America and West Indies: July 1734, 21-30

Calendar of State Papers Colonial, America and West Indies: Volume 41, 1734-1735. Originally published by Her Majesty's Stationery Office, London, 1953.

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'America and West Indies: July 1734, 21-30', in Calendar of State Papers Colonial, America and West Indies: Volume 41, 1734-1735, (London, 1953) pp. 164-180. British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol41/pp164-180 [accessed 23 April 2024]

July 1734, 21-30

July 22.
Kensington
248. H.M. Warrant appointing Temple Laws to the Council of Jamaica. Countersigned, Holles Newcastle. Copy. [C.O. 324, 30. p. 468.]
July 22.
Kensington
249. H.M. Warrants appointing Charles Dunbarr to the Councils of Barbados, Bermuda and the Leeward Islands upon the first vacancies therein. Countersigned, Holles Newcastle. Copies. [C.O. 324, 36. pp. 469, 471 i; and 324, 50. pp. 27, 28, 44, 47, 48.]
July 23.
Whitehall.
250. Order of Committee of Privy Council. Referring back to the Council of Trade and Plantations their report of 22nd March, 1733, upon Act of S. Carolina for appropriating £104,725 1s. 3½d. towards payment of the publick debts etc., for their reconsideration, together with petitions preferred by the merchants of London and Bristol against the act; a remonstrance from the Governor, Council and Assembly and a petition by Col. John Peter Purry, both in support of it etc. Signed, Ja. Vernon. Endorsed, Recd. 25th, Read 30th July, 1734. 1 p. Enclosed,
250. i. Copy of Representation of Council of Trade. March 22, 1733.
250. ii. Remonstrance of the Governor of Council and Assembly of S. Carolina to the King. April 9, 1734. The former calamitys of this Province on account of the Spanish and French invasions, and the wars of Indians, which they promoted against it, having about eighteen years ago obliged your Majesty's subjects of this Province to contract so large a debt in supporting of garrisons, and forming expeditions both by land and sea, for many years together, that there was no other expedient then to be used immediately and effectually to provide for the same but by paper bills of credit, for which the publick became indebted; a great part of which have since been cancell'd, partly by a tax levyed on the inhabitants, and partly by dutys which arose heretoforefrom the importation of goods and negroes. The residue your Majesty was graciously pleased to admit us to continue as currency, that your Majesty's Province might not be wholly destitute of money: that being the only legal currency which we have since had in use among us: and though the quantity remaining is very insufficient to answer the exigencys of our present traffick we are surprized to hear that a Petition was lately preferred to your Majesty, said to be "The Petition of several Merchants, and others of the City of London trading to your Majesty's Province of South Carolina" setting forth, "that by an Act of the General Assembly of this Province for appropriating £104,725 towards payment of the publick debt, which was passed with the assent of your Majesty's present Governor, the funds which were settled for calling in and sinking the paper bills of credit formerly issued in this Province being £106,000 are diverted and misapplied, and that a further sum of £104,725 and upwards of paper credit is imposed on your Majesty's British subjects contrary to the publick faith and credit of this Province; and that an attempt has been likewise lately made to raise a further sum of £250,000 in paper credit. All which (the Petitioners say) tend to the great detriment of trade and are highly injurious to the properties of your Majesty's British subjects; and expresly repugnant to several of your Majesty's royall Instructions to your Majesty's Governour here. And that by the said Act an exorbitant duty of ten pounds per head is imposed and continued on negroes imported to the great dammage of the manufacture and trade of the Kingdom of Great Britain; whereby they pray that your Majesty wou'd be pleased to repeal the said Act and that no duty may be imposed for the future on any negroes imported to this Province." All which allegations of the said Petitioners we must beg leave to say, are very unfairly stated to your Majesty, for that the said Appropriation law (which the said Petitioners so greatly complain of) took its rise from your Majesty's Royall Instructions to your Majesty's present Governour here, allowing him to assent to a law that the duty upon negroes might for seven years be continued, and the application thereof suspended from calling in and sinking the remaining part of the paper currency, and the same be appropriated to pay for the surveying your Majesty's townships, and to pay for the passage, provisions and tools of poor Protestant families, that shou'd come here to settle for the defence and improvement of your Majesty's Province. All which the said law provided by appropriating the sum of five thousand pounds currency per annum for the purposes specifyed in your Majesty's said Royall Instruction, which sum was then deem'dan annual sufficiency to accomodate any number of poor Protestants that we cou'd expect here and if a greater supply shou'd be wanting, it was agreed by the General Assembly of this Province that from time to time suitable provision shou'd be made for the same which has been actually fulfilled, there being no more than the sum of five thousand pounds currency per annum, which has since been applied for that good purpose and has proved an inviting encouragement to a considerable number of poor Protestant people to come over from Europe and settle among us who are thereby now comfortably accomodated in several of your Majesty's townships, and many more upon that encouragement are now engaged and daily expected here from Switzerland. As the rest of the fund wou'd but lye dead unless the same was immediately appropriated: we therefore thought it a becoming aeconomy to apply the residue towards the discharge of a debt which heretofore became due from the publick on account of Indian presents, inland forts, scouts, garrisons and rangers, which before your Majesty's purchase we were and still are under a necessity peculiar to this Province unknown to any other part of America in a time of peace to keep in pay for the ordinary defence of the country. Which relief to the old inhabitants has since enabled them to assist newcomers in furtherance of your Majesty's Royall intention; which they have liberally shown by lately raising two thousand pounds for the use of Georgia; and also further affording them guards and rangers at the annual expence of five thousand five hundred pounds per annum levied by a tax on the inhabitants of this Province. But the incurr'd charge we were not in a condition then to provide for by levying of taxes over and above the common contingences without driving away many of the old inhabitants at a time your Majesty was graciously pleased by your said Royall Instruction so liberally and charitably to provide for new ones. We were therefore obliged to issue orders upon interest on the credit of that duty, as well to provide for the expected arrival of poor Protestant settlers as to preserve the faith of the publick, which was so necessarily before engaged for the defence and care of the Province. Those orders the Petitioners are pleased to call a further sum of one hundred and four thousand seven hundred and twenty-five pounds of paper credit, imposed on your Majesty's British subjects, twenty-seven thousand pounds of which were immediately sealed up in the Treasury, were never issued but faithfully cancelled by a Committee of both houses, and the rest are not in the least enforced by way of payment only in case of the merchants are made receivable by the Treasurer for the better discharge of the dutys, and are all to be duly sunk as they come into our Treasury in a course of payment, which must all be done within the space of four years more, at which time by their very tenor they will totally expire. We are at a loss to know upon what foundation the Petitioners shou'd so confidently complain to your Majesty against the continuance of the negroe duty, and the paper currency in use among us, when some of these very petitioners, with several other merchants of the City of London did heretofore petition to the Right Honoble the Lords Commissioners of Trade and Plantations in Great Britain to recommend to your Majesty that you wou'd be graciously pleased to allow the General Assembly of this Province to pass a law, that the law for sinking the paper currency might for seven years be suspended. Which your most sacred Majesty was graciously pleased by your Royal Instructions to your present Gouvenour to admit accordingly on the earnest request of many planters and merchants in that particular, which very law the Petitioners now oppose, and endeavour to get disannulled by your Majesty, we are in these circumstances very unfortunate to be under a necessity of answering complaints against a law, which took its rise from the said merchants' representation and request as is set forth in your Majesty's said gracious Instruction. The Petitioners had a little reason to charge the Assembly of this Province with an attempt lately made to raise a further sum on paper credits, by cavilling at a scheme which was lately here on foot to give our currency a value, and to establish the same on a better basis; which we were not in a condition then to accomplish, but hope it's practicable, that still we may with due conformity to your Majesty's Royall Instruction and with equal convenience, as well to the trading as the planting interest: for since your Majesty's subjects of this Province have had the happiness of being under the immediate care and protection of your most sacred Majesty a very sensible increase of our trade naturally requires an increase of our currency, our yearly exports are hardly short of one hundred and ten thousand pounds sterling, and not above one hundred and five thousand pounds left of a wasting paper currency for the use of our inland traffick which in the whole does not exceed the sum of fifteen thousand pounds sterling. We therefore hope your Majesty will be graciously pleased to reject the said Petition; and not be deprived of the many advantages accruing to your Majesty's service from the continuance of the duty on negroes imported, which is only to continue about four years longer: and what the Petitioners call an exorbitant duty of ten pounds per head is only equal to twenty-eight shillings and sixpence sterling. For shou'd your Majesty be pleased to comply with the request of the Petitioners, some of whom are utter strangers as well to the proceedings, as to the condition of this Province, by your Majesty's disannulling those laws for establishing the negroe duty for seven years and for appropriating the same which now lye before your Majesty for your Royall Assent and approbation; it wou'd not only be impossible for your Majesty's subjects of this Province at this critical juncture to raise by any extraordinary taxes so large a sum as that fund wou'd require, over and above the necessary charges which we already find so burthensome; and in case of a war must (we fear) be very grievous; but the poor Protestant families must go back disappointed who come here in expectation of the bounty designed by your Majesty's Royall Instruction and the whole country must inevitably be put into the utmost confusion by annihilating those orders, which principally depend on the duty upon negroes. The sudden distruction of which before they are legally paid in, and cancelled wou'd at this time prove an irreparable loss to many British merchants trading to this Province, in the hands of whose factors the greatest part of those orders are center'd. The importation of negroes, we crave leave to inform your Majesty, is a species of trade that has exceedingly increased of late in this Province where many negroes are now train'd up to be handicraft tradesmen, to the great discouragement of your Majesty's white subjects, who come here to settle with a view of employment in their several occupations, but must often give way to a people in slavery: which we daily discover to be a great obstruction to the settlement of this frontier with white people. So, that we must most humbly suggest to your Majesty the said Petition was never duly weighed by the persons that subscribed it, who trade to this Province in British manufactures, but was rather projected by a few negroe merchants and some other designing persons, who have several debts of that paper credit, now outstanding, upon mortgages, judgments, and other good securitys; who by destroying the currency must unquestionably procure possession of the greatest part of the estates real and personal in this Province. And the merchants that deal in British manufactures prove at length the final sufferers, whose debts are outstanding on the weaker foundation of book accounts and personal promises. Signed, (in the Council Chamber, the 9th day of April, 1734) Robt. Johnson, Thos. Broughton Presdt., Paul Jenys Speaker. 9¼ pp.
250. iii. Petition of Col. John Peter Puny to the King. The repeal of abovementioned act, passed for encouraging the new comers, would deprive those Protestants he has already settled there, and those now going thither of the necessary assistance. They would be utterly unable to subsist etc. Set out, A.P.C. III, p. 393. Copy. 2 pp. [C.O. 5, 363. ff. 86, 87–90, 91–95 v., 97, 97 v., 99 v.]
July 23. 251. Mr. Fane to the Council of Trade and Plantations. In obedience to your Lordships' commands signified to me by Mr. Popple desiring my opinion in point of law whether the townships of Purrysbourg in Carolina being pursuant to H.M. Instructions set out for the use of certain people and H.M. having declared that all the land within six miles thereof shall not be taken up by any person claiming a right under old grants which have not been taken up shall not be deemed such an effectual taking up of the said lands for H.M. use as to invalidate ye claim of any person who shall subsequent to the said Instructions and proclamation take up land there: and I humbly certifie to your Lordships that I think the grantees of the late Lords Proprietors under the general power granted to them of taking up such quantities of land in such places as they shall think fit, since they neglected to do it previous to H.M. Instructions and declaration, shall not now be permitted to pitch upon lands already settled but must have the effect and operation of their grants upon lands now unsettled, etc. Signed, Fran. Fane. Endorsed, Recd., Read July 23, 1734. 1¼ pp. [C.O. 5, 363. ff. 84, 84 v., 85 v.]
July 23.
Whitehall.
252. Order of Committee of Privy Council. Referring following to the Council of Trade and Plantations for their report. Signed, Ja. Vernon. Endorsed, Recd. 25th, Read 30th July, 1734. 1 p. Enclosed,
252. i. Memorial of Governor, Council and Assembly of S. Carolina to the King. 9th April, 1734. Representation of the state of S. Carolina. Your Majesty's etc. most dutiful subjects of this Province having often felt with hearts full of gratitude, the many signal instances of your most sacred Majesty's peculiar favour, and protection to these distant parts of your Dominions; and especially those late proofs of your Majesty's most gracious and benign care, so wisely calculated for the preservation of this your Majesty's frontier Province on the Continent of America by your Royall Charter to the Trustees for establishing the Colony of Georgia, and your great goodness so timely applied in promoting the settlement of the Swiss at Purrysburgh, encouraged by such views of your Majesty's wise, and paternal care extended to your remotest subjects; and exited by the duty which we owe to your most sacred Majesty to be always watchful for the support and security of you Majesty's interest, especially at this very critical conjuncture when the flame of a war breaking out in Europe may very speedily be lighted here in this your Majesty's Frontier Province, which in situation is known to be of the utmost importance to the general trade and traffick of America. We therefore, your Majesty's most faithful Governor. Council and Commons convened in the General .Assembly of your Majesty's Province of South Carolina, crave leave, with great humility, to represent to your Majesty the present state and condition of this your Province, and how greatly it stands in need of your Majesty's gracious and timely succour in case of a war to assist our defence against the French and Spaniards or any other enemys to your Majesty's Dominions; as well as against the many nations of savages which so nearly threaten the safety of your Majesty's subjects. The Province of Carolina, and the new Colony of Georgia are the Southern frontiers of all your Majesty's Dominions on the Continent of America: to the south and south west of which is scituate the strong castle of St. Augustin, garrison'd by four hundred Spaniards, who have several nations of Indians living under their subjection; besides several other small settlements or garrisons near the Appallatchys, some of which are not eighty miles distant from the Colony of Georgia. To the south-west and west of us, the French have already erected a considerable town near Fort Thoulouse on the Moville River, and several other forts and garrisons; some not above three hundred miles distant from our settlements. And at New Orleans on the Mississippi River since her late Majesty Queen Ann's warr, they have exceedingly increased their strength and traffick; and have now many forts and garrisons on both sides of that large river for several hundred miles up the same. And since his Most Christian Majesty has taken out of the Mississippi Company the government of that country into his own hands, the French natives of Canada come daily down in shoals to settle all along that river; where many regular forces have of late been sent over by the King to strengthen the garrisons in those places; and according to our best and latest advices, they have five hundred men in pay constantly employed as wood-rangers to keep their neighbouring Indians in subjection, and to prevent the distant ones from disturbing their settlements. Which management of the French has so well succeeded, that we are very well assured, they have wholly now in their interest, and under their influence the several numerous nations of Indians that are situate near the Mississippi River; one of which called the Chactaws by estimation consist of about five thousand fighting men: and who were always deemed a very warlike nation, lyes on this, side the river, not above four hundred miles distant from our out settlements; among whom as well as several other nations of Indians many French Europeans have been sent to settle whom the priests and missionarys among them encourage to take Indian wives; and use divers other alluring methods to attach the Indians the better to the French alliance. By which means the French are become throughly acquainted with the Indian way of warring, and living in the woods; and have now a great number of white men among them able to perform a long march with an army of Indians upon any expedition. We further beg leave to inform your Majesty that if the measures of France should provoke your Majesty to a state of hostility against it in Europe, we have great reason to expect an incursion will be here made upon your Majesty's subjects, by the French, and the Indians, from the Mississippi settlements they have already paved a way for a design of that nature, by erecting a fort called the Albama Fort alias Fort Lewis in the middle of the upper Creek Indians upon a navigable river leading to Moville, which they have kept well garrison'd and mounted with fourteen pieces of canon; and have lately been prevented from erecting a second nearer to us in that quarter. The Creeks are a nation very bold, active and daring, consisting of about thirteen hundred fighting men (and not above one hundred and fifty miles distant from the Chactaws) whom tho' we heretofore have traded with, claimed and held in our alliance, yet, the French on account of that Fort, and a superior ability to make them liberal presents, have been for some time striving to gain them over to their interest, and have succeeded with some of the towns of the Creeks, which, if they can be secured in your Majesty's interest, are the only nation that your Majesty's subjects can depend upon as their best barrier against any attempts either of the French or their confederate Indians. We most hunbly pray leave further to inform your Majesty, that the French at Moville perceiving that they cou'd not gain the Indians to their interest without buying their deerskins (which is the only commodity the Indians have to purchase necessarys with) and the French not being able to dispose of those skins, by reason of their having no vent for them in old France, they have found means to encourage vessels from hence, New York and other places (which are not prohibited by the Acts of Trade) to truck those skins for Indian trading goods especially the British woollen manufactures, which the French dispose of to the Creeks, Chactaws, and other their Indians, by which means the Indians are much more alienated from our interest, and on every occasion object to us that the French can supply them with shrouds and blankets as well as the English: which would have the contrary effect if they were wholly furnished with those commodities by your Majesty's subjects trading among them. If a stop was therefore put to that pernicious trade with the French, the Creek Indians' chief dependance woud be on this goverment and that of Georgia to supply with those goods, by which means great part of the Chactaws living next the Creeks wou'd soon see the advantage the Creek Indians enjoy'd, by having British woolen manufactures wholly from your Majesty's subjects, and thereby be invited in a short time to enter into a Treaty of Commerce with us, which they have lately made some offers for; and which if effected will soon lessen the interest of the French with these Indians and by degrees attach them to that of your Majesty. The only expedient we can propose to recover and confirm that nation wholly to your Majesty's interest is by speedily making them presents to withdraw them from the French alliance, and by building some forts among them, your Majesty may be put in such a situation that on the first notice of hostilitys with the French your Majesty may be able to reduce at once the Albama Fort, and we may then make a stand against the French and their Indians, which if not timely prepared for before a war breaks out, we have too much reason to fear we may be soon over run by the united strength of the French, the Creeks and the Chactaws, with many other nations of their Indian allies. For shou'd the Creeks become wholly our enemys; who are well acquainted with all our settlements, we probably shou'd also soon be deserted by the Cherokees, and a few other small tribes of Indians, who for the sake of our booty woud readily joyn to make us a prey to the French and savages. Ever since the late Indian war the offences given us by the Creeks have made that nation very jealous of your Majesty's subjects of this Province; we have therefore concerted measures with the Honble. James Oglethorpe Esq. who being at the head of a new colony will (we hope) be successful in securing your Majesty's interest among that people. He has already by presents attached the Lower Creeks to the service of your Majesty and has laudably undertaken to endeavour the fixing of a garrison among the upper Creeks, the expense of which is already in part provided for in this Session of the General Assembly of this Province; we hope thereby to prevent the French from incroaching further on your Majesty's territorys until your Majesty is graciously pleased further to strengthen and secure the same. We find the Cherokee nation have lately become very insolent to your Majesty's subjects trading among them, notwithstanding the many favours which the chiefs of that nation received from your Majesty in Great Britain, besides a considerable expence which your Majesty's subjects of this Province have been at in making them presents: which inclines us to believe that the French by their Indians have been tampering with them. We therefore beg leave to inform your Majesty that the building and mounting some forts also among the Cherokees and making them presents will be highly necessary to keep them steady in their duty to your Majesty, lest the French may prevail in seducing that nation; which they may the more readily be inclined to from the prospect of getting considerable plunder in slaves, cattle and commoditys, which they very well know we have among us. Several other forts will be indispensably necessary to be a cover to your Majesty's subjects settled backwards in this Province, as also to those of the Colony of Georgia, both which in length are very extensive. For though the trustees for establishing the Colony of Georgia, by a particular scheme of good management, painfully conducted by the gentleman engaged here in that charitable enterprize, have put that small part of the Colony which he has been yet able to establish in a terrible condition against the Spaniards of Florida, which lye to the southward, yet the back exposition of both these Colonys to the vast numbers of French and Indians which border on the westward must in case of a war cry greatly aloud for your Majesty's gracious and timely succor. The expence of our safety on such an occasion we must in all humility acquaint your Majesty either for men, or money can never be effected by your Majesty's subjects of this Province who in conjunction with Georgia do not in the whole amount to more than three thousand five hundred men that compose the militia, and wholly consist of planters, traders and other men in business. Besides the many dangers which by land we are exposed to, from so many enemyes that he on the back of us: we further beg leave to represent to your Majesty the defenceless condition of our ports and harbours, where any enemys to your Majesty's Dominions may very easily by sea invade us, there being no fortifications capable of making much resistance. Those in Charles Town Harbour are now in a very ruinous condition, occasioned by late violent storms and hurricanes; which already cost this country a great deal of money and will now require several thousands of pounds to repair the old, and to build new ones, to mount the ordnance that your Majesty was graciously pleased to send us: which with great concern we must inform your Majesty we have not yet been able to accomplish, being latterly obliged for the defence and support of this your Majesty's Province and Government to raise by a tax on the inhabitants a supply of above forty thousand pounds paper currency p. annum which is a considerable deal, more than a third part of all the currency among us: a charge which your Majesty's subjects of this Province are but barely able to sustain, since by your Majesty's Royall Instruction to your Majesty's Governor here, an intire stop has been put to the dutys which before accrued from European goods imported and if a war shou'd happen, or anything extraordinary to be further expensive here, we shou'd be under the utmost difficultys to provide additionally for the same, lest an increase of taxes with the apprehension of danger should drive away many of our present inhabitants as well as discourage others from coming here to settle for the defence and improvement of your Majesty's Province, there being several daily moving with their familys and effects to North Carolina, where there are no such fears and burthens. We must further beg leave to inform your Majesty that amidst our other perilous circumstances, we are subject to many intestine dangers from the great number of negroes that are now among us, who amount at least to twenty-two thousand persons, and are three to one of all your Majesty's white subjects in this Province. Insurrections against us have been often attempted, and wou'd at any time prove very fatal if the French shou'd instigate them by artfully giving them an expectation of freedom. In such a situation we most humbly crave leave to acquaint your Majesty that even the present ordinary expences necessary for the care and support of this your Majesty's Province and Government cannot be provided by your Majesty's subjects of this Province without your Majesty's gracious pleasure to continue those laws for establishing the negroe and other dutys for seven years and for appropriating the same which now lye before your Majesty for your Royal Assent and approbation. And the further expences that will be requisite for the erecting some forts, and establishing garrisons in the several necessary places so as to form a barrier for the security of your Majesty's Province, we most humbly submit to your Majesty your Majesty's subjects of this Province with fulness of zeal, duty and affection to your most gracious and sacred Majesty are so highly sensible of the great importance of this Province to the French, that we must conceive it more than probable, if a war should happen, they will use all endeavours to bring this country under their subjection. They wou'd thereby be able to supply their sugar islands with all sorts of provisions and lumber by an easy navigation; which to our great advantage is now not so practicable from the present French Colonys. Besides the facility of gaining then to their interest most of the Indian trade in the Northern Continent they might then easily unite the Canadees and Chactaws, with the many other nations of Indians which are now in their interest. And the several ports and harbours of Carolina and Georgia, which now enable your Majesty to be absolute master of the passage through the Gulph of Floriday and to impede at your pleasure the transportation home of the Spanish treasure wou'd then prove so many convenient harbours for your Majesty's enemys by their privateers or ships of war to annoy a great part of the British trade to America, as well as that which is carryed on through the Gulph from Jamaica besides the loss which Great Britain wou'd feel in so considerable a part of its navigation, as well as the exports of masts, pitch, tar and turpentine, which without any dependance on the Northern Powers of Europe are from hence plentifully supplied for the use of the British shipping. This is the present true state and condition of your Majesty's Province of South Carolina utterly incapable of finding funds sufficient for the defence of this wide frontier; and so destitute of white men, that even money itself cannot here raise a sufficient body of them. With all humility we therefore beg leave to lay ourselves at the feet of your Majesty, humbly imploring your Majesty's most gracious care in the extremitys we shou'd be reduced to, on the breaking out of a war, and that your Majesty will be graciously pleased to extend your protection to us; as your Majesty in your great wisdom shall think most proper. Signed (in the Council Chamber, South Carolina, the 9th day of April, 1734), Robt. Johnson, Thos. Broughton, Presidt., Paul Jenys, Speaker. 13 pp. [C.O. 5, 363. ff. 100, 101–107, 109 v.]
July 24.
Whitehall.
253. Mr. Popple to John Willes, Esq., Attorney General, and Dudley Rider Esq., Sollicitor General. Requests dispatch of bill, now before them, concerning H.M. quit-rents in S. Carolina. [C.O. 5, 401. p. 97.]
July 25.
Whitehall.
254. Same to Same. States case and submits query as to S. Carolina lands, as in letter to Mr. Fane, July 16 supra. Adds: The usual custom in this Province, and in all others in America, has been, that previous to grants made to any person, a survey has been made by a proper officer, and upon ye return of such survey, grants have been issued by ye Governor; and in ye case of Carolina, altho' grants or warrants for great tracts of land have frequently been made by the late Lords Proprietors, to particular persons, yet such warrants have generally been directed to ye Governors for ye time being, who upon rect. thereof have issued their warrants for a survey, and upon return of such survey, have made out grants as aforesaid. But there have been some exceptions in Carolina to this general method. And there are some grants from the late Lords Proprietors, wherein there has been a direction inserted to ye Surveyor General, to lay out the land for the grantee, upon application within 20 days' notice of such grants etc. Annexes copy of Lowndes grant. Continues: It has been generally esteened lawful to survey any lands for the purpose aforesaid, provided they had not been already survey'd by legal authority, for any other person. And by this means agrantee might come into possession of his land without the knowledge or consent of the Governor. We cannot possitively determine upon wt. foundation ye several persons, who have encroached upon ye township of Purrysbourgh. form'd their rt. of survey, except only one of them, who claims by a mean conveyance, under the grant annexed. But ye question we desire to be resolv'd is whether the King's Instructions together with the Governor's Proclamation etc. (v. July 16), which proclamation was subsequent to the marking out of ye township of Purrybourgh, and previous to the surveys encroaching upon the 6 miles round about the said township, shall have sufficiently ascertained the property of the said 6 miles, so as to secure the same from being taken up by any other persons by virtue of any general grants or warrants from the late Lords Proprietors. [C.O. 5, 401. pp. 98–101.]
July 24.
Whitehall.
255. Duke of Newcastle to Governor Johnson. You will receive this letter by Mr. John Johnson, who is going with his family and servants to settle in South Carolina. He has the character of a very honest man, and of being well affected to H.M. person and Government, and has been well recommended to me. I must therefore desire you will assist him with your good offices in the providing himself with a settlement there, and favour him with your countenance and protection, whenever he may stand in need of them. Signed, Holles Newcastle. Copy. ¾ p. [C.O. 5. 388. f. 118.]
[July 24.] 256. Petition of John Johnson to the Earl of Cholmondeley. Prays him to obtain a letter from the Duke of Newcastle to above effect. Copy. 2/3 p. [C.O. 5, 388. f. 120.]
July 24.
Whitehall.
257. Council of Trade and Plantations to the Lords of the Committee of Privy Council. Representation upon Order of Committee of Council, 18th April, 1734, q.v., upon the want of stores of war in Barbados and the Leeward Islands. Continue: Whereupon we have consulted the Agents of Barbados and the Leeward Islands, who having given us the best information they could, in answer to our several queries; we take leave to acquaint your Lordships, that with respect to the quantity of stores necessary for Barbados and the Leeward Islands, and the distribution of them to each Island respectively, we have no rules whereby to form our judgment, except the demands made by the Governors of those Colonies, and the returns which we have of the number of people fit to bear arms in each of them. By the returns from Mr. Worsley, the late Governor of Barbados in the year 1724, in answer to our general queries, the number of men in that Island fit to bear arms was 4812, and they are now computed by the Lord Howe, the present Governor of this Colony, to be 4708; Colo. Hart, Governor of the Leeward Islands, acquainted us in the same year 1724, that the number of the militia in each of those Islands was as follows, at Antegoa, 1400; St. Christophers, 1200; Nevis, 300, Mountserrat, 350;Anquilla, 85; Spanish Town, 78, Tortola, 100. Total, 3513. In the letter which we lately reced. upon this subject from the Lord Howe, the present Governor of Barbados, he desires to be supplyed with four thousand swords, and as many firelocks, with bayonets, and amongst the stores petitioned for by the Agents of the Leeward Islands, there is an article of two thousand swords for the use of the foot militia, and altho in our Representation to H.M., upon that Petition we humbly proposed, that such a supply might be granted them, as H.M. in his great wisdom should think proper, yet since your Lordships have been pleased to refer the consideration of both the demands back again to us, and to ask our opinion thereon, we think it proper to inform your Lordships that we apprehend, swords would be useless to a militia well provided with muskets and bayonets. In all these Islands there are Acts in force for the settlement and regulation of the militia, by which every man of that body is obliged to provide himself with certain arms and accoutrements which we shall describe particularly when we come to give a distinct account of those laws; but it is much to be doubted whether they have the arms required by their laws, and whether such as they have are in good condition for service, arms of all sorts and particularly firelocks being more subject to decay in hot countries than in more moderate climates. We must likewise have recourse to the aforementioned returns from the Governors of Barbados and the Leeward Islands to judge what number and quantities of great guns and stores attending them, may be requisite for the supply of these Colonies, and by the account received in answer to our queries in 1724 of the several forts and batteries raised in these Islands, with the number of cannon mounted upon them, and the condition of the stores and ammunition that were then in the magazines. We do find that in Barbados, there were no less than 22 castles and forts, and 26 batteries in the year 1724, mounted with 463 pieces of ordnance of all denominations; but Mr. Worseley computed that there was about 100 peices of ordnance wanting at that time to compleat the fortifications, most of the cannon in the Island being honeycombed, all the fortifications and stores in a ruinous condition, and the small arms, swords and bayonets in the magazine all gone to decay: all which being considered we are humbly of opinion, that H.M. should be graciously pleased to comply with the present demand made by the Lord Howe and the Council of Barbados, for a supply of 100 peices of cannon and of 4000 muskets, fixed with bayonets, which seem to be necessary for the defence of this Island, in case of a rupture with France; But we conceive, that all the Colonies should pay for their small arms and powder, because they are obliged by their Militia Acts to supply themselves with such arms, and they do all of them lay a powder duty upon all ships coming into their respective ports. With respect to the Leeward Islands, the fortification of greatest importance in those Colonies, is Monks Hill Fort, in the Island of Antigua, which in 1724 was mounted with 42 peices of cannon, and had a magazine in it containing about 800 arms in goodorder: There is also another fort erected at the mouth of St. John's River, with 14 peices of cannon, and seven other batteries for defence of the different landing places which together are mounted with 46 peices of ordnance. The principal fortification in the Island of St. Christophers and the compleatest work of the kind in the West Indies, is the fort erected on Brimstone Hill, which is mounted with 42 large cannon, and has a magazine which in the year 1724, was furnished with 400 small arms, and well supplyed with all necessaries for defence. Charles Fort is another fortificatn. of this Island, which in 1724 had 27 cannon mounted and 3 unmounted, fit for service, with military stores in proportion. There are six other batteries in this Island erected at so many landing places, which together are mounted with 43 peices of cannon. There is only one old ruined fort on the Island of Nevis, mounted with 15 guns, and one ruined battery of 7 guns in the Island of Montserrat; and these Islands seem at present to be incapable of putting themselves in a better posture of defence, having suffered very much from the enemy in the last war, to whose depredations they would lye very much exposed in case of another. We have already observed that the militia of the Leeward Islands in 1724, amounted to 3513 men, and the Agents of Antigua and St. Christophers have amongst other stores specifyed in the annex'd schedule, petitioned to be supplyed with 500 carbines, fixed with bayonets, which we apprehend may be necessary for their horse militia in general. But as to the several articles contained in the schedule of their demand, we have made our particular observations thereupon, which we beg leave to annex by way of appendix to this report, and we are humbly of opinion that these arms, and such other stores as it shall be thought adviseable to supply them with, should be sent to Antigua, which being the most windward Island, they may from thence be easily distributed to the rest: but we would propose that this distribution should be forthwith made upon their arrival at Antigua, in proportion to the numbers of the militia in each of the said Islands. With regard to the expence which these Colonies have been at from time to time for their own defence and preservation, it appears from the annex'd list of Acts, that Barbados and the Leeward Islands, particularly Antigua and St. Christophers, have from time to time raised great sums of mony and made large assessments upon themselves for building and repairing their fortifications, for supplying their militia and their magazines with arms and military stores, and for several other purposes as will best appear from the titles of the Acts passed since the year 1688; which being very numerous we have thought proper to add an acct. of them by way of Appendix, to this Report. But as we are not able to ascertain the particular sums that have been raised and applyed to these purposes, because the auditing the publick revenues in those Islands has been generally reserved, by the Acts which gave birth to them, to a Committee of the Council and Assembly in each Island; in so much that the Deputies to the Auditor of the Plantations who reside constantly in Barbados and the LeewardIslands have not been able to transmit duplicates of those accounts to the Auditor's office; and the instructions which have been constantly given to the Governors of all H.M. Plantations to transmit duplicates of all publick accounts properly audited and attested to the Lords of H.M. Treasury and to this Board, have not been regularly complyed with. As to the decrease of white inhabitants in Barbados and the Leeward Islands, many considerations have occurred to us, and others have been suggested by the Agents of those Colonies, as the concurrent causes of this diminution, the principal of which are these: 1st, the low price of sugar in England, and the high duties and other inconveniencies which the English planters and sugar traders labour under and which our merchants affirm to be greater than those laid by the French Govt. upon their subjects in those parts who are our rivals in this branch of commerce. 2nd, the weak and defenceless condition of these Colonies arising from their smallness and incapacity of maintaining sufficient numbers of people for their defence, in proportion to the larger Islands in their neighbourhood in possession of the Crowns of France and Spain wch. has induced many of the planters to retire to places of greater security. 3rd, the non-observance of the laws which oblige the owners of land to keep certain numbrs. of white servants in proportion to the numbers of their negroes, and also the breeding up and employing negroe slaves in handicraft trades, such as carpenters, coopers, millwrights, mason etc. and in navigating sloops and other small vessels in the trade carryed on amongst the several Islands in the neighbourhood of these Colonies, which must naturally take away the means of subsistence from European artizans and marrinrs. 4th and lastly, the unreasonable desire which the richer inhabitants have to engross immoderate quantities of land which has obliged the poorer sort to seek settlements in other countries, etc. Annexed,
257. i. (a) List of titles of Acts of Barbados, 1688–1699, for raising money for building and repairing fortifications, and supplying the militia etc. with arms and ammunition etc.
(b) An account of similar acts passed, 1700–1732. [C.O. 29, 16. pp. 1–33.]
July 24.
Whitehall.
258. Council of Trade and Plantations to the Duke of Newcastle. Enclose following received yesterday. Autograph signatures. 1 p. Enclosed,
258. i. President Ayscough to the Board of Trade, May 11th, 1734 supra. [C.O. 137, 47. ff. 234, 237, 237 v. and without enclosure. C.O. 138, 18. p. 1.]
July 25.
Whitehall.
259. Duke of Newcastle to the President of the Council of Jamaica. The transports being ready to sail for Gibraltar, in order to take on board there the six Independent Companys, which I acquainted you, in my letter of the 6th of last month, H.M., out of his great goodness to his people of Jamaica, had determined to send to their assistance, against their rebellious negroes, I make use of the opportunity to transmit to you a duplicate of my said letter, and to acknowledge yours of the 4th of April and 11th of May, which I have since received and laid before the King. H.M. was pleased to command your care and diligence, in sending out a party against the negroes in rebellion, and was glad to find it had been so successfull, and that the assembly was come to a resolution to fit out two others forthwith, which it is to be hoped, from the consternation the rebells must be in, upon their late loss, will be able to obtain still greater advantages over them. I am persuaded your best endeavours will not be wanting to contribute thereto, in which I heartily wish you success. Signed, Holles Newcastle. [C.O. 137, 55. ff. 69, 69 v.; and 324, 36. p. 472.]
July 29.
Antigua.
260. Governor Mathew to the Council of Trade and Plantations. I pray your Lordships will accept my thanks for your reports in favour of my several Acts of Settlement, H.M. confirmation of those for this Island. Nevis and St. Christophers I have received. I shall allways endeavour to demean myself as I ought in return for your Lordships' indulgence to me. One of my English letters says, some difficulty arose on the acco. of stores I sent home to ask for, to put these Islands in a tolerable state of defence, for that I had not specify'd the proportion for each Island. I beg your Lordships' taking in good part the reason why I did not. The four Islands are but one Government, I am chiefly accountable to H.M. for their safety. What might have been a right distribution when I wrote might happen not to be so hereafter. These Islands are a little too tenacious of what they call their own, one island might be attack'd, the other grumble at my supplying urging necessities. I dare not say anything to your Lordships without good reason, H.M. stores here are all his own and at my disposal, and with humble submission must be so, and accountable for to him only, or as he shall appoint, it may be in case of necessity I must have exerted H.M. authority disagreably to the Island out of danger, but it must be so. The stores coming for the whole Government, remove all such pretence of dislike or resentment. I humbly submitt these reasons to your Lordships etc. Signed, William Mathew. Endorsed, Recd. 3rd Oct., 1734, Read 30th July, 1735. Holograph. 2 pp. [C.O. 152, 21. ff. 89, 90, 90 v.]
July 30.
Kensington.
261. H.M. Warrant appointing John Lawton, Nicholas Paxton and Abraham Farley, during the term of their natural lives and the life of the longest liver of them, to the office of Clerk of the Supreme Court in Jamaica, surrendered by John Page etc. Countersigned, Holles Newcastle. Copy. [C.O. 324, 36. pp. 473, 474; and 324, 50. pp. 16–18.]
July 30.
Kensington.
262. H.M. Warrant appointing John Lawton, Nicholas Paxton and Abraham Farley to the offices of Clerk of the Crown and Peace in Jamaica etc. Countersigned, Holles Newcastle. Copy. [C.O. 324, 36. p. 475; and 324, 50. pp. 18, 19.]