America and West Indies
December 1726, 16-31


Institute of Historical Research



Cecil Headlam (editor) Arthur Percival Newton (introduction)

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'America and West Indies: December 1726, 16-31', Calendar of State Papers Colonial, America and West Indies, Volume 35: 1726-1727 (1936), pp. 188-204. URL: Date accessed: 23 April 2014. Add to my bookshelf


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December 1726, 16-31

Dec. 16.
374. President Ayscough to the Duke of Newcastle. Acknowledges letter of 23rd Sept., with H.M. letter and Order in Council, and the reasons for rejecting the last Revenue bill past here, and H.M. letter "enforcing his former commands with respect to the draught of the bill for perpetuating our laws, which draught lies now before our Assembly." Continues:—It is with the greatest concern imaginable that I am obliged to acquaint your Grace that, notwithstanding H.M. most gracious recommendations, the Assembly have not yet thought fit to take this draught into their consideration, altho' I have in the most pressing manner often recommended it to them; their time has been chiefly taken up in peevish quarrels and disputes, and at last they came to a resolution to proceed to no business until such time they had received satisfaction for a message that I sent to them at the desire of the Council, pressing them to take H.M. gracious recommendations, without any further delay, into their consideration; This they lookt upon as an infringement on their pretended rights and priviledges: I endeavoured to soften matters as much as possible; but all to no effect; for in place of paying a dutiful obedience which they ought to have done to the King's commands they lessened their Quorum to five Members to meet and adjourn, and would proceed to no business, so that a prorogation became absolutely necessary, and the holy-days being so near at hand, I have with the advice of the Council prorogued them to the 2nd of January; at which time I shall not fail to lay before them the fresh instances of H.M. great goodness and condescension, and of the Orders I have received with your Grace's last letter: I heartily wish they may meet in a better temper and that they may seriously reflect on the present condition and circumstances the country is now reduced to for want of laws; but how far their passions may govern their reason is hard to guess; I fear the worse; however nothing shall prevail with me to give up the least tittle of H.M. Prerogative or the Orders I have received by H.M. command from your Grace. Since my last letter Admiral Hosier with his Squadron are arrived here from Portobell in a very distressed condition for want of men, there has been a great mortality and sickness among them; but of this I presume the Admiral will give your Grace a more particular account than I am capable of doing; and I am persuaded he will do me justice and acquaint you that I have with the utmost vigilance and zeal assisted him in all his demands for H.M. service; by which means he hopes in a few days to be ready with five sail to return back to Portobell etc. Signed, J. Ayscough. Endorsed, R. 22nd Feb. 2¾ pp. Enclosed,
374. i. Minutes of Council of Jamaica, 14th Dec, 1726. Admiral Hosier acquainted the Board that in five or six days time he would have five ships ready to go to sea provided he could be supplied with men. "When I waited last on the President and Council, everybody came readily in to provide men for H.M. service; but the measures that have been taken, have as yet been but of little service etc. The whole peace of Europe depends in keeping these galleons in these parts etc. By advice from Portobello, they will sail the middle of this month etc. When this service is over, I will return every man to the Island" etc. Bredah, 11th Dec, 1726. Signed, F. Hosier. The Council "with the greatest chearfulness and unanimity," resolved that Admiral Hosier be at liberty to impress one half of the sailors from each ship in Kingston and Port Royal etc., and that the militia of eight parishes be called out and the negroes, Indians and mulattos, belonging thereto be sent on board the Admiral's ship, together with a half company of soldiers from Port Royal. 4 pp. [C.O. 137, 52. ff. 306–309v.]
Dec. 17.
375. Duplicate of preceding covering letter. Endorsed, R. April 10th. [C.O. 137, 52. ff. 314–315v.]
[Dec. 18].376. Address of the President and Council of S. Carolina to the King. Express abhorrence of the endeavour of the Emperor and King of Spain "to deprive your Majesty's subjects of the most valuable branches of their trade and commerce and to raise an intestine warr in your Kingdoms by placing a Popish Pretender on the Throne. We will to the utmost of our power exert ourselves against all your enemies" etc. Signed, Arthur Middleton, P., Ra. Isard, James Kinloch, Wm. Bull, A. Skene, B. Schenckingh, Benja. de la Conseillere. Endorsed, In their letter of Dec. 18, 1726. 1 large p. [C.O. 5, 383. No. 24.]
Dec. 19.
New York.
377. Governor Burnet to the Council of Trade and Plantations. Acknowledges letter of 28th June, with opinion on the property of mines in New Jersey. Continues:—I have not had any late application made to me upon this subject, and whether the persons who formerly applyed to me about it, are still of the same opinion, I cannot tell, but unless I could give them some assurance what terms I might offer them in H.M. name, I am satisfyed that they will make no discovery etc. Suggests that the Board should apply for H.M. orders to him upon that head etc. Continues:—I am very glad to find that your Lordships are now so well satisfied with the Act for making current £40,000 in bills of credit passed in New Jersey in 1723, but I am very much concerned at your Lordships shewing your dislike to the Act for the support of the Government passed in 1725 etc. I must confess that your Lordships' censure against such alterations as may render the funds insufficient to sink the bills is too just to admit of any reply, and that such a proceeding could not fail to hurt the credit of the bills. But I humbly crave leave to represent to your Lordships that in this case the fund for sinking the bills, is compleat without applying any of the interest to it, by the payments of the principal moneys in twelve years, and that the applying the interest that way, was an addition of my own, to the first scheme, in order to make the bills be sunk the faster for greater security to their credit. But this I then did against the inclination of the people, as your Lordships may perceive by the words of the first Act, by which no certain method or time is fixt for sinking the interest, but only it is enacted that the Treasurers shall keep the same in their hands, and render an account thereof to the Governor, Council and General Assembly, when thereunto required and deliver the same to be sunk in their presence. So that to sink this interest money, even by that Act the Assembly must agree with me to call it in from the Treasurers, and to be present when it is sunk, which I don't beleive they will now consent to, in which case it must remain in the Treasurers' hands. Besides it is urged that this clause about sinking the interest, is utterly inconsistent with another clause in the said Act of 1723, that the said bills shall continue current for 12 years etc. Now if they be sunk inten years, how can they be current for twelve years? These observations I hope will make your Lordships think that an alteration in this particular of the interest, was not so much inconsistent with the first Act, as needfull to make the first Act more consistent with itself. When the Assembly met last in order to continue the support of that Government, they thought it was very hard to make the people pay further taxes at a time when part of the profit by the scheme lay in the Treasury, and that there was no danger at all to the credit of the bills from it, and for this reason I complyed with them in altering the application of the interest money of the first year. And since experience is a surer rule in these matters than theory only, I have the satisfaction to send your Lordships authentick certificates of the present value of the New Jersey bills, both from the merchants of New York and Amboy, which I hope will satisfy your Lordships that this alteration in applying the interest money has not at all hurt the credit of the bills, but that their credit is considerably advanced since that has been done. But as your Lordships' commands are a rule to me, which I shall always observe, I shall not consent to any such further application of the interest moneys, or any other alteration, unless your Lordships upon taking into consideration what I have now laid before you, and particularly that the bills are in better credit than ever, shall be pleased to withdraw your prohibition to me upon that head. I am to meet the Assembly in New Jersey in May next, and therefore it would be a very great favour to me, if your Lordships will be pleased to let me know your final sentiments upon this matter by the first vessel that shall sail from London for this port in the Spring. When the Assembly meets next, I know that they will be very uneasy at the thoughts of taxing the people, to defray the incidental charges of their meeting, when so much money lyes by as a dead stock till it at last shall amount to a great sum, which will be no ease to anybody till nine or ten years hence, and these incidental charges which are provided for at every meeting besides the constant uniform support of the Government, are the reason of the query which your Lordships have made, how it comes that the whole provision made by the Act of 1725 for the service of the Government for five years, amounts to £6350 7s. of which £2410 7s. is said to be necessary for the first years service only. The reason of which sum for the first year being so large, is, because the contingent charges of the Council and Assembly's meeting are defrayed out of it, according to the 28th of my Instructions, and as they would never grant above £500 pr. annum for the constant salary of the Governours it has been usual to provide a further salary for him at the meeting of the Assembly, in consideration of the great charge of removing his family and part of his furniture from New York either to Burlington or Amboy, in order to enable him to support the dignity of the said office according to the said Instruction. I must upon this occasion observe to your Lordships, that there is no house for the Governour of New Jersey to reside in, and that I have been obliged to purchase a house at Amboy to live in when I go thither, and to hire a house at Burlington as often as the Assembly meets there. So that my salary of £500 a year alone, would bring me in debt by my Government of New Jersey, and the reason why the Assembly dont incline to give a greater constant salary, is, because they would not leave it to an uncertainty for five years, whether the Governour will meet them so often as they desire, and therefore they reserve the addition to be made to his salary, to every meeting. To explain this more fully, encloses following accounts. Continues : —Mr. David Lyoll, a Member of the Council for the Eastern Division, being lately dead, I beg leave to recommend to your Lordships Mr. Cornelius van Horn to be a Councellour for New Jersey in his room. He has a plentifull estate in the Eastern Division, and is every way well qualified for that office etc. Signed, W. Burnet. Endorsed, Recd. 16th, Read 22nd Feb., 1725/6. 7½ pp. Enclosed,
377. i. Accounts of the Western Division of New Jersey, Sept. 23, 1720–1725. Sworn to by the Treasurer, John Allen. Endorsed, Recd. 16th Feb., 1725/6.13 pp.
377. ii. Accounts of the Eastern Division, 5th Dec. 1724—29th Oct. 1726. Sworn to by Michael Kearny, Treasurer. Endorsed as preceding. 15½ pp.
377. iii. Certificate by merchants of New York. The New Jersey paper money issued 1724 was at first refused and then at a discount in New York for the first year, but has since risen to a premium of 6d. to 1s. in the pound over New York money. 1st Dec. 1726. Signed, Richard van Dam, John Roosevelt and 19 others. Same endorsement. 1 p.
377. iv. Certificate by the Mayor of New York that above signatories are some of the most substantial merchants of New York and their hand writing and the facts are well known to him etc. Signed, Robt. Lurting. Seal of the City of New York, by order of the Mayor. Signed, Will. Sharpas Clk. ½ p.
377. v. Certificate by merchants of Perth Amboy. 15th Dec. 1726. Confirm preceding and add that the New Jersey currency has always passed without discount in Pennsylvania. Between the currencies of both these Provinces and gold there was a discount of 15 p.c. in 1724, but this has decreased to 5 p.c. and is decreasing etc. Signed, Andw. Johnston and 13 others. Same endorsement. 1 p.
377. vi. Certificate by the Mayor of Perth Amboy that the above signatories are some of the most substantial merchants of Perth Amboy, and that the facts and their handwriting are well known to him etc. Signed, John Parker, Mayor. Seal of the City of Perth Amboy. ½ p.
377. vii. Account of negroes imported into the Eastern Division, 20th July, 1698—22nd Dec, 1726. Custom House, Perth Amboy. Total, 115. Imported from the West Indies and only in the years 1718, 1720–22, 1725, 1726, by 11 ships. Same endorsement. 1 large p. [C.O. 5, 972. ff. 107–117v., 120v.,–129, 130–131, 132–133v.]
Dec. 20.
New York.
378. Governor Burnet to the Duke of Newcastle. Encloses following, and refers to matters mentioned therein. Set out, N.Y. Col. Docs. V. pp. 809, 810. Signed, W. Burnet. Endorsed, Rd. Feb. 16. 4 pp. Enclosed,
378. i, ii. Same to the Council of Trade, Dec. 19 and 20. Duplicates. [C.O. 5, 1092. Nos. 52, 52 i, ii.]
Dec. 20.
New York.
379. Governor Burnet to the Council of Trade and Plantations. Encloses duplicates of Dec. 4 etc. Explains discrepancies in accounts of export of furs etc., and refers to accounts of negroes. "There are few negroes, if any imported in West New Jersey." Encloses and comments on 12 Acts passed in New York, 11th Nov. last. The first Act explains the Act for regulating the Indian trade in Albany etc. " The Act here explained was past in June last, but has been found to be defective in providing against many evasions that have since been found out to avoid it, so that it was necessary to make it stronger and more effectual, and as the people of Albany have long been used to practise a clandestine trade by the help of the Indians, it is very difficult to detect them, and to bind them any way to observe the laws in force, without making it their interest to discover one another, which is the scheme upon which this Act and the former are contrived etc. (iii) The Act for regulating and securing the Indian trade to the westward of Albany, and for defraying the charge thereof, is intended to enable me to build a fort and lodge 20 souldiers with an officer in it, upon the mouth of Onnondaga River, but because it might be of ill consequence to give the French notice of it till it is done, I thought it proper that it should be expressed in general terms and that only a trading house should be mentioned. It was likewise intended to prevent the frauds usually committed in the trade with the Indians, by a Commissary who has power by this Act to do justice to the Indians on their complaint. I hope by these measures that the trade on the Lake will improve every year more and more, as it has done hitherto, notwithstanding all the French have done, for they have not yet thought fit to attempt to stop the far Indians by force, from passing to us, and when they do, they will have a difficult task of it. (iv) An Act for the easier partition of lands held in common and promoting the settling and improvement thereof, and for confirming former divisions in the settled townships etc. It is certain that several familys have left this Province for many years past because they could not find lands to purchase here with a good title, because they are mostly held in common, and remain yet undivided. This Act is conceived in terms less lyable to objections than any of the former." But as a similar Act was disallowed 9th July, 1719, " I would not give my consent to this Act without a clause," providing that it should not be in force without H.M. approbation etc. (vii) By an Act to appoint an Agent, they have agreed to appoint Peter Le Heup, at my recommendation, but for one year only etc. Other Acts enumerated. Continues:—The necessity of making provision for a fort on the Onnondaga River obliged me to meet the new Assembly this fall. Refers to Minutes. Continues:—They were inclined to follow the steps of their predecessors, in lessening the salary's of some of the Officers of the Government by their own authority. But I gave them no other answer, except, that I would advise with the Council about it, who accordingly as I expected, were unanimously of opinion that the Assembly were encroaching on the undoubted right of the Governour and Council. The Assembly however enquired no more after it, and chearfully went through their other business, and I have since issued warrants in Council to all the Officers of Justice as usual, contrary to the resolves of the Assembly, but I have moderated the salary's of the Officers of the Revenue, because the duty's on merchandize are not near so many as before, and consequently the trouble of the officers is considerably lessened. I have hereby engaged myself in a contest with the Assembly, to support H.M. Prerogative, which I am resolved to do at the risk of their dissatisfaction, though it should be ever so much against my private interest, and I hope your Lordships will think my conduct therein worthy of your approbation etc. Encloses accounts of revenue, quit-rents, stores, and sessional papers etc. Set out, N.Y. Col. Docs. V. pp. 810–814. Signed, W. Burnet. Endorsed, Recd. 16th, Read 23rd Feb., 1726/7. 11 ½ pp. Enclosed,
379. i. Account of Revenue of New York, 5th June 1721–1722. Receipts, £4301 7s. 6¼d. Expenditure: £3262 17s. 6d. Signed, Abraham De Peyster junr., Treasurer. 2 pp.
379. ii. Account of Revenue, 5th June, 1722—14th May, 1723. Receipts, including above balance, £6332 10s. 8d. Expenditure, £4603 2s. 8¼d. Signed as preceding. 4 pp.
379. iii. Account of Revenue, 14th May, 1723–1724. Receipts, including above balance, £5329 0s. 9¾d. Expenditure, £3809 7s. l½d. Same signature. 2 pp.
379. iv. Account of Revenue, 14th May, 1724—13th June, 1725. Receipts, including above balance, £8508 17s. 2¾d. Expenditure, £7230 15s. 5¼d. Same signature. 6 pp
379. v. Account of Revenue, 13th June, 1725—20th April, 1726. Receipts, including above balance, £5279 10s. 9¼d. Expenditure, £3630 4s.10½d. Balance, £1649 5s. 10¾d. Same signature. 2 pp. Nos. i—v, endorsed, Recd. 16th Feb., 1726/7.
379. vi. Account of £1600 granted to supply the deficiencies of the Act for the support of Government. £1600 paid, leaving balance as in preceding, plus £3 1s. 2d. since received, £3252 7s. 0¾d. Signed as preceding. These accounts were all sworn to Dec. 17, 1726, by the Treasurer before me. Signed, W. Burnet.
379. vii. List of warrants drawn in Council upon the Revenue and paid by the Treasurer of New York, 5th June, 1721—20th April, 1726. Total, £23,107 14s. l¾d. Endorsed, Recd. 16th Feb., 1726/7. Copy. 15 pp.
379. viii. Account of H.M. Quit-rents for New York, 8th Aug., 1722—29th Sept., 1726. Signed and sworn to by Archibald Kennedy, Receiver General, 20th Dec, 1726. Endorsed as preceding. 12 pp.
379. ix. Account of men, arms and stores at Fort Hunter. Signed, William Helling. 1 p.
379. x. Account of the fort, arms and stores at Albany. 4th Nov., 1726. Signed, Henry Holland. 1½ pp.
379. xi. Account of arms and stores at the fort at Schenectady. Signed, John Collins. 1 p.
379. xii. Account of arms and stores at Fort George in New York. Signed, Wm. Bond. 2½ pp. Nos. ix—xii, endorsed, Recd. 16th Feb., 1726/7.
379. xiii. Account of negroes imported into the Province of New York, 1701–1706. Totals: from West Indies, 1573. From Africa, 822. All imported by separate traders, none by African Company. Set out, N.Y. Col. Docs. V. p. 814. Signed, Archd. Kennedy. Same endorsement. 1 p. [C.O. 5, 1054. ff. 92–97v., 98v, 99, 100v., 101, 102v., 103, 104v., 105, 106v., 107, 108v., 109, 110v.,111, 112v., 113, 114–115, 116–123v., 124v., 125v, 126v., 127v., 128v., 129v., 130v., 131, 132, 133, 134, 135, 136, 137–138, 139–140, 141–143v.]
Dec. 20.
New York.
380. Governor Burnet to Mr. Popple. Refers to enclosures and preceding letter. Concludes:—I have writ to the Lords very pressingly about the New Jersey Acts to take off their objections against the last of them. I shall be much obliged to you, if you can prevail upon their Lordships to meet upon that affair before the first ships in the spring sail for New York etc, P,S, I desire you will give my duty to my Lord Westmorland, and acquaint him, that by reason that the river is frozen up between this place and Albany, I could not get the seeds he wants of white pines this year, but shall not fail to get them next year. There are no white firs in the country. Signed, W. Burnet. Endorsed, Recd. 16th, Read 23rd Feb., 1726/7. 2 pp. Enclosed,
380. i. List of (12) Acts passed by the Assembly of New York, 11th Nov., 1726. 2 ½ pp. [C.O. 5, 1054. ff. 144, 144v., 145v.–147v.]
Dec. 20.
381. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, Act of Virginia, 1726, to confirm the title of Richard Randolph, etc. [C.O. 5, 1365. p. 307.]
Dec. 20.382. Col. Spotswood to the Council of Trade and Plantations. Replies to Queries relating to his lands and again states his case. Endorsed, Recd., Read 20th Dec, 1726. 9¾pp. [C.O. 5, 1320. ff. 97–l0lv., 102v.]
Dec. 21.
383. Council of Trade and Plantations to the Duke of Newcastle. In answer to 15th inst. We know of no vacancy in the Council of Barbados at present, but having some time since had a good character of Mr. Lillington, we shall recommend him to H.M. to supply the first vacancy etc. Autograph signatures. 1 p. [C.O. 28, 39. No. 39 ; and 29, 14. p. 428.]
Dec. 22.384. Mr. Fane to the Council of Trade and Plantations. Report upon Revenue Act of Jamaica. The Legislature in Jamaica have not in any instance in this Act pursued your Lordships' Instructions to the Governour in relation to the Revenue etc. Signed, Fran. Fane. Endorsed, Recd. 10th Jan., Read 4th Oct., 1727. 1 p. [C.O. 137, 17. ff. 21, 22v.]
Dec. 22.
Fleet street.
385. Jer. Dummer to [? Mr. Delafaye]. Encloses following, and prays for the Duke of Newcastle's favour for obtaining H.M. pardon for Condick etc. Signed, Jer. Dummer. ¾ p. Enclosed,
385. i. Mr. Willard, Secretary, to Jer. Dummer, Agent for the Massachusetts Bay. Boston, 16th Oct., 1726. The Lt. Governor and Council desire you will obtain a pardon for George Condick, a convict of piracy, but reprieved for 12 months in order to his obtaining the King's mercy etc. Extract. ½ p.
385. ii. Certificate by Samuel Tyley, Register of the Court of Admiralty, Boston. George Condick was condemned and reprieved in said Court (v. No. i), in consideration that he was commonly intoxicated and an ignorant young man, and mostly employed as cook on board the snow Elizabeth etc. 29th Oct., 1726. Signed, Samuel Tyley Regr. 1 p. [CO. 5, 898. Nos. 40, 40 i, ii.]
Dec. 23.386. Mr. Attorney and Mr. Solicitor General to the Council of Trade and Plantations. Reply to Sept. 14. We are of opinion nothing contained in the said Act of Parliament can be construed to take away the right reserved to the Crown by the said Charter as to trees of the diameter of 24 inches, at 12 inches from the ground, whether the same are growing within or out of any township ; the intention of the said Act appearing to us to be to make a larger provision for preservation of white pine trees, than was done by the Charter, by prohibiting under severe penalties the cutting down such trees growing without the limits described in such Act, notwithstanding they might happen to be property of private persons and of dimensions different from those described in the Charter, without H.M. license ; But we conceive that this is so far from having weaken'd or prejudiced any particular right vested in the Crown to such trees, that the same is rather secured thereby, since if any white pine trees shall be cut down, which shall happen to be both within the reservation of the Charter, and the prohibition of the Act of Parliament, the King may have a new remedy against the offenders by suing for the penalties inflicted by the Act in the summary method thereby directed. Signed, P. Yorke, C. Talbot. Endorsed, Recd. 24th Dec, 1726, Read 3rd Jan., 1726/7 pp. [C.O. 5, 869. ff. 358–359v., 360v.]
Dec. 24.
387. Lt. Governor Armstrong to the Council of Trade and Plantations. Refers to letter of 24th Nov. Continues:—Since that I have received advice from Govr. Dummer, yt. he is inform'd from Albany yt. sevl. partys of Indians from Canada are marching towards the New England fronteers ; And yt. there being two women and two children missing, its beleived there, that the Indians have carried them off, and intend to commence a new warr. We are here as yet in peace and quietness, but from those motions of the Canada Indians, we have also the same reason to suspect a rupture; And if should be attacqued, I must again informe you, that by reason of the many large breaches, the Garrison is in a very defenceless condition, as further appears by the enclos'd representation of our present state, upon which through the advice of all ye Gentlemen of the Garrison, which is also enclos'd, I have order'd Lt. Milledge belonging to the Honble. Board of Ordnance (it being impossible to repair the breaches this winter) to plant picketts, round upon the parrapett of the works, for our present security till further orders from yt. Honble. Board; which considering the advice I have recd, as aforesaid, I hope will meet with both their and yor. Lordps. approbation. Since my last we have recd, both cloaths and beding for the troops, and we are at present a very healthy Garrison. There are some murmourings amongst the Officers as if their subsce. was not duely answered by the Agent, but as none have complain'd thereof to me, I shall not trouble you with what may be groundless, further than to represent what hath happen'd to myself, and cannot avoid complaining of the severity of my usage etc. Before I left I was obliged to draw on Colo. Gardner for ye subsce. of the troops there, from 23rd Feb. 1725/6 to 24th Aug. last, which I divided into two setts of Bills of Excha. And ye one being in favr. of one Mr. Brabant, master of a vessell belonging to Mr. Couper the Agent Victualler at Plym., I have advice that it is protested for non-acceptance through pretence of no letter of advice, which affirme is groundless, for I allways gave due advice, and never fail'd sending at the same time a distribution of all the subsce. bills, which I have rais'd at Canso to the credite of 200 p. ct. but by such usage as this, it's to be fear'd, they will be reduced to the excha. that this part of the Regiment is paid at, which is no more than 150, which in my humble opinion is an imposition upon both officer and soldier whose subsce. bills if duely paid, might be dispos'd of to the merchts. at the highest excha. As to my other bill (v. supra), I have as yet no advice thereof, for which reason I hope it's paid. In my last I advised you of the necessity the Garrison was in for provisions, through (as I was inform'd at my arrival here) Mr. Rowland's neglect, which at the request of the Gentlemen here, I was necessitated to undertake the victualling ; And in order to enable me, the Capts. having lent me their companys bills of subsce. from Augt. last to Feb. next, I have drawn for the same, of which I hope you will forward the payment. Mr. Borland having caused the pork formerly condemn'd by survey here, to be resurvey'd at Boston, he again returned the same to the Garrison; But upon ye advice of all the Gentlemen here etc., and (Mr. Borland having in other cases brock his contract with Thomas Missing Esq.) I have refused receiving of it etc. Refers to enclosures. Signed, L. Armstrong. Endorsed, Recd., Read 1st June, 1727. 3¾ pp. Enclosed,
387. i. Copies of surveys of provisions at Annapolis Royal, condemning the pork supplied by Mr. Boreland, with protest by officers of the Regiment, etc. Aug., 1726. Mr. Borland's survey at Boston was made by those in his interest or employment etc. 5¼ pp.
387. ii. Resolution of officers of the Garrison, rejecting the pork returned by Mr. Borland, 20th Dec, 1726. Endorsed, Recd. June, 1726. 5 pp.
387. iii. Lt. Governor Armstrong's Order to Lt. John Milledge, 8th Dec. 1726, to repair the magazine and fortifications so far as the season of the year will permit etc. Signed, L. Armstrong. The officers of the garrison approved of this order and advised that pickets be cut and planted round the parapet, there being no possibility of securing the many breaches otherways this winter. 14 signatures. Endorsed as preceding. Copy. 2 pp.
387. iv. Deposition of Capt. John Blower as to the nature of Mr. Borland's survey (v. No. i), 19th Dec, 1726. Signed, John Blower. Same endorsement. 1½ pp.
387. v. Representation of Lt. Governor Armstrong and the Officers of the Garrison upon the increasingly ruinous condition of the magazine and fortifications etc. 16 signatures. Same endorsement. 4 pp. [C.O. 217, 4. ff. 254–372v.; and (abstract of covering letter only) 217, 30. p. 21.]
Dec. 24.
388. Lt. Govr. Armstrong to the Duke of Newcastle. Repeats preceding covering letter, mutatis mutandis. Endorsed, Rd. June 2nd, 1727. 4 pp. Enclosed,
388. i, ii. Duplicates of encl. iii and v preceding. [C.O. 217, 38. Nos. 14, 14 i, ii.]
Dec. 25.389. Petty expenses of the Board of Trade, Michaelmas to Christmas, 1726, £98 13s. 3d. Stationery, £65 7s. 9d. Postage, £24 12s. Endorsed, Read Jan. 10, 1726/7. 4¾ pp. [C.O. 388, 78. ff 153, 154v., 157–158v., 160, 160v.]
Dec. 28.390. Mr. Fane to the Council of Trade and Plantations. Has no objection to the three Acts of New York referred to him 29th July etc. Signed, Fran. Fane. Endorsed, Recd. 10th Jan., 172$, Read 18th Nov., 1729. 1| pp. [C.O. 5, 1055. ff. 36, 36v., 37v.]
Dec. 30.
391. Bishop of London to Mr. Delafaye. Encloses papers to be laid before the Duke of Newcastle relating to Mr. Justice Trot's claim to be continued in his station, after the Proprietors have transferred their title to H.M. etc. Signed, Edm. London. Holograph. 1 p. [C.O. 5, 387. No. 68.]
[1726].392. Plan of Fort King George (S. Carolina), 1726 (v. April 26, 1727). 1 large folded p. [C.O. 5, 12. f 61.]
[? 1726].393. [? Six of the Lords Proprietors of Carolina to? Lord Carteret. v. 23rd March]. During your Lordship's absence we have had many attacks upon our propertie in S. Carolina. Governor Nicholson returned (some time after your Lordship's departure) charged with many complaints from the inhabitants there and the merchants here, and he deputed a person to succeed him that had acted with even greater imprudence than himself; for he has farmed, or sold all his offices in the Province, and Mr. Hart formerly our Secretary hath taken upon him to treat for the sale of his office, and Mr. Hammerton who was to be the purchaser has applyed to the Crown for a grant of it against which we thought proper to enter a caveat. But this is not all we have had repeated accounts from Carolina that we were like to have no quit-rents and that our lands were entered upon, and our pitch and tarr and timber are used at pleasure, and that if some stop was not putt to it, we should have neither timber land nor quit rents. We were under the greatest concern for want of your Lordship's advice and assistance in this dilemma, however we applied to Mr. Ashley, and acquainted him that we thought it proper for us now to reassume the nominating of our own Governor since nothing else was left for us to preserve our quit-rents, and the rest of our properties, and Mr. Ashley's approbation accompanied every step we took. The first thing we did was to present a memorial to H.M. wherein we sett forth that we had appointed Col. Horsey and pray'd the Royal approbation, we apprehending that he was a person perfectly agreable to your Lordship, as we know he was to a great many other noble Lds. of the Councill, and we had reason to beleive that this matter would have mett with no opposition, but to our great surprise, one Mr. Yong, formerly our Surveior, and who intruded without consent into the Receiver General's place for which he has not yet accounted, took upon him in the name of the inhabitants as he pretended, who are all our tenants in arrear, to present a memorial setting forth that the Province would not only fall into the same commotions again in case the Proprietors were permitted to appoint a Governor, but also that many of the inhabitants would leave the Province, and therefore pray'd the Proprietors might not be allowed to appoint a Governor and desired to be heard by his Councill. This insolence moved us so much that we ordered Mr. Shelton to write to him that we designed to move the Councill to dismis his petition, unles he could produce his authority, and he in writing not only returned that he had Instructions to oppose our nominating a Governor, but to desire and sollicite H.M. to take also the soyle of the said Province unto himself: and upon attending the Councill, and reading Mr. Shelton's representation ; and a motion being made in behalf of the merchants for the matter of their complaints to be heard, their Lordships were pleased to appoint a day for hearing both these matters together, but Mr. Nicholson obtained an order to enlarge the time, and when that came he obtained a further order to put of the hearing till your Lordship's arrival : and upon the hopes of your Lordship's coming so soon, we did not think it proper to make any farther application to the Lds. of the Committee. This my Ld. is a full state of all our proceedings, and we don't doubt but we shall have your Lordship's assistance and concurrence ; since it is for the common interest, and advantage of the province as well as the Proprietors. And now we shall have your Ldship's. presence in town we are perswaded your Lordship will join with us in bringing this matter to a speedy conclusion, which has so long been suspended to the prejudice of yr. Ldshipp and my Ld., your Lordship's most obedient humble servants. Enclose copy of Mr. Yong's letter. Without date or signature. [C.O. 5, 290. pp. 178–180.]
[1726].394. John Hammerton to Sir Robert Walpole. Begs him to intercede again with the Duke of Newcastle for the dispatch of his patent for the Secretaryship of Carolina etc. (v. Jan. 7th). " The voyage I took from Jamaica, to Carolina, (where I articled with the Secretary) and from thence hither has been very expensive" etc. Signed, John Hammerton. Without date. 2 pp. [C.O. 5, 383. No. 20.]
[1726].395. Same to Same. The Duke of Newcastle has ordered my business to be done, but the warrant for the patent drawn by Mr. Delafaye is for " Secretary, Clerk of the Council, and Clerk of the inrollments : but the chief appendance belonging thereto is not inserted, viz. Register of the Records. All the Records of the Province, and the publick transactions of both Councill and Assembly, have always been registered and fill'd in the Secretary's Office (and it is a considerable perquisite)." Begs him to speak with the Duke on his behalf, " there being no sallery, and the whole income of that Office, with all the perquisites, does not exceed £300." Signed, John Hammerton. Without date.1 ½ pp. [C.O. 5, 383. No. 21.]
[?1726].396. Same to the Duke of Newcastle. Notwithstanding H.M. Order, your Graces and the rest of the Lords Justices' warrant for a patent for the Secretary's place of S. Carolina; the Proprietors' Secretary (Mr. Shelton) has put in a caveat in the Signett Office against the said patent passing the Seals, disputing H.M. Royal power in the government of that Province. Prays for an order for it to pass etc. (v. 7th Jan.). Signed, John Hammerton. Without date. 1 p. [C.O. 5, 383. No. 22.]
[1726].397. Robert Johnson, late Governor of Carolina, to the King. Recounts his services and prays to be appointed provisional Governor of S. Carolina, in succession to General Nicholson, who has leave to return. 1 large p. Enclosed,
397. i. (a) Address of the Assembly of S. Carolina to Governor Johnson. Charles Town [1719]. It is the greatest satisfaction imaginable to us, to find throughout the whole country what universal affection difference and respect the inhabitants bear to your Honours person and with what passionate desire they wish for a continuance of your gentle and good administration. Entreat him to take upon him the Government in H.M. name. The well being and preservation of the Province depend largely upon his complying with their request etc. 25 signatures.
(b) Governor Johnson to the Assembly of S. Carolina. Reply to preceding. I hold my Commission from the true and absolute Lords and Proprietors with H.M. approbation and by that Commission I act etc. Copy. 1 large p. [C.O. 5, 383. Nos. 25, 25 i.]
[1726].398. Robert Johnson to the Duke of Newcastle. Similar petition to preceding, and enclosure i (a) after General Nicholson's return. [C.O. 5, 383. Nos. 26, 26 i; and (duplicate of enclosure) 26 ii.]
[? Oct.
399. Same to the King. Similar petition and enclosure 397 i (a). General Nicholson has now been in England a year and a half etc. [C.O 383. Nos. 27, 27 i.]
[1726].400. Anonymous account of the Duke of Portland's conduct in Jamaica. Complains of the cases of the Chandos and Espérance, and the Governor's provoking management of the Assembly, Mr. Bernard, and the Provost Marshal. He refused to accept Mr. Henderson's appointment by the Lords of the Admiralty as Judge Advocate of the Vice Admiralty Court, and protects the Marquis du Quesne, Capt. of the fortifications at Port Royal, whom the Assembly have proved a chief dealer in the prohibited French trade, and trade with the Dutch ships which come in under pretence of distress, etc. 16 pp. [C.O. 137, 52. ff. 208–215v.]
[1726].401. Memorial by Alexander Stevenson to the Duke of Newcastle. States the proceedings of Governor the Duke of Portland in the case of the Chandois and Espérance. 2 1\2 pp. [C.O. 137, 52. ff. 218–219.]
1726.402. An answer to some complaints against the duke of Portland in a letter from Jamaica. Case of the Chandois and Espérance re-stated etc. Without date, signature or endorsement. 3 ½ PP [C.O. 137, 52. ff. 290–291v.]
[1726].403. Representation of Springett Penn and Hannah Penn, praying H.M. approbation of Major Patrick Gordon as Lt. Governor of Pensilvania and the three counties on Delaware etc. v. A. P. C. III. No. 94 and 1st March supra. Signed, Springett Penn, Hannah Penn. 1 p. [C.O. 5, 1234. No. 7.]
[? 1726]404. Petition of John Vat, of London, Gentleman, to the King. In pursuance of patents granted by the Lords Proprietors of Carolina (v. July 9, 1725), some Swiss Gentlemen had engaged above 200 persons in or near Geneva. In Sept. above 100 went to Neuschatel, where they were to be joined by others for S. Carolina. Several other Swiss Gentlemen, who had promised to advance money for that undertaking (hearing, that the Lords Proprietors had refused to comply with their engagements, in relation to the charge of transportation, and had granted another patent to Stephen Godin and Jacob Satur, of London, in trust for Mr. Purry, in order to carry only 200 persons, at his own charge, from Switzerland to S. Carolina) declined likewise to perform what they had promised. So that Purry, and others concerned with him, for want of £100 sterling, were obliged to withdraw from Neuschatel, and leave the Swiss to shift for themselves. In November about 50, being encouraged by a Gentlewoman with two small children went to Basil, but for want of money, only 20 went thence to Holland, who were transported thence in a ship sent by the merchants who agreed with Mr. Purry to transport 200 of them, sailing from Dover Road on 6th Dec, and arrived at Charles Town after six weeks. As they can have no lands allotted them by virtue of the said patents, prays for H.M. royal consideration for their relief. Signed, John Vat. 1 p. Without date. [C.O. 5, 383. No. 31].
405. Virginia. Naval Officer's accounts of ships entered and cleared, 1726–734. 1 large vol. [C.O. 5, 1443.]
405a. Correspondence of Commandants of Essequibo with the Directors of the Dutch West India Company. [C.O. 116, 24, 25.]
April 21.405b. H.M. Instructions, relating to the Acts of Trade and Navigation, to Springett Penn and Hannah Penn, widow, Proprietors and Governors of Pennsylvania. [C.O. 5, 193. pp. 1–26, 30, 31.]
April 23.405c. Mr. Fane to the Council of Trade and Plantations. Has no objection to 6 Acts of New Hampshire, 1723, 1724 (v. 1st Dec. 1725). Signed, Fran. Fane. Endorsed, Recd. 2nd June, 1726, Read 31st May, 1728. l ½ pp. [C.O. 5, 870. ff. 113, 113v, 114v.]
May 4.
Newport on
405d. Address of Governor and Company of Rhode Island and Providence Plantations to the King. Congratulate H.M. upon his preservation from the danger he was exposed to by tempest in his passage from Holland in January, and thank the Almighty for "continuing so precious a life to sit on the Brittish throne to the unspeakable joy and comfort of all your loyal Protestant subjects, who thro' your princely wisdom and conduct have been preserved from Popery and Slavery" etc. Signed, Saml. Cranston, Governor. L ¼ pp. [C.O. 5, 1302. ff. 5, 5v.]
1726–1737.406. Treasurer's accounts, Barbados. [C.O. 33, 30.]