America and West Indies: April 1733, 16-30

Pages 75-90

Calendar of State Papers Colonial, America and West Indies: Volume 40, 1733. Originally published by His Majesty's Stationery Office, London, 1939.

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April 1733, 16-30

April 16. 115. List of papers laid before the House of Lords, pursuant to Order of 10th April (Conference of Governor Belcher with the Indians at Falmouth, Casco Bay, 1732 ; Journal of Representatives of the Massachusetts Bay, 1732). [C.O. 5, 917. p. 80.]
April 16.
116. Order of Committee of Privy Council. Referring following to the Council of Trade and Plantations. Signed, Temple Stanyan. Endorsed, Recd. (from Mr. Paris) April 17, Read May 16, 1733. Enclosed,
116. i. Petition of John Rindge, Agent of New Hampshire, to the King. Abstract. Ever since 1691 the great province of the Massachusets has by the inclusion of Maine, extended on both sides of the little province of New Hampshire, which is daily encroached and usurped upon by its populous and powerful neighbour, both in property and matter of Government. Without H.M. interposition it will soon be utterly absorbed and lost, as to well in disheirson of H.M. Crown as to the utter ruin of faithful subjects and tenants who hold immediately of and under H.M. New Hampshire never had any Charter, but ever since 1679 has been governed by Commissions granted by the Crown, and all the grants for the towns have been made by virtue of the said Commissions. The most considerable towns are called Dover, Portsmouth, Exeter, Hampton, Kingston and Londonderry. During the reign of K. William, the French and Indian wars interrupted the making many new settlements, but the several townships in N. Hampshire, (as well as in the Massachusets) made grants of particular parts of their lands to their respective inhabitants. The townships of Salisbury. Almesbury and Haverill (N. of the River Merrimack and claimed by the Massachusets), and also the townships of Hampton, Kingston and Londonderry, scituated more northerly than the three last mentioned, and within the Province of New Hampshire, having each of them granted to their respective inhabitants several parcels, perhaps of the very same lands as each supposed they had or at least claimed a right to do, many disputes arose as to the titles, but were determined by the Courts in the Massachusets in their own favour. One special circumstance which in effect determined the said disputes was that the people of the Massachusets being much more numerous than those of N. Hampshire (at least 40 to one), would rate assess and tax the persons who were settled really within the Province of New Hampshire and to the publick charges in the Massachusets, and by their power and numbers destrain for such taxes and even carry off and imprison the New Hampshire inhabitants for pretended trespasses and try them and their causes in the Courts in the Massachusets, where to plead to the jurisdiction (when the partys themselves were to be the sole Judges in the matter) was to no manner of purpose. By these means the Massachusets unjustly extended their bounds etc., and finally decided those causes, the sum demanded of a New Hampshire tenant for his share of a public tax to the Massachusets, or the fine for such tenant's pretended trespass on their lands amounting to only five or ten shillings, greatly below the sum for which an appeal to H.M. in Council is allowed. Nor could a young settler possibly bear the expense of an appeal, and if he had, it would only have settled the status of his own land. These proceedings have obliged many N. Hampshire tenants to submit to the great Province of the Massachusets who were able to protect them, and extend their bounds thereby, whilst reducing N. Hampshire to such streight limits and to so few inhabitants as will absolutely disable them to support the charge of Government etc. At the same time N. Hampshire, which used to contribute to public charges but a tenth part of what the Massachusets contributed has been raised to a fifth part, which nevertheless H.M. loyal subjects with the greatest duty and alacrity immediately acquiesced in, it being H.M. royal pleasure. These disputes having happened, the townships of Kingston and Londonderry attempted all reasonable methods to settle the bounds generally between them and the Massachusets, at a very large expense, (near 800 upon each of those terms [? towns]), but it produced no effect. During the Cessation in the beginning of Queen Anne's reign the Massachusets still encroached on New Hampshire by rating or taxing people seated near the sea about five miles north of Merimack river. But New Hampshire was so far from attempting in like manner to distress the Massachusets inhabitants, that orders were then given by the Governor and Council that persons seated but near the division line should not be rated at all, and hoped the Massachusets would have given the like orders till the lines could be setled, and therefore proposals were made to have Committees chosen in May 1711, but nothing was done by the Massachusets thereon. In 1713 and 1715 New Hampshire again attempted to have the lines setled, but in vain. In Dec. 1719 both Provinces appointed Commissioners, but with this difference, that those chosen by N. Hampshire were directed to settle both the Southern and Northern boundaries, but the Massachusets Commissioners were to setle only the Southern boundary of N. Hampshire. They met at Newbury in the Massachusets, but to prevent setling any bounds whatever the Massachusets Commissioners then insisted to run a line from 3 miles N. of the river Merimack to 3 miles N. of the head of what they call Merimack river at Winnisposiokie Pond, which was a most extravagant proposal not at all warranted by their Charter, and would have had the following consequences, that as the Massachusets province already encloses N. Hampshire on the S. and N. sides, the line proposed would have cut off all the eastern part also, and taken from it all the setled towns and townships of Londonderry and Kingston, and a very great part of Hampton and of Exeter and many other lands, so that New Hampshire would only have had two of its old towns, Dover and Portsmouth left, and not any land to enlarge their settlements, but would have been confined to a very small strip of land bordering upon the sea, and been surrounded on all the other three sides by the Massachusets Province. The meeting therefore broke up. This extraordinary attempt obliged N. Hampshire in the following year, 1720, to put themselves to the expence of an Agent in London to solicit a just settlement of the lines, who presented several representations from the Province on that head. Some time after the meeting in 1719, New Hampshire chose a Committee to run a line 3 miles north of Merimack river, and the Massachusets also chose a Committee. The Commissioners ran the line separately and the lines very nearly agreed. The Province of the Massachusets have actually sold great parcells of H.M. lands not only 3 miles N. of Merrimack but about 40 miles N. of the same, perticularly one large township called Penny Cook and have received a large sum of money for the same, tho' very manifestly within the Province of N. Hampshire, and tho' the purchasers were forbid setling there by N. Hampshire etc. After these encroachments and disturbances, Governor Belcher, by his 77th Instruction, was directed to propose to the General Assembly of each Province to choose Commissioners out of the neighbouring Colonies to draw the boundaries and settle the dispute, whose proceedings should be of no effect till H.M. pleasure should be signified thereon. So desirous was the Assembly of N. Hampshire to obey H.M. commands, that within three days after this Instruction was communicated to them, they appointed David Dunbar, William Wonton and John Whiting Esqrs. Commissioners to join with those of the Massachusets etc., and afterwards in Aug., Oct. and Nov. 1730, and in April, May, July and September, 1731, appointed several Committees to meet those of the Massachusets, but to no manner of purpose. On 7th Oct. the Assembly received a report from the Committees appointed by the Council and Assembly on 24th and 25th Sept., that they had met the Massachusets Committees at Newbury, to try to agree upon a preliminary bill to settle the boundaries, but to no manner of purpose, for that the Instructions which the Massachusets had given their Committee were much streighter and more against the interest of N. Hampshire than an act which the Massachusets had passed in 1730, which the Assembly of N. Hampshire could by no means agree to, in regard the Massachusets Committee were instructed to insist that provision should be made in the bill that all such lands or towns which either Government were in possession or improvement of by vertue of any antient grants should be reserved to the several Governments both as to jurisdiction and property, which if agreed to would carry the boundary at least 11 miles to the North of Merrimack, instead of 3. The N. Hampshire Commissioners insisted that the line which the Commissioners should fix 3 miles to the northward of Merimack River according to the intention of the Massachusets Charter ought to be the boundary as to jurisdiction whatever might be consented to in respect of property. Upon which the Massachusets Committee refused to proceed any further, saying that as they had particular directions, they were oblidged to conform to them. A representation by the Council and Assembly of N. Hampshire was upon that occasion sent to the Secretary of State, and on 7th Oct. 1731, John Rindge, who was going over to Great Britain, was appointed by the Assembly their Agent with full power about the premises. As such he now represents, that the clause proposed in behalf of the Massachusets, as to property and jurisdiction, was by no means a fair or equal proposition, but would have advantaged them only, who have encroached greatly, whereas N. Hampshire never setled beyond its just bounds. The Massachusets has by its Charter certain limitted bounds beyond which they have no colour of property or jurisdiction. The dispute lies within a very narrow compass, and could easily be settled, if the Massachusets were as well inclined thereto as N. Hampshire has always shown itself. But they think it their interest to keep the dispute unadjusted, whilst they encroach, expecting (as they actually insisted at the aforementioned meeting) to enjoy the property and jurisdiction of all their encroachments. However plain the case, N. Hampshire will always be unable to procure the lines to be truly run in America, owing to the superior interest and power of the Massachusets, and the Governor's native interest being there, where his whole fortune and two parts of his appointment lie. N. Hampshire has already done in vain all in its power to adjust the dispute on the spot, and above 500 of the inhabitants have complained to the Board of Trade on this affair. Petitioner therefore prays H.M. to determine the case here, and in order thereunto annexes a map, and quotes and argues from Charters. Prays H.M. to appoint a day for hearing the parties by Counsel etc. Copy. 24 pp. Enclosed,
116. ii. Map of Southern part of New Hampshire. [C.O. 5, 875. ff. 70, 71-83, 85 v., and (map) M.P.G. 363.]
April 17.
117. Mr. Popple to Mr. Fane. Encloses petitions of Sir J. Eyles etc. and Mr. Paris etc., and copy of Col. Cosby's Commission and Instructions. Desires his opinion in point of law, whether the King has a power to erect the said lands [in New York] into a county, or to annex the same to a county. And by what means the same may most properly be done. [C.O. 5, 1125. p. 296.]
April 18.
118. Governor Lord Howe to the Council of Trade and Plantations. I thought it my duty to take the first occasion of acquainting yor. Lordsps. that I arriv'd here Thursday last. I have as yet had only an opportunity of meeting the Council and Assembly once and making them the inclos'd Speech, they now stand adjourn'd to Tuesday fortnight. Your lordsps. may be assur'd I will strictly obey my Instructions and give yor. Lordsps. an account of my proceedings. There is now a vacancy in the Council by the death of Mr. Barwick, I therefore beg leave to recommend to yor. Lordsps. Mr. Richd. Salter to be a Member of the Council in his room, a gentleman in every respect well qualified for that honr., his father was in the Council and this gentleman bears as good a character as any in the island, as it is absolutely necessary that there should be an entire good understanding between the Govr. and Council and as I have already receiv'd several marks of your Lordsps. favour, I flatter myself that no recommendation will take place of mine with yor. Lordsps. Signed. Howe. Endorsed. Recd. 11th, Read 12th June, 1733. 2 pp. Enclosed,
118. i. Speech of Governor Lord Howe to the Council and Assembly of Barbados, April, 1733. Regrets that the settlement of his affairs prevented his earlier arrival. But even during that delay he endeavoured to make himself useful to them by representing the many hardships and disadvantages the trade of the island labours under and by soliciting for a speedy redress etc. Assures them that several resolutions have already been agreed to in their favour, and does not doubt, from the known goodness of His Majesty and the justice of the British Parliament, that they will have a considerable relief in a very short time. Explains to the Assembly, that though it may have been the custom of some Governors upon their first coming to call a new Assembly, he decided to call them together at the first opportunity in order to the dispatch of necessary business. Refers to Instructions, and will give them a copy of that relating to himself. Refers to need of repairing fortifications. Urges unanimity and agreement among themselves etc. Copy. 2 pp. [C.O. 28, 23. ff. 83-84 v., 86 v.]
April [? 18]. 119. Governor Lord Howe to the Duke of Newcastle. Duplicate of preceding letter, mutatis mutandis, with addition : The Assembly now are adjourned for three weeks. I chose to put their meeting off till then, that before I acquainted them with the orders I had reced. from H.M. relating to the evacuation of Sta. Lucia etc. I might have time to enquire into what had been done in relation to that affair and to think of a proper person to send to the Govr. of Martinique, for I already understand it was in a great measure owing to the gentleman that was sent from hence that affair miscarried. Though he is one of the Council here, I must say he is very unfit to be sent on such an occasion, he is a harmless good-natur'd man ; I hope your Grace will approve what I have done, and not think it was through any neglect that I have not yet put those orders in execution. I did it that everything might be well done and that the French may not have it in their power to make any pretence for a delay. I am sorry to acquaint yr. Grace that the bill in which the Agents were appointed was pass'd before I came, by the President Dottin, that it is not in my power to obey yr. Grace's commands this year, but yr. Grace may be assur'd I will do all I can to get Mr. Teissier in, the next. I believe there is also a bill gone over by which the President has given himself 500 which I take to be directly contrary to his Instructions, if yr. Grace wou'd have me take any notice of it to him I shall obey yr. commands. Whether I shall get a settlemt. or not, I can't tell. I am afraid it will be very difficult, they being in a very bad condition, at first they absolutely declar'd they wou'd make no settlemt. whatever, but I hope I have got them in a little better temper. The Gentlemen of both the Council and Assembly have declar'd to me they are much better pleas'd with the Instructions as it now stands than if it had been restrain'd, they knew nothing of ye petition from ye merchants and gentlemen in England and shou'd have been very much against it. Signed, Howe. Endorsed, R. 19 June. 3 pp. Enclosed,
119. i. Duplicate of encl. i preceding. [C.O. 28, 45. ff. 224-227.]
April 19.
120. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before the King. Autograph signatures. 1 p. Enclosed,
120. i. Same to the King. Enclose draught of Instructions for Governor Lord Muskery "which are to the same purpose as those given to Capt. Falkingham" etc. Autograph signatures. Endorsed, R. 9th, Read and approved, 10th May, 1733. 1 p. [C.O. 5, 195. ff. 361, 363.]
120. ii. Draft of Instructions referred to in preceding. [C.O. 195, 7. pp. 289-339 ; and (without enclosure ii) 5, 195. ff. 361, 363.] The 65th and 66th Articles run as follows : And whereas We did etc. 31st May, in the second year of Our reign appoint Henry Osborne Governor of Newfoundland etc. with powers to constitute and appoint Justices of the Peace with other necessary Officers etc., which powers have been continued to all Our subsequent Governors there, and are contained in Our Commission to you ; You are upon your arrival in that Island to make enquiry what effect that Commission has had, how, and in what manner such Justices of the Peace behaved in the execution of that power. Whether the inhabitants and planters have duly submitted thereto. And what, (if any) obstructions have been given to the execution of that authority, and to return your observations thereupon, with what you think may be further done for keeping the peace and quiet of the said Island, and of the inhabitants residing therein to Our Commissioners for Trade and Plantations. And whereas We have been informed by certain memorials and petitions which have been laid before us, from Bristol, Poole, and Dartmouth, that notwithstanding all the precautions taken by Our said Governors for preserving the peace in Newfoundland, disputes had arisen between the fishing Admirals, and our Justices of the Peace in the said island, and that some of our said Justices had been guilty of great irregularities, to the oppression of our good subjects, which petitions, memorials, and papers thereunto annexed, were delivered to Captn. Falkingham Governor of our said island for the year 1732, now you are upon your arrival at Newfoundland to enquire into the truth of all such complaints and to supersede such Justices of the Peace as shall appear to you to have acted unwarrantably in the execution of their office. And you are strictly to prohibit those who are or shall be appointed Justices from interfering in any degree with the fishing Admirals in such matters relating to the fishery as are reserved for their jurisdiction by the aforesaid Act for encouraging the Trade to Newfoundland, taking care at the same time that the said Fishing Admirals do their duty also, according to the intention of the said Act, you are to be very particular in your observations upon these subjects which you are to return to us and to our Commissioners for Trade and Plantations.
66. Whereas in the answers returned to the like queries by some former Commodores, some of the columns in the scheme of the fishery have been returned blank. In case you find it necessary to do so likewise, you are then to mention in such column, whether, the numbers, prices, and quantities, belonging thereto are included in any other column and in which column they are so included ; or whether there was no fishing this year in those harbours, or that there was fishing but that you had not obtained any account thereof ; and if there be any fishing in any other harbour in Newfoundland, not in this scheme mentioned, or in the island of St. Peters, or any other adjacent island, you are to add a column, or columns, for the same, and insert therein the best account you can get, with your remarks on such as you think imperfect or doubtful in any of the particulars etc. Scheme annexed. [C.O. 195, 7. pp. 289-339.]
April 19.
121. Mr. Popple to Mr. Burchet. Encloses Heads of Enquiry for Capt. Fytche etc. Those for Newfoundland being turned into Instructions, as has been done for some years past, are laid before H.M. etc. [C.O. 218, 2. p. 269.]
April 20. 122. Mr. Ashe to the Council of Trade and Plantations. Explains occasion of enclosed and the reasons of the objectors. (v. C.S.P. 17th Nov., 1732). In the Governor's answer (ii) he bestowed much reproachful language on them and misrepresents them as opposing H.M. prerogative, a censure they think very unjust, for they have always carefully avoided touching on them etc. Set out, N.C. Col. Rec. III. 439. Signed, Jno. Bapta. Ashe. Endorsed, Recd. 20th June, 1733, Read 1st Aug., 1734. 1 pp. Enclosed,
122. i. Reasons offered in Council by Messrs. Rice and Ashe against the dividing precincts and erecting new ones by the Governor and Council alone etc. Copy. 2 pp.
122. ii. Governor Burrington's reply to preceding. Edenton. 26th Dec., 1732. Copy. 6 pp.
122. iii. Reply to preceding. 3rd April, 1733. Signed, Nath. Rice, Jno. Bapta. Ashe. 8 pp. (v. N.C. Col. Rec. III. 439.) [C.O. 5, 294. ff. 124-129, 130-134, 135 v.]
April 20.
123. Messrs. Rice and Ashe to the Council of Trade and Plantations. Explain occasion of following protest, the Governor having issued, without consulting the Council, warrants for lands, contrary to H.M. Commission and Instructions, at 2s. 6d. Virginia or Proclamation money for every fifty acres, and for much larger quantities to some than by the King's Instructions he was directed, and arbitrarily refusing others their right or proportion allowed them by the King etc. This has drawn upon us H.E.'s highest displeasure etc. By next conveyance will inform the Board of the injuries he has done them for this reason etc. Set out, N.C. Col. Rec. III. 457. Signed, Nath. Rice, Jno. Bapta. Ashe. Endorsed, Recd. 20th June, 1733. Read 1st Aug., 1734. 1 pp. Enclosed,
123. i. Remonstrance by Messrs. Rice and Ashe against the Governor's warrants for lands etc. 11th Nov., 1732. Copy of C.S.P. 17th Nov. encl. i. 1 pp.
123. ii. Reply by Governor Burrington in Council to preceding. Signed, Geo Burrington. Copy. 2 pp.
123. iii. Messrs. Rice and Ashe to Governor Burrington and Council, 3rd April, 1733. Reply to No. ii. (v. N.C. Col. Rec. III. 457.) Copy. 5 pp.
123. iv. Petition of Edward Moseley to the Council of Trade and Plantations. Complains of Governor Burrington's attempt to exact from him 7 15s. Proclamation money for warrants for 3100 acres of land to which he was entitled under H.M. Instructions. Prays for relief. Signed, E. Moseley. Copy. 3 pp.
123. v. Petition of Edward Moseley to the Governor and Council. States above case and prays for issue of warrants, petitioner being ready to pay legal demands etc. Signed, E. Moseley. Copy. 2 pp.
123. vi. Copies of Correspondence relating to preceding. Nos. iv-v. Endorsed, Recd. 20th June, 1733. 3 pp.
123. vii. Deposition by Messrs. Rice and Ash that above are true copies etc. 7th April, 1733. Certified by Nath. Rice, Jno. Bapta. Ashe. 1 p.
123. viii. (a) Protest offered by Messrs. Rice and Ashe in Council, March, 1733, against the appointment of William Owen to the Council by the Governor, there being then eight Councillors in the Province.
(b) Deposition by Same. 7th April, 1733. The Governor refused their request that above protest might be entered, saying, "I'm Governor here ; I will do as I think fit" etc. Signed, Nath. Rice, Jno. Bapta. Ashe. Endorsed, Recd. 20th June, 1733. 1 pp.
123. ix. Deposition of John Montgomery, Attorney General. 7th April, 1733. Complains of the Governor's treating him publicly with indignity and abuse. His animosity is so great that he believes he intends to take his life. In January, coming into the house of one Trotter, without any provocation he took up a chair and damned deponent, then with all his force endeavoured to strike him on the head etc. He disabled his arm, and attempted to strike him a second time, then closing with him got deponent down and with his knee several times violently punched him on his belly etc. As he could not execute his office in peace, deponent applied for a licence to depart. H.E. desired him to stay till the next Council, and then he should have a licence to go to the Devil and at the same time challenged him to fight him in Virginia etc. His friends have advised him to forbear appearing in Edenton etc. Signed, John Montgomery. Endorsed, Recd. 20th June, 1733. 1 pp. [C.O. 5, 294. ff. 136-139, 140-150 v., 151 v., 152 v.]
April 20.
124. Governor Cosby to the Duke of Newcastle. Abstract. On his arrival, he found that Lewis Morris, the Chief Justice was generally disliked for his want of probity, delay of justice, excessive pride and oppression of the people. He has not once been to visit the Governor, so that he has had no opportunity of warning him of these complaints. But things are now come to such a pass, that he must remove him from the Bench. Gives instances of his partiality, delay of justice, oppression of the people by putting them to fruitless expence in their attendance on the Courts, constantly adjourning them till 8 in the morning and not opening them till 2 or 3 in the afternoon. This he does from pride in making the world wait his leisure, and from intemperate drinking in which he often spends whole nights. Sometimes on circuit he has kept parties and juries awaiting him for days etc. Continues : "When I had the honour to receive H.M. warrant, I sent Mr. Van Dam a copy and made a demand of half the salary and perquisites from Collo. Montgomery's death, he having secured the whole etc., but finding that I was to expect nothing from him, I retained some lawyers who advised me to direct a suit to be commenced against him in the King's name in the Equity side of the Exchequer, for that the money must be still looked upon as the King's mony till I actually received it. I did so and the Attorney Generall haveing exibited his bill Van Dam pleaded to the jurisdiction or rather to the very being of the Court, and then demurred. This the lawyers thought so a extraordinary step, that they expected the Judges would at first sight have discussed it, but the Chief Justice being willing it should be argued, the King's Council in the vacation prepared themselves to speak to the whole plea. But when the day came on which it was to be argued, the Chief Justice (without asking the opinion of the other judges) directed them to argue only that part of the plea, which struck at the jurisdiction of the Court, in the Equity side of the Exchequer" etc. Suggests that this was unfair to the King's Council, whilst, as if by inspiration, Van Dam's Council were adapted to that single point and the paper which the Chief Justice read immediately afterwards (v. Aug. 27, encl. ii) was to the very same purpose etc. Describes how the second and third Judges, James Dehancey and Fredrick Phillips, subsequently gave their opinions that the Court had power to hold pleas in equity. Morris told them publicly upon the Bench that their reasons were mean, weak and futile, and that they were only his Assistants, giving them to understand that their opinions were of no significance. This they sharply resented, insisting on the force and justice of their opinions, and their power and authority as Judges of that Court, whereupon the Chief Justice left the Bench saying that by the Grace of God he would sit no more there when any matters of Equity came before them. Refers to his previous conduct. Formerly he was for encouraging business to be brought before him in the Equity side of the Exchequer, when he had only one judge, a man of mean capacity, to assist him, but now he denies the power of the Court. When he was President of the Council of the Jerseys, he held a Court of Chancery, now he says there is no such Court. The reason for these contraries is that, as President of that Council at the time of Montgomerie's death, he received the whole salary and perquisites there : being under the like circumstances with Van Dam, he expects the like order, and hopes by his partiality in this case to make it a precedent for his own etc. Van Dam's Council offered the further objection that, the Governor appearing by the King's order to be interested in the event of the cause, and it being in his power to displace the Judges, this suit ought not to proceed whilst that power exists etc. The Judges would not admit such exceptions. They so palpably reflect upon their integrity that they might well have shewn their resentment more warmly. Morris publicly denounced to one of the Councillors as illegal an ordinance about to be brought into Council altering the times of holding the Supreme Court and circuits, and repeating a former ordinance giving powers to judges for appointing sittings of the Court of Exchequer out of term for the dispatch of business in the Equity side of that Court. Governor Montgomerie was obliged to suspend his son, Lewis Morris, from the Council for his insolence. The insolent papers the son then read at the Council Board were drawn by his father. He then got himself elected a member of Assembly and gave all the opposition he could to the measures the house took to make the Government easy. Continues : But when he found the revenue bill would pass, he endeavoured to stir up contentions and create misunderstandings between me the Council and Assembly, hopeing by these means to delay the revenue bill, if not to defeat it, but he failed in all his attempts, one whereof was to gett an act passed for establishing fees, his father however was well pleased with his son's behaviour, for being over his cups one publick day in a large company, wherein some of the leading men of the Assembly were present, he took upon him to condemn their conduct in those particulars wherein they had served the Government, and opposed his son, and to direct them in what manner they ought to exert themselves, wherein without doubt he had an eye to the Boston Assembly whose spiritt begins to diffuse itself too much amongst the other Provinces etc. Criticises the Speech (Aug. 27, encl. ii), of which he has not received the copy he demanded. The speech was without doubt at first made to please the people, the things that he striked at being such as their Representatives in Assembly have made bold attempts against, the Court of Chancery and establishing fees by the King's authority etc. The attempt to destroy the Court of Chancery is popular in New York, there having been great arrears of quit rents recovered in it, and people are anxious lest the solidity of some of their grants of land be questioned there." Discuses these points at length. "The other Judges, the Attorney Genll. and the Councill retained for the King in this cause say and are of opinion H.M. may establish any Courts not repugnant to the Charter or common usage of the Province. Sir E. Northey gave his opinion as to the cognisance of the Court of Chancery, England. What is at present proposed is not an ordinance for establishing a Court of Equity, but for altering the terms or times for the sitting of the Court and circuits etc., but as these are questions and disputes foreign to my education and way of life, I shall not enter further into them" etc. ; but assures his Grace that there is an absolute necessity to insist upon the King's just prerogative especially since the wellfare of his subjects is interwove with it etc. Thinks it his duty to support the Court of Exchequer, and maintain H.M. prerogative to the utmost of his power, especially at a time where his just and reasonable authority is so avowedly opposed by our neighbours at Boston. Hopes his Grace will approve of his displacing Morris as a necessary step to prevent the like in this province, or at least to deter others in authority from being advocates for the Boston Principles" etc. Describes how Morris kept him waiting before delivering to him the seals of New Jersey etc. Quotes cases of Governors Hunter and Burnet displacing C.J.s in New Jersey. Asks for confirmation. Concludes :Your Grace remembers how often Mr. Walpole has desired that I should hold Courts of Equity towards supporting the King's prerogative, as well as to recover his right, it being very seldome done by former Governours here as being unpopular, has made this madman oppose it in this extraordinary way." Set out, N.Y. Col. Doc. V., 942 ; and N.J. Arch. 1st Ser. V. 329. Without signature. Duplicate. 19 pp. [C.O. 5, 1056. ff. 51-60.]
April 20. 125. Extract from above letter. Endorsed, Recd. Read 29th Nov. 1733. 2 pp. [C.O. 5, 1056. ff. 61, 61 v., 62 v.]
April 23.
126. Mr. Fane to the Council of Trade and Plantations. In reply to 17th, is of opinion that H.M. has, by virtue of his prerogative has a power to erect the tract of land granted to Sir J. Eyles etc. (v. 23rd Feb., 30th March), into a county, or annex the same to a county etc. The proper method, etc., and most consistent with the honour and dignity of the Crown will be to impower the Governour, by a particular Instruction from H.M., to put H.M. orders in execution etc. Signed, Fran. Fane. Endorsed, Recd. 23rd, Read 26th April, 1733. 1 pp. [C.O. 5, 1056. ff. 29, 29 v., 36 v.]
April 24.
127. Governor Belcher to the Duke of Newcastle. Since his letter of Jan. (5th), has been to New Hampshire. Encloses proceedings of Council and Assembly. His Grace will do therein as he judges fit for H.M. service etc. Continues :Your Grace will see, notwithstanding all I have said to that Assembly, there is not (nor has been for a long time) any money in the publick Treasury, which exposes the King's Government, and his people to great hazards and inconveniencies, and since the Assembly wou'd supply no money for the publick weal and safety, I thought it proper to dissolve them, hoping a new choice may bring together an Assembly, dispos'd to do their duty to their King, and to their country. I am very sorry to have the occasion of acquainting your Grace of a high insult offer'd to His Britannick Majesty in an attack upon one of His Royal Navy by two Spanish men of warr, near the Island of Tortuga, of which the inclos'd print (fn. 1) will give your Grace some particulars. But as Capt. Durell of H.M.S. the Scarborough (was the ship so insulted) tells me he does by this conveyance send an account at large of this matter to the Lords Commissioners of the Admiralty etc., I forbear troubling your Grace any further etc. P.S. Encloses Journal of the present Assembly of the Massachusetts Bay. Signed, J. Belcher. 4 pp. Enclosed,
127. i. Minutes of Council of New Hampshire 24th Feb. 10th March, 1733. Copy. Certified by, R. Waldron, Secry. 28 pp.
127. ii. Journal of Assembly, N.H., 28th Feb.10th March, 1733. Copy. Certified by, R. Waldron Secr., J. Belcher. 29 pp. [C.O. 5, 899. ff. 32-33 v. (covering letter only) ; and (enclosures only) 5, 931. ff. 19-133, 135-141.]
April 25.
128. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before H.M. Annexed,
128. i. Same to the King. Enclose following draughts of Instructions, "which are to the same purpose as those given by your Majesty to the Earl of Londonderry etc., except some few alterations and additions which have been already approved by your Majesty for other Govrs. of your Majesty's Plantations in America. But we have not prepared any Instruction with respect to the additional salary which may be settled upon Mr. Mathew by the Assemblies of the Leeward Islands, because we have already represented our opinion upon that subject (v. C.S.P. 26th May, 1730), whereupon your Majesty's Royal determination has not yet been signified. There being one vacancy in your Majesty's Council of Antigua by the death of Edwd. Warner Esq., we have in his stead inserted the name of John Vernon ; and there being five vacancies in the Council of St. Xtophers we have supply'd that number by inserting the names of Wavel Smith, John Douglas, Abram Payne, Joseph Phipps and William Mathew junr. Esqrs., of which the first four were some time since appointed by your Majty's. Govrs. and Commanders in Chief to complete the number of seven agreeable to powers granted them" etc.
128. ii., iii. Draught of General Instructions and Instructions relating to the Acts of Trade and Navigation for William Mathew, Governor of the Leeward Islands. [C.O. 153. pp. 140-224.]
April 25. Whitehall. 129. Council of Trade and Plantations to the Committee of the Privy Council. Representation upon complaint of Thomas Beake against Wavell Smith etc. (v. C.S.P. 19th May, 1731) ; Mr. Smith was constituted a member of H.M. Council in St. Xtophers by the late Earl of Londonderry at a time when the number of Councillors was under seven, in which case the Govrs. of all H.M. Plantations are impowered by their Instructions to fill up their respective Councils to that number. It has likewise been a frequent practice for the Secretaries of the Plantations to be members of the Council in their respective Governments, and no complaints having been made against Mr. Smith as a member of H.M. Council in St. Xtophers, we have left his name in the Instructions prepared for Mr. Mathew etc. But as some doubts have arisen, whether the office of Clerk of the Council be consistent with that of a Councillor, altho' exercised by Deputy as Mr. Smith claims the office of Clerk of the Council by virtue of some general words only in his patent, we would submit it to your Lordships whether it may not be proper that Mr. Smith should continue in the Council of St. Xtophers till it shall be decided whether these officers be compatible and if they are judged not to be so, that then Mr. Smith may have his option which of the two he will renounce. [C.O. 153, 15. pp. 225, 226.]
April 27.
130. Order of the Committee of Privy Council. Referring following to the Council of Trade and Plantations, to state the facts and examine and report whether petitioner's grant doth differ from other grants of lands made by the late Lords Proprietors etc. Signed, Temple Stanyan. Endorsed, Recd. 4th, Read 8th May, 1733. 1 pp. Enclosed,
130. i. Petition of Robert Thorpe to the King. Petitioner having purchased for 450 sterl. 9000 acres of a barony of 12000 granted by the late Lords Proprietors of South Carolina to Isaac, as trustee for Thomas Lowndes in 1726, which have been surveyed and allotted to him by the Surveyor General there ; but said survey having been made without a warrant from H.M. Governor to empower the Surveyor, and the Governor refusing to grant warrants for surveying lands claimed under patents from the Lords Proprietors without knowing H.M. pleasure, (though the same are excepted in the Act of Parliament for confirming the surrender of the Lords Proprietors), prays for H.M. directions to the Governor not to molest him in his possession thereof etc. Signed, Robert Thorpe. Copy. 3 pp. [C.O. 5, 362. ff. 153-155, 156 v.]
April 27.
Kingston, Jamaica.
131. Mr. Telednor to Mr. Forbes. Encloses following with request to correct it, if necessary, and lay it before his Grace, the author being "no maker of memoirs, prety much taken up with his own private affairs, and unacquainted with ye method of adressing a Minister of State" etc. He was encouraged to lay his remarks upon the affairs of the country before the Ministry by a Member of Parliament who has a very good place under the Government etc. Those affairs grow more and more perplexed every day, and their endeavour to extricate themselves are like a man's struggling in the mire. Some men of honour and worth now talk of leaving the country. The first necessity is "to put a Governour in a condition not to fear any enemys, either at home or abroad, and suport his authority with such power as will inable him to overcome ye difficultys that may be rais'd by covetous, and ill designing men" etc. Signed, J. Telednor. Endorsed, R. from Mr. Forbes in Oct. 1733. 1 p. Enclosed,
131. i. Mr. Telednor to the Duke of Newcastle. Jamaica. April 27th, 1733. Abstract. Feels obliged to represent the state of affairs and weakness of the country. Some of the inhabitants have frankly owned to him that, if the Spaniards had any spirit or courage, or were helped by the French, they might easily make themselves masters of it. A strong squadron will indeed always be a check on them, but the winds, which are sometimes the most terrible enemies we have, may render shipping of little service. The Island is inhabited by four different nations, the English, Scots, Irish and Jews. "By a modest computation two-thirds of the pretended Christians are not only disafected to the present Government, but zealously in the interest of the Pretender, and of such characters that it's allmost a disgrace to have any intimacy with them. The much greater part of them all are involved in debts, and a great many under prosecution, and so entangled, that 'tis impossible they should ever clear themselves without some extraordinary event." They might prove a broken reed, if tampered with by an enemy who designed an invasion. Refers to Governor Hunter's reports upon the rebellious negroes, "with this adition only, that ye rebel negroes are sayd to keep constant correspondance with ye Spaniards of Cuba." As to the French, he learned on touching at Don Maria Bay that there were 1500 courieurs de bois in that part of Hispaniola alone, whilst an inhabitant of Martinique has recently informed me that there are constantly 2000 regular troops there etc. It will be an age before the fortifying and settling Port Antonio is completed and will cost abundance of men and money. So with the method used in attacking the negroes. "The one seems to me like sending people for health in a countrey infected with ye plague. The other is like sending a great number of men separately and one after the other, to attack an intrenchment or a pass, well guarded by a few etc. "Few people go to Port Antonio but are glad to escape with a severe fit of sickness only and ye expeditions heitherto made against ye negros have been scandallous, and has serv'd only to spirit 'em up and make soldiers of them" etc. Proposes that 1000 men, not regular troops, but married men of some trade, be raised and sent from England under half pay officers etc., with a promise of a grant of land as soon as the negroes are reduced etc., subsequently up to 10,000 such men might be sent. Port Antonio must be made healthy by cutting down the woods about it, on which these men might be employed and in making roads up into the mountains etc. All this to be done at the cost of the Government, for the island is very weak and poor and much divided, and if the work is left to them, it will go on little better than it has been done already etc. Signed, J. Telednor. 6 closely written pp. [C.O. 137, 54. ff. 366, 367, 368-370 v.]
April 30.
St. James's.
132. H.M. Warrant appointing James Wedderburn Clerk of the Common Pleas in S. Carolina. Countersigned, Holles Newcastle. Copy. [C.O. 324, 50. pp. 98, 99 ; and 324, 36. pp. 410, 411.]


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