America and West Indies: February 1732, 16-29

Pages 63-78

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, 16-29

Feb. 16.
90. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, 11 acts of S. Carolina, passed in Aug. 1731. Titles of Acts. [C.O. 5,401. pp. 25–21.]
Feb. 19.
91. Edmond Porter to the Council of Trade and Plantations. Governor Burrington, by and with the advice of Robert Halton and Joseph Jenour, Member of Council by H.M. appointment, and John Lovick and Edmond Gale of the Governor's appointmt hath thought fit to suspend me from the Council and as Judge of the Vice-Admiralty Court, with black and infamous carachters etc. Quotes Governor's 9th Instruction, relating to suspension of Councillors and encloses copies of proceedings etc. Continues :— By which your Lordps. will perceive that three Members of Council appointed by H.M. did dissent from my suspension (tho' I believe it will be represented otherwise) and in what manner the Governor vaunted and sported with my misfortunes, after he had suspended me from the office of Judge of Admty. the day before, and the next day from the Council Board ; not giving me one hour's time in the former office to defend myselfe, and threw a paper wch. I told him related to my defence into ye fire, without reading it, or suffering any one member of Council to peruse it. During which trials etc. the lerned have not described malice or ye furies halfe so terrible to my apprehension as this gentleman appeared etc. In the two first general articles the Governor accuses me with '' obstructing all proceedings in Council by raising unnecessary disputes and cavils," etc. Replies :—(i) I was often under necessity to differ with the Governor, more especially in matters wch. related to lands, wherein I did repeatedly advise him in private, not to accept, purchas, or otherwise be concerned in theproperty of such lands wch. in all probability was like to be controverted and of right belonged to the King. Here began his resentment etc. (ii) I gave an opinion in Council that the best expedient to find out the fraudes that had been transacted by meanes of Mr. Lovick's emitting blank pattents was to issue Proclamation to call in all patents that had been made out from a certain time etc. (iii) I gave an opinion in Council that it was improper for his Excelley. (whose negative power was distinct and separate in the making laws) to come into the Council Chamber and by himselfe alter such bills that were by the upper House prepareing or amending for his assent, (iv) I gave an opinion in Council, that Mr. Wm. Little, Recr. General under the Lords Proprietors for the quitrents and purchas money of lands ought to produce a regular rent-role, by which he and his Deptys. did collect the same, that thereby it might appear to the Council what the amount thereof was annually, before his accounts could be admitted etc. Moreover Little (1 observed to a Committy of Council), in one article of purchas money paid by Martin Franks, had given credit but 30s. to H.M., whereas the sum paid was above £300 (v. encl. vii). (v) That the Governor could not appoint John Lovick and Edmond Gale members of Council when seven in the Province did subsist etc.. (vi) That the Governor is not sole Chancellor, as he hath repeatedly insisted etc. (vii) That H.E. and less than five of the Council could not hold Courts of Chancery, and that such courts were fixed to three certain terms etc. Appeals to the Board for protection and consideration of his case etc. Set out, N.C. Col. Rec. III. pp. 325ff. Signed, E. Porter. Endorsed, Recd. 13th May, Read 31st June, 1732. 3¾ pp. Enclosed,
91. i. Mr. Porter's Memorandum of proceedings upon his suspension from the Council etc. Signed, E.P. I i.
91. ii. Governor Burrington to Mr. Porter, stating his charge against him, which he intends to lay before the Council next day and move for his suspension. 1 p
91. iii. Mr. Porter's reply to preceding. Signed, E. Porter. 3⅓pp.
91. iv. Memorandum of remarks by Governor Burrington and Mr. Porter after the latter's suspension. Signed, Jno. Bapta. Ashe, Corn. Harnett. 1 p.
91. v. Exceptions humbly offered by Mr. Porter against the legality of his suspension, to the Lords Commrs. of Trade etc. Feb. 19, 1731/2. Signed, E. Porter. 3 pp.
91. vi. Opinion of E. Porter against the appointment of any new member of Council, there being seven at the present time etc. 27th July, 1731. Signed, E. Porter, at the Council Board. 1 p.
91. vii. Memorandum by Mr. Porter of statements by Martin Franks as to payments made by him to Wm. Little, late Receiver-General etc. Signed, E. Porter. 1 p. Nos. i-vii. Set out N.C. Col. Rec. III, 325–331. [C.O. 5, 294. i. 14–15v., 16v., 17, 18, 19–21, 22–25.v.]
Feb. 19.
92. Governor Hunter to the Council of Trade and Plantations. On the 29th of Jan. last I gave my assent to the Additional Duty Act, as it is call'd, laying no other or higher dutys on slaves then what had been for many years passt without complaint. An act pass'd also in this Session repealing that clause which relates to convicts imported here. On the tith of Feb. I receiv'd by the hands of Capt. Bostock in a blank cover H.M. Instruction relating to the dutys on slaves imported, I lay'd it before the Council and Assembly, on which in a conference they agreed to and resolv'd on a joint address to H.M. on that subject, and in a body presented it to me with their request that it might be forthwith transmitted, and I have accordingly by this conveyance Capt. Bradshaw bound for Bristol inclos'd in mine to his Grace the Duke of Newcastle. I am much hurry'd in fitting out fresh partys against these slaves in rebellion who increase daly by the desertion of others from the several plantations, and grow formidable. There lay before the Council at the time the Instruction mention'd arriv'd an act for the settling and planting the wast lands here, which would have prov'd an effectual remedy and in my opinion the only one but attended with so vast an expens which in its present circumstances they thought the country could not bear, they dropt it (vide paper x). I have compleated the two Independent Companys from ye volunteers of the two Regiments, about 150 have ingag'd in the country's service on the conditions offer'd them by the Assembly, there remains about 100 to embark for Ireland but J believe many of these will choose to stay. Encloses list of Acts passed last session etc. Concludes :—I assure your Lordships this island calls for your care as well as compassion. I have done my best etc. Signed, Ro. Hunter. Endorsed, Recd, nth May, Read 12th Sept., 1732. 2¾ pp. Enclosed;
92. i. Encouragements given the soldiers who have enlisted in the country's service by an Act passed Jan.. 1732. Cf. Jan. 16, encl. v. Encouragements included to be given by another act which passed the Assembly but not the Council, (v. Jan. 16, encl. v.) Same endorsement. 1 p.
92. ii. List of Acts passed at a session begun 3rd Jan., 1731(2). (i) Act for raising several sums of money and applying the same etc. (ii) for raising of several parties to reduce the rebellious negros in the N.E. part etc. (iii) to prevent the abuses committed by entertaining, concealing or carrying off any of H.M. soldiers, any white men or women servants or slaves, belonging to any of the inhabitants without tickets, and for the better regulating servants and deciding differences between masters and servants, (iv) An act to repeal such part of an act entituled an act for raising several sums of money etc. as imposes a duty on the importation of convicts etc. (v) to oblige the several inhabitants to provide themselves with a sufficient number of white people, or pay certain sums of money in case they shall be deficient, and for laying a duty an shipping and applying the same to several uses, (vi) for paying the officers and soldiers who shall engage in the country's service and go in pursuit of the rebellious slaves etc. (vii) for appointing an Agent or Agents in Great Britain to sollicite the passing of laws and other the publick: affairs of this Island, and impowering certain members of the Council and Assembly, during the interval of Assemblys, to give instructions for such his management etc. Same endorsement, l½ pp[C.O. 137, 20. ff. 54–55v., 56v.. .57, 58, 58v'.. 59v., 60v.]
Feb. 19.
93. Governor Hunter to the Duke of Newcastle. Repeats substance of preceding letter to Council of Trade etc. Has desired Mr. Delafay also to lay before his Grace what he has written to him etc. This goes by a Bristol ship. The ships of war which are to sail soon for England will bring fuller accounts of everything. Concludes ;—I have had very bad health of late, and have in mine to Mr. Delafay beg'd a favour, which I flatter myself your Grace will not think unreasonable (v. 16thMarch) I have to the best of my skill and with the sincerest intentions pursu'd and endeavour'd at what I judg'd most conducive to H.M. service, without any other views then that etc. Signed, Ro. Hunter. Endorsed, R. 1st May. 3½ pp. Enclosed,
93. i. Duplicate of encl. i. preceding.
93. ii. List of encouragements given to volunteers by the Act of 3rd Jan., 1732. 1 ¼ pp.
93. iii. Encouragements for settlers proposed by the Assembly in an act which did not pass the Council. 1 p. [C.O. 137,54. ff. 39–41v., 43, 43v., 44.]
Feb. 20.
N. Carolina.
94. Governor Burrington to the Council of Trade and Plantations. Abstract. It must appear very surprising, that though he was received by the people with the greatest demonstrations of joy, when he published H.M. Commission, the late Assembly would not pass one of the acts recommended in his Instructions, or proposed by him, solely for the ease of the people. He had been seven or eight weeks in the country, and held discourses with the leading men, who seem'd very well satisfied with all he said to them of his Instructions, except the paying their quit-rents in cash, and the great advance of rents for the lands to be taken up. Immediately before the Assembly met, Mr. Rice the Secretary and Mr. Ashe came together from Cape Fear to Edenton the seat of Government. Till then, there was no dispute in Council; but the business before it was transacted with harmony. Mr. Ashe began immediately to oppose the Governor in Council, and in time gained Mr. Smith and Mr Porter to join him. "Moseley Speaker of the last Assembly and one James Castellaco a very factious Assembly man, came to me the third day after the assembly met, and desired me or rather required me, to give my assent, to an act of Assembly to confirm the pretended laws made here in 1729 after the King's purchase ; this I absolutely refused, there being many things in them acts contrary to H.M. service, and such as I am forbid by my Instructions to pass ; I was allso publickly and privately solicited to use my interest and endeavours, that possession of the lands, sold and granted by Sir R. Everard and the late Council, should be confirmed to the purchasers ; this I denied " etc. This occasioned the cool answer of the Representatives to his Speech, and their subsequent behaviour. Their Journals show how much he was in the right. On Mr. Smith's defection Mr. Rice went to South Carolina, and the Attorney General was obliged to go to Virginia, where his wife was dangerously sick. Ashe, Smith and Porter thus gained their end, for the Governor's vote now made but an equality in the Council. He therefore put an end to that session. Has given characters of Smith and Porter in former letter. Ashe is an ungrateful villain. Cornelius Harnett is a disgrace to the Council. Bred in Dublin, and settled at Cape Fear, he was set to be worth £7000, but is now known to have traded with other men's goods, not worth anything, and reduced to keep a publick house. The behaviour of Ashe and Harnett in Capt. Tate's affair is shown in the Council's Journals. " It is a misfortune to this Province, and to the Governor in particular, that there are not a sufficient number of Gentlemen in it fitt to be Councellors, Justices nor Officers in the Militia etc., there is no difference to be perceived in dress and carriage, between the Justices, Constables, and planters that come to a Court, nor between the Officers, and private men, at a muster, which parity is in no other country but this. Sir Richard Everard etc. had the meanest capacity, and worst principles of any gentleman I ever knew, his administration was equally unjust, and simple, he was under the direction sometimes of one sett, then of others, who advised him for their own interest, and being incapable of judgeing, was led to do anything they put him upon, which brought infinite confusion on the country, every man did as he pleased, the Militia which was very good, became so neglected, that very few men now have serviceable arms : the roads so neglected that in my last progress I not only found them troublesom, but dangerous to pass." Is astonished that Sir Richard complained against the late Secretary, and Surveyor, for granting the King's lands, when it was himself; that the Secretary advised him against it has been proved ; that the Surveyor Edward Moseley and Sir Richard were perfect friends, is as well known, as Sr. Richard and his son haveing a large part of those lands allotted them. Being informed that Moseley and his relations at Cape Fear (some of them his Deputies when Surveyor) used very unfair methods in their surveying and claiming lands they had no right to, by which means they imposed upon strangers, and induced many to pay them for lands, that they ought to have had the liberty of takeing up, and that they held great quantitys more then the patents mentioned, some of these were summoned before the Council in January. Moseley gave in an account the Governor knew to be false ; others delivered him in Council evasive papers. The matter is deferred to a Council in March. " The frauds and concealments of Moseley and his relations will constantly occasion them, to oppose the act required in his Instructions to oblige all people to register their deeds for the lands they hold in the Auditor's Office ; I judge such an act, and such a registry, to be for the advantage of all honest men in the country ; without it the receipt of the quit rents intricate, and uncertain." The erecting a Court of Exchequer has been deferred to the comeing of a Receiver, and Auditor. Gives his opinion, as commanded, that it is not only for H.M. service to have a constant Court of Exchequer, but absolutely necessary. The Chief Justice, the Secretary, Receiver and Auditor to compose the Court, but there must be a real, not nominal lawyer to preside. " Such a one I hope to see from England, there is not a man that professes the law here knows the proceedings of an Exchequer Court. Before the Receiver, and Auditor are present, I have thought the late Receiver's accounts could not be pass'd, and if H.M. declares the grants void made by Sir R. Everard after the purchase, he cannot have any money in his hands, for this reason allso, am of opinion his accounts should be deferred till the King's pleasure be known." Explains why he appointed two new Councillors, thinking there were no more than four in the country ; but Mr. Rice has returned, and Mr. Ashe had not gone to England, as reported. Gives an account of the former and present fees taken by the Governor and other officers. Some busy people complain, but not masters of ships. Trade is not lessened thereby, for more vessels have come this year than ever. Bills will be of great use to this country, if H.M. will allow them, but then there ought to be no rated commodities, both will cause confusion in trade. "Repealing the biennial act would cause the elections to be more orderly, and the persons chose to behave more decently in Assemblys then hitherto they have done, and if they serve at their own expence will be willing to do the business before them, and the best and most substantial men be chose. The settling Treasurers by the pretended Act in 1729 is taken from the method in New England, if this were suffered here, these men would have such an influence in elections, that scarce a man could be chose but by their approbation, in the Assemblys they must inevitably carry every matter in debate as they please. I hope the Lords of the Treasury will be pleased to appoint one Treasurer for the Province. In June last I was so extreamly busied in writeing letters, drawing up reports etc. and makeing up the Journals of the Council, and Assembly etc., that I generally was confined to my pen twenty hours in every day etc., and as there was not one person in confinement at that time, and haveing no assistance, I did not make out a commission for a Court of Oyer and Terminer etc. ; in Dec, the Court sate, but found no business to do etc. The dangerous sickness I was afflicted with last autumn etc. prevented me from finishing the drafts of the harbours and the account of the Militia etc. In the latter, I have made some alterations for the ease of the people " etc. Intends to send both accounts in April. Has had several conferences with the Tuscaroras. He received some complaints against them from the Governor of Virginia, and settled their business to the satisfaction of all parties ; they remain in perfect ease and quickness. On receipt of a letter in January from the Governor of S. Carolina to appoint boundary Commissioners, the Council advised him not to do so until he received an answer from England to his report. There are no fortifications in the country. Recommends the erection of a small fort on Ocacock I., where there is a secure harbour. No one thing would cause trade to flourish like settling a Custom House on this place etc. This would procure a trade from England, put an end to the pedling carried on by the Virginians and people of New England ; to this place ships loads of negroes might be brought and sold well. Port Beaufort, and the harbour at Cape Fear, may be made secure by being fortified, but the country cannot bear the cost at present. These are the only three places fit for shipping to sail into etc. Continues :—It has been a policy of the subtle people of North Carolina never to raise any mony but what is appropriated, so pretend, and insist, that no publick mony can, or ought to be payd, but by a claim given to, and allowed by the House of Burgesses ; insomuch that upon the greatest emergency there is no comeing at any mony to fitt out vessells against a pirate, to buy arms, purchase ammunition, or on any other urgent occasion. This I hope will be redressed. The whole amount of the publick levys, and powder mony paid by shiping, little exceeds €200 sterling a year. It being hoped and belived here H.M. will be pleased to lett lands be granted at 2s. pr. Hundred, a few warrants have been issued lately ; to prevent all injustice and confusion, in this affair, I have altered the method used heretofore in this Government; which was to leave sign'd warrants in the Secretary's hands, to fill up as any man came for them, and very often the Deputy Surveyors, kept numbers in their possession, by which they made considerable advantages, by their management some people were injured, and others benefitted ; to put an end to all unfair practices, the warrants arc now all filled up before my signing, and directed only to the Surveryor General, who afterwards gives directions to his deputy's, all the warrants made out are centerd in a book at the Secretary's Office, when I sign them they are entered in another I keep on purpose, and when they come to the Surveyor's hands he do's the same. I know not any method more fair and just then this . desire to be further instructed by the Lords of Trade if they see cause, there are not any returns made of the surveys, by the time they come into the Secretary's office, I hope to receive a form from the Lords of Trade (as formerly desired) to make out the patents by. There seems to be extraordinary care taken in the 42nd. Instruction that people should not hold much land, but cannot answer the end designed, a very little money will purchase a vast quantity of land in North Carolina, any one may buy old patented land at this time, the quit rents at sixpence per hundred acres, under term pounds sterling the thousand, the greatest price ever given in North Carolina for an improved plantation, buildings and all included, has not exceeded a thousand pound in bills, which sixty pounds worth of commoditys from England will sell for, the reason is, the small value the planters receive for their produce, a bushell of wheat is given for six penny worth of English goods etc. It cannot be expected that this Province should increase in people, if the quit-rents are higher here then in Virginia and other Governments that are more commodious upon many accounts and healthier. Great improvements may be made in North Carolina, Here is iron oar enough to serve all the world etc. Great quantitys of potash might annually be made, if the tru method was known. The soil in some places produces wild hemp, small parcels are cultivated, some I have seen has excelled in strength and colour any grown, or brought into England. Flax and cotton are very good and easily produced. Mulberry trees grow naturally etc. ; this country is certainly as proper to produce silk as any in the world etc. ; the reason so little has been made, is that the very time required to look after the silk worms, is the season of planting and cultivateing rice, tobacco, Indian corn, and pulse. The soil and climate is particularly adapted for produceing seeds to make oyl, I put several sorts into the ground when last in the country, the increase was beyond expectation. When this Province is better peopled, and more land cleared, these improvements and many others will increase the trade of Great Britain etc. The inhabitants are not industrious, but subtle and crafty to admiration, allways behaved insolently to their Governouns etc., who lived in fear of the people and dreaded their Assemblys. The people are neither to be cajoled nor outwitted etc. They never gave a Governour any present, except Sir R. Everard, with him they agreed for £500 in bills to pass the pretended laws in 1729 etc. About 20 men are settled at Cape Fear from South Carolina, among them three brothers of a noted family whose name is Moore, they are all of the sett known there, by the name of the Goose Creek Faction. These people were allways very troublesome in that Government, and will without doubt be so in this. Already 1 have been told they will expend a great summ to get me turned out. Messengers are continually going and comeing from Moseley and his crew to and from them. Notwithstanding these menaces, and the constant discourse that has pass'd here, allmost from my first entrance upon the Government, that I should be superceeded by the contrivances of a gentleman in England, I have not been terrifyed, but acted with such resolution and firmness, that the Province was soon put in a quiet condition, and has so continued without any imprisonments or prosecutions etc. Impatiently expects the Board's commands. When the hopes of his being cashiered are extinguished, the factious people will alter their carriage. It is an insupportable grievance to them, that they cannot make him swerve from his duty etc. Set out, N.C. Col. Rec. III, 331. Signed, Ceo. Burrington. Endorsed, Recd. 17th Aug., 1732, Read 1st Aug., 1734. 9pp., (and abstract, 4¾ pp.) [C.O. 5, 294. ff. 84–86, 87–91, 92v. ; and (abstract only) 5, 327. ff. 16–19v.]
Feb. 20.
N. Carolina.
95. Governor Burrington to the Duke of Newcastle. Duplicate of preceding, mutatis mutandis, concluding with assertion that his proceedings have been strictly just, and the hope that in another year his conduct will appear so much to his advantage " that your Grace will think me deserveing a better Government, or an augmentation of salary in this." Signed, Geo. Burrington. Endorsed, R. Augt. 23rd. 9 pp. Enclosed,
95. i. Mr. Little to Governor Burrington. 28th July, 1731. Estimates the profits of the Attorney General's place at £100, proclamation money, now that, under H.E.'s administration, the law has its free course etc. The Chief Justice's perhaps 5 or £600 besides the salary of £60. " The Clerk of the Generall Court is under his appointment, whose fees are very valuable, and according as that point is managed it makes the value of the other more or less." If the circuits come to be settled, the value of the place will be considerably greater " etc. Signed, William Little. 2¾ pp.
95. ii. Mr. Badham to Governor Burrington. 2nd Aug., 1731. Estimates profits of Chief Justice's place at £600 besides salary, when he was Clerk of the General Assembly, until " wonderfully hurt and diminished " by the differences and divisions in the Province etc. Signed, W. Badham. Addressed. 2 pp.
95. iii. Mr. Lovick to Governor Burrington. Edenton. 3rd Aug., 1731. Estimates the value of the Secretary's office, on an average of seven years at £582 10s ; but it is not so high as it was, owing to the high quit-rent etc., " for it was a great inducement to the settlement of this little Colony that lands was to be taken up at a quarter the value that it was in our neighbouring province of Virginia and the quit rent being the same as in Virginia all newcomers into that province chose to come in here, but now that the taking up of land is made more difficult than it is in Virginia and the rent is double to what it is there, it will rather drive people from hence thither etc., and I believe your Excelly. is very senceable that this is the true ground for the stop that is put to all business, not one survey or patent having been made or issued since your Excellcy.'s arrival, and I am affraid few will be made unless the quit rent is altered, for people will allways settle where they can live with most ease, and are least burthened. Signed, J. Lovick. Addressed. 2¾ pp.
95. iv. Mr. Forster to Governor Burrington. Edenton, Aug. 8th., 1731. On looking over the fees of the Secretary's Office, wherein he has acted for eight or nine years past, he finds that, for the last three or four years from the great distractions in the Government occasioned by the weakness of Sir Richard Everard its value has not exceeded £400 per ann., but before that was not less than £600. Is confident that, if the quit-rent of lands were no more than 2s. per hundred, as in Virginia, it would be worth considerably more than ever, from the vast number of surveys made at Cape Fear wch. is not yet patented, and the great quantities that would be every day taken up there and elsewhere. Till the quit-rent is lessened not one patent will be taken out, everybody choosing rather to loose their land than pay so high a quit-rent etc. For want of patents issuing, the Secretary's office is now worth £100 per ann., clerkships excepted. Signed, Robt. Forster.
95. v. Minutes of Council of North Carolina, 26th July, 1731– 22nd Jan., 1732. Copy attested by Robert Forster. Signed and sealed, Geo. Burrington. Endorsed, R. 23rd Aug., 1732. 39 pp. [C.O. 5, 308. Nos 13i-v.]
Feb. 21.
96. Minutes of Privy Council. Extracts of the several letters and representations from the Governor and Council of Jamaica relating to the sending the two Regiments to Jamaica etc., and letters from Col. Cornwallis to the Secretary at War were read. Their Lops, were all of opinion, that there does not appear to them any reason for altering the orders already given for recalling the regiments (v. 5th Feb.), and that no new directions can be sent about filling up the Independent Companies, 'till an account is received of what is done in consquence of the late orders for that purpose. The letter to the Lords of the Admiralty inclosing the new cedula, was read and approved, 1 p. [CO. 5, 36. f. 28 ; and (original draft) 30, 30v.]
Feb. 21. 97. List of papers laid before the House of Commons pursuant to their address of 14th Feb. [C.O. 29, 15. pp. 260–263.]
Feb. 22.
Custom House
98. Mr. Carkesse to Mr. Popple. Encloses following. The account of Barbados and the Leeward Islands was prepared from the accounts of the 4½ p.c. There being no such duty in Jamaica, the same was prepared from the accounts transmitted by the Collector, which only mentions the number of casks, so that the quantities cannot be ascertained etc. Signed, Cha. Carkesse. Endorsed, Recd. Read 22nd Feb., 1731/2. 1 p. Enclosed,
98. i. Account of Sugar, Rum and Molasses exported from Jamaica to H.M. Northern Colonies in America, Ladyday 1720–1730.
hhds. teirces. barrels. casks. pounds.
1726–7 212 188 64
1727–8 200 45 75 57
1728–9 259 29 221 75 6000
1729–30 214 27 101 59
hhds. teirces. barrls. casks. galls.
1726–7 88 5 119 41 174 5000
1727–8 28 4 5 8 13 5000
1728–9 22 71 48 13 262 500
1729–30 99 4 275
casks. hhds. teirces. galls.
1726–7 253 116 1401 5000
1727–8 338 258 415 15,000
1728–9 1,218 898 699 18,000
1729–30 1,645 2011 1190 400
Signed, Jno. Manley. ¾ p.
98. ii. Account of sugar, rum and molasses exported from
Barbadoes, Antego, Nevis. St. Christophers and Montserrat to the Northern Colonies in America, Ladyday
Barbados Antego Novis. St.
1726–7 645,074 182.070 19,850 170,627 19,200
1727–8 (650,973 180,673 79,350 222,409 52,850
1728–9 896,935 487,853 131,300 333,144 28,550
1729–30 549,147 204,431 81, 029 61,890 19,000
Rum (galls.).
1726–7 686,214 63,625 1,400 3,519
1726–7 607,150 227,953 6,353 14,228
1728–9 838,643 384.230 100 5,700 8,817
1729–30 589,070 268.058 4,144 12,280
Molasses (galls.).
1726–7 45,055 11,199 5,445 112,186 6,320
1727–8 43,185 28,266 13,910 136,993 17,100
1728–9 57,635 54,187 22,671 140,480 15,665
1729–30 71,440 17,374 30,952 95,034 20,040
Signed, R. Parsons, Comp. Gen. 1 p. [C.O. 323, 9. ff. 100, 101, 102, 105v.]
Feb. 22
99. Mr. Byfield to Mr. Popple. Refers to enclosed. Is confident of redress by the Board and the Admiralty. Continues: His Majesty's great clemency to the people of the Province of the Massaehusets Bay hath taken a very extraordinary turn ; who now seem encouraged even to wrest the Admiralty Court entirely out of the King's hands, as Mill plainly appear by the insults made here on his officers by prosecutions brought against them as criminals and extortioners. I have took the liberty to recommend Wm. Shirley Esqr. to the Lords of Admiralty in order to supercede Mr. Auchmuty, the present Advocate General, who instead of supporting the honour and dignity of the Court has in many instances endeavoured to lessen its jurisdiction and power etc. His son-in-law Col. Tailer is out of town, but hopes he will write on this affair to Mr. Popple, who knows him, by the next ship, etc. Signed, Nathal. Byfield. Endorsed, Recd. 21st, Read 26th April, 1732. 2½ pp. Enclosed,
99. i. Representation of Nathaniel Byfield, Judge of the Court of Admiralty in New England etc., to the Council of Trade and Plantations. Abstract. Cites Charter of the Massachusetts Bay, whereby the Admiral jurisdiction is reserved to the Crown, and his Commission, which empowers him to take all fees and perquisites etc. according to the custom of the Court of Admiralty in England. Though the Judge of the Admiralty's fees were so settled by the Commission, Mr. Byfield did in 1702, upon advising with Govr. Dudley, settle his fees at a much lower rate than thus allowed, or those taken in any other of H.M. Colonies in America etc. In Oct. 1714. being in G. Britain and having no salary, and there being no fund for such salary, he resigned his commission and John Menzies was appointed in his stead. Refers to Act, now before H.M., continuing Act to prevent the oppression of debtors, making bills of credit lawful tender etc. Notwithstanding the Admiralty jurisdiction is reserved to the Crown by the Charter, and the Judges' fees settled by the King's Commission, an act was passed, 2nd Geo. I., in addition to an act for regulating fees, whereby among other Admiralty fees the Judge of the Admiralty's fee is settled at £1 for every definitive decree, with a penalty for taking more. At its passing, silver was at 8s. an oz. It is since risen to 19 s., contrary to the Province law of 9 K. Wm. and the Act of Parliament 6th Anne, whereupon the act relating to debtors has been construed to extend to fees as well as to debts therein particularly specified, by which construction the said fees are reduced to ⅓ rd. In 1728, upon the death of Judge Menzies, Mr. Byfield again accepted the commission of Judge of the Admiralty. To preserve the being of the Court of Admiralty, which must sink for want of complete fees for its officers, if paid in paper currency, now at 250 p.c. discount, he taxed the costs of Court to be paid in silver at 8s. pr. oz., or double in Province bills, moderating them thus far for the satisfaction of the people. An action was brought against him at the last Inferior Court of Common Pleas at Boston by Samuel Swazey, supported by Nathaniel Cunningham and others for extorsively taking more than his fee stated by the act. He and the Register of the Court of Admiralty have been threatened with indictments for extortion in the same case. Petitions have been presented to H.E. in Council for appointing special Judges to try the said action etc. Refers to proceedings of Council thereupon. There being no special judges yet appointed who will execute the commission, the Inferior Court of Common Pleas have adjourned to 7th Feb. to try the action, by which time other proper Judges may be appointed. The fees and perquisites from his office, at the present taxation, have not for three years exceeded £30 sterl. per ann., which will be reduced to £15 according to the forced construction of the law. The dignity of the Court cannot be supported by the present appointments, and the justice of the Court will be exposed to danger. He is ready to continue, whilst he can do so with honour, or to resign etc. Signed, N. Nathal. Byfield. 1 ½ pp., with abstract, 4 pp.
99. ii. Copy of plea of Judge Byfield upon a suit against him (v. preceding). Endorsed, Recd. 21st, Read 26th April, 1732. Copy. 3 ¼ pp.
99. iii. Act for relief of debtors etc., 1731. Endorsed as preceding. Printed half sheet.
99. iv. Lex et Libertas. A letter published at Boston, Jan. 31, 1732. On the hardship suffered by civil officers through the fall in the currency, and arguing against the view that they are obliged (by the Act No. iii) to take bills of credit for their fees without making allowance of any difference between silver and bills. Anonymous (? by Mr. [ILL]). Endorsed as preceding. Printed. 3 pp.
99. v. State of the case (concerning the schooner William & Susanna) upon which Mr. Byfield is sued on account of his fees. Same endorsement. Copy. 2½ pp.
99. vi. Certificate by Governor Belcher, 22nd Feb., 1732, as to the reliability of the following attestations by Josiah Willard, Secretary of the Province, and John Ballantine, Clerk of the Court of Common Pleas, and Benjamin Rolf, Clerk of the Court of Assize. Signed, J. Belcher. ¾ p.
99. vii. Petition of Nathaniel Byfield to Governor and Council of the Massachusetts Bay, Jan. 13, 1732. Petition for four special judges to be constituted for trying above action (No. v.). Signed, Nathl. Byfield. Copy. 1¼ pp.
99. viii. Governor Belcher's commission appointing Thomas Hutchinson, Thomas Fitch, Anthony Stoddard and Thomas Steel, Justices of the Inferior Court of Common Pleas of Suffolk County, to judge the above case (No. v.) 13th Jan., 1732. Signed, J. Belcher. With the advice and consent of the Council. Copy. 1¼ pp.
99. ix. (a) Petition of Nathaniel Cunningham of Boston, Attorney of Samuel Swazey of Salem, to the Governor and Council. Jan. 20, 1732. The special Judges (vii., viii.,) decline .sitting. Prays that four other Justices may be appointed, or tliree of the standing Justices, to avoid delay. Signed, Nathl. Cunningham. (b) Minute of Council. Upon reading above, Governor Belcher appointed Anthony Stoddard and Richard Bill, to which the Council did advise and consent. H.E. likewise named Leonard Vassal, to which the Council did not advise and consent. H.E. then named several others for the same office, but they were all excepted against by the Council. Copy. l½ pp.
99. x. Writ summoning Nathaniel Byfield to appear before the Court of Common Pleas in Boston to answer charge by Samuel Swazey of taking 40s. for his definitive decree in the case of the William and Susanna, his stated fee by the law being 21s. etc. 21st Dec, 1731. Signed, John Ballantine, Clerk. Served by, John Darrell, Dept. Sher. Copy. 1½ pp.
99. xi. Presentments by Grand Jury, Boston, 2nd Feb., 1732, that Nathaniel Byfield, Judge, John Boydell, Registrar, Charles Paxton, Marshall, Robert Auchmuty, Advocate of the Court of Vice-Admiralty did twice unjustly and extorsively take fees in excess of those allowed by the act. Signed, Nicho. Buttolph, Foreman. Copies, certified by, Benja. Rolfe, Cler. 8 pp.
99. xii. Writ summoning N. Byfield to appear before the Court of Assize at Boston to answer above presentments, etc. 18th Feb., 1732. Signed, Benja. Rolfe, Cler. Served by, William Nichols, Depty. Sheriff. Copy. l¼ pp. Nos. vii-xii endorsed as covering letter. [C.O. 5, 874. ff. (60–70v, 71v-76, 78–80v., 82, 82v, 84–87v, 89, 91 v.]
Feb. 22. 100. Order of House of Commons. That the Commrs. of Trade and Plantations do lay before this House the Journal of the House of Representatives for H.M. Province of the Massachusets Bay beginning 15th Dec, 1730. Signed, N. Hardinge, Cl. Dom. Com. Endorsed, Recd., Read 23rd Feb., 1731/2. ½ p. [C.O. 5. 874. ff. 38, 39v.]
Feb. 23.
101. Governor Belcher to the Duke of Newcastle. Refers to letter of Dec. last. The Assembly after sitting nine weeks wou'd come into no measures for supplying the Treasury, agreeable to H.M. Instruction to me, altho' I prest it upon them in the strongest manner etc. Prorogued Assembly 2nd Feb. Refers to Journals and Acts transmitted. Hopes to receive by the first ship from London H.M. more particular directions respecting the supply of the Treasury, " which I have so often desir'd, and without which this Government will be lost, and H.M. subjects be left naked and defenceless." Continues : I am in the next place, My Lord Duke, to lay before you the many applications and comjjlaints I have had the year past from great numbers of people that claim the lands in and about Pemaquid, where Coll. Dunbar has repair'd an old fort, formerly built by this Province, and has been continually disvesting those who insist on having a good and just right and title to those lands, and which they find included in the Charter of this Province, and in H.M. Commission to me, and they have therefore pleaded the protection of the King's Governour etc. Finding H.M. order of 30th Nov. 1730 and the opinion of H.M. Attorney and Solicitor General so strongly in favour of this province, and all private proprietors, they applied to the whole Legislature etc., and the Council and Representatives have addressed the King that this province may enjoy what the Crown has vested it with by the Charter etc. " Mr. Dunbar's violent proceedings with the people, in threatning to tye them to trees and whip them, to shoot 'em and burn their houses etc. has made several of 'em tell me they thought they liv'd in an English Government, and were not to be dragoon'd like French slaves etc. That gentleman's insulting behaviour will never be any service to the Crown in that part of the world etc. The people will not recede from any part of their right, but by being treated as Englishmen, I mean by a due course of law etc. Hopes H.M. will order that gentleman from off those lands, or fears there will be many mischiefs as the year advances etc. Some of the claimers have told him they will part with their lives as soon as their lands, which their ancestors purchased with their money and their blood etc. Set out, Mass. Hist. Soc. Coll. 6th ser. VI., 100. Signed, J. Belcher. Endorsed, R April 14. 4 pp. [C.O. 5, 898. ff. 438–439v.]
Feb. 23.
102. Governor Belcher to the Council of Trade and Plantations. Duplicate of preceding, mutatis mutavdis. Signed, J. Belcher. Endorsed, Recd. 14th, Read 26th April, 1732. 4 pp. [C.O. 5, S74. ff. 92–93v,, 94v.]
Feb. 24.
St. James's.
103. Order of King in Council. Approving Commissions for Col. Cosby to be Governor of New York and New Jersey. Signed, W. Sharpe. Endorsed, Recd. 15th Aug., Read 7th Sept., 1732. 1 p. [C.O. 5, 1056. ff. 9, 10v'.]
Feb. 24.
St. James's.
104. Order of King in Council. Appointing Benning Wentworth to the Council of New Hampshire, to supply one of the four vacancies etc. Signed, W. Sharpe. Endorsed, Recd. 15th Aug., Read 7th Sept., 1732. 1⅓ pp. [C.O. 5. 874. ff. 140. 140v.. 147v. and 5. 21. ff. 13, 13v.]
Feb. 24.
St. James's.
105. Order of King in Council. Appointing Joshua Peirce to the Council of New Hampshire etc. Signed and endorsed, as preceding. 1⅓ pp. [C.O. 5, 874. ff. 141, 141v., 146v. and 5, 21. ff. 19, 19v]
Feb. 24.
St. .James's.
106. Order of King in Council. Appointing Benjamin Gamblin to the Council of New Hampshire etc. Signed and endorsed, as preceding. 1 ⅓ pp. [C.O. 5, 874. ff. 142, 142v,145v.]
Feb. 24.
St. James's.
107. Order of King in Council. Appointing Richard Waldron to the Council of New Hampshire etc. Signed and endorsed as preceding. 1⅓ pp. [C.O. 5, 874. ff. 143, 143v., 144v.]
Feb. 24.
St. James's.
108. Order of King in Council. Approving representation of Council of Trade and Plantations, and ordering that Lt. Gov. Dunbarr or the Lt. Governor of N. Hampshire for the time being be added to the list of Councillors and take place as first Councillor in that Province etc. Signed and endorsed as preceding. 1½ pp. [C.O. 5, 874. ff. 148, 148v., 153v.]
Feb. 24.
109. Mr. Popple to Mr. Scrope. Reply to 30th Dec, 1731, q.v. Major Gooch has some lime since transmitted to my Lords Commissrs. a copy of Col. Spotswood's charges upon his journey, amounting to £1602 l6s 3d. But as he has sent no vouchers to prove the several articles therein mentioned, they cannot judge thereof, but are of opinion, that a letter should be wrote to Major Gooch, directing him and the Council of that Colony to examine into the said account, and if they find the same just and true, my Lords Commissrs. have no objection to the payment thereof upon the directions of the Lords of the Treasury for that purpose. [C.O. 5, 1366. p. 84.]
Feb. 24.
St. .James's.
110. Order of King in Council. Approving report of Committee of Council for Plantation Affairs upon three representations from the Council of Trade, and appointing John Ashley, Othniel Haggat and Hugh Hall to the Council of Barbados etc. Signed. W. Sharpe. Endorsed, Recd. 15th Aug., Read 7th Sept., 1732. 1 2/3 pp [CO. 28, 23. ff. 28, 28v., 31v.]
Feb. 24.
St. James's.
111. Order of King in Council. Appointing George Phenney, Surveyor General of the Customs in the Southern district of America, to be added to the number of the Councils of Virginia and S. Carolina, in the room of Mr. Fitzwilliam late Surveyor General etc. Signed, W Sharpe. 1½ pp[C.O. 5, 21. ff. 17, 17v. and 5, 1233. ff.11, 11v. 14v.]
Feb. 24
St. Jamaica's
112. Order of King in Council. Appointing John Taylor to the Council of Virginia in the room of David Bray, decd. Signed, W. Sharpe. Endorsed, Recd. 15th Aug., Read 7th Sept., 1732. 1 2/3 pp [CO 5, l323 ff 10, 10v 15v]
[Feb. 25] 113. Charter of the Bahama Islands, Nov. 1st, 1670. Printed. Endorsed, Read Feb. 25, 1731/2.16pp. [C.O. 23, 3. ff. 27–34v, 35v.]
[Feb. 25.] 114. Lease of the Bahama Islands from the Lords Proprietors to Woodes Rogers for 21 years. 28th Oct., 1717. Endorsed, Recd, from Sir Chas. Wager by the hands of Mr. Clayton, Read Feb. 25, 1731/2 Copy. 21 pp. [C.O. 23, 3. ff. 36–46v]
Feb. 26
St. James's.
115. H.M. Warrant appointing John Ashley to the Council of Barbados, in the room of Thomas Maycock deed. Countersigned, Holles Newcastle. Copy. [C.O. 324. 36. p. 313.]
Feb. 28. 116. Memorandum of H.M. warrant appointing Othniel Haggot to the Council of Barbados, in the room of Timothy Salter. [C.O. 324, 36. p. 314.]
Feb. 29. 117. Memorandum of H.M. warrant appointing Hugh Hall to the Council of Barbados in the room of Thomas Davers, resigned. [C.O. 324, 36. p. 314.]
Feb. 29
St. .James's.
118. H.M. Warrant appointing John Taylor to the Council of Virginia, in the room of David Bray decd. Countersigned. Holles Newcastle. Copy. [C.O. 324, 36.' p. 314.]