America and West Indies: February 1732, 1-10

Pages 33-47

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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February 1732, 1-10

Feb. 1. 49. Petition of Mayor, Aldermen, Burgesses, merchants, traders, and masters of vessels of Poole trading to Newfoundland, to the Council of Trade and Plantations. Petition similar to that from Dartmouth (v. Feb. 8th,) Petitioners have of late years employed not less than 50 vessels yearly in the Newfoundland trade. Signed, Timo. Spurrier, Mayor, and 48 others. Endorsed, Recd, (from Mr. Ashe), Read 22nd Feb., 1731/2 1 large p. [C.O. 194,9. ff. 86, 86 v.]
Feb. 1 . 50. Jonathan Belcher jr. to [?Mr. Delafaye]. As Governor Belcher has hitherto at all times during the administracon of his office demeaned himself exactly agreeable to H.M. Instruction, and wch. is lately certified in a report ofyeLds. OfTrade etc.,itwill therefore be very acceptable to ye Governr. that when the royal order of leave goes over for his accepting his salary, that his Grace the Duke of Newcastle would be pleased just to give ye said Govr. a few lines therewith justifying his conduct in ye Governmt. there. Signed, Jona. Belcher junr. 2/3 p. [CO. 5, 898. f. 436.]
[Feb. 1.] 51. Mr. Walpole to the Council of Trade and Plantations. In the latter end of the administration of Govr. Burnet deceased at New York, the Assembly came to some resolves for suppressing the Court of Chancery, which is the only Court where prosecutions for ascertaining and recovering H.M. quitrents, when contested, can be carried on with any probability of success, because the other Courts are determined by Juries. Notwithstanding the Instructions that were given to the late Govr. Montgomerie for reviving that Court, the Receiver Genl. there hath acquainted the Auditor Genl. of the Plantations that the said late Govr. made an open declaration against having anything to do with the Chancery Court, and always declined concerning himself in any disputes about H.M. quitrents, and that the present President hath since declined taking the oaths as Chancellor ; By which means many quitrents remain in arrear, and where H.M. right to them is contested, no remedy can be expected. It is therefore proposed to enforce in the strongest manner the Instructions to H.M. Governor of New York on this head by requiring him to hold a Court of Chancery whenever it shall be required, and that he will also enquire and examine into the state of H.M. quitrents under his Governmt. and use his authority by all lawfull ways and means to countenance H.M. officers in their endeavour to ascertain and recover the same. No signature. Endorsed, Recd, (from Mr. Walpole) 1st, Read 3rd Feb., 1731/2. 2 pp. [C.O. 5, 1055. ff. 233, 233 v., 234 v.]
[Feb. 1.] 52. Grant of Maryland to Lord Baltimore, 1632. Endorsed, Recd, (from Lord Baltimore), Read 1st Feb., 1731/2 [v. C.S.P. 19 Aug., 1731). Printed translation. 29 pp. [C.O. 5, 1268. ff. 50, 52, 53–66 v., 69 i.]
Feb. 1.
53. Mr. Popple to Mr. Carkesse. Requests a return of sugar, molasses and rum exported from each of the British Sugar Islands to the Northern colonies in America 1726­1730. [C.O. 29, 15. p. 248.]
[Feb. 2.]
54. Jer. Dunbar to the Council of Trade and Plantations. An account of trade and manufactures in New England. The people make great quantityes of hats for their own use and some they send to Spain and Portugal and to our own West India Islands. They also make barr iron, some of wch. they send abroad and other they make into nails, utensils, anchors and all sorts of iron work for shipping, and by the advantage they also have of importing Spanish iron duty free, they are enabled to supply all sorts of manufactured iron, as nails tools etc. cheaper than they can be had from Old England by 4d. or 4d. per pound weight. They also make cambletts and other woollen stuffs a great many, also iron potts and paper. The(y) have a slitting mill : sevll. still houses and sugar bakers. They build ships for the French, and fitt them out with all sorts of rigging of their own makeing, for wch. they have in return French silks, claret, rum and molasses. India goods of all sorts are very much wore there and sold much cheaper than in Europe, by means of the drawback. No signature. Endorsed, Recd. Read 2nd Feb., 1731/2. 1 p. [C.O. 5, 874. ff. 37, 40 v.]
Feb. 3.
55. Order of Committee of Privy Council. The Lords Commissioners for Trade etc. are to prepare draughts of Instructions for all Governors of Plantations relating to laws placing inhabitants thereof on a more advantagious footing than those of Great Britain, and laws affecting trade or navigation of this Kingdom, as proposed in their Representation (v. 21st Jan.). Signed, W. Sharpe. Endorsed, Recd. 12th, Read 18th Feb., 1731/2. 1½ pp. [C.O. 323, 9. ff. 98, 98 v., 99 v.]
Feb. 3.
56. Order of Committee of Privy Council. Referring back to the Council of Trade and Plantations for further consideration their recommendation of Anthony Reynolds for the Council of N. Hampshire, etc. Signed, W. Sharpe. Endorsed, Recd. 14th Feb., Read 3rd Oct., 1732. This Order not to be proceeded upon. A.P.C. ¾ p. [C.O. 5, 874. ff. 171, 172 v.]
Feb. 3.
57. Order of Committee of Privy Council. Referring enclosed to the Council of Trade and Plantations for their report, together with their own representation recommending Mr. Atkinson for the Council of N.H., etc. Signed, W. Sharpe. Endorsed, Recd. 14th Feb., Read 6th March, 1731/2 p. Enclosed,
57. i. Petition of Jonathan Belcher jr. to the King in Council. Offers objections to the nomination of Theodore Atkinson, late Deputy Collector, N.H., to the Council, as proposed by the Board of Trade. For a Governor to be advised in Council by a person opposing those measures which he thinks requisite for H.M. honour, is to defeat the end of the special trust and confidence which by H.M. Commission, is reposed in the Governor. This Mr. Atkinson has done in several instances, in one particularly wherein he shewed the little regard he paid to an Instruction from H.M., produced to him specially by the Governor. In pursuance of the Instruction that the Governor should fill up vacancies caused by death in offices under the immediate appointment of the Crown, Governor Belcher at the decease of Mr. Bacon, late Collector of N.H., wrote to Mr. Atkinson his Deputy to surrender the seal of the office, with a view to appointing a new officer etc. He peremptorily refused, and persisted in his refusal when the Governor sent a special warrant and copy of his said Instruction etc., which obliged the . Governor to cut a new seale, etc. Prays that their report may be referred back to the Council of Trade to reconsider respecting a new nomination etc. Signed, Jona Belcher, Junr. Copy. 22/3 pp. [C.O. 5, 874. ff. 41 42–43. 44 v.]
[Feb. 3.] 58. Mr. Worsley to Mr. Popple. I herewith send you the Minutes of the Council of Barbadoes to the time I left that Governmt. as also the Naval Officer's lists, to 25th Sept., 1730, which were the last I received etc. Signed, Hen. Worsley. Endorsed, Recd. 3rd, Read 16th Feb., 1731/2. Holograph. 1 p. [C.O. 28, 22. ff. 166, 167 v.]
Feb. 3.
59. Order of Committee of Council. In accordance with Representation of 13th Jan., the Council of Trade and Plantations are to insert Hugh Hall in place of Thomas Davers in the Council of Barbados in Governor Chetwynd's Instructions etc. Signed, W. Sharpe. Endorsed, Recd. 7th, Read 15th Feb., 1731/2 1 p. [C.O. 28, 22. Ff. 164, 165 v.]
Feb. 3.
60. Order of Committee of Privy Council. Approving of Representation of 17th Dec. and ordering that John Morris be added to the list of Councillors for Antigua when a new Governor of the Leeward Islands is appointed. Signed, W. Sharpe. Endorsed, Recd. 21st Feb., Read 18th April, 1732. lj pp. [C.O. 152, 19. ff. 121, 121 v., 126 v.]
Feb. 3.
61. Order of Committee of Privy Council. Approving representation of 23rd Dec, and appointing John Duer Councillor of Antigua as preceding. Signed and endorsed as preceding. 1 p. [C.O. 152, 19. ff. 122, 125 v.]
Feb. 4.
62. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before H.M. Annexed,
62. i. Same to the King. Submit Col. Cosby's Commission to be Governor of New York, " being in the usual form," are preparing his Instructions with all possible dispatch etc.
62. ii. Gov. Cosby's Commission, described in No. i. [C.O. 5, 1125. pp. 184–205.]
Feb. 4.
63. Duke of Newcastle to the Council of Trade and Plantations. Reminds them of letter of 23rd Nov., 1731, relating to complaints of disorders in Newfoundland, and requests their opinion, " the season now coming on for Capt. Clinton's return thither " and it being necessary that he should receive H.M. orders thereupon etc. Signed, Holles Newcastle. Endorsed, Recd. 4th, Read 8th Feb., 1731/2. 1 p. [C.O. 194,9. ff. 84, 85 v.]
Feb. 4.
64. Council of Trade and Plantations to President Rip Van Dam. It appears to us by several letters from Genl. Hunter when Govr. of New York, that pursuant to the powers given to him, he did hold Courts of Chancery in that Province, for recovering the arrears of quit rent due to H.M. ; But Colo. Montgomery having acquainted us with some difficulties he met with in opinions there with respect to holding that Court, we informed in our letter of 28th May, 1729, that he ought to hold Courts of Chancery when there should be occasion as former Govrs. had done ; notwithstanding which the Receiver Genl. of New York had acquainted the Auditor Genl. here that the said late Govr. made an open declaration against having anything to do with the Chancery Court and always declined concerning himself in any disputes about H.M. quit-rents ; The said Receiver Genl. hath also represented that you have likewise declined taking the oaths as Chancellor by which means among other inconveniencies many quit rents remain in arrear and, where H.M. right is contested no remedy can otherways be expected. We therefore give you notice of what is here complained of and advise you to hold Courts of Chancery as often as occasion shall require and therein to enquire into, and examine the state of H.M. quit rents in that Province, and by all lawful ways and means to countenance H.M. Officers in their endeavours to ascertain and recover the same etc. Acknowledge letters and have laid before H.M. what he wrote concerning French encroachments. Thank him for volume of Connecticut laws etc. Col. Cosby has been appointed Governor. Until he arrives, they will expect exact accounts of all transactions in the Province etc. Set out, N.V. Col. Docs. V. 930. [C.O. 5, 1125. i. 181–183.]
Feb. 4.
65. Duke of Newcastle to the Council of Trade and Plantations. Refers to his letter of 24th Nov. last, requiring a report upon the trade between the Northern Colonies and the French Islands etc. " which His Majesty expected to have received from you before this time." Continues : As it appears by the late Address from the House of Commons (v. 29th Jan.) that this affair is coming under the consideration of that House, H.M. has commanded me to acquaint you with his pleasure, that you do, without any further delay, make your report in pursuance of what I then wrote to you ; It having been H.M. intention, that this report should have been ready against the session of Parliament, that it might have been laid before the House for their information. I am also to remind you of H.M. commands (v. 9th June), that you should comply with the address of the House of Commons for your preparing a representation to be laid before them in this present session, of the state of H.M. Colonies and Plantations in America, with respect to any laws made, manufactures set up, and trade carried on there, which may affect the trade, navigation and manufactures of this Kingdom ; that if this representation is not ready to be laid before the House, it may be finisht without loss of time. Signed, Holles Newcastle. Endorsed, Recd. 4th, Read 8th Feb., 1731/2. 1¾ pp. [C.O. 28, 22. ff. 154, 154 v., 155 v.]
Feb. 4. 66. List of papers laid before the Council of Trade relating to the dispute between the Sugar Colonies and the Northern Colonies in America since the last sessions of Parliament. [C.O. 29, 15. pp. 249–251.]
Feb. 4.
67. Council of Trade and Plantations to the Duke of Newcastle. Enclose following, to be laid before the King. Autograph signatures. 1 p. Enclosed,
68. i. Same to the King. Enclose following.
68. ii. Draft of Commission for William Cosby, Governor of New Jersey. The same, mutatis mutandis, as that of Col. Montgomery, Aug. 23, 1727. With warrant for preparing same to pass the Great Seal subscribed. 25th Feb., 1731/2. Signed, Holles Newcastle. [C.O. 5, 195. ff. 69–76, 77] ; and (covering letters only) 5, 996. pp. 280–282.]
Feb. 5.
68. Mr. Sharpe to [? Mr. Delafaye]. My Lord President is of opinion that as the Address of the House of Commons is worded, for the merchants' petition about their debts and the report of the Board of Trade thereon, copys of these papers should not be prepared by the Council Office, but by the Plantation Office etc. Signed, W. Sharpe. 1 p. [C.O. 5, 36. f. 26.]
Feb. 7. 69. Mr. Leheup to Mr. Popple. By Mr. Chetwynd's death the Order of the Committee of Council for inserting Mr. Ashley and Mr. Haggat as Counsellours (in his Instructions) can't be executed ; Upon applying at the Council Office, I am told that the first step for their appointment is now to come from the Board of Trade. Prays for a representation accordingly, the Council at Barbadoes being very thin by means of these vacancies, another acting as President, and two more (Mr. Colleton and Capt. Davers) being here etc. Signed, Peter Leheup. Endorsed, Recd. 7th, Read 15th Feb., 1731/2. 1 p. [C.O. 28, 22. ff. 162, 163 v.]
[Feb. 8.] 70. Memorial by Matthew Maugir, Richard Homens and Bodmen, and other masters of vessels etc. at Canso to the Council of Trade and Plantations. There is at present a great trade carried on by the French in the harbour of Cansoe who come from the Island Gaspye and Cape Breton, and sell great quantities of Martinico rum, melassus, and sundry commodities from Old France, as brandy, wine, linnens, etc., to the fishermen at Cansoe and who come there yearly from other places and barter those commodity's for fish caught by the English which enhances the price of fish and also proves a very considerable detriment to the ships which yearly come from England in order to purchase their cargoes of fish there, not only by the French getting part of ye fish for those contraband commodity's but also is a manifest loss to those British ships who cannot sell the lawful commodity's they bring with them in order to purchase fish, ye people at Cansoe being continually stock't by the French so yt. the advantage which might accrue from our own and Plantation commodities is lost thereby as well as ye French being enabled to purchase the greatest quantities of fish and supplying the marketts in the Mediterranean therewith and more especially Italy which is yearly overstock'd with fish brought thither in French ships the great part of it is caught by our own people as above. Pray their Lordships to apply a proper remedy ; so yt. a trade so exceeding valuable to Great Brittain as ye employmt. of shipping, ye encrease of seamen, and ye sale of Brittish commodity's together with ye paymt. of our returns for good part of our trade from the Mediterranean, be preserved as entire as possible. Endorsed, Recd, (from Mr. Bladen) 8th Feb., Read 4th May, 1732. 1 p. and one line. [C.O. 217, 6. ff. 93, 97 v.]
Feb. 8.
71. Council of Trade and Plantations to the King. By an Act passed in Bermuda July last to supply the deficiency of several funds etc., it is enacted that for the term of two years from the publication of the said act all goods and merchandise of what nature or kind whatsoever belonging to any persons not being inhabitants of the Bermudas shall pay at the rate of three pounds of the current money of Bermuda for every hundred pounds value imported into those islands. Which being a provision of a very partial nature and detrimental to the trade of this Kingdom, we take leave humbly to lay the said act before your Majesty for your disallowance. [C.O. 38, 88. p. 166.]
[Feb. 8.] 72. Address of the Commander in Chief of the Leeward Islands and Council and Assembly of Nevis to the Council of Trade and Plantations. Represent that " the decaying circumstances and declining state of these H.M. Leeward Collonies are chiefly if not wholy owing to that detrimentall trade which hath for many years past been freely encouraged and openly carryed on between the inhabitants of Boston, Rhode Island and other parts of the Content and the subjects of the French King in Martinique, Guardaloupe and Hispaniola, which trade as it is very pernicious and destructive to the English is no less manifestly the cause of the rise and great improvement of the French islands. The Boston and the other tradeing parts of the Continent, may with great advantage as well as ease supply the Brittish Sugar Islands with their commodities for returns equally advantagious and beneficiall to them were there trade properly confin'd, which mutuall proffitt and supply of each others wants would give that advantage to the Sugar Collonies of Great Britain which the French and Dutch by a contrary (and seemingly unaturall) trade have long reaped and now enjoy to their very great emolument, whereas the Brittish subjects are proportionably decaying in their circumstances and decreasing dayly in numbers as is too notorious to insist on. The inhabitants of the British Sugar Islands and Continent have such equall needs for the goods of each other that neither can improve without a free trade between both etc. The plentifull supplies of boards staves horses fish and lumber of all sorts which the French and Dutch receive from the Continent occasion great scarcity of those very goods amongst the Brittish Colloniee, especially Nevis, insomuch that they are frequently obliged to purchase the refuse of their cargoes at extravagant rates, and sometimes are drove to great extremitys by a totall want of such goods etc. The ill consequence of that trade is shown by the improvement of the French islands in general etc., but more especially of Martinique, whose power alone in case of a war would be very formidable to H.M. Leeward Islands particularly Nevis and Mountserratt which are much reduced in their inhabitants as well as trade without a sufficient number of men of warr to protect us etc. The French are encreasing also at Hispaniola, a very large and fruitfull tract of land already well settled by a great number of inhabitants, tradeing almost to all parts but capable of far greater improvements, especially since the French have lately fallen into a method of building what vessels they have occasion for at Boston and other parts of the Continent. They are enabled (by the illegall trade aforesaid) to add to their Collonies and are now dayly makeing new settlements at Dominico and St. Lucia, each of which have at least 500 inhabitants etc. This false trade is as beneficiall to the Dutch at Surinam etc., for from a very small beginning they have raised themselves to a very high degree so as to become a place of great trade capable of exporting yearly 40,000 hogsheads of sugar. Whereas were this destructive trade duely prohibitted the Dutch would not, no more than the French, be the greatest gainers by the sugar trade nor H.M. subjects of these Islands the least. The inhabitants of the Brittish Collonies labouring under many disadvantages more than the French and Dutch, with regards to our dutys to the Crowne, (which they are exempt from) and also for want of those supplies of Northern goods which the French and Dutch allmost engross to themselves by the mischievous trade aforesaid are the true and genuine reasons why our lands are not duely cultivated nor furnished with slaves, our numbers of men decreaseing, our produce less, and a generall decline, and decay of these once flourishing islands which with proper encouragement, are still capable of produceing much more than they doe and of maintaining twice the number of men they now have etc. Pray the Board's help to get an act passed restraining " such an illegall and hurtfull trade as is above set forth without the least exaggeration etc. and as every day's practice abundantly evinceth notwithstanding a certain author of a pamphlet intituled Remarks etc. hath been pleased to endeavour to discreditt a very just and judicious remonstrance of this nature sent from H.M. Island of Barbadoes which was grounded on self-evident truth and experience whereas the abovementioned author's assertions to the contrary are notoriously groundless and (to say no worse of them) very great mistakes. Signed, Mich. Smith, Cha. Bridgwater, Ja. Symonds, Michael Williams, James Porowne, Richd. Abbott, Lawce (?) Brodbelt, Daniel Smith, John Dasent, Speaker, Thos. Pym, Sam. Clarke, Joseph Herbert, George Webbe, Roger Pemberton, Robt. Pemberton, James Earle, Thos. Stewart, John Woodley. Endorsed, Recd, (from Mr. Butler), Read 8th Feb., 1731/2. 1½ large pp. [C.O. 152, 19. ff.III, 112, 112 v.]
Feb. 8.
73. Mr. Popple to Mr. Fane. Encloses Acts passed in Jamaica 1731 and requests his opinion in point of law upon the following ; (i) for rendering the two regiments more serviceable, and providing an additional subsistence for them etc. ; (ii) for rendering the Bath in the parish of St. Thomas more serviceable ; (iii) to establish etc. the title of the Honble. Edward Charlton to three parcels of land in St. Jago de la Vega etc ; (iv) to continue part of an act for the better suppressing the rebellious negroes etc., empowering such parishes as are omitted in the sd. Act to send parties in like manner as the parishes in the said act mentioned, etc. [C.O. 138, 17. p. 357.]
[Feb. 8.] 74. Petition of Merchants, traders and masters of ships of Dartmouth trading to Newfoundland, to the Council of Trade and Plantations. For more then thirty years past every harbour in the Island of Newfoundland hath been govern'd by the commanders of the three first fishing ships that should arrive from England who are stiled Admiralls, according to an Act of Parliament etc. Continues :—But within these three last years Capt. Henry Osbourne Esq. (Comandt. of one of H.M. ships) has been sent there with the title of Governour, who has substituted a sort of civil magistracy by appointing in each harbour certain Justices and Constables, the generality of ye former as well as latter are illiterate persons of mean circumstances, who chiefly subsist by ye shipping, wch. fish there in the summer season, and in the winter spend what they get or more if can obtain credit, for your further knowledge of them we appeal to the Lord Vere Beauclere who when Comodore there aUways acted with impartiality.—So that the powers which before was in the hands of the Fishing Admiralls, who return to England every year, and if they acted repugnant to law or justice might easily be brought to answer for ye same in a Court of Judicature here ; is now invested in those Justices (inhabitants of Newfoundland) and whatever illegall or arbitrary proceeding or determination of theirs we can have no redress for without more expence and time then the thing is worth and as the inhabitants chiefly subsist from hand to mouth onley, so we must totally lose our debts &c. They are already come to tax our trade and servts. wch. remain there and carry such an insolent authority and power among us, that if suffered the trade must inevitably faile.—Several of these Justices supply the servants, and mean people at exorbitant prices especially with strong liquors, by which those people cannot afford themselves cloaths and other necessarys for the fishery, and though ye merchants and traders would supply these person at a moderate advance, yet if they are in debt to ye Justices, they will threaten nothing less then prison to their debtors if they are not first paid. 'Twill tire Yo. Lordships' patience to enumerate more particulars etc. Pray that the Justices may have no power during the stay of the fishing ships, but that the Admiralls may still have the powers of deciding controvercys etc. as granted by the Act etc. Signed, Arthr. Holdsworth and 19 others. Endorsed, Recd, (from Mr. Triby, Member for Dartmouth), Read 8th Feb., 1731/2. 1 large p. [C.O. 194, 9. ff. 83, 83 v.]
Feb. 8. 75. Order of House of Commons. That the Commrs. for Trade and Plantations do lay before this House all the acts of H.M. Colonies of New York, New England and Virginia, which have been transmitted to them, for preventing the sale of rum to the Indians. Signed, N. Hardinge, Cl. Com. Dom. Endorsed, Recd. 8th, Read 15th Feb., 1731/2. ½ p. [C.O. 5, 1055. ff. 235, 236 v.]
Feb. 8.
Custom House,
76. John Oxenford to Mr. Popple. In reply to 1st Feb., encloses following. "The values of the exports are casting up and will be sent as soon as they can be made up " etc. Signed, John Oxenford. Endorsed, Recd. Read 8th Feb., 1731/2 Addressed, ¾ p. Enclosed,
76. i. Account of sugar imported from the British Sugar Islands, 1727–1730.
1727. 1728. 1729. 1730.
cwt. qrs. lb. cwt. qrs. lb. cwt. qrs. lb. cwt. qrs. lb.
Antigua 96112 0 25 187260 1 2 205532 2 25 182277 2 17
Barbados 164013 2 10 238664 0 18 159843 2 22 250075 2 25
Jamaica 176230 1 23 271665 1 10 354686 3 10 319456 1 25
Mountserat 32689 3 19 50635 3 7 36316 0 25 44751 1 8
Nevis 30233 2 22 50293 3 9 71540 1 12 60059 1 17
St. Christo-
141366 1 10 165642 2 7 158728 0 26 162407 0 6
West Indies
in general
2485 1 0 4397 2 22 3430 0 3 1742 1 23
Totals 643131 1 25 968499 2 19 990078 0 11 1,020,770 0 9
Signed, John Oxenford. 2/3 p.
76. ii. An Account of exports of sugar from England 1727–1730. The amounts vary from 112,699 cwt. to 210,320, the largest customers being Germany, 77960 cwt. in 1728, Holland, 71948, Ireland, 26692 and Flanders 15115. The exports to the Plantations are negligible. Signed, John Oxenford. 1 p. [C.O. 28, 22. ff. 156, 157, 158, 161 v.]
Feb. 9.
77. Duke of Newcastle to the Council of Trade and Plantations. Encloses following. Concludes :—I am to signify to you H.M. pleasure, that you accordingly lay before them the papers desired etc. Signed, Holles Newcastle. Endorsed, Recd. 9th, Read 10th. Feb., 1731/2. ¾ p. Enclosed,
77. i. Address of the House of Commons to the King, that He will be graciously pleased to give directions, that the petition of several merchants of the City of London to H.M., complaining, that as the laws now stand in some of H.M. Colonys and Plantations in America, His subjects of Great Britain are left without any remedy for the recovery of their just debts ; and also the report of the Lords Commissioners of Trade thereupon, be laid before this House. 7th Feb., 1731/2. Copy. ½ p. [C.O. 323, 9. ff. 94, 95, 97 v.]
Feb. 9.
78. Duke of Newcastle to the Council of Trade and Plantations. Encloses following for their report, what is proper to be done. Signed, Holles Newcastle. Endorsed, Recd. 24th Feb., Read 14th April, 1732. 1 p. Enclosed,
78. i. Petition of Henry Worsley to the King. Recapitulates Instruction and Act of Barbados settling an additional salary on him during his Government. The revenue raised by that act, by a tax on negroes and other the possessions of the inhabitants, over and above said salary, was so considerable that tho' Memorialist found the Island above £25,000 in debt on his first coming, yet the greatest part of that heavy burthen has been discharged by this fund etc. If all the inhabitants had paid their tax for these three last years, as they did the preceeding the whole debt of the country would have been discharged. The wealth of that island was so far from being affected by this act that the Legislature there passed two other acts, each laying a duty on negroes and other the possessions of the inhabitants etc. one in 1724, for payment of the debts of the island which was afterwards repealed by H.M. in Council, the other in 1726, for erecting Magazines in St. Anne's Castle, and building a town-hall and gaol in St. Michael's Town. Describes refusal of many to pay the tax on the grounds that the act was determined after the death of King George I, an Order in Council declaring that it was in force etc. Many paid a due obedience to said Order, but many used divers artfull contrivances to evade and elude the law which they were thereby so strictly commanded to obey, by which means there hath been a very large deficiency for 3 years past in the collection of the tax etc. Continues:—The duty imposed by this act being vested in your Majesty etc., tho' appropriated to particular uses, your Memorialist most humbly apprehends that the proper method of recovering the several sums due under this act is by information in nature of an action of debt to be brought in the proper Court of Barbadoes in the name of your Matie's. Attorney Genll, there, or by English bill to be brought by and in ye name of your Matie's. said Attorny Genl. on your Matie's. behalf in any Court of the Island holding plea of revenue causes in general, which makes it necessary, that if such proceedings should be thought proper your Matie's. directions should be obtained for commencing ye same. As ye monys remaining due under this act are appropriated to ye use of ye publick as well as for payment of your Memorialist's additional salary and as those who have refused paying the tax thereby imposed are guilty of acting in defiance of ye law and in contempt of ye said Order of Her Matie. in Council as Guardian of the Realm, and as it would be matter of great uneasiness to all such of your Maties. loyal and faithfull subjects there who have constantly and freely paid the tax in obedience to ye law and your Majesty's authority should they see others who are equally able and no less bound, discharged thereof by an undutifull disobedience etc., prays that H.M. Attorney General of said island may be directed, in case defaulters do not pay by some short time to be limited by H.M., that he then cause proper suits to be commenced against them etc., and that the sums so recovered may be applied to the uses of the said act etc. 3 closely written pp. [C.O. 28, 23. ff. 15, 16–17, 18 v.]
Feb. 10.
79. Council of Trade and Plantations to the Duke of Newcastle. Enclose extract of letter from Governor Hunter, 13th Nov., just received, relating to the danger that might attend the recalling of the two regiments etc. Autograph signatures. 1 p. [C.O. 137, 47. f. 127, 138, 17. p. 358.]
Feb. 10.
80. Council of Trade and Plantations to the Duke of Newcastle. Reply to letters of 24th Nov. and 4th Feb. requiring a report upon the representations from Barbados and Jamaica relating to the trade between the Northern Colonies and the French Islands etc. Continue :—In order to make a perfect report upon the several particulars in your Grace's first letter, immediately sent for all the parties or their Agents. Those concerned for the Northern Colonies desired copies of what had been represented in behalf of the Sugar Islands, in order to make their answers : and it was some time before we received their answers thereto : The Agents for the Sugar Islands likewise desired copies of these answers, that they might be able to make their reply, which could not in reason be deny'd. Some time passed before they delivered in their reply, and within two days after that we received H.M. Orders, upon the Address of the House of Commons, to lay copies of all such papers as had come to our hands upon this subject before the House : and we really did not apprehend, till we received your Grace's second letter, that it was H.M. pleasure we should proceed to make this report upon a matter of so much nicety and importance, which in all probability will have received its determination in Parliament long before it can be possible for us to make a report upon it, tho' all other business were laid aside, and all imaginable diligence apply'd to this subject only. We take leave however to send your Grace inclosed copies of all the papers that have been delivered to us by the parties concern'd, which consist of many allegations, but of allegations only, and not of proofs, which has brought this matter hitherto no farther than to an issue upon the facts in dispute between the opposite parties. Your Grace will easily conceive what time it will naturally require to apply proofs to these allegations, and how imperfect our report would be, how little able to answer the many enquiries directed by your Grace's first letter, till those proofs shall have been apply'd and thoroughly considered. This is the true state of this affair, to which we may add, that some of the parties very materially concernd in this dispute, have delivered in their state of the case to us but within these very few days ; and among the other papers herewith transmitted, your Grace will find an address to H.M. and a representation to us from the Isld. of Nevis, which we read the 8th instant. Yet if notwithstanding all, it should be H.M. pleasure that we should proceed in making our report upon this subject, upon the first signification thereof we shall not fail, whatever time it may require (and certainly it will be a work of much time) to obey H.M. commands. In your letter of the 4th instant, your Grace is likewise pleased to remind us of that which we had the honour to receive from you the 9th of June last, inclosing the Address of the House of Commons for our preparing a Represn. to be laid before them, in this present session of Parliament of the state of H.M. Colonies and Plantations in America, with respect to any laws made and manufactures set up, and trade carry'd on there, which may affect the trade, navigation and manufactures of this Kingdom : and to signify to us H.M. pleasure, that if this Representn. is not ready to be laid before the House, it may be finished without loss of time. Give us leave to inform your Grace, that upon receipt of your letter of the 9th of June, we forthwith sent circular directions to all the Governors of ye British Colonies in America, requiring them to transmit to this Board exact and particular accounts of the several matters mentioned in the said Order, that we might be the better enabled to make a punctual and authentick return upon proper vouchers to the House. Nor did we neglect to make dilligent search in the books and papers in our Office, in order to acquire such lights as we could collect from thence, relating to these heads of enquiry, till such time as we could be more fully informed thereof by proper returns from the several Governors to our circular letters. But the Address upon this subject which was moved very late, the last session of Parliament, having been again repeated the 15th past, we thought it our duty to inform the House, of the true state of this matter, and to take their sense in what manner the Board should conduct themselves upon this occasion ; that is to say, whether the House would be pleased to accept of such a report as we were able to make from the books and papers in our Office ? or whether the Board should waite for the returns from the other Governors of the British Colonies in America to our circular letters, having at that time received answers only from Virginia and Pensylvania ? And it seeming to be the sence of the House, that we should make such a report as we were then able to draw up, from the books and papers in our Office, we have accordingly done so, and hope to be able to lay the same before the House in a very few days. As we shall always obey H.M. commands with the utmost diligence, and shall receive the notification of them from your Grace with singular pleasure, so we must beg, you would do us the justice to believe that we are incapable of delays or neglect of our duty, and particularly that we have not lost any time in enquiring into the matters mentioned in your Grace's last letter. Autograph signatures. 8 pp. [C.O. 5, 4. No. 49 ; and 29, 15. pp. 251– 258 (without enclosures).] Enclosed,
80. i. Lt. Gov. Gooch to the Council of Trade and Plantations. Sept. 8th, 1731. Copy. 13 pp.
80. ii. Extract of representation from Council of Virginia to the Council of Trade in answer to the representations from the Sugar Islands. Copy. 6¼ pp.
80. iii. Representation of President, Council and Assembly of New York to the King on same. Copy. 3¾ pp.
80. iv. Representation of the President, Council and Assembly of St. Christophers to the Council of Trade and Plantations. On trade between New England and French and Dutch. 24th Sept., 1731. Copy. 6 pp. 80. v. Answer, to the Council of Trade and Plantations, on behalf of the Northern Colonies to the representations of Barbados, Antigua and St. Christophers. Copy. 12 pp.
80. vi. Reply to preceding, to the Council of Trade and Plantations, on behalf of the Leeward Islands and Jamaica. Copy. 22½ pp.
80. vii. Reply, to the Council of Trade and Plantations, on behalf of Barbados to Nos. iii and v. Copy. 7½ pp.
80. viii. Memorandum of kinds of sugar sent from British Plantations. ¾ p.
80. ix. Correction of evidence given to a Committee of the House of Commons upon last year's bill, in view of the bill now before the House of Lords. Printed. 2 pp. Without date or signature. [? by Capt. Fayrer Hall. v. No. xxi.] Printed. 2 pp.
80. x. Observations upon the argument of the Northern Colonies that sugar, cotton and indigo are not permitted to be exported from the French and Dutch Islands. Copy
80. xi. Remarks upon objections to clauses in the Sugar Bill as to the onus probandi. Copy. 1¾ pp.
80. xii. Breviate of an Act of Barbados, 1663, granting the 4½ p.c, with a note upon impositions levied upon sugar and tobacco. Copy. 2¼ pp.
80. xiii. (a) Account of the importation and re-exportation of sugars from the British Plantations, 1716–1730. Custom House, 23 March, 1731. Totals (for 14 years) : Imported, 10,173,155 cwt. ; Exported, 1,971,948 cwt. Signed, John Oxenford. Copy. 1 p.
(b) Notes upon evidence (? by Capt. Hall v. No. xxi) relating to sugar trade. 1 p.
80. xiv. Copy of a bill intituled an Act for the better securing and encouraging the trade of His Majesties Sugar Colonies in America, 1731. Prohibits importation of foreign sugar, rum or molasses into any of H.M. Dominions, and the export of lumber and horses from the Plantations in America to any foreign Plantations. Printed. 6 pp.
80. xv.–xviii. The Case of the British Northern Colonies. Statement on trade with the Sugar Islands. 3 folio pp. Three printed and one MS. Copies.
80. xix. The Case of the British Sugar Colonies. Printed. 3 folio pp.
80. xx. Answers to all the objections made to the Bill for supporting the Sugar Colonies. Printed. 2½ pp.
80. xxi. (a) Capt. Fayrer Hall's Evidence before a Committee of the House of Commons, April 1731, concerning the Sugar Colony Bill. Corrects his former evidence in opposition to the Bill, so far as it was based on two mistakes (i) that rum could be afforded cheaper than brandy in Europe, (ii) that rum was absolutely necessary for our Northern Colonies. Printed. (b) Letter to a Noble Lord concerning the advantage to the French Sugar-Colonies from the Northern Colony Trade. Signed, Fayrer Hall. Printed. The whole, 12 folio pp.
80. xxii. Representation of the Assembly of Barbados to the Council of Trade and Plantations. 27th Aug., 1731. v. C.S.P. under date. Copy. 12½ pp.
80. xxiii. Representation of Lt. Governor, Council and Assembly of Antigua to the Council of Trade and Plantations, complaining of trade of New England and the foreign Plantations. Copy. 8 pp.
80. xxiv. Reasons offered on behalf of Pennsylvania against the monopoly desired by the Assemblies of Barbados, Antigua and St. Christophers. Copy. 6½ pp.
80. xxv. Representative of Commander in Chief (Michael Smith) of the Leeward Islands and Council and Assembly of Nevis to the Council of Trade and Plantations, complaining of decay of sugar trade owing to trade between the Northern Colonies and the French Islands. Copy. 5 pp. [C.O. 5, 4. Nos. 49, 49 i.–xxv.]