America and West Indies
July 1727

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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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312-323

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'America and West Indies: July 1727', Calendar of State Papers Colonial, America and West Indies, Volume 35: 1726-1727 (1936), pp. 312-323. URL: http://www.british-history.ac.uk/report.aspx?compid=72351 Date accessed: 03 September 2014.


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Contents

July 1727

July 2.
Whitehall.
627. Duke of Newcastle to Mr. Walpole. Encloses following Continues:—KM. has commanded me to renew the directions contained in the letter, which by order of the late King I wrote to you the 31st May etc., and your Excy. is accordingly to hear what the Mareshal d' Etrées has to offer for accomodating this dispute, and to endeavour to adjust it in the best manner you shall be able, and upon such terms as you shall judge to be most for the publick service, as well as for his Grace's particular interest. Refers for particulars to enclosure. Signed, Holies Newcastle. Without endorsement. Copy. 1 p. Enclosed,½
627. i. Memorial of the Duke of Montagu to the King. Repeats account of Sta. Lucia and proposal to share it with M. d' Estrées, and requests renewal of instruction to Mr. Walpole to treat of this affair (v. 31st May). Without date or signature. Endorsed, Sent to Mr. Walpole, 2nd July, 1727. Copy. 5 2/3 pp. [C.O. 253, 1. Nos. 33, 33 i.]
July 5.
Whitehall.
628. Mr. Popple to Mr. Fane. Encloses for his opinion in point of law 14 Acts of S. Carolina,, passed March, 1727. List annexed. [C.O. 5, 400. pp. 225–228.]
July 5.
Whitehall.
629. Same to Same. Encloses for his opinion in point of law, five Acts of the Massachusets Bay, 1726. [C.O. 5, 916. p. 12.]
July 5.
St. James's.
630. Order of King in Council. Referring following to the Council of Trade and Plantations for their report. Signed, Edward Southwell. Endorsed, Recd. Read 24th July, 1727. 1 p. Enclosed,
630. i. Petition of John Elliott, of Topsham, Devon, to the King. Petitions for office of Collector of Customs at Newberry, N.E., as a reward for his services in taking seven sail of sloops etc. manned by Indians who had attacked the Fishery at Canso in 1722. Petitioner was dangerously wounded in the action etc. Copy. 2 ½ pp.
630. ii. Governor Philipps' Commission to Capt. Elliott to proceed against the Indians referred to in preceding. Canso, 25th July, 1722. Signed, R. Philipps. Copy. 2 ¼ pp. [C.O. 5, 870. ff. 1, 2–3, 4–5, 8v.]
July 8.
Philadelphia.
631. Lt. Governor Gordon to the Duke of Newcastle. In obedience to his Grace's commands of 13th Jan., sends back to London a son of one Edward Busby etc. Signed, P. Gordon. Endorsed, Rd. Sept. 22nd. Holograph. 1 p. [C.O. 5, 1234. No. 10.]
July 10.
Philadelphia.
632. Anon, to the Council of Trade and Plantations. The revenues of the Crown arising by the duty on tobacco are in this trading city very much impaird by some persons trading to Barbadoes. Few vessels carry thither less than 30 to 150 tierces of tobacco containing 450 lb. and never enter but from 4 to 20 tierces, the remainder passes for biscuit etc. Some are of opinion the Collector is concerned with them, seeing they are his nearest friends that practise itt, others ascribe his inactivity and connivance to his great age and riches, being in the 89th year of his age etc. Whatever the reason, the Crown is defrauded yearly of the duty on at least 700 hhds. of tobacco etc. Endorsed, Recd. 15th Jan., Read 8th May, 1728. Addressed. 2 ½ pp. [C.O. 5, 1267. ff. 23–24v.]
July 11.
Whitehall.
633. Council of Trade and Plantations to the King. Recommend for confirmation Act of New York to vest in Thomas Hicks etc. (14th Dec. 1726). [C.O. 5, 1124. p. 408.]
July 11.
Whitehall.
634. Circular letter from the Council of Trade and Plantations to the Governors of Plantations. Enclose H.M. Proclamation for continuing all Officers in the Plantations till H.M. further pleasure shall be known, "that you may cause the same to be made publick within your Government" etc. [C.O. 324, 11. p. 49.]
July 14.
Whitehall.
635. Order of Committee of Council. Referring to the Council of Trade and Plantations the enclosed petition for their report. Signed, Edward Southwell. Endorsed, Recd. 19th July, Read 27th Sept., 1727. l ¼ pp. Enclosed,
635. i. Petition of Council and Assembly of S. Carolina to the King. 11th March, 1726(7). £120,000 was printed and the greatest part issued before the repeal of the Act for printing and making current £120,000 in bills of credit was received. The Assembly then immediately passed a law directing £55,000 to be called in and burnt, by funds which had been before appropriated to the support of H.M. Government. Pursuant to the said law £13,645 has been paid into the Publick Treasury and burnt, and there is now due for duties £13,432 9s. 6 ¼ d. not yet burnt. Since the application of the said fund for calling in and burning the bills of credit amounting to £55,000, your Majesty's subjects in this Province are laid under insuperable difficulties and hardships from the great taxes they are obliged annually to raise for the security and support of this Government, which as it is contiguous to the Spaniards at St. Augustine, as well as the French at Moville, they for several years have and still are under a necessity to maintain three Garrisons and keep a body of men constantly to range by land and boats to scout by water to prevent the daily incursions and murders by the Yamasee and other Indians on your Majesty's subjects being on the borders of the Province. In case of a war with either the Spaniards or French this frontier Colony will be in great danger of falling a sacrifice to the enemy since the several fortifications in the Province are almost ruined and quite defenceless. Under this distress therefore it is that we in the most dutiful and loyal manner represent to your sacred Majesty the hard circumstances of your subjects in this remote part of your Dominions and humbly pray that you'll be graciously pleased to ease their great and heavy taxes by giving your Royal Orders to your Government here to permit your General Assembly to pass a law whereby instead of burning the bills of credit already and still to be paid into the Treasury by the Sinking Fund abovemenconed, the said sum of £13,432 9s. 6 ¼ d., as well as what will hereafter arise for dutys shall be forthwith issued and applyed for repairing the fortifications and erecting such new ones in the Province as shall be thought necessary for the security and defence of the same, etc. Signed, in Council, At. Middleton. By Order of the Commons House of Assembly, Tho. Broughton, Speaker. Endorsed, Recd. 19th July, Read 27th Sept., 1727. 3 ½ pp. [C.O. 5, 360. ff. 11–13v., 14v.]
July 14.
Whitehall.
636. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, Act of Antegoa, 1727, for raising a tax for paying publick debts and particularly applying said tax etc., and Act of Montserrat, 1727, for raising a levy or poll-tax. [C.O. 153, 14. pp. 263, 264].
July 14.
Whitehall.
637. Mr. Popple to Mr. Carkesse. Enquires whether the Commissioners of the Customs require a copy of Mr. Dunbar's proceedings concerning the effects taken out of a Spanish vessel run aground at Barbouda etc. (v. 10th April, 1727). [C.O. 153, 14. pp. 264, 265.]
July 14.
Whitehall.
638. Order of Committee of Council. Referring following to the Council of Trade and Plantations for their report. Signed, Edward Southwell, l ¼ pp. Enclosed,
638. i. Petition of Rev. Timothy Cutler, Samuel Miles, James Honyman, James McSparran, Mathias Plant, George Pigott and Samuel Johnson, all Clergymen of the Church of England, as by law established, on behalf of themselves and several Congregations of the Church of England in the Province of the Massachusetts Bay etc. Abstract. Since the granting of the Charter of Charles I, the Iridependants being more numerous than the people of the Church of England have, in direct opposition to the Charter and to the laws and constitutions of this Kingdom, passed several laws in order to oppress the Church of England people and other Christian inhabitants conscientiously differing from the said Independants. Describe Acts for the settlement and support of the Ministers and Schoolmasters etc. and for maintaining and propagating religion etc., 1692. ff. Continue:— Petitioners have been sent over as Missionaries to New England by the Honble. Society for the Propagation of the Gospel etc., and have laid a very fair foundation of instructing great numbers of the inhabitants there etc. who are of themselves very desirous of embracing the Church of England worship etc., and wherein they should have made a much greater progress but for the oppressions and hardships which they continually received from the Independants which they continue daily to exercise towards your Petrs. and all that become members of their congregations by unwarrantably rating and assessing them for the support and maintenance of the Independant teachers, and for the repairing and building the Independant Meeting houses, and in default of payment by distraining their goods, and laying their persons in actual imprisonment, and using all methods possible to discourage the inhabitants from embracing our Government doctrine and Liturgy whereby the members of our churches are miserably distressed by the force and violence that is used upon their persons and estates in case of the least refusal or delay to contribute to the support of the dissenting teachers and their meeting houses, and on which account at least thirty of the members of the Church of England have been imprisoned at one time in one town, and which your Petrs. humbly represent to your Majesty as the greatest obstacle to the encreasing of the members of the Church of England in that Province, it not being to be expected that tho' in their hearts the inhabitants are entirely disposed to the doctrine of the Church of England, that they should openly come into that profession under which (as matters now stand) they cannot have protection but are liable to imprisonment and all the distresses of the persecuting resentments of the governing power there, which is vested in the Independants with whom the Church of England professors are not at present even upon a level. Such is the unhappy circumstances of the Established Church of England in this Province, whereas were such of the inhabitants who according to their own desires should become members to the Church of England exempted and protected from rates to the Independant teachers, there is great reason to believe many would be daily added to the Church, and by that means the Church enlarged, and your Majesty's supremacy in ecclesiastical affairs be acknowledged, which at present is but too much neglected in that Province. That therefore and as the said Acts in the rigid manner in which they are put in execution may affect the lives as well as the consciences, religion, liberties and properties of your Petrs. and their congregations, and your Petrs. being still apprehensive of greater sufferings, they most humbly beg leave to lay the said Acts before your Majesty in Council for your Royal consideration thereof pursuant to the directions of the said Charter and humbly submit it to your Majestys consideration whether the same are warranted by their Charter and humbly hope your Majesty will be pleased to repeal the same (amongst several others) for the following reasons, vizt. : First in regard no National or Provincial Church is by the said Charter established in the said Province but an extensive and universal liberty of conscience is thereby given and preserved to all sects and denominations of Christians, inhabiting the said Province (Papists only excepted) and no one sect preferred above the other by the said Charter in respect to Church power or government a free liberty of conscience being the principal foundation of the said Charter. Secondly in regard the said Acts tend in the strictest manner to the suppression of a free liberty of conscience expressly granted by the said Charter, and in direct opposition thereto setts up Independancy above your Majesty's other Protestant subjects in general and of their Mother Church in particular, to which your Petrs. belong and instead of disposing matters so as that all your Majesty's subjects there may be peacably and religiously governed and protected and preserving to them their free profession and securing and maintaining liberty of conscience to all your Majesty's Protestant subjects, the said acts in the execution and consequences of them entirely take away all liberty of conscience, the security of religion, and invade the civil liberties and properties, and the rights and priviledges granted to all your Majesty's Protestant subjects by the said Charter. Thirdly in regard the general Court have not by the said Charter (as your Petrs. humbly apprehend) any power to make any laws imposing anything relating to any particular form of divine worship, especially to assess the Protestants of one denomination in support of those of another they being only empowered by the Charter (as your Petrs. humbly apprehend) to make assessments for your Majesty's service in the necessary defence and support of the Government and not for the support of a teacher of any particular opinion whatever which is conceived to be directly contrary to the end the Charter had in view, and if the Charter had given any further power, your Petrs. humbly apprehend it is not to be supposed the Charter would have preferred Independant teachers (which are all along meant by learned and orthodox Ministers in the said Acts) before the Church of England Ministers and therefore should these acts enure they will effectually deprive your Majestys subjects there of the liberty of conscience granted them by the said Charter, in regard the said Legislature will construe none orthodox but their own Independant teachers. Fourthly by these laws and the rigid manner of carrying them into execution great distresses and discouragements are brought upon our Mother Church and the inhabitants of the said Province, who would otherwise freely embrace the publick benefit of the Church of England are thereby greatly discouraged from openly professing themselves members thereof, whereas if these Acts were repealed and any Acts of the like nature prevented from being passed for the future, it is very reasonable to believe the members of the Church of England would receive a daily encrease, and that by this means many flourishing Churches would be very soon effectually established amongst us. Wherefore and for several other reasons and as the said laws are apprehended to be contrary and repugnant to the Laws of England and should these Acts enure they would be of the most dangerous consequence not only to the Members of the Church of England, in the said Province, but also to your Majesty's other Colonies and Plantations abroad, and that your Petrs. and all the members of the Established Church of England in this Province may be freed from the payment of all rates for the maintenance of teachers of any other perswasion. Your Petitioners for themselves and their suffering brethren most humbly pray your Majesty to take all the said several Acts before stated into your Majesty's Royal consideration and that your Majesty will thereupon be Pleased to pronounce your royal negative and repeal the same and each of them, and that the proper and necessary directions may be given to prevent any Acts of the like oppressive nature from being passed for the future, and that your Majesty will be pleased to make such further and other order in the premisses as your Majesty in your great wisdom and goodness shall see fitting to provide. 14 2/3 pp. [C.O. 5, 870. ff. 11–20, 22v.].
July 16.
Jamaica.
639. President Ayscough to the Duke of Newcastle. Refers to letter of 24th April and enclosed Speech to the new Assembly. Continues:—But the same spirit has appeared in them as in the former Assemblies; The first thing they begun upon was renewing and justifying the proceedings of late Assemblies, particularly with respect to taking the Provost Marshall into custody; then they ordered several bills to be brought in particularly one for providing for the soldiers of the two Independent Companies only for twelve months, another bill for raising a revenue only for 21 years wherein they were to give the King no more than the old Revenue mentioned in the late 21 years laws, and several other extraordinary bills too tedious to trouble your Grace with the mention of them and at last they came to several very ridiculous resolutions on my Speech, and sent me a very indecent message (inclosed). This is all the answer I have been able to obtain from them in return to H.M. most gracious recommendations concerning the draught of the bill for perpetuating their laws ; so finding little good was to be expected from them the Council advised me to prorogue them, and they now stand prorogued to the 22nd of August next: As I cannot expect any success from them (were they allowed to meet at that time) so I shall prorogue them from time to time until H.M. shall be pleased to signify his further pleasure concerning them ; They have been lately buoyed up with some private letter from home intimating as if H.M. intended to receed from the draught recommended to them ; if so, my successor will be very easy for the first year in his Government; but it is obvious to the meanest capacity that when once the Assembly have got their laws made perpetual and that a sufficient revenue is not therein provided for the support of H.M. Government equal to the annual charge, a Governour must be dependent upon them, and continual broils will ensue. H.M. goodness has been very great (if our Assembly had but gratitude to acknowledge it) in accepting of the Revenue annexed to the draught; for the charges of the Government increase yearly and even were the Assembly inclinable to make the Revenue £10,000 per annum yet there would be a considerable deficiency to the annual charge : the new impost upon indigo computed at £3,000 per annum mentioned in the draught will fall considerably short of that sum, allowing a free trade, and, should ever a rupture happen with France, it will fatally sink: Your Grace is certainly the best judge how far what I have said may be proper to be laid before H.M.; but it is of great importance to the future tranquility of his Government here to have a sufficient revenue settled of equal duration with their laws: I am glad to acquaint your Grace that since my last we have tolerable seasons in most parts of this Island, so that the country begins to have a different view; tho' the trade of the Island is dull and little or no money circulating. We have no late advices from Admiral Hosier; the last we had gave an account that he and five ships were lying near to Carthagena; since which three more ships are sailed from hence to joyn them. Signed, J. Ayscough. Endorsed, R. Sepr. 6. 2 ¾ pp. Enclosed,
689. i. Copy of the Weekly Jamaica Courant, 31st May, 1727. Contains the Speech of President Ayscough to the Council and Assembly of Jamaica, 23rd May, etc. Refers to the repeated commands he has received from H.M. to recommend to them the perpetuating their laws etc. Printed. 4 pp.
639. ii. Reply of Assembly to preceding. Ask that H.M. repeated commands referred to may be communicated to them. As an instance of their dutiful and loyal obedience to H.M. recommendations, they send up a bill making the usual provision for the two Independent Companies, which former Assemblies had prepared, but were prevented from sending up by frequent dissolutions and prorogations. They do not conceive that H.M. ever intended to impose on them the draught of the bill sent down to them, etc. Copy. 1 1/8 pp.
639 iii. Resolutions by the Assembly of Jamaica, 1st June, 1727. Copy. 2 pp. [C.O. 137, 52. ff. 335, 335v., 337–341v.]
July 16.
Jamaica.
640. President Ayscough to the Council of Trade and Plantations. Repeats preceding covering letter. Signed, J. Ayscough. Endorsed, Recd. 6th, Read 7th Sept., 1727. 2 ¾ pp. [C.O. 137, 17. ff. 5–6v.]
July 17.
Whitehall.
641. Duke of Newcastle to the Council of Trade and Plantations. H.M. having been pleased to appoint Majr. Genl. Hunter to be Governor of Jamaica, draughts of his Commission and Instructions are to be prepared etc. (v. Feb. 14). Signed, Holles Newcastle. Endorsed, Recd. 17th, Read 18th July, 1727. ¾ p. [C.O. 137, 17. ff. 1, 2v.]
July 18.
Whitehall.
642. Council of Trade and Plantations to Governor Hart. We have several times had under our consideration an Act of St. Christophers, 1724, for establishing a Court of King's Bench etc., and find the said Act, so far as it relates to the establishing of Courts, and to the advancement of Justice, to be a prudent law and calculated for many good and necessary ends and purposes; But as Mr. Smith has laid before us what he has to offer against it with respect to the appointment of a Judge's Clerk, and as we find upon comparing the docket of fees established by this Act, with that settled by the Act pass'd in 1715, which is by this repeal'd, that some of those fees given to the Secretary, are now given to the Judge's Clerk, who is an officer newly created; we are of opinion that this Act with respect to the Secretary's fees, is an encroachment upon his patent, and contrary to your 56th Instruction; for these reasons, we should have propos'd the repeal of this act; But considering that in other respects, this is a necessary law, we think, you will do well to get a law pass'd to repeal so much of this as alters the Secretary's fees etc. [C.O. 153, 14. pp. 265–267.]
July 18.
Whitehall.
643. Same to the Duke of Newcastle. Enclose extracts of Governor Hart's letter of 10th April, and papers relating to a Spanish vessel run aground at Barbuda etc., and to ships the Spaniards are building at the Havanna to cruise upon our trade etc. Transmit, for H.M. directions thereupon, a bag of letters found in said ship. Autograph signatures. 2 pp. [C.O. 152, 40. No. 24 ; and 153, 14. pp. 268, 269.]
July 18.
Whitehall.
644. Mr. Popple to John Scrope, Secretary to the Treasury. Encloses above extract. [C.O. 153, 14. pp. 269, 270.]
July 19.
Whitehall.
645. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before H.M. Annexed,
645. i. Same to the King. Enclose following.
645. ii. Draught of Commission for Governor Hunter. In the usual form. [C.O. 138, 17. pp. 211–230.]
July 19.
Custom ho.,
London.
646. Mr. Carkesse to Mr. Popple. In reply to 14th July, encloses following. Signed, Cha. Carkesse. Endorsed, Recd. 29th May, 1725, Read 3rd Oct., 1727. Addressed. 1 p. Enclosed,
646. i. Charles Dunbar, Surveyor General of the Customs in Barbados and the Leeward Islands, to the Commissioners of Customs. Antigua, April 20th, 1727. Describes proceedings in case of the Tometa Reta, cast away on Barbuda, v. supra April 10, and asks for instructions as to goods detained by him. Signed, Cha. Dunbar. Copy. 3 ½ pp. [C.O. 152, 16. ff. 11, 12–13v., 14v.]
July 20.
Whitehall.
647. Duke of Newcastle to the Council of Trade and Plantations. You are to prepare an Instruction for Governor Hunter, relating to his appointments, agreable to that which was prepared for the late Duke of Portland etc. (v. 11th Oct. 1721). Signed, Holies Newcastle. Endorsed, Recd. 21st, Read 24th July, 1727. 1 p. [C.O. 137, 17. ff. 3, 4v.]
July 23.648. Wavell Smith to Temple Stanyan. Encloses following, and reminds him that "it was judg'd proper it should be sent from his Grace of Newcastle directing the board of trade to incert it in Lord Londonderry's Instructions..... It is only to prevent a long sollicitation in case the first Assembly should not settle on the Governor and new ones call'd who may be inclined to do it" etc. Offers his services in the Leeward Islands etc. Signed, Wavll. Smith. Addressed. Sealed. 1 p. Enclosed,
648. i. Governor the Earl of Londonderry to the Council of Trade and Plantations. Quotes case of Governor Hart in Antigua and requests that the following clause may be added to his 32nd Instruction, limiting presents to the Governor to the first Assembly after his arrival: —But in case it shall so happen that you shall see good and sufficient cause to dissolve all or any of the respective Assemblys you shall find subsisting at your arrival before they have settled such sum as we have permitted you to accept etc., we do (notwithstanding the aforesaid restriction) permit you to give your assent to such act or acts that all or any of the second respective Assemblys may think proper to pass in order to raise a summ for the augmentation of your salary, provided in every such act or acts so pass'd by such second Assembly or Assemblys there be a clause restraining their taking effect, untill our particular pleasure be known thereupon. "l ½ p. [C.O. 152, 43. ff. 14, 15v.–16v.]
So. Carolina,
Chas. Town.
649. Wm. Hammerton to Governor Nicholson. Encloses his accounts as Naval Officer, Dec. 25—June 24 etc. The certain report of a warr made us flatter ourselves of your Eccys. presence before now etc. Refers to disturbances caused by Landgrave Smith's intended rebellion etc. The Attorney General has accepted of the Judge of Admiralty till further orders in room of Major Blakewey deed. Begs to be appointed to the place of vendue-master in his stead, etc. Signed, Wm. Hammerton. Endorsed, Recd. 2nd Jan., 1727/8, Read 16th July, 1729. Addressed. 2 pp. [C.O. 5, 360. ff. 151–152v.]
July 24.
Virginia.
650. President Carter to the Council of Trade and Plantations. Refers to letter of 29th June and encloses list of entrances and clearances of vessels for Accomack district. Concludes:—Little alteration hath happend in ye Governmt. since Coll. Jennings departed this life the 5th instant etc. Signed, Robert Carter. Endorsed, Recd. 11th, Read 28th Sept., 1727. 1 p. [C.O. 5, 1320. ff. 172, 173v.]
July 25.
Whitehall.
651. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before H.M. Annexed,
651. i. Same to the King. Representation accompanying following. A repetition of 8th June, q.v. Prefixed,
651. ii. H.M. Instructions to Governor Hunter (v. June 8th). Dated, 12th Aug., 1727. [C.O. 138, 17. pp. 153–210, 231–235.]
July 29.
St. James's
652. Order of King in Council. Referring to Committee report of the Board of Trade upon Col. Spotswood's petition. Signed, Ja. Vernon. Endorsed, Recd. 11th, Read 13th Sept., 1727. 1 ½ pp. [C.O. 5, 1320. ff. 151, 151v., 152v.]