America and West Indies: November 1735

Calendar of State Papers Colonial, America and West Indies: Volume 42, 1735-1736. Originally published by Her Majesty's Stationery Office, London, 1953.

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'America and West Indies: November 1735', in Calendar of State Papers Colonial, America and West Indies: Volume 42, 1735-1736, (London, 1953) pp. 106-123. British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol42/pp106-123 [accessed 20 April 2024]

November 1735

Nov. 5. 158. Lt. Governor Gooch to the Duke of Newcastle. I received the 15th of the last moneth the honour of your Grace's letter of the 28th of March last, by the hands of my Lord Fairfax, whose private affairs in the Northern Neck, where his estate lyes, has employed his time ever since his arrival in this Government, which was in May. We have now agreed upon settling his Lordship's boundarys, pursuant to H.M. commands, and Commissioners will shortly be nominate d on both parts to sett out upon that service as soon as the season of the year will permit, though it is like to prove a work of some difficulty, by reason of the uncertain extent of his Lordship's grant. But I beg leave to assure your Grace that in the progress of this affair his Lordship shall receive all the justice and favour, which I can give consistent with my duty to H.M., and the particular regard yr. Grace's recommendation will always have with one who is with the most profound duty and respect. Your Grace's most obliged and most obedient humble servant. Signed, William Gooch. Endorsed, R. 24th Jan. Holograph. 1 p. [C.O. 5, 1337. ff. 185, 186 v.]
Nov. 5.
Virginia.		 159. Lt. Governor Gooch to the Council of Trade and Plantations. By the hand of my Lord Fairfax I received the honour of your Lordships' letter, with a copy inclosed of an Order of H.M. in Privy Council for appointing Commissioners to survey and settle the boundaries of his lordship's grant. Accordingly we have agreed to nominate persons on both parts who shall set out on that service in the Spring, the properest season in the year for such a work, and I hope that difficult affair will now be determined to the satisfaction of His Majesty and with all the favour to Lord Fairfax which is consistent with His Majesty's interest and service. Transmits account of H.M. revenue of 2s. per hogshead for the last half year. Signed, William Gooch. Endorsed, Recd. Jan. 31, 1735/6, Read March 18, 1735/6. Enclosed,
150. i. Account of H.M. revenue of 2s. per hogshead etc. arising in the Colony of Virginia from 25 April, 1735, to 25 October, 1735. Receipts 9,113l. 8s. 1d. Disbursed, 2,960l. 19s. 1d. Signed by John Grymes, Receiver General. Certified by John Blair, Deputy Auditor and William Gooch. 2 pp. [C.O. 5, 1323. ff. 183–186.]
Nov. 6.
St. James's.		 160. Order of King in Council. Approving draught of additional Instruction to Governor Mathew empowering him to pass an Act in Montserrat for levying a powder duty etc. Signed, Ja. Vernon. Endorsed, Recd. 4th, Read 5th Dec., 1735. 1 p [C.O. 152, 22. ff. 15, 16 v.]
Nov. 6.
Whitehall.		 161. Order of King in Council. Appointing William Forbes, James Innes and Thomas Wardroper to the Council of N. Carolina, in the room of Messrs. Ashe, Stallard and Eyans etc. Signed, Ja. Vernon. Endorsed, Recd. 4th, Read 5th Dec., 1735. 12/3 pp. [C.O. 5, 294. ff. 234, 234 v., 235 v.]
Nov. 6.
Whitehall.		 162. Mr. Popple to Mr. Fane. Encloses 8 Acts of the Massachusetts Bay, 1735, for his opinion thereon in point of law. List annexed. [C.O. 5, 917. pp. 151, 152.]
1735.
Nov. 10.
Boston.		 163. Mr. Willard to Mr. Popple. Encloses public papers for half year ending August—Minutes of Council and of Assembly, Acts passed and Treasurer's accounts for the year etc. Signed, Josiah Willard. Endorsed, Recd. 9th Feb., Read 20th Oct., 1736. 2/3 p. Enclosed,
163. i. Accounts of Jeremiah Allen, Treasurer and Receiver of H.M. Revenue, Massachusetts Bay, 29th May, 1734–1735. Signed, Jer. Allen. Endorsed, Recd. 9th Feb., 1735/6. 22 pp. [C.O. 5, 879. ff. 59, 60 v.–71 v., 72 v.]
Nov. 10.
Whitehall.		 164. Mr. Popple to Capt. Burrington. I beg the favour of you to inform me by whom the Provost Marshal of N. Carolina is appointed, and how paid; as likewise whether there is a Province gaol; at whose charge built, and by whom maintained. [C.O. 5, 323. f. 112 v.]
Nov. 11. 165. Capt. Burrington to Mr. Popple. Sir, In answer to the letter I received from you last night ; this is to acquaint you, that the Provost Marshall of North Carolina is appointed by the King, he is paid by the province for summoning the Council, and other services of the publick, he has fees setled by Act of Assembly for the businesses done by himself and deputys, between the people that go to law ; a list of the Fees belonging this officer, may be found in the Laws of that country, now in the plantation office. There is in North Carolina a province Goal, built att Edenton, where the General Court is allways held, att the charge of the publick, att whose expence it is kept in repair. Sir, haveing answer'd your letter, it may not be very improper to inform you, that most if not all the precincts have a particular prison, built att the charge of each precinct; the number of the precincts when I left N. Carolina were thirteen. Signed, Geo. Burrington. Endorsed, Recd., Read 11th Nov., 1735. 1 p. [C.O. 5, 294. ff. 223, 236 v.]
Nov. 12.
Shoreham
at Gibraltar.		 166. Capt. Towry to Mr. Popple. Encloses following. Signed, J. Towry. Endorsed, Recd. 9th, Read 10th Dec., 1735. Holograph. 1 p. Enclosed,
166. i. Copy of Heads of Enquiry relating to the Fishery and Trade of Canso and parts adjacent.
166. ii. Replies to preceding by Capt. John Towry. (1) As this fishery is carried on by schooners on the Banks non of those utensils are made use of at Canso. (2) No boats for fishing are used here nor train fats for making oyle. (3) The fishery carried on by the people of New England only. (4) Supplyed from England in part, and part from New England. (5) In shares according to the place they fitt out from in New England. (6) The fishery carried on by schooners on the Banks and no boats fitted out here. (7) Five famulys who subsist by helping the fishermen in summer, keeping houses of entertainment and cutting wood in the winter. (8) The houses at a convenient distance and room left for flakes in a proper manner. (9) The flakes according to the custome of Newfoundland but no fishing boats here. (10) No fishery carried on by ships on the Banks, by schooners only. (11) Answered as above. (12) Five houses of entertainment and those keept by the inhabitants, the fishermen supplyed by their owners. (13) No fishery carried on by the inhabitants. (14) No handycraftmen belonging to Canso but those belonging to the souldery. (15) A charge was by me given to the fishermen to take particular care in curing their fish. (16) Salted on the Banks where taken and carried on flakes ashore as in Newfoundland and ten hogsheads of salt to every hundred quintals. (17) The Masters of sack ships not to ship but only merchantable fish, the only way to prevent complaints. (18) The officers of the garrison do not concern themselves in the fishery, so far as is within my knowledge. (19) State of the strength, trade and fishery of Cap Breton in 1735. The grand battery mounts 44 guns of 48 pounders and the two towers 4 of the same nature. The island at the entrance of the harbour mounts 26 guns of 36 pounders. The Dauphin's battery at the town gate mounts 24 guns of 24 pounders. The Queen's Battery 16 guns of 18 pounders, and on the key are 6 guns of 18, there are likewise 12 guns to be mounted on the Fort. The garrison consists of six companys, a Captain Lieutenant, 2 ensigns, 2 serjants, 2 corporals, a drum and sixty private men each, with a company of Swiss, a Captain Lieutenant, 2 ensigns, 4 serjants, 4 corporals, 3 drums, one fife and 120 private men. At Port Toulouse is a company of sixty men, at Port Dauphin, a Lieut., ensign, serjant, corporal, drum and twenty men. At the Island of St. Johns in Bayvert is a Lieut. Governour, a Lieut., ensign, serjant, corporal, drum and fourty men, here it is the Governor of Cape Breton yearly meets the Indians and deleivers them the presents sent them by the King of France. There comes yearly to Louisburg a man-of-war of 50 or 60 guns. There has been this year in the harbour of Louisburg twenty-eight merchant ships and at the severall harbours of the island twenty more from 100 to 300 tons each to load fish. There are by computation fifty sloops and schooners that belong to the island who fish on the Banks and make about 500 quintals of fish each, besides 400 shallops belonging to the severall harbours who make as is judged 250 each.
As I can learn there are no Irish papists among the French but severall English, Irish and Scotch sailors are in their merchant service.
166. iii. State of the codd fishery for the year 1735. Totals:— No. of schooners, 58; quintals made, 21,766; quints. shipt to foreign markets, 10,760 ; quints. shipt to N. England, 11,006. 1 p.
166. iv. Sack ships lading at Canso in 1735: 6 (5 from Exon, London and Bristol; 1 from Boston). Quintals shipt, 10,766. ½ p.
166. v. State of the whale fishery at Canso, 1735:—No. of vessels, 19 (14 from Nantucket, 1 from Boston, 2 from Cape Cod, 1 from Plymouth, 1 from Dartmouth). Quantity of oyle (barrels), 666; pounds of bone, 7,136; No. of whales, 16. 1 p. [C.O. 217, 7. ff. 146, 147–153 v., 155–156, 157 v.]
Nov. 14.
London.		 167. Mr. Furye to Mr. Popple. Encloses Acts passed last session in S. Carolina, and Journals of Council and Assembly, and Minutes of Council to 7th June. Signed, Percyl. Furye. Endorsed, Recd. 17th Nov., 1735, Read 27th Jan., 1736/7. 1 p. Enclosed,
167. i. List of 7 Acts referred to in preceding. 1 p. [C.O. 5, 365. ff. 70, 71, 73 v.]
Nov. 14.
St. Christophers.		 168. Governor Mathew to the Council of Trade and Plantations. The honour of your Lordships' letter of 13th Aug., wherein I find myself not only happy in the repeated approbations of my conduct, but also in the very kind manner of your giving me those approbations, these my Lords, fill me with a sense of gratitude that it is hardly possible for me to express. Mr. Smith being gone home, I return the letter your Lordships intended for him, but I shall make the best I can of the copy that I received with it, to bring his deputys to better diligence than they have exercisd hitherto. I pray your Lordships will permit me to remind you, that Charles Dunbar Esq. has a mandamus for filling up evry first vacancy that shall happen in each island. I could heartily wish in case of a warr your Lordships had approvd of my reasons for asking field pieces and swords, and supernumerary small arms. I shall receive with great pleasure H.M. orders as to Sta. Cruz, St. Thomas and St. Johns. I shall punctually inform your Lordships of all removes of civil officers. I have not yet receivd from Mr. Burchet the copys of commissions mentiond in my 78th Instruction. Pressing the Legislatures here to come to resolutions for their safety, I find from old and later experience will not avail, till the danger is more certain and nearer at hand. I am very thankfull for the order from their Lordships of the Admiralty which my Lord Fitzwalter spoke to Sir Charles Wager for. If I happen to know where the spence is when I am to move from island to island, I imagine they will at my request give me a passage for the futur. I am very uneasy upon what your Lordships mention as to establishing Legislatures in Anguilla, Tortola and Spanish Town, which I have done I fear too hastily. I found the people brought to a temper of receiving one, which I have long waited for, this made me the more eager to send them writts in the same style with those issued in these islands for calling an Assembly, and I was encouragd to do it without delay from the following words in my commission (empowering him with the advice and consent of the Councils respectively to summon General Assemblies within any of the islands under his government etc.). Continues:—These islands for forty years past have been governd each of them by a Deputy Governour, to be assisted in each of them by six of the principal inhabitants as a Council, and all these islands under a genll. Lt. Governour appointed by H.M. Chief Governour. These Deputy Governours assisted with these Councils, allways made ordinances, and raisd taxes, and these were sometimes obeyd and paid, and sometimes the commonalty mutinyd, and Mr. Governour and his Council, have sometimes been well thrashd for their acts of government. I therefore prevaild on each of these islands, vizt. Tortola, Spanish Town and Anguilla to chuse representatives for the people and they are grown very fond of this new method, and are making laws on the models I gave them. But on what your Lordships mention, I heartily repent my hasty zeal, and evrything shall lie still, till I am honoured with your further orders. As for Justices to hold Courts of law, I have as yet appointed none. I shall pass no powder acts or other laws in breach of my Instructions, so as to risque H.M. displeasure. Signed, William Mathew. Endorsed, 29th Jan., Read 30th Sept., 1736. 3 pp. [C.O. 152, 22. ff. 73, 74–75 v. (with abstract).]
Nov. 14.
St. Christophers.		 169. Same to Mr. Popple. Encloses preceding, and hopes his letter to Mr. Smith will help him to get out of his office public papers in the future. Encloses receipts of the orders he gave to the Deputy Secretaries of Antigua and St. Christopher. Continues: You will see from their date how long I have waited in vain and the 20th of Sept. there will be arrears of a year's Minutes of the Council of that island [Antigua], tho' my orders given at my first arrival was to have them quarterly, and the same Minutes are now nine months in arrear in this island. P.S.—Encloses Act just received from Antigua for continuing the public works etc. P.S.—Dec. 8. Has received his letter of Sept. 12. "It gives me great joy that their Lordships so farr approve my getting the lists of numbers in the French and neutral islands, as that they have thought fitt to lay it before H.M. with their Lordships' remarks on it. The explanation of their Lordships as to dutys laid on liquors neither the growth nor the manufacture of Great Britain, I have communicated to the Legislature of Nevis etc. Governor Cuningham arrivd yesterday at Nevis. I expect him here to-morrow. Signed, William Mathew. Endorsed, Recd. 12th Feb., Read 30th Sept., 1736. 2 pp. Enclosed,
169. i. Receipts from Deputy Secretary, St. Christophers, for H.E. orders to prepare copies 5th May of Minutes of Council, Sept. 17, 1730—26th Nov., 1731, 26th June— 8th Oct., 1733, 20th Feb. 1734—25th March, 1735, and transcript of all laws passed in St. Christophers since 26th March, 1717 etc. Signed, D. [?] Walsh. 5th May. 1 p.
169. ii. Similar receipt, by Deputy Secretary of Antigua. Signed, Patrick Wilson. 1 p. [C.O. 152, 22. ff. 78–79, 80, 83 v.]
Nov. 16.
Gro. Str.		 170. James Vernon to Mr. Stone. Requests him to lay before the Duke of Newcastle "the request of our Georgia Trustees that His Grace would bee pleased to recommend in the strongest terms to the Lt. Governor and Councill of Carolina the suplying of Mr. Oglethorp with a sufficient number of negroes for perfecting the fort which he is to erect upon the Island of St. Simon ; as this is the Southern boundary of all our Provinces towards the Spaniard and lyes upon the passage thro' which their fleets homeward bound must pass, His Grace is thoroly aprized of the importance of this post to H.M. service and the welfare of our Colonys" etc. P.S.—The number of negroes Mr. Oglethorp mention'd was 200. I am with perfect esteeme, Sr., Your most humble and obedient servant. Signed, Ja. Vernon. 2 pp. [C.O. 5, 654. ff. 28, 28 v.]
Nov. 16. 171. Mr. Fane to the Council of Trade and Plantations. Has no objection to 26 Acts of Virginia, 1734 (enumerated). Concludes: "The Act for settling the bounds of land and for preventing unlawful shooting and ranging thereon, has a clause in it which I think it my duty to take notice of to your Lordships, tho' I have no objection to it. It enables persons seized in fee tail of lands not exceeding the vallue of £200 sterling and so found by a jury of inquest to pass the fee simple thereof to any purchaser for a valuable consideration by deed executed, acknowledged or proved in the General Court there. This method is instituted to save the expence of private Acts of Assembly by wch. entails have formerly been only barred, and as it is limmitted to estates of small value and a good method of doing it prescribed, I think it very right : but there ought to have been some words in the title of this Act to have shewn there was a clause of this nature incerted therein. Signed, Fran. Fane. Endorsed, Recd. 17th Nov., 1735, Read 27th Jan., 1735/6. 12/3 pp. [C.O. 5, 1363. ff. 178–179 v., 180 v.]
Nov. 17.
Whitehall.		 172. Order of Committee of Privy Council. Agree with Council of Trade and Plantations, 31st Oct., that Act of Jamaica for raising several sums etc. should not be disallowed, but that directions be given to the Governor not to pass any law for the future liable to similar objections etc., and order them to prepare a draught of Instructions to that effect. Signed, Ja. Vernon. Endorsed, Recd. 19th, Read 25th Nov., 1735. 1 p. [C.O. 137, 22. ff. 11, 14 v.]
Nov. 19. 173. Duke of Newcastle to Lt. Governor Broughton. The Trustees of the Colony of Georgia having represented to H.M. that they have given directions, for erecting a fort upon the Island of St. Simon, in the mouth of the river Altamaha ; which will be of the greatest importance, by reason of its situation, for the security and welfare as well of the Province of S. Carolina, as of Georgia ; and that they shall stand in need of workmen for carrying on and finishing the said Fort; H.M. would have you furnish Mr. Oglethorpe, under whose direction this work will be carried on, with such a number of negroes to be employ'd therein as you conveniently can, and as shall be necessary for bringing it to perfection. Signed, Holles Newcastle. Copy. 1½ pp. [C.O. 5, 388. ff. 135, 135 v.]
Nov. 24. 174. Mr. Attorney and Mr. Solicitor General to the Council of Trade and Plantations. Conclude: We are of opinion that the words [of the Lords Proprietors' letters patent, v. Oct. 27] are too general to pass lands, and that Mr. Hodgson hath no right to any land in Carolina by virtue of the said patent. Signed, J. Willes, D. Ryder. Endorsed, Recd. 25th, Read 26th Nov., 1735. ¾ p. Enclosed,
174. i. Copy of grant referred to in preceding. Cf. 27th Oct. Latin. 3½ pp. [C.O. 5, 365. ff. 13, 14–15 v., 16 v.]
Nov. 25. 175. Petition of Lewis Morris, Rip Van Dam and James Alexander to the Council of Trade and Plantations. Request copies of Governor Cosby's letters and complaint against them, and of Minutes of Council and papers therein referred to etc. Signed (for the Petitioners), Ferd. John Paris. Endorsed, Recd. 25th, Read 26th Nov., 1735. 12/3 pp. [C.O. 5, 1058. ff. 1, 1 v., 2 v.]
Nov. 26.
Virginia.		 176. Lt. Governor Gooch to the Council of Trade and Plantations. On this day I had the honour of your Lordships' commands of 27th June last requiring what laws were in force etc. by which any duties etc. are laid on the trade and shipping of Great Britain etc. Describes the Act of 1680 for raising a public revenue, and the supplementary Act of 1710, laying a duty of 2s. pr. hhd. on tobacco exported, 15d. pr. ton on every ship trading to Virginia and 6d. on every passenger imported etc., "all which dutys are appropriated for the support of the government, and out of which the sallerys of the Governour and all the publick officers and contingent charges are paid. This duty haveing continued for almost sixty years without any objection, and being also of absolute necessity for the purposes to which it was at first applied, it is hoped will still be approved and continued." Continues: The other act subsisting of the 25th March, 1731, is an Act passed in 1726 for laying a duty of fourpence per gallon on liquors, the fourth part of this duty i.e. one penny per gallon on all wines, rumm, brandy and other distilled spirits imported into this Collony during the term of 21 years is laid for raising £200 per annum towards the support of the College of William and Mary in this Colony. But as all liquors imported directly from Great Britain are entirely exempted from this duty, it no ways affect[s] the trade or shipping thereof, the liquors lyable to this duty being imported by our own inhabitants or the people of the other Plantations and a drawback of the whole duty is allowed if exported in three moneths. This Act hath also the Roial assent, and by an Act passed in 1734 the whole duty arising from the penny per gallon out of which £200 a year was given, is now given to the College from the 25th of October, 1735, during the residue of the term of 21 years. It is almost needless to mention another Act, 1694, whereby a small duty is laid upon furs exported etc. re-enacted in 1705 etc. But, as I believe, there is not one British merchant concerned in this trade, so the trade itself is become so very inconsiderable, and the duty turns to so little an account, that 'twas hardly worth your Lordships' notice. I come now in answer to the second part of your Lordships' letter, to shew what dutys are now payable on the importation or exportation of liquors, negroes or other merchandizes etc. After some attempts to lay a duty on negroes imported, which were disapproved on the representation of the British merchants, H.M. having been pleased to prohibit the raising any such duty for the future on the importer, but signifying at the same time that a duty payable by the purchaser would not be objected against: an Act passed here in 1732 for laying a duty on slaves to be paid by the buyers, whereby five p. cent, ad valorem is to be paid for every negro imported and sold here by the purchaser, if living at the end of forty days after the sale ; and if exported again in twelve moneths, the whole duty is to be repaid to the exporter. This Act was to commence from the passing thereof, the last of June 1732, and to continue for four years ; and is since by an Act passed in October 1734 to continue for four years longer, and since its commencement hath raised communibus annis near £1000 pr. annum. By this duty neither the British shipping or merchants are anyways prejudiced, for as the masters of ships are not chargeable for any more than making a true entry, so neither is the owner or his factor at any expence, but receive the same, if not a better price, for their slaves, as if there were no such duty. The next is an Act made in the year 1732 (reciting that H.M. had been pleased to repeal a former Act for continuing a duty of three pence per gallon on imported liquors, because of the exemption of half the duty to Virginia owners), by this there is a duty of three pence per gallon on all wines, brandys, rumm and other distilled spirits imported after the last day of July in that year and to continue for four years, and is since continued by another Act in 1734 for four years. By this Act no duty is to be paid for any liquors imported directly from Great Britain, and if exported in six moneths the whole duty is drawn back : every pipe of wine is entered at 100 gallons, and there is also 20 p. cent. to be deducted out of all liquors for leakage ; and the objections made to the former Act are removed, for here is no distinction made between British and Virginia owners, but the duty is the same on both, and the time for exporting to entitle them to the drawback is as long as they could desire. This duty with that part of it the penny given to the College hath amounted to about £2,000 pr. annum. There my Lords are all the Acts of Assembly by which any dutys or impositions are laid on any goods or commoditys whatsoever on the importation or exportation thereof. I have only to add this one observation on the duty of two shillings per hogshead, that tho' the masters of ships are obliged to pay this duty, yet it is really paid by the planters and freighters, either by giving the masters money here if required, or it is paid at home by the person to whom the tobacco is consigned and charged to them in their accots. of sales ; and besides the masters have an allowance of 10 pr. cent on what he pays here on the score of this duty. Signed, William Gooch. Endorsed, Recd. Jan. 31, Read Oct. 7th, 1736. Duplicate. 3½ pp. [C.O. 5, 1324. ff. 16–17 v., 18 v.]
Nov. 26.
St. James's.		 177. Order of King in Council. Approving report of Committee for Plantation Affairs, after hearing Counsel on both sides, that the reasons transmitted by Governor Cosby were not sufficient for removing the petitioner from his office of Chief Justice of New York etc. Signed, Ja. Vernon. Endorsed, 4th, Read 5th Dec., 1735. 12/3 pp. [C.O. 5, 1058. ff. 12, 12 v., 13 v.]
Nov. 26.
Whitehall.		 178. Council of Trade and Plantations to the Committee of the Privy Council. Enclose following as ordered 17th inst. etc. Annexed,
178. i. Draft of H.M. Additional Instruction to Governor Cunningham. An Act having been passed in Our Island of Jamaica on 3rd May last, for raising several sums etc. Clause laying penalty on officer enlisting any person within the island, quoted (v. Aug. 15, Nov. 17 etc.). Continues:—We have consulted Our Commissioners for Trade and Plantations upon the said law; and having taken the said law, as also their report thereupon, under Our royal consideration, We think the said law an encroachment upon the prerogative of Our Crown, inasmuch as all orders and regulations which concern the Army, ought undoubtedly to proceed immediately from Us, and therefore We should have repeal'd the said law, but that Our Independent Comps. at Jamaica in that case would have been left destitute of all provision on the part of that Island ; It is, however, Our will and pleasure, that for the future you do not upon any pretence whatsoever, give your assent to any law to be pass'd in Jamaica, with a clause of the like nature. [C.O. 138, 18. pp. 56, 56a, 57.]
[Nov. 28.] 179. Mr. West to the Council of Trade and Plantations Has no objection to 13 Acts of New York (enumerated) passed in 1721. But the Act for raising £500 for securing the Indians in H.M. interest, enacts that person not complying either in not collecting or paying the assessment shall be committed to gaol by any two Justices of the Peace, there to lie till he has made fine and ransom. These are words of a very general and unlimited signification etc. If the Justices have the authority to fix the fine and discharge the prisoner, it seems too arbitrary a power to be trusted to them etc. The Act herein objected to being long since expired, the objection given against it sunk with it. Dated, 26 Nov., 1723. Signed, Richd. West. Endorsed, Recd. 27th Nov., 1723. Read Nov. 28, 1735. 2½ pp. [C.O. 5, 1058. ff. 3–4 v.]
[Nov. 28.] 180. Same to Same. Report upon Act of New York, 1723, to enable Thomas and Walter Dongan, (two surviving kinsmen of Thomas late Earl of Limerick) to sell some part of their estate etc. Detailed. Concludes: The heirs generall of the Earl of Limerick in whom the fee expectant upon the determination of the estate tail at present is, are concerned in some measure in the said estate and ought to have an opportunity of being heard. But if upon notice to them they acquiesce in the bill, no objection can be made to it upon account of the heirs of the said Earl. Yett I think myself obliged to observe to your Lordshipps that the saving clause at the end of the bill is worded in so loose a manner as that it may possibly be doubted whether the operations of it will not destroy the intent of the whole bill and also that the saving of the right of the Crown which is requisite to be inserted in all private hills is in this omitted. Signed, Richd. West. Endorsed, 8th Feb., 1724/5. Read 28th Nov., 1735. 3½ pp. [C.O. 5, 1058. ff. 5–6 v.]
[Nov. 28.] 181. Same to Same. Report upon Act of New York, 1719, for selling the estate of Thomas Lewis, late of the City of New York, decd. Detailed. By the affidavit of Haerpert Jacobs, received from New York, it appears that Lodwick Lewis is dead without any issue, and by the affidavit of Catherine Kerfbyl, it appears that all the other parties concerned in the bill are living in those parts of the world and are well pleased with it. Has therefore no objection to its being passed into law, excepting only that there is no saving clause nor limitation of time as to the commencement of the bill. 24th Feb., 1724/5. Signed, Richd. West. Endorsed, Recd. 24th Feb., 1724/5, Read 28th Nov., 1735. 2½ pp. Enclosed,
181. i. Deposition of Haerpert Jacobs, of the City of Albany, Mariner. Lodwick Lewis died in the island of Jamaica in deponent's presence in 1688 etc. v. preceding. 7th Nov., 1724. Signed, Haerpert Jacobs. ½ p.
181. ii. Deposition of Catharina Kerfbyl, of the City of New York, widow. Enumerates descendants of Thomas Lewis. Signed, Catharina Kerfbyl. 10th Nov., 1714 (sic). ½ p.
181. iii. Deposition of Robert Walter, Mayor of New York. The above depositions were sworn to in his presence on 7th and 10th Nov., 1724. Signed, R. Walter. 1 p. [C.O. 5, 1058. ff. 7–8, 9–10 v.]
[Nov. 28.] 182. Mr. West to Council of Trade and Plantations. In obedience to your Lordshipps' commands I have perused and considered the severall following Acts passed in the Province of Virginia in 1723. And as to the Act entituled An Act appointing a Treasurer and empowering him to receive the moneys in the hands of the late Treasurer, I have no objection to it in point of law, only I would observe to your Lordshipps that it seems to be now a practice in all the American Colonies for their respective Generall Assemblys to assume to themselves the nomination of all officers relateing to the Revenue. As to the Act entituled An Act directing the tryall of slaves committing capitall crimes and for the more effectuall punishing conspiracies and insurrections of them and for the better government of negroes, mulattoes and Indians bound or free. There is in it a short paragraph by which it is enacted that from and after the passing of the Act no free negro, mulatto or Indian whatsoever shall have any vote at the election of burgesses or any other election whatsoever. Altho' I agree that slaves are to be treated in such a manner as the proprietors of them (having a regard to their number) may think necessary for their security, yet I cannot see why one freeman should be used worse than another meerly upon account of his complexion. I have no objection to the putting such limits and conditions upon those persons as may be infranchized for the future as they please. But to vote at elections of officers either for a county or parish etc. is incident to every freeman who is possessed of a certain proportion of property. And therefore when severall negroes have merited their freedom and obtained it and by their industry have acquired that proportion of property so that the above mentioned incidentall rights of liberty are actually vested in them, for my own part I am perswaded that it cannot be just by a Generall Law without any allegation of crime or other demerit whatsoever to strip all free persons of a black complexion (some of whom may perhaps be of considerable substance) from those rights which are so justly valuable to every freeman. But I submit the consideration of this to your Lordshipps. As to the five other Acts pass'd in the same Province in the said year, 1723, I have no objection etc. Signed, Richd. West. Endorsed, Recd. 16th Jan., 1723/4, Read Nov. 28, 1735. "The first Act objected to is long since expired . . . . The 2nd objection holds good, the law being perpetual." 2 pp. [C.O. 5, 1323. ff. 177, 177 v., 181 v.]
Nov. 29.
Barbados.		 183. President Dottin to the Council of Trade and Plantations. I hope my last letter of which the foregoing is a duplicate, and wherewith accompanys another of the accounts last inclos'd came safe to your Lordships' hands, and proved satisfactory for the purposes they were wanted. I have since found that the favour I ask'd in relation to my nephew succeeding Coll. Terrill as one of the Council in this Island, can't be complyed with, as I observe it is H.M. pleasure Mr. Dunbar the Surveyor General, besides his being by virtue of his office a Councillor extraordinary, pursuant to an additional Instruction for that purpose, was also to succeed in the first vacancy, as one of the Council in ordinary, and I was but very lately made acquainted with his mandamus, tho' it is of an old date; he will, I presume, on his next coming up hither apply to be sworn and take his seat accordingly, but I think myself obliged to acquaint your Lordships that Mr. Ashley a member of Council having for some time past neglected his duty, whereby it has happened that a Council nor Court of Chancery could not hold and business thereby delayed, tho' indeed I have every time excus'd him, in hopes his affairs and circumstances which has appear'd to be very low and he much more in debt than the value of his estates, wou'd have been accommodated to his advantage, but that not happening and being told there is little prospect of settling them in the manner he expected, I must humbly submit it to your Lordships' consideration whether it be proper he shou'd continue longer a member of Council, especially as I perceive by H.M. Instructions, it is his intentions that men of the best characters, abilitys and fortunes should fill those places, not but that Mr. Ashley behaved very well while he gave his attendance, but should your Lordships think him improper to be continued, because of the loss of his fortune and his neglecting to attend his duty since his circumstances has been discover'd, I will in that case humbly presume to remind your Lordships of my late recommendation and hope Major Abel Dottin will be deemed a proper person to fill his place. On perusal of H.M. Instructions to his late Excellency, I found several relating to transmitting an account home of the state, condition and trade of this and the rest of the West India Settlements, and being desirous of having these matters as fully represented as possible, I communicated the instructions relating thereto to the Council and appointed a Committee to enquire therein, and they having taken several depositions and made their report thereon, I humbly presume to trouble your Lordships with an attested copy of the whole proceedings for your perusal, which are incerted in the Minutes of the 28th of October last, and tho' I am afraid the length will almost induce your Lordships to lay it aside, as a matter that will engage more of your time in considering it than you can spare for that purpose, yet as it is an affair which not only relates to this Island in particular, but also greatly regards our Mother Country I humbly hope your Lordships will consider it in the manner that a thing of such importance requires. From thence your Lordships will see how prodigiously the French, Spaniards and Dutch have lately increas'd not only their own settlements, but those Islands to which they have no manner of right, and by what means they were enabled so to do, the artifices, contrivances and unjust dealings of the French and Spaniards in prejudice of H.M. rights and those of his subjects are there manifested, and the great danger of the West Indies trade being lost to Great Britain unless some very speedy and effectual relief is given to the Sugar Colonys are there shown, and these things, I am perswaded, will induce your Lordships carefully to consider this long report, and incline you to use such means as may be proper in order to restore a declining trade and prevent the French and Spaniards from using the unjust methods for the future, which it appears they have hitherto practis'd with impunity to the very great prejudice and discouragement of the British subjects. Your Lordships will perceive what great damage has ensued and injustice been done to the inhabitants of this and H.M. other Islands, by the French and Spanish guard vessells seizing the English vessells with their effects at uninhabited Islands, while many French vessells daily come here, and lying out of the command of any fort or battery they carry on an illicit trade and besides take off clandestinely many negroes and persons in debt here, to the very great loss and prejudice of the inhabitants, and which may be remedyed were we allowed to fitt out small vessells as guards to our coast, who wou'd prevent their coming near us, and as this woud be an effectual method strictly to put in execution the Acts of Trade it was intended I am told to be pursu'd by his late Excellency, had not the Attorney General been of opinion, he cou'd not grant such a commission, but if your Lordships think proper to procure such a power to the Governour or Commander in Chief to fitt out such vessells, it will be of great service to this Island both in preventing an illegal trade and in hindering many persons and negroes running off from hence. The Committee of the Council thought fit to consult the merchants as to what might be proper to be done for the advantage and improvement of the trade of this Island, who made their report in writing to them, a copy whereof your Lordships will find immediately following the other report. They have therein given their reasons for repealing the five laws your Lordships were pleas'd to mention in your letter to me of the fifteenth of July last, and which reasons are approved of by many of the planters, tho' others differ from them therein, alledging that if the two acts concerning forestallers and ingrossers of provisions were repealed, the merchants and factors wou'd not be contented with a moderate gain but wou'd send away those provisions to any other place where they had a prospect of getting a better price, and thereby force the inhabitants to pay much dearer for such provisions then they can possibly afford. To which it is answer'd that as this Island is the windwardmost, all provision vessells that come on a trading voyage generally touch here first, and if the marketts are tollerable, they chuse rather to stay then riske another voyage, but if the price here will not immediately answer, they directly proceed further and very often sell at a less price to Leeward, whereas if the liberty of transporting provisions were allowed, they wou'd rather chuse to wait here till they knew the Leeward markets before they sent such provisions from hence ; besides for want of this liberty being allowed, the inhabitants are often obliged to buy those old provisions so long remaining in the Island, and which for want of a demand here wou'd probably have been exported, for while so large a quantity remains, the new and better that is afterwards brought, must either be sold at an advanced price, or immediately carryed away, and which possibly wou'd have been landed here, had the old been exported, and at as cheap a rate as they give for the old. Many more cargoes of provisions it is alleged wou'd be left here was there not this restraint laid on them, because if the factors here found they cou'd not possibly sell them for any profitt, and which it wou'd be to their advantage to do, rather then riske them further, they might at last take that method which now they are obliged to do immediately on the vessells' arrival, and notwithstanding these Acts being in force, perhaps as many provisions have been secretly transported without being discovered, as possibly wou'd be were they repealed. It very seldom happens that horses and asses are carryed from hence for trafick, after they are once landed, because the masters or owners of them are at some expence in bringing them on shore, and the charge of keeping them afterwards in very great, so that if it is found they bear no price here., they are immediately carryed further without being landed, nor do I think it a trade any person here will care to follow to buy horses and asses with an intent to send them elsewhere to make a profit of. Some of the planters apprehend that were the two last Acts mentioned by your Lordships and taken notice of by the merchants to be repealed, the French wou'd then import their rum, spirits, molasses, sugar and panells into this Island, and by underselling the planters here occasion the produce of this place to lye on their hands and thereby force them either to send it to another market or to sell it at a very low price, which will be very detrimental and greatly discourage them in their labour and industry. It is answer'd hereto that these French commoditys after paying the several dutys imposed on them by the English Act of Parliament, which is ninepence sterl. p. gallon on rum or spirits, sixpence sterling on molasses or syrrups and four shillings sterl. p. cent. on sugar and pannells, cannot be sold for less then the planters can afford the produce of this Island, which being much preferrable to the others, no person will chuse to buy them at as dear a rate, as they can have better for, but in proportion to the goodness, the planters may reasonably expect and be certain of a better price, for their commodity's, so that it is not probable they will be brought to the Sugar Islands for sale, for if there was an advantage in doing it, it is conceived they may legally be imported, notwithstanding these Acts, if the duty laid by the English Act of Parliament was complyed with. Tho' were it even to happen that by the importation of French rum, sugar and molasses here, our own produce cou'd not be so readily sold yet as it is found by experience that in contempt of the late Act of Parliament, very great quantitys of these are still carryed to the northward, it is alledged that the same had much better be purchased in this Island, where the cash given for them wou'd then center, rather then it shou'd be carryed elsewhere, which prevents us reaping any advantage from it, and still occasions a less demand for our produce. As to the article of cotton, this Island of late has produced very little of that commodity, and as larger quantitys are generally wanted then we are able to supply, were they allowed to be imported, tho' it wou'd occasion our own to be sold at a less price then it generally is, yet it wou'd certainly be the means of having that money kept here which is carryed elsewhere for the purchase of it. If your Lordships will be pleased to consider the reasons given by the merchants for the repeal of these five laws with what I have mentioned concerning them, you'l be able to determine whether they ought to be repealed or not, and should your Lordships be of opinion for repealing you will be pleased to report to H.M. thereon, because as the planters differ so much in opinion, I question whether an Act to be made for repealing them wou'd pass the legislature here. I can't help, however, observing thus much that it seems very preposterous for us to desire this Island's being made a free port which surely wou'd be of vast service to it and its mother country, and yet be doubtful of repealing some laws of our own which restrains that freedom we so much wish and desire, but as your Lordships after considering this whole affair will be able to determine thereon better then we are. I am convinced whatever you shall think proper to do, therein will be for the advantage of this Island. The merchants in their Report greatly complain of many hardships laid on trade by the Custom House officers and particularly mention their demanding large fees. This matter I am informed was represented to our late Governour who had a meeting of the merchants and Custom House officers in order to settle and accommodate the disputes between them, which he was not able to do, tho' I am told it then appear'd to his Excellency that many of the fees complained against appear'd to be taken for a very long time and were known to be so by the Commissioners of the Customs in England, however your Lordships will judge whether this plea of long custom is sufficient to entitle those officers to demand and take the fees they do or not, and if your Lordships should think they are entituled to those fees, they may hereafter take them with a better authority, as they ought to be satisfyed to reduce them if your Lordships think them exorbitant. It is certain the port charges in this Island are very high especially on the small vessells who enter and clear many times a year which sinks most part of the profitts arising from those voyages. I must again intreat your Lordships to consider the observations made by the Committee of the Council on H.M. Instructions referr'd to them which begin at page twenty-seven and as there are many things there taken notice of that deserve your Lordships' serious attention, I doubt not of your doing everything that is proper thereon, and if your should think this Report necessary to be laid before the Parliament, as we have thought it to be, and pass'd an Address to H.M. for that purpose, I am perswaded your Lordships will readily afford all the assistance you can for the desired relief. I need not again press the necessity there is of furnishing this Island with small arms in case of a war, which we are in no condition to purchase ourselves, if your Lordships believe what is sworn relating to the boasting of the French, you will think we ought to be supplyed with all necessarys for the preservation of this Island. I intended to have wrote to the General of Martineco concerning the French being still settled at St. Lucia, but as I have heard he declared that was done without his consent, tho' the contrary is in proof, I should think the best method to make them entirely quit those Islands which are stipulated to be so, wou'd be for our men-of-war, on this and the Leeward Station to destroy and burn their habitations, and for the sake of plunder, they wou'd have many volunteers who wou'd gladly embark in driving them off those Islands. After I had wrote thus far of my letter, Capt. Carter arriv'd from London and deliver'd me a bill of loading and an inventory of fifty-seven pieces of ordinances with all things necessarily belonging to them, which H.M. has been graciously pleas'd to send us for the service of this Island in his vessell. I make no question they will be deliver'd in good order, and that nothing will be missing of what he reced., and I shall take care to dispose of them in the best manner I am capable for the end they were sent us, but must repeat my sollicitation that your Lordships will be pleas'd to report in our favour as to the small arms. The Honble. Othniel Haggatt, Esqr., a very worthy gentleman and one of the Council here having dyed after I had wrote the foregoing whereby his seat in Council is become vacant, your Lordships will be pleased to think of some person to supply it, and if Mr. Ashley be still continued a member, I entreat your Lordships' favour in recommending Abel Dottin, Esqr., in Judge Haggatt's stead, but should he happen to be appointed in the place of the other gentleman I then take the liberty of proposing to your Lordships Colonel John Maycock, Esq., as a proper person to be appointed one of H.M. Council here in the other vacancy. I have enclos'd your Lordships one year's account of the Treasurer and cou'd mention many other things concerning this Island but as I am afraid that I have been already too long in trespassing on your time I shall omit adding further at present etc. P.S.—Dec. 4, 1735. The vessell staying longer than I expected the Clerk of the Council was able to compleat copys of the Minutes of the Council for the last six months, which your Lordships will receive herewith and duplicates of the last Minutes formerly transmitted, I have also sent your Lordships a copy of a letter wrote by my direction to Capt. Reddish with his answer thereto, and another letter I thought proper to write to the General of Martineco, and hope my conduct in that affair will be approved of by your Lordships. Endorsed, Recd. 6th Feb., Read 9th April, 1736. 7 large pp. Enclosed,
183. i. President Dottin to the Marquis de Champigny, Governor of Martinique. Barbados, Pilgrim, 4th Dec., 1735. Abstract. The English readily complied with the orders for evacuating Sta. Lucia, St. Vincents and Dominico. But "I am concern'd to find from several depositions, that the subjects of His Most Christian Majesty, only for form sake lock'd up their doors, but moved none of their effects and went over to Martineco, and in a few days afterwards return'd back again to St. Lucia, where they still abide, are more numerous than ever, improve more land, grow very rich, take upon them to sell the lands in fee, employ English shipwrights to build vessells there for their own use, and that a very profitable and advantagious trade is carryed on between them and the people under your Excellency's government;" etc. Continues: I doubt not but from your Excellency's known honour and probity you will take such methods as shall be proper to compell the persons still remaining there immediately to remove from thence, especially since some of them have had the assurance to pretend what they have done was by your Excellency's order, alledging you told them they had fulfilled their King's order in removing thence for a time" etc. Capt. Reddish, H.M.S. Fox, will deliver you this, and be ready to act in such manner as is proper to have these orders duly complyed with, etc. Hopes on Capt. Reddish's return to be informed that the island is entirely evacuated, otherwise such methods must be taken as are necessary for the enforcing a punctual complyance. Signed, James Dottin. Copy. 1 large p. For these enclosures see also below 4 Dec., 1735, No. 188 ends. i–iv.
183. ii. Deputy Secretary of Barbados to Capt. Reddish, R.N. 29th Nov., 1735. Abstract. By the President's command, forwards to him copies of H.M. and the French King's orders for evacuating Sta. Lucia, St. Vincents and Dominico, with above information. There are said to be 200 French families now on Sta. Lucia, £4,600 worth of cotton was produced from only 4 plantations there, besides great quantities of cocoa, coffee, tobacco, ginger, sugar and timber etc. The President is of opinion that it will lend very much to H.M. service if Capt. Reddish with Capt. Herbert will visit that island, and if what is here reported upon oath be found to be true, consider how far he may by the orders from the two Crowns be justified in driving the present inhabitants thence, and whether they may not with good right be plundered and dispossessed of what they now have there, for the sake of which he may possibly meet with as many volunteers as he may care to take etc. Signed, William Duke. Copy. 1¾ pp. Nos. i and ii endorsed as covering letter.
183. iii. Capt. Reddish to Mr. Duke. Fox in Carlisle Bay. 1st Dec., 1735. In reply to preceding, will be ready to meet and consult whenever his Honour thinks proper to call a Council etc. Proposes to sail in two or three days for St. Lucia, and will leave orders for Capt. Herbert, H.M.S. Diamond, to follow, if he has not returned from his cruise before his departure. Signed, H. Reddish. Endorsed as covering letter. Copy. ½ p.
183. iv. Mr. Duke to Capt. Reddish. Dec. 4, 1735. In reply to preceding, the President thinks it absolutely necessary for H.M. service that Capt. Reddish proceed to Martineco and inform the Governor there of the account His Honour has received of the settlements etc. lately at St. Lucia, delivering enclosed letter etc. The Governor will then no doubt be ready to do what is proper therein, making it "unnecessary for us to use violent means, which his Honour thinks with you, will at present be improper to be taken till further directions from home" etc. Signed, William Duke. Endorsed as preceding. Copy. ¾ p.
183. v. Treasurer's accounts of money received and paid upon account of duties of liquors and new negroes imported, June 13, 1734–1735. Shows balance of £2,416 0s. 10d. Signed, Jno. Bignall, Trear. Endorsed ax preceding. 18 pp. [C.O. 28, 24. ff. 152–159 v., 160 v.–164, 165 v.– 170 v.]
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