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Dec. 17.
New York.
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442. Governor Cosby to the Duke of Newcastle. Two days
ago when I had sealed upp my other letters to your Grace, I
recived one from Mr. Vandam incloseing articles of complaint
against me. I have long since borne with patience the insults of
that man both in writeing and in print wherein the Councle and
the judges were likewise reflected on in a very extroardinary
manner, but as those papers had an eye chiefly to the proceedings
against him for half of ye salarry and perquisets recived by him as
president etc., I was resolved to bear them in silence, expecting
my justification in ye event of ye suit, but Vandam whose hopes
could be built on nothing but popular clamour, finding all those
appeals to ye people ineffecutal to provoke me to enter into a
paper warr to justifye ye proceedings of the Court, my owne
conduct, and H.M. authority, which ought not to be prostituted
to ye censure of ye mob, resolved at last to complain of me to
H.M., and as there is nothing so dear to me as my honour, nor
anything I covet so much as H.M. gracious and favourable
opinion of me, I thought it high time to justifye my actions, to
the best of Kings etc. He accordingly gave the articles to the
Council for their answer etc. v. following. Continues :They have
consider'd Van dam alone as the author of ye paper, it being
signed by him tho' they know that he is incapable of every part
of it except that of his inclinations to libel me, yett they wanted
noe information to convince them that it was contrived and
drawn by Morris, the late Chief justice, and Mr. Alexander, one of
the Councel hinted at as ye person in ye articles that was not
summoned to Councel tho liveing in town ; I own ye factt and
think myself excusable since I had allways a full Councle without
him, for not calling him who (as a Councler must have been a
judge in ye cause upon an appeal) had readily as a lawyer undertaken
ye defence of that suit without asking leave of ye Councile
and ever since has been supposed to have had a principel hand
in these printed libels ; your Grace will at first sight perceive
that passion is ye prevailing if not ye only motive to these complaints,
nor have they given their passions any bounds but
suffer'd thier reason to be carryed aside with it or they would
never have mentioned ye affair of ye Indian deed ; nor have
they [sic] taken pains to represent as a crime an act of publick
justice to a nation, etc. (v. 15th Dec.). The Council's letter is
not in the least owing to my influence etc. The Courts of Equity
in this Province want the utmost countenance and all the authority
the King can give them, especially at a time when H.M. just
powers to appoint them be openly denied, and in scandelous
libels insolently branded with the names of despotick, abretary
and illegal. P.S. I beg your Grace to be so good to me as to
give my humb. service to ye duches and Miss Spence etc. After
I had closed my letter etc. being all who are now in town except
Vandam and Alexander unanimously and erenestly desier me to
second thier address to your Grace for ye removal of Vandam
from the Council Board not careing to sitt with him. I could not
deny thier request and in truth I think they have all the reson in
ye wourld to desiere it from ye groos reflections he has cast upon
them etc. Hopes his Grace will move H.M. for his dismission
and appoint Paul Richards in his stead, a very substantial
merchant of excellent character, a very good gentleman born
here etc. Signed, W. Cosby. Endorsed, R. 7th Febry. Holograph.
4 large pp. [C.O. 5, 1093. ff. 301, 302, 303, 304, 304 v. ;
and (duplicate) 5, 1086. ff. 79, 80.]
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Dec. 17.
New York.
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443. Council of New York to the Duke of Newcastle. Abstract.
H.E. communicated to us a letter and Heads of Complaint submitted
to him by Mr. Rip Van Dam for our free and impartial
opinion, and then withdrew. They have for some time been
sensible that the most base and unworthy means have been used to
traduce the Governor, Council, officers and all holding commissions
here. But as they took such proceedings to be the effect of malice
and disaffection in those who were deservedly discharged from
employment, so they were willing to believe that an impotent
faction supported by falsehood etc., would of itself disperse etc.
In this they were encouraged by H.E.'s example, who as he had
given just cause of offence to no man, demonstrated by his conduct
that he was very slow to take any etc. Mr. Rip Van Dam is only
the instrument of those who have placed him at their head.
Reply to the Articles of Complaint (Dec. 15th, encl. i), though
Mr. Van Dam has very unfairly shortened the time, this ship being
to sail in a few hours. (i) The Governor has at all times when
necessary communicated his Instructions to us, and never refused
to do so. (ii) This Instruction is universally known and understood.
(iii and iv) Governors have always done so, and the
Council never interposed within our knowledge, but if he had
promoted persons obnoxious or of ill fame, we should have thought
it our duty to represent it to him. (v, vi) Governours have ever
presided in Council, as the Minutes make apparent. Mr. Van
Dam did the same. We always look upon ourselves as a Committee
when H.E. is absent. Our debates are always free, and
H.E. has made no innovation upon our rights etc. (vii) A
falsehood so gross and so notorious that it can be no otherwise
answered than by a positive contradiction to every part thereof.
(viii, ix) The Council has been as full during H.E.'s administration
as in times past. Several members live very remote. We and
others when in town were always summoned, and had full time
to deliberate upon all matters before us. We hope our resolutions
are justified by their unanimity. H.E. never attempted to
influence our votes by his command or authority. (x) All
Governors have done the same, as well as in the several points
preceding. (xi) We never heard the least rumour of any such
violence. If any member of Assembly had ever received such
treatment, the House would have complained etc. (xii, xiii)
We remember only one instance of a bill presented to the Council
which occasioned a debate, in which Mr. Van Dam with a great
majority declared that he was against the new method, that the
old forms ought to be observed, no inconvenience having ever
arrisen from it. (xiv) We know not any such person. The only
persons who have taken seats since H.E.'s arrival are Henry
Lane and Daniel Hopkinson, of good position and high esteem etc.
(xv) We endeavour to be as useful to H.M. and his people as we
possibly can be. We wear no fetters upon our thoughts, words or
actions, but enjoy all the libertys of Englishmen and the just
priviledges of our stations. We have our share in making those
acts by which all publick moneys are levyed. None of it is
squandered, but all apply'd to the uses for which it is given.
(xvi) The calumny in this and other articles as falsely as
malitiously repeated is spoken to before ; but as to the other part
of it, when this ordinance was made, it was first considered by all
the gentlemen eminent in the law, and then reconsidered by all
the Judges of the Supreme Court. Mr. Morris, late C.J., even
before the making this ordinance, received several bills in the
Court of Exchequer filed by the Attorney General by the direction
of Archibald Kennedy, H.M. Receiver General. (xvii) Sittings
out of term were appointed for the better dispatch of buisyness
and the generall ease and benefitt of the subject and are universally
esteemed as such, for we have but four terms in the year of no more
than seven days continuance. These terms as well as the sittings
have always been appointed by ordinance of Governour and
Councill. It is too well known how much H.M. interest has
suffered for want of proper methods to recover his quitt rents etc.,
and to the obtaining them H.E. and Councill had speciall regard
in this appointment which as it was also intended to give relief
on the Equity side, is a very evident proof that H.E. who is our
Chancellor has no arbitrary design therein, or etc. he would
certainly have kept that supreme power of determining in equity
as intirely in his own hands as all his predecessors had done.
But we believe and some of us know that H.E. having considered
that he should necessarily pass many months in New Jersey, and
a considerable time in his voyage to Albany, and that many suits
of very old standing were still depending in the Court of Chancery
for quitt rents which were a grievous burthen and expense to the
people, he was inclined to ease them thereof by these more
frequent sittings etc. Whatever Mr. Van Dam's own sufferings
may be, they are the consequence of his own obstinacy, he having
refused to answer a bill filed against him in this Court etc. He
can appeal etc. (xviii) This article is of a very high nature. 'Tis
a very heavy accusation against the Governor and Councill,
against all the Judges, and against every person with whom
H.M. has lodged the dispensation of law in this Province, 'tis an
imputation of the grossest folly, ignorance and corruption to all
these orders etc. No attempt has been made to overthrow the
Common Law or tryall by jurys, nor is there a province in H.M.
Dominions where the subject is in fuller enjoyment of all that
happiness which we derive from the English Constitution etc.
These accusation containe the highest violation of honour, justice
and truth that ever was made by any of its inhabitants, for no
other man would dare to assert that we had not the same course
of appeal we ever had or that any one of our Judges has made one
wrong step since that change which has given Mr. Van Dam and
those turbulent spirits which actuate him so great and unreasonable
displeasure. (xix) We never heard of any message first sent
by H.E. to the late Chief Justice. We are told that after long
neglect on Mr. Morris's side of that duty and respect which he
ow'd to H.E., he did send Joseph Warrell Esq., a gentleman of the
Law and of very fair character, to the Governour under pretence
of making an apology for his omissions etc. We believe that no
other message ever past between H.E. and Mr. Morris. (xx) Mr.
Morris held his office at pleasure, and we do not think there is any
man who wishes he had held it by a stronger tenure. (xxi) Mr.
James De Lancey having withdrawn, the Council describe his high
qualifications, whose promotion as Chief Justice gave the most
general satisfaction, as does his continuance. He was second Judge
and Mr. Philipse, a very worthy gentleman of plentifull fortune
and good education, third, so that their advancement has been
regular and of common usage etc. (xxii) When Mr. Van Dam
was President, he received the whole salary and perquisites of
Government. The majority of the Council consented, because
he was thought to be a responsible man, and able to pay back
the half, if H.M. did not allow him the whole. H.M. having
declared, he should be entitled to no more than the half, the Board
ordered him to refund the moiety to the Province Treasury, and
upon his refusall the Attorney General was directed to file a bill
against him in H.M. name for said salary and perquisites. We
know of no just demands which Mr. Van Dam has upon H.E.,
if he had any, we verily believe that the Governour wo'd have
discharged them. (xxiii, xxiv) The Governours have allways
made such charges in the civil offices as to them seem'd meet, to
him the people complain when they labour under any grievances
or receive any hardships from the neighbouring Justices or
Sherriffs, and 'tis very reasonable that H.E. should know these
things and exercise this power. We have great reason to believe
that such persons as he has promoted are fitt for their employments.
If we knew anything to the contrary, we wo'd be the
first to represent it to him. In the appointment of the Mayor
and Sheriffs of the Citys and Countys of York and Albany, H.E.
did name them in Councill as usuall. (xxv) Refer to Minute of
Council. If the practice of surprising the Indians into purchases
or deeds of that kind be admitted, that one Corporation of
Albany wo'd have it in their power to starve, distres and drive
from us the whole nation of the Mohauks whose friendship and
neighbourhood this Province co'd very ill spare. (xxvi) We all
know Mr. Cooper personally, and that he supported himself very
handsomely before he had that office, and has behaved himself
very well in it. Here is an Act which obliges the Sherriff to
tender the oath of freehold to every voter for the choice of the
Representatives if required. Severall Quakers did vote at the
last election there, and Mr. Cooper as required by one of the
candidates did tender the oath to some of them etc. ; they were
not the most considerable men in the county. We are confident
that the Governor had no views to the election when he appointed
Mr. Cooper, there being no appearance of contest or opposition
at that time etc. Mr. Forster is well known to us ; he has been
for a long time Clerk of that County, he has taken the oaths to the
late and present Kings, is a man of very good character etc.
(xxviii-xxx) In this whole transaction H.E. took no one step but
by the unanimous advice of the Council etc. We are well assured
of the distress which those people were in, and have long been
fully informed of the scarcity in Canada etc. Since we entred
upon this affair, the Post from Boston is arrived and brings advice
that the French sloop has been seen off Martha's Vineyard etc. and
they have advice at Boston that unless the provisions put on
board here do arrive safe at Cape Breton, the people there must
perish. (xxxi-xxxiv) Upon considering these articles, we sent
for the officers of the two Independent Companys garrisoned here,
Capt. Richard Riggs, Andrew Nicholls, Capt. Lt., George
Ingoldsby and Timothy Bagley, Lieutenants, who offered to
depose on oath that their companies were now full and full
cloathed, and the cloathing as good as ever it was etc., and that
H.E., the last winter being exceedingly severe, had given over
and above the usual cloathing surtout coats to both companies
out of his own bounty etc. We have never heard of any complaints
from the other two companies at Albany etc. The affair
is to us astonishing beyond measure. We have been, while we
traced Mr. Van Dam through a labarynth of detestable falsehoods,
very often at a loss to believe that a man of his years could forge
so many and so notorious scandalls, but etc., the resentment,
malice and revenge of some of the wickedest of men are thrown
into his assistance. No government or administration can please
those restless minds. Nothing will satisfy them but that power
which they joyfully would exercise to the destruction or ruin of
their fellow subjects. We etc. are dayly more sensible of our
happiness under H.E.'s administration. We know that the
people are so too etc., though designing, nasty and ill men will
allways have some blind converts etc. As we have etc. pray'd
H.E. that we may be no longer obliged to sit with a man who has
been guilty of defaming the Administration and thereby endeavouring
to render H.M. Government odious to the people, we in most
humble manner beseech your Grace that the said Rip Van Dam
may no longer be continued in H.M. Councill etc., it being evident
to us that he has prostituted his name to the seditious designs of a
few disaffected and discontented persons etc. The preservation
of the publick peace, the wellfare of this province, and that due
sense which the people here ought to have of the blessings they
enjoy by the settlement of the Crown in H.M. most illustrious
house do at this juncture very much depend upon your Grace's
reception of this our prayer etc. Signed, Geo. Clarke, Fra.
Harison, Archd. Kennedy, James De Lancey, Phillip Cortland,
Henry Lane. Endorsed, R. 7th Feb. Set out N.Y. Col. Docs.
V. 979. 11 pp. Enclosed,
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443. i. Mr. Rip Van Dam to Governor Cosby. N. York,
15th Dec, 1733. Abstract. Having ineffectally
endeavoured to obtain common justice of H.E., is under
the necessity of laying his case at the feet of H.M. most
gracious Majesty, the fountain of Justice and the Father
of his people etc. Hopes H.M. will not only direct that
the free course of the law may be open to him, but take
such notice of H.E.'s conduct that no person in his high
station shall hereafter think himself exempt from, or
above the laws. Although H.E. procured the determination
of the Council against him unheard, and his
plea was in like manner overruled by the then two
junior Judges, who condemned him unheard, yet he
gives him fair notice of his complaint to H.M., which he
herewith communicates etc. If he disputes any matters
of fact therein charged, they can be put past controversie,
by his pointing them out, when the writer will be ready
to appoint any reasonable time and place (excepting the
Fort) to produce sufficient vouchers and witnesses to be
examined on oath in H.E.'s presence, provided they be
secured from suffering any way for appearing to be
evidences etc. Signed, Rip Van Dam. Copy. 2 pp.
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443. ii. Copy of Mr. Rip Van Dam's Articles of Complaint etc.
v. Dec. 15 encl. i.
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443. iii. Mr. Warrell to the Council of New York. New York,
Dec. 16, 1733. Abstract. In reply to their enquiry,
knows of no messages sent by the Governor to Coll.
Morris, but well remembers carrying an answer from the
Governor to a message which on 18th March, Mr. Morris
pressed him to deliver, although he endeavoured to
avoid doing so. Circumstances described. Continues :
Mr. Morris desired me to tell the Governor he acknowledged
he had given Mr. Kennedy a caution how he
voted in Councill for the passing an ordinance which
(he was informed) was soon to come before 'em, for it
was his opinion it was against law ; and that his calling
witnesses to take notice he had given him such caution
was intended only as banter, relateing to something
that had happned between him and Mr. Kennedy before
Mr. Montgomerie's time : that the business of the term
(which began the Tuesday before) had taken up so much
of his time that he had not had leisure to wait on the
Governr., but if he pleas'd he wou'd in a short time, and
then talk the matter over with him etc. He said something
of an expedient he knew off, which he wou'd
mention to H.E. as to an old act then subsisting etc.
Continues : I deliver'd this message in six mints. after
I recd. it to the Govr. who desir'd me to tell the Cheif
Justice in answer, That he need not give himself any
trouble about the affair, that he wou'd neither receive a
visit or any message from him ; that he cou'd neither
rely upon his integrity nor depend upon his judgement
or opinion ; that he thought him a person not at all fitt
to be trusted with any concerns relateing to the King :
that ever since his comeing to the Governmt. he had
treated him both as to his own person and as the King's
representative, with slight, rudeness and impertinence,
nor did he desire to see or hear any further of or from
him. This answer I delivered before his son, Mr. Lewis
Morris, and immediately brought back the Govr. the
following reply. That it was never his intention to shew
the least slight to the Govr. etc., and that he was heartily
sorry that he shou'd conceive such an opinion of him
etc. Apprehending that the Ch. Justice might make it
publick (which he afterwards did makeing use of my
name without my knowledge, and as an origl. message
from the Governor, H.E.'s answer I mean) etc., I had the
good luck to desire we might exchange copys of the
answer and reply, which we did etc. Signed, J. Warrell.
Addressed. Holograph. 2 pp.
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443. iv. Deposition of William Forster, of Westchester. 30th
April, 1733. On 17th March, at Mr. John Chambers's,
New York, he heard Chief Justice Morris tell Mr.
Archibald Kennedy that there was an ordinance before
the Council for establishing the Courts, and that the
Governor and Council had no right to establish Courts
by ordinance, but that they ought to be established by
the Legislature. He then called those present to
witness that he had thus given his opinion to this member
of Council, and that he would tell as many of them
as he could meet with etc. Signed, William Forster.
Copy. 1 pp.
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443. v. Deposition of Capt. Riggs and Lt. Nicol. 17th Dec.,
1733. Their companies are now and have been ever
since H.E.'s arrival full and complete. The names upon
the muster rolls are those of effective men, except the
names of officers' servants or where death or desertion
has happned between the musters etc. Signed, R. Riggs,
Andr. Nicol. p.
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443. vi. Minutes of Council of New York, relating to the
provisioning of the French sloop. 16th and 19th Nov.,
1733. Copy. 1 pp.
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443. vii. Minutes of Council, New York, relating to the
Mohocks' deed. Albany, 12th Sept., 1733. Copy.
2 pp. [C.O. 5, 1093. ff. 227-234, 235-239 v., 241,
242, 242 v., 244, 244 v. ; and (duplicate of covering letter,
signed also by Dan. Horsmanden, who had "come to
town since the original was sent") 5, 1086. ff. 61-63,
64-65, 66-68, 69, 69 v., 71-77 v.]
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Dec. 18.
Whitehall.
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444. Council of Trade and Plantations to the Lords Commissioners
of H.M. Treasury. Mr. Henry Popple having with
great care and diligence drawn a map of the British Empire in
America, which, from the assistance he has had from the best
charts and actual surveys, is rendered infinitely more complete
than any other now extant ; we are of opinion it might be for
H.M. service, that one of the said maps should be sent to each
of the Governments in America, and therefore we beg leave to
propose to your Lordships, that we may be empowered to make
so necessary an expence. [C.O. 324, 12. p. 6.]
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Dec. 19.
Whitehall.
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445. Council of Trade and Plantations to the Duke of
Newcastle. Enclose following, "which all relate to the ill state
of Jamaica with regard to the negroes in rebellion, weak condition
of the inhabitants and the apprehensions they are under of a
general insurrection of their slaves," etc., "that your Grace may be
pleased to receive H.M. pleasure thereupon." Autograph signatures.
1 p. Enclosed,
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445. i. Governor Hunter to the Council of Trade and Plantations.
Aug. 25, 1733. Copy. 1 p.
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445. ii. Copy of the confession of the negro Scyrus. Aug. 25,
enclo. i. 1 pp.
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445. iii. Governor Hunter to the Council of Trade and Plantations.
Sept. 8, 1733. Copy. 4 pp.
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445. iv.-vi. Copies of letters from Messrs. Swanton, Draper
and Ashworth enclosed in No. iii.
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445. vii. Governor and Council of Jamaica to the Council of
Trade and Plantations, 17th Aug., 1733. Copy of
Aug. 22, encl. i. 13 pp. [C.O. 137, 47. ff. 168, 170,
172, 174-176 v., 178, 178 v., 180-181, 182-188 ; and
(covering letter only) 138, 17. p. 392.]
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Dec. 20.
Nevis.
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446. Governor Mathew to the Council of Trade and Plantations.
Refers to letter of 5th Nov. announcing his arrival on
30th Oct. at Antigua. Continues :I was then so very ill, I
could not that day meet the Council etc., and the violent illness
I have labour'd under since, made me incapable of doing much
buisness. Repeats request for Councillors' licences of absence
from H.M. entered in their Lordships' office. Continues :The
legislature of Antigua have made a settlement on me in addition
to my sallary of a thousand pounds p. an. this currency. Tis
hardly more than half what was settled on Lord Londonderry,
but I left them wholly to themselves in it, and it was done in a
most free, handsome, generous manner, and I am contented, and
hope no grudgings will arrise on it hereafter, but I must hold it
from your Lordships' favourably reporting on it to H.M. etc., for
which I shall allways be under great obligations etc. Transmits
the Act and Minutes of Council of Antigua 31st Oct. to 29th Novr.
and of the Assembly 12th to 29th Novr. I have also enclos'd
herewith a list of six persons whom I presume to recommend to
your Lordships as fittest to fill up vacancys in the Council of
Antigua and Nevis. As soon as I get to St. Christophers and
Montserat, and have well informed myself, I shall send such lists
for those two islands. By the death of Charles Bridgwater Esq.,
there is a vacancy in the Council of Nevis. By H.M. Order in
Council I was directed to replace Charles Bridgewater junr. Esq.
at that Board, upon his resigning his deputation from Wavell
Smith Esqr. as Secretary etc. This I found he had done some
months ago, I therefore swore him, and admitted him the day of
my arrival here to his seat at that Board. It is reported here
from the French Islands that they have made a concession of
Sta. Cruz to the Danes. The negros in St. Johns rose upon their
masters and have murderd about forty Christians, but are now,
I am informed, pretty well reduced, not without much bloodshedd.
Signed, William Mathew. Endorsed, Recd. 16th Feb., Read 7th
March, 173 3/4. Holograph. 2 pp. Enclosed,
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446. i. Persons recommended by Mr. Mathew to fill up vacancies
in H.M. Council (1) of Antigua :Charles Dunbar,
Thomas Kerbye, Jacob Morgan, John Gunthorpe, Jonas
Langford, Richard Oliver, Esqrs. (ii) of Nevis :
Thomas Pym, William Clarke, Thomas Herbert, Edward
Abbot, John Woodley, John Williams junr., Esqrs.
(iii) of St. Christophers :John Williams Senr., Drewry
Ottley senr., Augustus Boyd, John Bourryau, Benjamin
Markham junr., William Woodley junr., Esqrs. (iv) of
Montserrat :Michael White, William Fenton senr.,
Peter Lee, John Roynon, Simeon Bouveron, Randal
Fenton, Esqrs. Endorsed as preceding. 1 p. [C.O. 152,
20. ff. 1-3, 3A, 3A v.]
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Dec. 20.
St. James's.
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447. Order of King in Council. Approving representation
of Council of Trade upon petition of Agatha Campbell, and
ordering that the Governor of Nova Scotia cause to be paid all
arrears of rent due to her etc. (v. 23rd Oct.) Concludes :"And
H.M. judging it for his service that the said quit rent should be
purchased and the petitioner's claim or right of seignieurie
extinguished, is hereby pleased to order that the Lords Commissioners
of the Treasury do consider of a reasonable sum to be
paid the petitioner for the purchase thereof, and in what manner
such purchase may be effected, and report their opinion thereupon
to H.M. at this Board." Signed, Temple Stanyan. Endorsed,
Recd. 1st, Read 20th June, 1734. 3 pp. [C.O. 217, 7. ff. 20-21
v. ; and (duplicate of preceding, without concluding paragraph)
22-23 v.]
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Dec. 20.
St. James's.
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448. Order of King in Council. Referring enclosed to the
Council of Trade and Plantations for their report. Signed,
Temple Stanyan. Endorsed, Recd., Read Jan. 15, 173 3/4. 1 pp.
Enclosed,
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448. i. Petition of Col. Samuel Horsey to the King in Council.
Petitioner was principally concerned in procuring the
surrender of Carolina from the Lords Proprietors etc.
He was appointed a trustee in the Act of Parliament for
executing the same. On 21st Dec., 1726, the Lords
Proprietors signed a warrant to make him a Landgrave
and to grant him 4 baronies, or 48,000 acres, which were
to be annexed to the said honour of Landgrave. By the
Act of Parliament for conveying the said Province to
your Majesty, all legal grants made before that time
were confirmed. While the surrender was carrying on,
the Committee of the Privy Council enquired what
lands had been granted by the Lords Proprietors, who,
in answer, did among several others return this grant
and mentioned it as not yet taken up by reason of the
unsettled state of the Province. Petitioner did not
attempt to take it up or insist upon it while he was
concerned in the Treaty because he woud avoid doing
anything which might give the least obstruction to the
Proprietors' surrender, choosing rather to depend upon
H.M. goodness etc. Petitioner was at considerable
trouble and expence in solliciting and attending the
settlement of this affair etc., for which he never had any
consideration allowed him etc. Prays that a grant may
be made to him of said lands, that he may pursue his
intention of making a settlement etc. Signed, Saml.
Horsey. Copy. 2 pp. [C.O. 5, 363. ff. 11-12 v.,
14 v.]
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Dec. 20.
St. James's.
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449. Order of King in Council. Approving representation of
Council of Trade and appointing Henry Peers junr. to the Council
of Barbados in the room of William Leslie decd. etc. Signed,
Temple Stanyan. Endorsed, Recd. 1st, Read 20th June, 1734.
1 pp. [C.O. 28, 24. ff. 44, 44 v., 51 v.]
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Dec. 20.
St. James's.
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450. Order of King in Council. Approving representation of
Council of Trade and confirming act of Barbados for the better
support of His Excellency etc. Signed and endorsed as preceding.
1 pp. [C.O. 28, 24. ff. 46, 46 v., 49 v.]
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Dec. 20.
Whitehall.
|
451. Council of Trade and Plantations to the King. Recommend
Abraham Payne junr. for the Council of St. Xtophers, in
the room of Colo. Peter Soulegre who, now residing in London,
desires to resign his seat. [C.O. 153, 15. p. 241.]
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Dec. 20.
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452. Extracts of Minutes of Council of Barbados, 21st Sept.,
1731 and 4th Jan., 173 relating to Mr. Barwick assuming the
Government as President, and Mr. Dottin the same, upon his
death. Endorsed, Recd., Read 20th Dec., 1733. Copy. Certified
by James Mytton, Secretary and signed, Howe. 7 pp. [C.O. 28,
23. ff. 127, 128-130 v., 131 v.]
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Dec. 21.
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453. John Rindge to the Council of Trade and Plantations.
Prays for answer of the Agent for the Massachusetts Bay relating
to the boundary with N. Hampshire, in pursuance the Board's
order 31st May last (q.v.), or, if he has not put in such answer, that
the Board's order may be speedily enforced etc. Signed, Ferd.
John Paris, for the Memorialist. Endorsed, Recd. 21st Dec.,
1733, Read 16th Jan., 1734. 1 p. [C.O. 5, 876. ff. 3, 8 v.]
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Dec. 24.
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454. Extract of letter from Lt. Gov. Dunbar to Mr. Popple.
In my former letters, I omitted acquainting my Lords how the
act is evaded for preservation of the pine trees, by shipping off
large peices a little squared, by which they go under the denomination
of baulks, tho' 80 or 100 feet long, and above 30 inches
diameter. The like has been sent from hence to the Spanish
West Indies, and large masts too, for which bonds have been
taken by the Deputy Collector here, according to the Act of
Parliament, but the bondsmen worth nothing, and all these
things under the knowledge and agency of Mr. Husk, the Deputy
Collector, in whose house the mercht. who ship'd and carryed
them off lodg'd at the same time. I have represented this to
Governor Belcher, and the Survyr. Generall of the Customs, the
latter I beleive is very hearty with me in enquiring and preventing
such practices etc., an attempt has been made on me for connivance,
by a person telling me, I might get 500 dollars pr. ann.
for so doing, and when I resented it, he ask'd pardon. Copy.
1 pp. [C.O. 5, 877. ff. 1, 1 v.]
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Dec. 24.
Jamaica.
|
455. Governor Hunter to the Council of Trade and Plantations.
Has given assent to enclosed acts, which he will transmit
as soon as they can be got ready. At their own earnest desire he
prorogued the Assembly from 16th Nov. to 23rd Jan. next.
Continues :The bill for erecting barracks in the Eastern division
where they are most necessary miscarry'd by means of some
amendments made to it by the Council to which the Assembly
disagree'd, and the Council adher'd ; that for raising of partys,
cutting a road and building a barrack near to the place call'd
Delamilliere's Ambush when duely executed, which indeed goes
on but slowly, will in the mean time enable us to make a defensive
war against the rebels, and in time to come facilitate such attempts
as the country can be induc'd to enter upon for their extirpation.
The detachment from the two Independent Companys and the
remains of the partys posted at the Brest Work, and sending
frequent patroles to all the avenues have kept the slaves at a bay,
and cover'd the frontiers pritty well hitherto, so that they have
attempted nothing of moment in these parts since our last miscarriage,
but to the westward in Hanover parish where we least
expected it, they have destroy'd a plantation belonging to one
Knowles, a minor, burnt the works and the canes, but the plantation
slaves escap'd by flight. I have us'd all endeavours in my
power toward the making their militia better and more serviceable,
which I am afraid is but labour in vain, the foot consisting chiefly
of hir'd servants and free negros who have no obligations either
of honor or interest for the defence of their master's propertys.
I am therefore about encreasing the numbers of horse, such consisting
of men that have some property of their own and may be with
more expedition sent from one place to an other in case of apprehensions
from abroad ; I cannot in duty forbear giving your
Lordships my opinion that in any such event this island is in a
very defenceless condition, considering the number of declar'd
enemys in the mountains and conceal'd ones else where. There
are still two vacancys in Council by means of the resignation of
Mr. Stout and the death of Mr. John Moore. It would be of great
ease and use to the Government if such were appointed to supply
vacancys there as by their near residence are inabled to attend a
Council upon a summons, for which reason I humbly take leave to
recommend Rose Fuller and Thomas Barritt, Esqrs. to such
vacancys as already are or may hereafter fall out, having formerly
recommended William Gordon, Esq. to the first. Over the belly
of the greatest opposition I have made a shift to finish the ramparts
of the Fort of Titchfield Point at Port Antonio, and we are
about preparing and laying in of materials for the barrack which
is close [to] it. The ramparts are of square stone inside and out,
fill'd with limestone and morter and a very fine piece of work and
when that is finish'd and the orders of the Admiralty for the
security of Lynche's Island executed, in my opinion it will prove
the surest hold H.M. has of this island as well as the most convenient
fort and safe harbour for H.M. ships, either to intercept
or annoy a foreign enemy when it shall be our misfortune to have
any such. I beg leave to assure your Lordps. that whilst I
remain here nothing shall be omitted for H.M. service and the
safety of this island in the power of a man who has long strugled,
and must continue so to do with unreasonable opposition and
mistaken interest of a very vicious faction etc. Signed, Ro.
Hunter. Endorsed, Recd., Read 21st March, 173 3/4. 3 pp.
Enclosed,
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455. i. List of Acts of Jamaica, passed 16th Nov., 1733 :
(i) for dividing the island into the Eastern and Western
divisions etc., erecting barracks in the Western division,
cutting roads therein, and raising and fitting out parties,
for the more speedy and effectual suppressing the rebellious
and runaway negroes ; (ii) for lessening the quorum
appointed by the act for the more speedy and effectual
collecting the publick debts etc. ; (iii) for cutting a road
from the Brest Work and building a defensible house at or
near the place Captain De La Millier was ambushed, and
for prohibiting the sale of rum at Titchfield ; (iv) to prevent
the making throwing or firing of squibs, serpents, rockets or
other fireworks ; (v) to establish the title of John Stewart
to Fort House in St. Jago de la Vega etc. p. [C.O.
137, 21. ff. 16-18 v.]
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Dec. 24.
Jamaica.
|
456. Governor Hunter to the Duke of Newcastle. The
inclos'd copie of mine of this date to the Lords of Trade will
let your Grace into the present state of affairs here in a great
measure, so repetition is needless. I can not without breach of
duty conceal my opinion that this island is in a very defenceless
condition in case of a war. The slaves in rebellion, who give us
work enough, in that event are not the most dangerous ; here are
men of desperate fortunes and more desperate principles who have
too much influence on the majority, are gaping after change, and
if I may judge from their pass'd conduct would readily joyn with
any such. I can make no doubt but due care will be had of an
island of that importance if there be any such apprehensions as
are here industriously spread abroad. Your Grace may depend
upon my doing what is in my power for H.M. service whilst I
remain in the station with which he has honor'd me etc. Signed,
Ro. Hunter. Endorsed, R. 21 March. 1 pp. Enclosed,
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456. i., ii. Duplicates of preceding letter and enclosure. [C.O.
137, 54. ff. 376, 376 v., 377 v.-380 ; and (endorsed,
R. 14th May) 137, 55. ff. 128, 128 v., 129 v., 130, 132-133
v.]
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Dec. 25.
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457. Office expenses of the Board of Trade, Michaelmas
Christmas. See Journal of Council. Endorsed, Recd. Read
26 Dec., 1733. 6 pp. [C.O. 388, 80. ff. 85, 86-87 v., 88 v.-90 v.]
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Dec. 26.
Whitehall.
|
458. Council of Trade and Plantations to the Lords Commissioners
of the Treasury. Request payment of petty expences
of the Office, Michaelmas to Christmas, 1733, amounting to
361 14s. 10d., and of Officers' salaries, 287 10s. [C.O. 389,
37. pp. 350, 351.]
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Dec. 29.
Jamca.
|
459. Governor Hunter to the Council of Trade and Plantations.
Yesterday James Laws Esqr. of the Council here dy'd,
so there are three seats vacant there, etc. Repeats former recommendation
of Messrs. Gordon, Fuller and Barrett to supply
vacancies (v. Dec. 24 etc.). Concludes : Their residence near to
the seat of Government is a circumstance of weight for such as
live at a distance seldom attend and we are frequently at a losse
for a quorum in sudden emergencys and often dureing the sessions
of Assembly. Signed, Ro. Hunter. Endorsed, Recd., Read 21st
March, 173 3/4. Holograph. p. [C.O. 137, 21. ff. 19, 24 v.]
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Dec. 29.
Jamca.
|
460. Governor Hunter to the Duke of Newcastle. Yesterday
James Laws Esq. one of the Council here dy'd universally
regrated. As the dormant commission for the command here in
case of my demise or absence granted to him to the general satisfaction
now ceases, I most humbly beg leave to intreat your Grace
to recommend to His Majty. Richard Mill Esqr. one of the Councill
here for such another commission. He is a person every way the
best qualify'd of any on this side for such a station, being a man
of resolution and temper, fine parts and long experience, with
great modesty and unalterable zeal and affection to His Majty.'s
person and government. I protest solemnly to your Grace that
I have no other end or view in this recommendation, then his
Matys. service in preventing confusion here in the event abovemention'd,
for Mr. Ayscough is far from being in any maner
qualify'd for such a trust, and is strictly link'd with that perverse
faction who are apparently for running matters into confusion
here. I think this matter of great importance to His Matys.
service in this island and shall say no more but that I am with the
greatest honor, My Lord, Your Grace's most faithfull and most
humble servant, Signed, Ro. Hunter. Endorsed, R. 21 March.
Holograph. 1 p. [C.O. 137, 54. ff. 382, 383 v. ; and (endorsed,
R. 14th May) 137, 55. ff. 134, 134 v., 135 v.]
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Dec. 31.
St. James's
|
461. H.M. Warrant appointing Henry Peers junr. to the
Council of Barbados, in the room of William Leslie decd. Copy.
[C.O. 324, 36. p. 429.]
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[1731-3.]
|
462. Abstract of letters from Governor Hunter, 1731-1733.
28 pp. [C.O. 137, 47. ff. 191-205 v.]
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[? 1733.]
|
463. Two letters to Mr. [? Horatio] Walpole, submitted to
the Duke of Newcastle, containing criticisms of a pamphlet
entitled The State of the Island of Jamaica, addressed to a Member
of Parliament. The writer urges the "necessitty there is, that
not only a revenue be settled equal to the annual expence of the
Government, but also a provision be made by some new laws for
the better recovery of just debts, and the better peopling and
settling of the island, at the same time that the body of laws are
re-enacted or confirmed by the Crown." For this reason he
thinks it a good thing that the bill which his late Majesty directed
to be transmitted to the Governor for making the laws of that
island perpetual, was rejected by the Assembly. For if it had
been passed, it would probably never have been in the power of
the Crown to put the affairs of Jamaica upon a solid and lasting
foundation ; for the revenue which was thereby to have been
given was 3000 a year too little for the expence of the government :
acts would have been made perpetual, which are destructive
of the trade and better settlement thereof by preventing the
recovery of just debts, and by not making the estates of deceased
persons liable to the payment of debts, or the not extending of
lands, for the satisfaction of creditors, all which points Governors
were instructed to recommend to the Assemblies to remedy, but
were as often refused. Had the bill passed, the Crown would have
been prohibited from raising the salary of the Governor (which
has been found necessary in the course of some years, from 1000
to 2500), or from giving a salary to a Lt. Governor, or increasing
that of the Chief Justice etc. The Assembly acted very much
against the interest and safety of the island in refusing to make a
perpetual provision for the Two Independent Companies. Without
them, the inhabitants must do duty in the forts, and the
island lose the advantage of the soldiers' British pay spent in it.
As the white inhabitants are not half the number they were
25 years ago, and the negroes increased more than one third,
there is an absolute necessity of continuing them, until there is
double the number of white inhabitants. The Assembly's reasons
for rejecting that bill, however, was because of the clause in it for a
perpetual provision of 2000 a year for the two Independent
Companies. If it is true that Mr. Hunter has been assured by
some gentlemen of Jamaica, who are in England, that the people,
that is the leaders in Assembly there, will readily pass the very bill,
word for word, that was sent from hence to Jamaica, and was so
lately rejected by an Assembly, provided the clause in it, relating
to soldiers be left out, in consequence of assurances that he is at
liberty by his Instructions to pass a bill so prepared, when offered
to him by an Assembly for his assent. Points out the danger of
leaving Governor Hunter with the power thus to perpetuate all
the acts of Assembly, without its being certain that the revenue
proposed to be granted will be sufficient for the annual expence
of the Government. Thinks the revenue voted in 1723, will not
answer the expence of Government, and computed at that time
that the estimate of expences (3000) in that bill was too low by
10,000 (including Additional pay (2000) for the Independent
Companies). Continues :"I heartily wish, for the honour and
ease of the Crown, the peace and prosperity of the inhabitants of
Jamaica, the benefite and advantage of the traders to that island,
and the general interest of the people of Great Britain, that the
people of Jamaica had a body of laws given them by the Crown,
and H.M. a revenue settled equal to the annual expence of his
Government in that island" etc. Is surprised that so many
Assemblies have failed to take the necessary steps for obtaining
the one by settling the other. Thinks the best ways of raising
the necessary money are duties on wines, quit rents and a deficiency
tax. Nobody can say that the money thereby raised in this way
"will be a grievous tax upon the inhabitants of this island, whose
trade is so very considerable and the produce of whose estates is
so very great. Were only the gentlemen who have estates and
plantations in Jamaica to pay this sum of 14,000 per annum, it
would be far short of what the gentlemen of any other of H.M.
Colonies pay to the support of their Governments, 14,000 per
annum being not three per cent on the value of the produce of
their estates, whereas in the other sugar Colonies they raise double
three per cent besides the four and a half per cent duty. Though
the value of the produce of Jamaica in sugar is now near treble
what it was at the Revolution, and the number of negroes more
than double, yet white people in the island bearing arms are not
so many by some thousands. This is because before the Revolution
the plantations were very small ones, and not any one planter
had as many negroes as every owner of a sugar plantation has now.
The increased production has not been occasioned by many new
families settling, but by the descendants of those who had settlements
before the Revolution, either purchasing the small plantations,
or runs of land near them, or settling the lands which
their fathers had early obtained by grants from the Crown. Also
the act whereby every owner was obliged to keep a white servant
to every ten negroes, has been replaced by acts obliging him to
keep first a white man to every twenty and then a white man or
woman to every thirty negroes only etc. Without date, signature
or endorsement. 18 pp., including one on which the writer
explains that a first letter was prepared "in December last" at
the instance of Mr. Walpole, upon the objection which the writer
had made whilst he was in France to the pamphlet entituled
"A State of Jamaica" etc. [C.O. 137, 54. ff. 122-125, 126,
128-133.]
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1733.
|
464. The Case of Anthony Cracherode and other Patent
Officers of Barbados. A Committee of Council having been
appointed by Governor Lord Howe (Oct. 1733) to examine the
fees taken by the several officers, H.E. observed, on their report,
that many fees were taken which there was no law for, and many
exceeded what the law allowed, and recommended that a new
Act should be passed by the Assembly (6th Nov.). Cracherode's
patent as Chief Clerk and Registrar in the Chancery and Clerk
of the Crown etc. 1714, granted him all such fees etc. as his
predecessor received. He therefore prays that in any new act
that the old table of fees hung up in his office in 1714 and many
years before may be established, no fault having hitherto been
found with them. Without date, signature or endorsement. 3 pp.
[C.O. 28, 45. ff. 212-213 v.]
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1733.
|
465. The case of Francis Whitworth, Secretary of Barbados,
Secretary to the Governor and the Governor and Council and
Clerk of the Courts. As preceding. The act sent up by the
Assembly being in itself absurd and unreasonable and greatly
prejudicial to Whitworth's patent, he petitioned (6th Dec.) the
Assembly to be heard by his Counsel before it was passed, but was
denied, unless his Counsel would then speak to it, which was done,
but without effect. Whereupon a similar petition was preferred
to H.E. in Council, but no further day could be obtained, and
Counsel was obliged to speak to it instantly, with as little success.
Hopes that no hardships will be suffered to be put on him by the
said bill, but on the contrary that some method may be found
out for payment to him for the several public services by him
done in the execution of his said offices, for which for some years
past he has received no payment, tho by H.M. Order in Council,
15th Augt., 1728, it has been recommended to the Assembly, and
though on examination from time to time allowances have been
made and orders given by the Council of the Island for doing the
same. By this intended law no allowance is made, nor fee
established for the public services of his office, though there is
no salary annexed to it, and he has to pay a great rent for his
office and employ Clerks and Deputies and constantly to attend
the Governor and Council, take minutes and transcribe, transmit
and publish all acts etc., and find stationery for the Council etc.
He has not received one penny for all the said services for some
years, but instead by this intended law they so curtail the fees
of his office for private business, that it will make it impossible for
him to find persons to execute said offices. It really seems
designed to render it so burthensome to those to whom H.M. has
been pleased to grant his patents that they may be obliged to
throw them up. Throughout this whole proceeding it does not
appear wherein H.M. Instructions to be aiding his Patent Officers
have been pursued ; but rather seems that in every article of this
intended law His royal prerogative is struck at, particularly in
the 2nd clause requiring all officers and deputies (except Judges
etc.) to find such security as the Governor and Council shall think
proper, and for neglect or refusal to do so, the Governor to remove
such officer and appoint any other person in his place. From
which it is apprehended the Governor and Council will have a
negative voice on any officer H.M. shall appoint, for they may
demand such security as neither the office requires nor the officer
is able to give. The last clause enacts that in case any new
business shall arise in any of the offices, the respective officer shall
apply to the Legislature to set proper fees, and if he presume to
exact fees before doing so, the bond of security shall be put in
suit etc., in which case the penalty might exceed all measure etc.
8 pp. [C.O. 28, 45. ff. 214-218.]
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[1733.]
|
466. Extract of letters from James Mytton, Secretary of
Barbados, Samuel Wadeson, Deputy Clerk of the Courts, and
Robert Warren, Clerk of the Assembly, Nov., 1733Jan., 1733, on
the injustice of the above act. 9 pp. [C.O. 28, 45. ff. 219-223 v.]
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After
1728.
|
467. Petition of John Yeamans to the Duke of Newcastle.
Governor Lord Londonderry granted a Commission to John
Osborne, 12th Sept., 1728, appointing him Lt. Governor of
Montserrat in the room of Paul George decd. He has resided
there ever since at considerable expence. Prays for H.M.
warrant for the payment of his whole salary as Lt. Govr. from the
date of his commission to the time of his being superseded here
by H.M., and for such part of his salary from that time as has been
usual in like cases, till notice thereof can arrive at Montserrat.
Without date. 1 p. [C.O. 175, 1. No. 2.]
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1733.
|
468. Drafts of Instructions for Charles Stewart, Rear Admiral
of the White Squadron now going to the Mediterranean etc.
Endorsed, Foul, not used. 23 pp. [C.O. 28, 40. No. 24.]
|
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After
[? 1732.]
|
469. Mr. Fitzroy to the Duke of Newcastle. Requests him
to obtain a Commission under the Great Seal for Mr. Warrell to
act by himself or Deputy as Attorney General of New Jersey,
quam diu se bene gesserit. He has Col. Cosby's Commission for
that office. There are many precedents for such Commissions etc.
Signed, Aug. Fitzroy. Without date. Holograph. 2 pp. [C.O.
5, 980. No. 49.]
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|
[? 1733.]
|
470. Draft of Additional Instruction to Governor Cosby,
relating to moieties of salary and perquisites to be paid to him and
Mr. Rip Van Dam until his arrival in the Government. 6 pp.
[C.O. 5, 1093. ff. 250-253.]
|
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[1733-1754.]
|
471. Index of Correspondence relating to Jamaica. [C.O.
326, 40.]
|
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1733.
|
472. Correspondence of Commandants of Essequibo with the
Directors of the Dutch West India Company. [C.O. 116, 26.]
|
