America and West Indies
May 1727, 1-15

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

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1936

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271-286

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'America and West Indies: May 1727, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 35: 1726-1727 (1936), pp. 271-286. URL: http://www.british-history.ac.uk/report.aspx?compid=72348 Date accessed: 02 August 2014.


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Contents

May 1727, 1–15

May 2.
Admty.
Office.
532. Mr. Burchett to Mr. Popple. H.M.S. Argyle, Capt. Bouler, and the Ludlow Castle, Capt. St. Lo, being designed to go convoy this year to Newfoundland, etc., asks for Instructions and Heads of Enquiry etc. Signed, J. Burchett. Endorsed, Recd. 2nd, Read 3rd May, 1727. Addressed. 2 2/3 pp. [C.O. 194, 8. ff. 46–47v.]
May 2.
Whitehall.
533. Mr. Popple to Mr. Ayscough, President of Jamaica. Acknowledges letters of 2nd Oct. and 26th Jan. last. Continues : —My Lords Commrs. desire, you will send as soon as you possibly can, the other accounts you promise to transmit, and that you will be punctual in transmitting a regular acct. of whatsoever is transacted during your administration. My Lords are very much concern'd to find by the proceedings of the Assembly, sent 26th Jan., that they are so little inclinable to do their part towards restoring the publick tranquility of the Island ; But as H.M. has at present the state of Jamaica and the particular proceedings of your Assembly under his immediate consideration; when he has been pleas'd to determine thereupon, further orders will be sent to Jamaica upon this subject. [C.O. 138, 17. pp. 135–136.]
May 2.
Whitehall.
534. Same to President Carter. Acknowledges letter etc. of 4th Aug. and 14th Jan. last, and Major Drysdale's letters of 29th June and 10th July. Acquaints him with the Board's recommendations concerning the Council (22nd and 29th March), and of the Act for laying a duty upon liquors etc. (Ap. 26th). [C.O. 5, 1365. pp. 322, 323.]
May 3.
Whitehall.
535. Order of King in Council. Ordering the Council of Trade and Plantations to prepare draughts of Instructions for all Governors of H.M. Plantations in America upon the several points contained in following petition. Signed, Robert Hales. Endorsed, Recd. 8th, Read 9th May, 1727. 1 ¾ pp. Enclosed,
535. i. Petition of Edmund, Bishop of London, to the King. Prays that instructions may be sent to the several Governors to cause the laws against blasphemy, profaneness, adultery, fornication, polygamy, incest, prophanation of the Lord's Day, swearing and drunkenness to be put in execution, since by his Commission (v. A. P. C. III. No. 74), the ecclesiastical laws against these crimes and vices may not be executed upon the laity in the Plantations ; and that the Governors be instructed earnestly to recommend it to the several Assemblies to provide laws for the restraint and punishment of the abovementioned vices against which no laws are as yet provided, and to provide for their presentment upon oath to the temporal Courts, by the Churchwardens, at times appointed, as is already provided in the laws of Virginia etc. Prays that the Governors be instructed to enter upon proper methods for the erecting and maintaining of schools etc. Printed, N. J. Archives, 1st Ser. V. 159, 161. Copy. 2 ¼ pp. [C.O. 323, 8. Nos. 71, 71 i.]
May 4.
Whitehall.
536. Duke of Newcastle to Council of Trade and Plantations. An Instruction is to be prepared for Major General Hunter, relating to his appointments, agreeable to that which was prepared for the late Duke of Portland etc. {v C S P 11th Oct., 1721). Signed Holles Newcastle. Endorsed, Recd., Read 4th May, 1727. Sent for back by D. of Newcastle 9th May. Recd., Read again 19th May. 1 p. [C.O. 137, 16. ff. 363, 364v.]
May 4,
Whitehall.
537. Duke of Newcastle to the Council of Trade and Plantations. Refers following for their report. Signed, Holles Newcastle. Endorsed, Recd., Read 9th May, 1727. 1 p Enclosed,
537. i. Petition of William, Earl of Denbigh, to the Duke of Newcastle. States claim to the plantation called Pensez-y-bien in the French part of St. Kitts and prays for H.M. grant of the same. 2 ¼ pp. [C.O. 152, 15. ff. 318, 319, 320, 320v., 321v.]
May 4
Charles
Towne.
538. President Middleton to Governor Nicholson. Acknowledges letter etc. of 6th and 7th Feb. etc. Encloses Address from the Council to H.M., but as the Assembly are up, it will be difficult to get one from them. Continues:—I designe as soon as possible to send for the Militia Officers and get them to doe the same, and also the Reverend the Clergy etc. Your Excellency complaines of the unreasonable proposeall of Mr. Trott, for printing our Laws. I assure you Sr. it came from the Lower House of Assembly, but as I never did, or will give into it, soe, it dropt at our Board, and I am well assured, that noe Gentleman of the Councill, did underhand countenance him in the said proposeall. Mr. Boone has not gott his money, and he may petition, as you say, I will let him know it. Wee have an acct. (by the way of the Maderas) that the Warr is begun in Spaine. I shall take the best care, I can, to put H.M. Province in best posture of defence, and shall in a small time goe myself to Port Royall and carry with me amunition and other stores for the defence of that place, but after all that i can doe, your Excellency very well knows the weakness of that part of the Province. Encloses copy of Representation (v. 6th May encl. i) which has been industriously handed about amongst the people in the Northern parts of this Governmt., and by a few designing men. You will see in the said paper, what they complaine of, as the tax, tho' not one penny more is raised then what is due, the Act for keeping white servants, the burning the bills etc., but as I have taken a great deal of paines to appease and satisfye the people, and have been at the head of the severall companys to the northward and have put a stop to all such proceedings, and everybody is now easy and quiet, I beleive it may be represented to your Excellency, that the people's veiw in this proceeding was to oversett the Governmt., but it is false, and I am very well assured, it is far from the heart of any one of them. It is true they have given theire reasons in theire paper, but when I have put it home to some of theire cheifs, they confess to me, that they are uneasy in theire private circumstances, for the great numbers of negroes, that have been imported within these three or four yeares (v. 18th Jan. supra), have run them prodigiously in debt, and the sudden fall, of the price of pitch and tarr, which was what abundance of cheifly employed themselves in, has rendered numbers of them unable to pay theire debts soone and theire creditors comeing upon them, has put them under desperate circumstances. And this Sr. is really the true state of their case, and I hope your Excellency will be soe kind to these poore people, as not to harbour the least notion of their haveing any disrespect to H.M. Government. They very much long to have the affaire of the Government decided wth. the Proprietors and that they may be entirely under his most sacred Majesty's Government and protection. As that affaire is still in suspence, soe it gives a handle and oppertunity to people here, of different views and interest to make the Governmt. uneasy etc. Desires him to put these matters before the Duke of Newcastle. Continues :—I am againe desired by the Gentlemen of the Councill, to put your Excellency in mind to gett the Councill filled up, they being now soe few, that theire frequent attendance is very hard on them ; I must againe desire your Excellency to get my salary paid, there being now two years due to me etc. Signed, Ar. Middleton. 2 pp. Enclosed,
538. i. Draught of Address of the President and Council of S. Carolina to the King. Express abhorrence of the endeavours of the Emperor and King of Spain to "deprive your Majesties subjects of the most valuable branches of their trade and raise an intestine warr in your Kingdoms by placing a Popish Pretender on the Throne" etc. We will to the utmost of our power exert ourselves against all your enemies etc. 1 p.
538. ii. Duplicate of Representation. No. 542 i. [C.O. 5, 387. Nos. 74, 74. i, i.i.]
May 6.
Ludlow
Castle,
Margate
roade.
539. Capt. St. Lo to Mr. Popple. In reply to letter of 4th, regrets that he cannot attend the Board as his ship is ordered into the Downs etc. Signed, Jon. St. Lo. Endorsed, Recd. 9th, Read 10th May, 1727. 1 p. [C.O. 194, 8. ff. 50, 51v.]
May 6.
Barbados.
540. Governor Worsley to the Duke of Newcastle. Announces that the Princess Amelia (v. April 18th), having had her leak soon stopped and cargo re-loaden, has sailed in company with six merchant ships for London. Concludes:If they came here to dispose of their separate cargo, I hope I have taken effectual care to prevent them. Signed, Henry Worsley. Endorsed, R. June 26. 2 pp. Enclosed,
540. i. Certificate of the unloading and re-loading of 924 bales of coffee from the Princess Amelia, April 19–23, 1727. Signed, G. Maxwell, Searcher. 2 pp. [C O 28, 44. Nos. 109, 109 i.]
May 6.
Barbados.
541. Governor Worsley to the Council of Trade and Plantations. Duplicate of preceding covering letter. Signed Henry Worsley. Endorsed, Recd. 28th June, Read 28th Sept., 1727. 2 pp. Enclosed,
541. i. Duplicate of preceding enclosure. [C.O. 28 19. ff. 1, lv., 2v., 3v.–4v.]
May 6.
So. Carolina.
Charles
Town.
542. Mr. Middleton to the Council of Trade and Plantations. It is with concern that I find myself obliged to acquaint you with an affaire which on its appearance threaten'd the peace of this H.M. Province. Soone after the riseing of the Generall Assembly, severall of the inhabitants assembled themselves together in different parts of the country, in a riotous and tumultuous manner, and enter'd into a conspiracy and association to maintaine each other in refuseing the payment of the tax assessed on them by the Act of Assembly for the support of H.M. Governmt., and prepared a representation directed to myself and H.M. Councill containing severe and insolent invectives against the Government in generall, accompany'd with threats, in case they should not obtaine releife in the matters which were the foundation of theire clamour. When I was informed of these proceedings I immediately called H.M. Councill, and with theire advice, issued a Proclamation (enclosed). But finding that it did not fully answer the end proposed, I went in person, and treated with severall of the malecontents, wherein I had soe good successe, that they dispersed themselves, and went home well satisfyed. Dureing these transactions a Member of H.M. Councill, had been obliged to comitt to prison, one of the ringleaders, he haveing got together severall persons, and endeavouring to induce them, to enter into the aforesaid measures after I had issued my Proclamation ; But on the submission of his associates, wth. theire promise to give the Governmt. noe further disturbance, to appease the minds of the people, at theire request, I caused him to be released; The Jaws which these people cheifly complaine of, have been transmitted to your Lordships and beare the following titles, an Act for raiseing 27,4521. 3s. 2 ½d. for defraying the charges of the Governmt, Sept. 29, 1726–1727 ; an Act for the better settleing and strengthening this Province. I need not observe to your Lordships the necessity of the former Act, without which it is impossible to support the Government or defend the country ; and as to the latter, your Lordships will easily discerne, that it was calculated to people and strengthen the country to oblige persons who are possessed of large and uncultivated tracts of land, to manure and improve them. These My Lords, were the pretences whereby they promoted the popular clamour, but yor. Lordships will perceive by theire representation (a copy whereof I thought it my duty to enclose you) that the reall cause of theire uneasiness, is the care that the Government has taken, that the Act for sincking the paper money should be effectually complyed with, pursuant to H.M. Royall comands ; and the large debts they have contracted and theire circumstances being made worse, by the ceaseing of the bounty on pitch and tarr, have had no small share in theire murmuring. I hope I have effectually put a stop to any further proceedings of this nature, and shall always use my best endeavours to preserve the tranquility, as well as to promote the welfare of this H.M. Province. Signed, Ar. Middleton. Endorsed, Recd. 19th July, Read 28th Sept., 1727. 2 pp. Enclosed,
542. i. Representation of the inhabitants of S. Carolina to President Middleton. Complain that the country is sacrificed to the malice and extortion of ill effected men, whose punishment they have demanded, but who remain in honour and posts. They themselves are deprived of the right of being tried by their peers and neighbours, and are hall'd to town and tried, it may be an hundred miles from home. "Thus our Courts are only a name, and we are forced to pay a Judge £1,000 for whom no punishment is too great, 'tis he and his brethren that has subverted the laws, injur'd every man's property, and ruined many besides etc. He is continued, tho' our Representations have proved, and voted his proceedings arbitrary and illegall, and a sett of men besides proved and voted in a combination against us, yett remain in honour" etc. We are left a sacrifice to griping lawyers and also to extortioners, who very often make us pay three or four times as much as is their just due and this for want of a good tender law of country produce, or a sufficient quantity of paper bills for the trade of the Province etc. We have not half bills enough yet we must get them or our estates be sold for a quarter of their value etc. Complain that the taxes are augmented, their crops near half lost, the bounty of pitch and tarr make that produce of little value, which was the third part of their trade, "all which the impossibility of commanding bills makes us unable to pay the tax and the calling in £15,000 just upon payment of tax plainly shews that some men design the ruin of the Province" etc. Your honour knows how unjust the tax is laid on us, the aged, sucklings, decrepped, pay the same tax as the best negroes, besides the unjustness of the land tax, some paying 10/for land others 15/for such as is not worth the 20th part as much, which is plain to us, that designing men have a mind to take away our just property etc. As for us the inhabitants of Santee and Wineau, tho' wee have paid so many taxes, yet none of it is applied to our service in order to make a port, tho' we have the best conveniency in the Province for trade, a fresh water river, no worms etc., which damages us £10,000 a year by carrying our produce to town etc. Demand the calling of the Assembly to redress their wrongs etc same endorsement. 2 pp.
542. ii. Proclamation by President Middleton, 21st April, 1727, charging all officers and loyal subjects to disperse such unlawful assemblys and to apprehend offenders, divers seditious and turbulent persons having assembled in a riotous, tumultuous and unlawfull manner and entered into a conspiracy and association to disturb the peace etc. Signed, Ar. Middleton. Same endorsement. Copy. 1 p. [C.O. 5, 360. ff. 17, 17v., 18v.–19v., 20v.–21v.]
May 8.
Admty.
Office.
543. Mr. Corbett to Mr. Popple. The Instructions to H.M.S. Argyle etc., being now ready, asks for Heads of Enquiry etc. (v. 2nd May). Signed, Tho. Corbett. Endorsed, Recd. 8th, Read 9th May, 1727. Addressed, ¾ p. [C.O. 194, 8. ff. 48, 49v]
May 9.
New York.
544. Governor Burnet to the Duke of Newcastle. Acknowledges letter of 18th Jan., enclosing one from Lord Clinton. He has done all that was possible to serve him by recommending proper persons to be entrusted with his case, but could not himself be concerned in the prosecution, as he might have had to hear the case on appeal or in Chancery etc. Set out, N.Y. CoJ. Docs. V. pp. 817, 818. Signed, W. Burnet. Endorsed, Rd. July 8rd. I ¾ pp. Enclosed,
544. i, ii. Duplicates of following letter and No. 549 i. [C.O. 5, 1092. Nos. 53, 53. i, ii; and (duplicate of covering letter only, endorsed, R. Augt. 11th), 5, 1085, No. 60.]
May 9.
New York.
545. Governor Burnet to the Council of Trade and Plantations. Hearing that previous packet was safely delivered, does not send duplicates. Continues:—I have this spring sent up workmen to build a stone house of strength at Oswego, at the mouth of the Onnondages River, where our principal trade with the far Indians is carried on. I have obtained the consent of the six Nations to build it, and having intelligence that a party of French of ninety men were going up towards Niagara, I suspected that they might have orders to interrupt this work, and therefore I have sent up a detachment of sixty souldiers with a Captain and two Lieutenants, to protect the building from any disturbance that any French or Indians may offer. There are besides about 200 traders now at the same place, who are all armed as Militia, and ready to join in defence of the building and their trade etc. The French can have no pretence for doing it, but their lately building a Fort at Niagara contrary to the last Treaty makes me think it necessary for us to be on our guard against any attempts they may make. When the house is finished it will be sufficiently strong against an attack with small arms, which is all that can be brought thither, and I intend to keep an Officer and twenty men always in garrison there, which will be of the greatest use to keep our Indians true to us, it being near the center of all the six Nations, and lying most conveniently to receive all the far Indians who come to trade with us. My Lord Bellomont intended to build a fort near this place etc., but the design was laid by upon his death. The Assembly provided £300 last fall for this service etc., but I have been obliged to lay out more than double upon my own credit, to furnish necessaries, workmen, and make battoes etc., for it is all water carriage from our outmost town, Schennectady, about 200 miles, except five miles, where they must draw their battoes overland etc. I hope the Assembly will supply this deficiency etc. Set out, N.Y. Col. Docs. V. pp. 818, 819. Signed, W. Burnet. Endorsed, Recd. 3rd July, Read 20th Sept., 1727. 3 pp. [C.O. 5, 1054. ff. 169–170v.]
May 9.
Whitehall.
546. Mr. Popple to Mr. Burchett. Encloses Heads of Enquiry for the Commodore of the Newfoundland Convoy. Same as those for 1725 v. C. S. P. April 21st, 1725. Continues : My Lords desire that the Commadore may be directed for the future, to be more punctual in his answers, Capt. Bowler not having return'd such particular answers as my Lords expected to the 20th, 24th, 25th, 37th and 45th Articles. I am further to desire, that for the future, more time may be allowed, for preparing the said Heads of Enquiry ; my Lords not having yet had an opportunity of discoursing with Capt. St. Loe, to whom Capt. Bowler has referr'd himself, for his answer to certain of the said Queries. [C.O. 195, 7. pp. 151, 152.]
May 10.
New York.
547. Governor Burnet to the Duke of Newcastle. Repeats gist of No. 545. Signed, W. Burnet. Endorsed, Rd. July 3rd. 2 ½ pp. Enclosed,
547. i. Duplicate of No. 545. [C.O. 5,1085. Nos. 61, 61 i; and (covering letter only, endorsed Rd. 11th Aug.) 5, 1092. No. 54.]
[May 11]548. State of Col. Spotswood's seating, cultivation and improvements of his lands, showing the houses, buildings, stock, planting and clearing etc. on the Alexandra tract of 28,000 acres, Spotsylvania tract of 40,000 acres and Ironmine tract of 15,000 acres would entitle him to retain 142,360 acres according to the Law of Virginia. 1 ½ pp. Enclosed,
548. i. Order of Spotsylvania County Court, Oct. 5, 1725, for above appraisement, on the petition of Col. Spotswood etc. Signed, John Walter, Cl. Cur. 1 p. The whole, endorsed, Read 11th May, 1727. [C.O. 5, 1320. ff. 137–138v.]
May 12.
New York.
549. Governor Burnet to Mr. Popple. Encloses following. Promises map of New Jersey and explains Surveyor's difficulties in making one. Regrets to hear that leave is not given to apply the interest money to the current service etc. Has been obliged to adjourn the Assembly till after the harvest, and does not expect to meet them in any good humour, since they must meet at their own charge etc. Set out, N.Y. Col Doc. V. 820 and N. J. Archives, 1st Ser. V. 163. Signed, W. Burnet. Endorsed, Recd. 3rd July, Read 20th Sept., 1727. 1 ½ pp. Enclosed,
549. i. Account of the inhabitants of New Jersey. Totals, Whites, 29,861. Negroes, 2,581. Set out, N.Y. tol. Docs. V. 819. Endorsed as preceding. 2 pp. [C.O. 5 972 ff. 137–138v;., 140, 140v., 143v.; and (duplicate of enclosure only) 5, 980. No. 43; and (duplicate of covering letter only, endorsed, Recd. 10th Aug., Read 20th Sept., 1727.) 5, 1054. ff. 171–172v.]
May 12.
Whitehall.
550. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before the King. Annexed,
550. i. Same to the King. Representation upon Col. Spotswood's petition, 27th July, 1726, quoted, State circumstances in which Col. Spotswood became possessed of 9 tracts of land in Virginia, making; 85,027 acres in all, as set out, A. P. C. III. pp168170. Continue:—Of these 9 tracts all but two were patented in or before 1719, and we believe were regularly granted according to the custom of the Province, upon the payment of rights, and subject to the usual quit rents. Of Col. Spotswood's possessions, we find, that he has 25,241 acres in Spotsylvania which before the erection of this new county were included in other counties, and subject to the payment of quit rents ; But if your Majesty should grant the prayer of his petition in general, this land so included in Spotsylvania county, would be exempt from paying any quit rents to your Majesty, for the term of seven years, as well as the land lately taken up there. As to the two tracts (abovementioned), vizt. the Spotsylvania tract of 40,000 acres, and the tract of intervening lands of 19,786 acres, as they were not regularly taken up and patented, according to the custom of Virginia, we shall take leave to inform your Majesty, wt. this custom was, and also wherein the method taken by Colo. Spotswood for granting the new lands patented in Spotsylvania, did differ from the antient custom. Your Majesty's Governors of the Colony of Virginia, by virtue of their Commissns. have been impower'd by and with the advice of your Majesty's Council there, to settle and agree with the inhabits, for such lands, tenements and hereditaments as should be in your Majesty's power to dispose of, and them to grant to any person or persons upon such terms, and under such moderate quit-rents, services and acknowledgments to be thereupon reserv'd unto your Majesty, as they, by and with the advice aforesaid, should think fit; and by ancient custom this discretionary power has been limitted in the following manner, vizt., till 1702, no person was entituled to take up lands in Virginia, without producing authentick proof that he had imported one white servant for every 50 acres of land petitioned for, and a quit rent was always reserved thereupon to the Crown, of 2s. for every 100 acres ; but in 1702, by regulation then made in the Council of Virginia, the takers up of land were at liberty either to produce the ancient importation right, or to pay 5s. for every 50 acres of land contain'd in their patents, in both which cases any person was at liberty to take up land without limitation as to the quantity of acres ; and we do not find that this custom has at any time been broke in upon, with respect to rights or quit rents, except in the grants made of land in the two new erected counties (Spotsylvania and Brunswick counties). But after the Assembly had petitioned your Majesty for an exemption of rights, and of quit rents, for a certain term, in these new erected counties, without waiting to know your Majesty's pleasure thereupon, and presuming that your Majesty would he graciously pleased to grant whatever they desired in that respect, the Governr. and Council of Virginia did grant land, in a method never before practised, that is to say, instead of demanding either money or importation rights, conditional bonds were taken from the Patentees whereby they were obliged to pay or produce those rights in case your Majesty should think fit to demand them : and this form of a bond was afterwards varied into another shape, whereby the Patentees had their option either to pay the rights when demanded, or relinquish the land: But we do not find that Colo. Spotswood has either paid rights, or given security for his Spotsylvania tract of 40,000, or for his intervening tract of 19,786. Wherefore your Majesty's Attorney and Solicitor Genl. are of opinion, that these grants are in consideration of law, a deceit upon the Crown, and may be repealed, if it shall be your Majesty's pleasure. We do find however that Col. Spotswood did some time after he had been superseded in that Governmt., offer his bonds to become answerable for ye rights and wrote to the Deputy Auditor, to acquaint him, that he was ready to pay whatever were the demands of the Governmt. upon him ; but it being then thought that the acceptance of Colo. Spotswood's bonds, would be a confirmation of his grants, his bonds were refused by the Deputy Auditor, until your Majesty's pleasure could be known ; and your Majesty's Attorney and Solicitor General are of opinion that a tender from Colo. Spotswood of the consideration, mentioned in his grants, without your Majesty shall think fit to accept thereof, will not make them valid etc. We beg leave humbly to submit to your Majesty whether any particular dispensation may be granted to Colo. Spotswood, so far as relates to the quantity of land taken up by him in Spotsylvania county ; and whether he may be allow'd to hold the same free from rights, and likewise from quit rents, for the term of seven years, specify'd in the Lds. Justices Instructions, in consideration of his services as Lt. Governor, and so much the rather, because Colo. Spotswood does aver, and has likewise offered, some proofs to us, of his having imported numbers of white servants, and of having made such improvements upon the lands in question, as would have entitled him to have held a greater quantity of lands than those he now possesses, had the same been regularly taken up before the Lords Justices Instruction, and not subject to the restrictions therein specify'd for seating these new counties. [C.O. 5, 1365. pp. 324–335.]
May 13.
St. James's.
551. Order of King in Council. The Council of Trade and Plantations are to prepare a draught of Instructions for Governor Hunter pursuant to the report of the Committee of Council upon the proceedings and Assembly of Jamaica, on the draught of the Revenue and Perpetuity bill etc. The report is set out, A. P. C. III. pp. 79–81. q.v. Signed, Robert Hales. Endorsed, Recd., Read 17th May, 1727. 3 ½ pp. [C.O. 137, 16. ff. 367–368v., 369v.]
May 13.
Virginia.
552. President Carter to the Council of Trade and Plantations. Acknowledges letters of 26th Oct. and 2nd Nov. Continues:—As to the case of the John and Betty mentioned in the latter, I beg leave to assure your Lordps. that there never was any intention to injure the owners, or to oblige them to an illegal payment on the dutys on their rum ; on the contrary the money has remain'd in the Officer's hands, in expectation of their proving the arrival of the ship before the time that duty commenced, but as that is a fact which can only be made appear by the testimony of the crew on board (for the ship was not entered at the Custom house till five days after) I hope the Officer was not to blame for insisting on the paymt. of the dutys till that point was sufficiently proved, and whenever it is the owners may have their money repaid, according to a resolution of the Council (v. Minutes, 21st June). I was under no smal concern on the receipt of the letter from your Lordps.' Secretary to find myself charged with neglecting to dispatch the Journals of the Assembly, till I recollected that I had forwarded duplicates of all the Assembly proceedings in the last Session held by the late Governor, and that I was assured your Lordps. would not fail to observe from the prorogation made by the Governor, that there could be no session of Assembly at the time that letter was writt etc. Encloses Journals of Council to 6th inst., "in which there are but few transactions that require a particular observation." Continues :—For tho' the quarrell between the Sapony Indians tributary's to this Government, and the Tuscoruros living within the limits of N. Carolina. (v. Minutes 2nd Feb. and 26th April) is like to produce open hostilitys between these petty Nations, yet I am not apprehensive of any consequence it can have on the publick peace of this Colony ; I rather hope it may remove from our neighbourhood that remnant of the Tuscoruro Nation who have been most noxious to our frontier settlements. The accots. of quit-rents enclosed etc. will show the encreases of our new settlements, as that of the 2s. a hogshead will demonstrate that the late Act limiting the planting of tobacco, has made no diminution of our export etc. The publick prints giving reason to believe that a war is intended between H.M. and the Crown of Spain it has been judged necessary to order the merchant ships to sail hence in fleets under the convoy of the man of war on this Station, who from time to time, as they can get ready, will see them safe off this coast, and I hope will prevent any attempt from the Spanish privateers of St. Augustine etc. Signed, Robert Carter. Endorsed, Recd. 18th July, Read 28th Sept., 1727. 2 ¾ pp. Enclosed,
552. i. Account of H.M. Revenue of quit-rents, 25th April, 1726–1727. Totals: Receipts (including balance brought forward of £7,160 2s. 6d.) £9,815 17s. 3 ½ d. Expenditure (including payment to H.M. warrant to Peter Leheup of £5,512) £6,538 13s. 5 ¼ d. Signed and sworn to in Council by, John Grymes, Recr. Genll. Audited by, Nathl. Harrison, Depty. Audr. Endorsed, Recd. 18th July, 1727. 4 pp.
552. ii. Account of H.M. Revenue of 2s. per hhd., 25th Oct., 1726—25th April, 1727. Totals:—Receipts (including balance brought forward of £4540 5s. 3 ½ d.) £6,386 17s. lOd. Expenditure, £1,726 4s. 5 ¼ d. Signed etc. and endorsed as preceding. 4 pp.
552. iii. Proclamations by President Carter (i) 1st Feb., 1726(7), proroguing the Assembly to 11th May and (ii) 21st April, 1727, proroguing Assembly to 6th Sept. (iii) 21st April, 1727, for keeping a day of fasting, humiliation and intercession on 10th May, it having "pleased Almighty God for the punishment of our sins to afflict this Colony with a long and violent sickness and grievous mortality" etc. (iv) 26th April, 1727, offering reward of £10 for the apprehension of John Prowse, who last November at a horse-race on Maherine River did assault a Saponie Indian, setting fire to his cloths whilst he was asleep, so that he died etc. Signed, Robert Carter. Same endorsement. 2 ¾ large pp. [C.O. 5, 1320. ff. 153157v., 158v., 159, 160, 161, l6lv.]
May 14.
Argyle, in the
Downes.
553. Commodore Bouler to Mr. Popple. In response to ie his letter to the Admiralty Board encloses following. Signed, E. Bouler. Endorsed, Recd. 15th May, Read 8th June, 1727. 1 p. Addressed. Sealed. 1 p. Enclosed,
553. i. Replies to Heads of Enquiry relating to Newfoundland Fishery, Nos. 20, 24, 25, 37, 45. 3 pp.
553. ii–xv. Bonds taken by Commodore Bouler from New England masters, obliging them to take away from Newfoundland only such men as bona fide belonged to their ships, unless with Capt. Bouler's permission. Bonds in £500 each given, signed and sealed by Roger Dench, 5th Oct., 1724 and 28th Sept., 1725 ; John Miller, 4th July, 1724 and 8th Sept., 1726 ; Benjamin Parsons, 9th Oct., 1724 ; Benjamin Norton, 9th Oct., 1724; Hezekiah Eggelstone, 12th Sept., 1724 ; Richard Mumford, 9th Oct., 1724 ; Joshua Pickman, 1st Oct., 1725 ; John Clarke, 22nd Sept., 1725 ; John Ela, 18th Sept., 1726 ; John Moore, 9th Sept., 1726 ; Nathaniel Freeman, 14th Sept., 1726 ; Joseph Linton, 1st July, 1726. Endorsed, Recd. March 15th, 1727. Sealed. 14 pp. [C.O. 194, 8. ff. 86, 87–88, 89v., 90, 91, 92, 93, 94, 95, 97v., 98, 99, 100, 103v., 104, 105, 106, 107, 108, l14v.]
[May 15].
Date of
receipt.
554. Governor Hart to the Council of Trade and Plantations. Encloses affidavits to show that Mr. McDowall's complaint is groundless, malicious and unjust, and only contrived to calumniate his character etc. Continues : —In 1712 Governor Douglas made a grant for three years to several persons in trust for his son John Douglas of a plantation of 500 acres in the late French part of St. Christophers, which bounded on the east side with the tops of the Canada Hills, and likewise a grant to McDowall of a plantation upon those hills, bounded on the west side likewise with the tops of them. Lt. General Mathew renewed the grant for 2 ½ years in Jan. 1715 to the same trustees for Mr. Douglas for 504 acres, and though described in a shorter manner etc. alwaies understood to be the same lands. Mr. Hamilton succeeding, and having been at great variance with Mr. Douglas during his administration, would never renew the grant to his son. But the trustees obtained a signification to him of H.M. pleasure, 31st Dec. 1718, that Mr. Douglas should remain in the quiet enjoyment thereof till H.M. should think fit to dispose of that part of St. Kitts etc.; and enjoining Mr. Hamilton, in case he had given any grants to dispossess the Trustees, that he should recall the same, which order was reinforced by another letter from Lord Carteret, 14th Sept., 1722 etc. Mr. Douglas' father had stock't this plantation, and he or his Lady had the management of it till his son came of age, 1723. General Douglas, being streightned in his circumstances had borrowed money of one Mr. Barnardiston a merchant of London, for which he mortgaged not only his own stock, but his son's plantation too. But they never received any disturbance in their possession (claiming a right up to the very top of the Canada hills) till the latter end of 1721 ten years after Mr. McDowall had a grant for his plantation which on that side did adjoyn to it. Then it was that Mr. McDowall sett up a claim to some lands below those hills, and (Mrs. Douglas being then in England, her son in England and the affairs of their family in great confusion) entered upon and planted the peice of land now in question, which contains little more than three acres, and whereon his canes grew which he complains I destroyed ; and without any legal process, but by the force of his own will only dispossessed them. Your Lordships will observe by (enclosed) proofs, that opposition at this time was made to him, by Mr. Douglass' son in law and Mr. Barnardiston's agents, and tho' it was not so vigorous as in all likelyhood it would have been if Mrs. Douglas had been present, yet tis probable it would have been more effectual, if the persons that represented Mr. Barnardiston and Mrs. Douglas had not been amused and deluded by the fair promises of McDowall to refer the matter to the Surveyor etc. Mrs. Douglas being dead, and his father in a way rather of consuming than advancing his son's fortune, the latter thought it would be most prudent to stock and settle his land upon his own bottom, and to make some provision for the purchasing thereof when H.M. should come to a resolution to sell the same etc. He therefore proposed that if I would lend him £1,000 sterl. upon his own security, when those lands should come to be sold, and pay him £100 guineas a year in the mean time, he would resign his interest in part of his plantation to me etc. Deeds were executed accordingly, and I have advanced the £l,000 to him which has enabled him to purchase 200 acres out of the remaining part of his plantation etc. Encloses plan of grant so divided. Explains that upon first coming to his government, and finding Mr. Douglas possessed of so large a plantation as 500 acres, which was double the quantity held by any other subject, and much greater than he could occupy, he made a grant of 200 acres of it to himself, but when he applied to H.M. for confirmation thereof, Lord Carteret signified H.M. pleasure that Mr. Douglas should retain the whole plantation, 1st June, 1723, etc. Continues: —Mr. Douglas could not cultivate it all himself, but his design was to draw money out of my pockett, and thro' me to serve his own purposes another way, and therefore upon receiving H.M. pleasure as aforesaid, he made the above proposal to me.
Mr Douglas's affairs being in this state, and he being molested in other parts of his plantation by other people and by one Mr. Ward, who had dispossessed him of 30 acres which Governor Hamilton never thought fit to restore him to, altho' he had received express orders to do so, 30th Nov., 1720, he served me with all these Orders and required me to put H.M commands in execution, and since he had no formal grant since Mr. Mathews's, which had been long expired desired that I would pass him a grant in the same terms as the first, which I thought I was bound to do, and directed him to prepare a grant o be laid before me in Council. When this grant was offer'd in Council Mr. McDowall was the only person that appear'd to oppose it, pretending that he was in possession of and had a grant for some of the lands contain'd in it, and particularly the land now in dispute, and that H.M. had signified to me by my Lord Carteret that he should remain in the quiet enjoyment of the lands he so possess'd. By my agreement with Mr. Douglas, being now become a party in this question, I desired Mr. McDowall to produce his grant to the Council etc. for their opinion, but he refused, and therefore I passed the grant to Mr. Douglas, and had the unanimous concurrence of the Council therein. Mr. McDowall was not in possession of the lands till 4th March following the date, 13th Feb. 1722, of Lord Carteret's letter signifying that it was H.M. pleasure that he should remain in possession of the lands he then possessed. As the dispute with Mr. McDowall now fell upon me etc. I endeavoured to adjust it by amicable means, and we came to a mutual agreement that the bounds between us should be settled by H.M. Surveyor General, who had surveyed both plantations before this dispute began etc. But when the day came, Mr. McDowall flew from that agreement etc. However the Surveyor shewed me the bounds of his plantation, which were the same as McDowall had himself shown him two years before, and it thereby appeared that this piece of land was not any part of his plantation etc. Still I was willing that he should reap the cane that was then growing upon this land, which was a rattoon cane (that is a cane that grows from the root a second time, after the first cane which is called a plant cane has been cutt, without any manure or labour, but only to free it from the weeds), and tho' this is a cane which comes to its perfection in twelve months : yet I waited above 18 to give him an opportunity of cutting it etc. When it was manifest that it was unfit for making of sugar etc., and in all appearance he had no intention of doing anything with it, I gave orders for planting the land, not imagining that he had any purpose of further continuing the dispute etc. As to the charge of destroying his provisions, no such thing was ever done by my direction etc. But as we both of us give the skirts of our plantations to our negroes to plant provissions for their own use in, it is very possible that they may have committed some trespass's of this kind upon one another. This is what happens in every plantation, and what no man can altogether prevent, but I have taken as much care to do it as possible, and always given directions for punishing my negroes whenever I have heard of any such thing etc. I don't find the damage amounts to 10s. etc. Thus the matter stood when Mr. McDowall left this island in 1723 etc. Expatiates upon his refusal to produce the grant he pretended to have for this land etc. Concludes : —If I am justified by your Lordships, (as I trust I shall) I don't see but that Mr. McDowell's ends will for the most part be answered, unless your Lordships can find out some methods to make me some reparation for the expence and vexation he has put me to etc. I hope your Lordships will consider it; and how hard the case of a Governor must be, if he is to be thus vext and troubled, for obeying the King's commands, without redress. And that this complaint was exhibited with no other veiw, will appear the more plain, when your Lordships consider not only the insignificant quantity of land; but that this complaint was made after H.M. had issued a Commission for sale of these lands, by which no person was to be allowed to purchase more than 200 acres, and that Mr. McDowall without this had more than 300 in his possession etc. Submits whether a man who has shewn so little reverence to the authority vested in H.M. Governour, and treated it so contemptuously, can be thought a friend to his service, or worthy of the honour of sitting any longer in H.M. Council here. Signed, Jo. Hart. Endorsed, Recd. 15th May, Read 28th Sept., 1727. 13 large pp. [C.O. 152, 16. ff. 4–10v.]