America and West Indies
September 1726

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

Year published

1936

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139-145

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'America and West Indies: September 1726', Calendar of State Papers Colonial, America and West Indies, Volume 35: 1726-1727 (1936), pp. 139-145. URL: http://www.british-history.ac.uk/report.aspx?compid=72337 Date accessed: 18 September 2014.


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Contents

September 1726

Sept. 4.281. Mr. Shelton to Mr. Popple. The Lords Proprietors of Carolina being all of them out of town, I thought fit to informe you, that their Lordships gave instructions to Mr. Burrington their late Governour of North Carolina to settle the boundaries between Virginia, and that Province according to the agreement made between Col. Spotswood and Mr. Eden; and since their Lordships have given similar instructions to Sir Richard Everard whome they have sent to succeed Mr. Burrington etc. Signed, Ri. Shelton. Endorsed, Recd. 6th Sept., 1726, Read 23rd June, 1727. 2 pp. [C.O. 5, 1266. ff. 215, 215v., 216v.]
Sept. 7.
Whitehall.
282. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, Act of New York, 1726, to empower Walter Dungan, surviving kinsman of Thos. late Earl of Limerick, and two trustees to sell part of his estate for the payment of his debts etc. [C.O. 5, 1124. p. 395.]
Sept. 7.
Whitehall.
283. Same to Same. Encloses, for his opinion in point of law, 2 Acts of Antigua, 1726. [C.O. 153, 14. p. 227.]
Sept. 8.
Whitehall.
284. Mr. Popple to Robert Armstrong, Deputy Surveyor of the Woods. My Lords Commissioners have lately had under their consideration your letters of 5th Nov. 1725, and 10th March last etc. Encloses for his information and use Mr. Fane's opinion upon Crown rights to the woods (July 19). [C.O. 5, 915. p. 473.]
Sept. 8.
Whitehall.
285. Same to Lt. Gov. Wentworth. Encloses Mr. Fane's opinion as preceding. [C.O. 5, 915. p. 474.]
Sept. 8.
Whitehall.
286. Mr. Popple to Col. Spots wood and Mr. Leheup. Encloses following queries for their answers as soon as possible: (i) What number of acres Col. Spotswood possesses? (ii) by virtue of what grants? (iii) date of those grants? (iv) Whether all the regular and accustomed steps were pursued in obtaining and making out those grants? (v) What are the usual rights requisite to be produced upon the making of grants? (vi) When are these rights payable? [C.O. 5, 1365. p. 301.]
Sept. 8.
Whitehall.
287. Council of Trade and Plantations to the King. Propose for confirmation Act of Antigua, 1725, for selling lands lately belonging to Andrew Murray etc. [C.O. 153, 14. p. 228.]
Sept. 9.
Treasury
Chambrs.
288. Mr. Leheup to Mr. Popple. In reply to 8th Sept. encloses following. Signed, Peter Leheup. Endorsed, Recd. 9th, Read 14th Sept., 1726. 1 p. Enclosed,
288. i. Replies to queries of 8th Sept. Quotes the Receiver General, John Grymes. v. Feb. 15 encl. i. l½ pp. [C.O. 5, 1320. ff. 37, 38, 38v., 40v.]
Sept. 10.
Westmr.
289. Col. Spotswood to Mr. Popple. Yours of the 8th instant etc. could not but lay me under some concern, to observe that all I had already offered to your Board have been hardly considered; for I cannot more particularly set forth the points now in question, than I have already done etc. Hopes that he will be allowed to be present when the Board considers his affair and to point out to their Lordships where he has already answered their queries etc. Continues:—But I am somewhat surprized at the tendency of these queries, which look as if their Lordsps. were upon trying the legal right to my lands (in wch. case I hope I shall be allowed to appear by my Counsel) etc. Understands the reference of his petition to be for a report upon his services and the merit of his proposal etc. Signed, A. Spotswood. Endorsed, Recd. 12th, Read 14th Sept., 1726. Holograph. 1 p. [C.O. 5, 1320. ff. 35r., 36v.]
Sept. 14.
Whitehall.
290. Mr. Popple to Sir Philip Yorke and Charles Talbot Esq., (Attorney and Solicitor General). Requests their opinion in point of law as to Crown rights in N.E. woods, in same terms as Feb. 16th and 21st June, q.v. [C.O. 5, 915. pp. 475, 476.]
Sept. 14.
Whitehall.
291. Council of Trade and Plantations to the Lords Commissioners of H.M. Treasury. Recommend application of Governor and Council of Bahama Islands that bills for H.M. share (£183 17s. 4d.) in forfeited brigantine may be allotted for the public debts of those Islands, contracted chiefly for the expence of the fortifications (v. 30th June), etc. Continue:— By the last year's accounts the Bahama Islands appear to be indebted 664 ps. of 8/8, 7½ ryals chiefly on account of tools and necessaries for the use of the fortifications, and for carrying on other publick works. If therefore your Lordships shall think fit to intercede with H.M., as they desire, we are of opinion it will be of great service to that infant settlement, more especially considering their little capacity of paying that summ, where their income bears so small a proportion to their necessary disbursements, as your Lordps. will see by the annexed copy of their receipts and payments for the last year. [C.O. 24, 1. pp. 83, 84.]
Sept. 14.
Whitehall.
292. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, 13 Acts of Virginia, 1726 (enumerated). [C.O. 5, 1365. pp. 302–304.]
Sept. 20.
N. Provi-
dence.
293. Governor Phenney to the Council of Trade and Plantations. Mr. Ferrall continuing greatly to misbehave in a most notorious manner, has oblig'd me to trouble your Lordships with the several papers enclos'd concerning him. He was convicted at the last Sessions of the Peace of blasphemous words, and by order of the Justices, is under confinement till he finds sureties for his future good behaviour. As it will very much tend to the peace of this Government, I humbly hope H.M, will vouchsafe to grant the prayer of our petition. Refers to letters of 28th Jan. and 20th June. Concludes:—Till I have your Lordships' answer I shall remain at a loss about grants of lands and other particulars therein desir'd etc. Signed, G. Phenney. Endorsed, Recd. 26th, Read 27th Jan., 1726/7. 1 p. Enclosed,
293. i. Petition of the Governor and Council and Commission Officers of the Independent Company in the Bahama Islands to the King. July, 1726. Enclose proceedings concerning Lt. Simon Ferrall, who in spite of reprimands, continues to be guilty of divers misbehaviours unworthy of a Gentleman, and pray that he may be removed from the garrison, and ordered to pay his debts and depart these Islands etc. Signed, G. Phenney and 9 others. Same endorsement. 1 p.
293. ii. Minutes of Council of the Bahama Islands, 13th–26th July, 1726, relating to charges and petitions against Lt. Ferrall for disorderly and mutinous conduct etc. Same endorsement. Copy. 31½ pp. [C.O. 23, 2. ff. 39, 40v., 41, 43–58v., 59v.]
Sept. 20.
N. Provi-
dence.
294. Governor Phenney to the Duke of Newcastle. Begins as preceding covering letter. Concludes:—I am at a great loss for want of advices from home, it being near ten months since we had a vessel from England. Prays for His Grace's protection. Signed, G. Phenney. Endorsed, Rd. 25th Jan., 1726/7. l p. Enclosed,
294. i. Duplicate of No. 293. i. [C.O. 23, 13, ff. 428, 429v., 430v., 431.]
Sept. 21.
Chevening.
295. Wavell Smith to the Council of Trade and Plantations. Requests that they will make good the omission in their report upon his petition, which does not mention the employment of a private Secretary by Governor Hart in the business of the Government. Evidence was given to the Board on this point etc. Signed, Wavl. Smith. Endorsed, Recd. 24th Sept., Read 19th Oct., 1726. Addressed. 1 ¾ pp. Enclosed,
295. i. Deposition of William Fetherstonhaugh of St. James, Westminster, 24th Nov., 1725. Deponent acted as private Secretary to Governor Hart in Antigua, Montserrat and Nevis, signing grants and public documents and receiving fees for the same. John Barker, the Governor's brother-in-law acted likewise as his Secretary, etc. Signed, W. Fetherstonhaugh. 1 p.
295. ii. Order by Governor Hart to the present possessors of the late French lands in St. Kitts to bring in their grants for renewal, St. Christophers, 9th June, 1722. Signed, by H.E.'s command, W. Fetherstonhaugh Copy. ¾ p. [C.O. 152, 15. ff. 286–287v., 289v.]
Sept. 21.
Cheevening.
296. Wavell Smith to Mr. Popple. Sends evidence to induce the Board to advise the repeal of the Act of St. Kitts, 1724, reducing many fees of his office and taking others entirely away and giving them to the Chief Justice and a new officer called Judge's Clerk etc. His stay in England is purely on account of his awaiting, after two years solicitation, a determination of this matter and of the question of the private Secretary etc. (v. preceding). Signed, Wavl. Smith. Endorsed, Recd. 24th Sept., Read 19th Oct., 1726. 3 pp. [C.O. 152, 15. ff. 290–291v.]
Sept. 21.297. Mr. Dummer, Agent for the Massachusetts Bay, to Mr. Popple. In obedience to their Lordpps. commands I have had a meeting with Mr. Newman to discourse about the boundaries, but we can't as yet lay anything regularly or fully before their Lordpps., because the Committee appointed to give me instructions on this subject, have not yet dispatcht them. In the mean time I find that on 28th of June last both Houses of the General Court appointed Commissrs. to treat with Commissrs. from New Hampshire in order fully to adjust the difference between them, which is afterwards to be laid before the respective Assemblys for their information, and then before H.M. for his Royal approbation. As this seems the most rational as well as amicable method to setle the divisional line, so it will save their Lordpps. a good deal of trouble. There came in a ship from Boston yesterday, who met my brother at sea returning from Casco Bay, and he brings advice, that the peace was concluded with all the tribes of the Indians, and the ratifications mutually exchang'd. Signed, Jer. Dummer. Endorsed, Recd. 22nd Sept., Read 19th Oct., 1726. 1½ pp. [C.O. 5, 869. ff. 351, 351v., 352v.]
Sept. 22.
Whitehall.
298. Duke of Newcastle to President Carter. Acknowledges letter of 25th July and refers to H.M. sign manual of 12th July q.v. Concludes:—As the Government was then intended to be put into your hands, H.M. is very well satisfyed, that, upon this occasion of [Col. Drysdale's] death, it should for the present remain so, not doubting but you will do everything in your power to promote H.M. service and the good of the Colony. Signed, Holles Newcastle. [C.O. 324, 35. p. 282.]
Sept. 23.
Whitehall.
299. Duke of Newcastle to President Ayscough. Acknowledges letter of 14th July "received a few days ago" etc. Continues:—H.M. is very well pleased with the assurances you have given of your care and vigilance in the discharge of the trust reposed in you, which is the more necessary during the present unsettled state of the island, till such time as the Revenue Act and the laws depending on it shall be confirmed: and as the settling this matter is of very great importance to H.M. service and the interest and security of the island, I am to recommend it to you in a particular manner to pursue the Instructions, which have lately been transmitted to the Duke of Portland for that purpose. Refers to letters and orders of 7th July and 18th Aug. q.v. Continues:—But the ship, by which these last letters were intended to go, being not yet sailed, you will not receive them, till this letter comes to your hands, which I thought proper to mention to you, to obviate any mistakes that might happen upon your receiving orders addressed to the Duke of Portland, at the same time that I write to you, as having the Government for the present entrusted to you; you will easily conceive that the not addressing the orders immediately to yourself was only to save time, and to avoid the forms, which they must otherwise have passed through before H.M. in Council: and since H.M. present sentiments with regard to those orders are the same as when they were first signified, there seems to be nothing farther necessary, than what I have now done, in explaining the matter etc. With your letter I received an Address of the President and Council to H.M., which he was pleased to receive very graciously, and they may be assured, that H.M. will not be wanting on his part to give them all due marks of his favour and protection. As to your own particular I wish you all good success in the trust which is devolved on you, and I question not but so long as it shall be continued to you, you will discharge it with a due regard to H.M. Instructions and the good of your country. Signed, Holles Newcastle. [C.O. 324, 35. pp. 283–285.]
Sept. 25.
Province
of New
Hampshr.
300. Lt. Governor Wentworth to the Council of Trade and Plantations. Refers to letter of 17th March, "since which little hath occurr'd; a little vessell hath been seazed by our Collecter for breach of Acts of Trade in bringing Corseco wines to this port etc., and the ratification of a peace with the Indians, and all (? though) this Province was not so emediatly concern'd in the reasons of the war yet we were verry willing to joyn with the Massechusets in makeing the peace. The greate [? reason] the Indians gave for makeing the war was our makeing new settlemts. up there rivers which obstructed there fishing and hunting twenty or thirty leagues eastward, which this Province had no hand in it, etc. Refers to copy of ratification sent by Lt. Gov. Dummer, v. 22nd Aug. Continues:—I hope this peace will bee lasting. The small number of French that are on our sea cost will be allway doing what they can to disturb our peace as well [as] the Jesuits allso. Encloses Minutes of Council to 21st May, and the year's expence of gunpowder. Continues:—And when I come to mention gunpowder I do with greatist submition renew my petetion, which has been spread before your Lordships about four years, and has been reported to other great Ministers of State in our favour for which we crave leave to most humbly thank your Lordships, and hope finaly to obtain, we being in extreem want etc. That and the settling the lynes betwen this and the Massechusets Government will greately sett us to rights. I would gladly walk on my hands and knees seven miles to have it accomplished, such is the hardship at or near our lyne that it is not to bee boarn, nay they have been makeing settlemts. six miles to the norward of there lyne in some places etc. I have no sinester ends to serve but purely the bennifit of the publick etc. What I wrote the 17th March I very much undersaid destruction of mast trees. I then advised of upwards of 12,000 logs cutt from Dec. to March. I say more then 17,000 etc. Signed, J. Wentworth. Endorsed, Recd. 17th Dec, 1726, Read 8th June, 1727. 3½ pp. Enclosed,
300. i. Account of stores of war in Fort William and Mary, N.H., 28th May 1724–1726. Signed, J. Wentworth. Endorsed, Recd. 17th Dec, 1726. 2½ pp. [C.O. 5, 869. ff. 437–438v., 439v.–441v.]
Sept. 29.301. Petty expences of the Board of Trade Midsummer to Michaelmas, 1726. £113 135. 6d. Stationery, £64 18s. 9d. Postage, £33 11s. Od. Wood and coals, £33 1s. 5d. Endorsed, Read Jan. 10, 1726/7. 5½ pp. [C.O. 388, 78. ff. 151, 152v., 155–156v., 159, 159v., 161, 162v.]
Sept. 29.
Kensington.
302. H.M. Warrant to John Mulcaster, for returning H.M. part of a forfeiture (v. Sept. 14th) to the Government of the Bahamas etc. Countersigned, R. Walpole, Cha. Turner, Geo. Dodington. [24, 1. pp. 91, 92.]