America and West Indies
October 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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366-376

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'America and West Indies: October 1727, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 35: 1726-1727 (1936), pp. 366-376. URL: http://www.british-history.ac.uk/report.aspx?compid=72355 Date accessed: 23 August 2014.


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October 1727, 1-15

Oct. 1.
Jamaica.
722. President Ayscough to the Duke of Newcastle. Acknowledges receipt on Sept. 28th of letter signifying the accession of King George II etc. Continues:—I immediately gave directions for preparing the proper ceremonies, and every thing having been prepared in the most solemn manner I, being assisted with H.M. Council and great numbers of the chief inhabitants, proceeded yesterday to sign the Proclamation and then to proclaim our most gracious Sovereign King George the Second, which was done with the greatest solemnity and joy imaginable under the triple discharge of the great Artillery, regular forces and Militia ; the like ceremony has been performed at the other usual places, and nothing but an universal satisfaction appeared upon this occasion at H.M. happy and peaceable accession to the Throne. The proclamation for continuing persons in office at the decease of the late King, has likewise been published with the accustomed solemnities, and I have taken proper measures with the advice of the Council for the further security of the Government. The Council have joyned with me in an humble address to congratulate H.M. happy accession to the Throne, and I intreat your Grace will be pleased to present it to H.M. as the earliest mark we at present can give of our duty and loyalty to his most sacred person and government. Refers to former letters. Continues :— We remain still in the same situation as to H.M. recommendations and must wait for H.M. further commands, for there is little hopes that an Assembly will ever comply with the terms of the late draught transmitted hither. Your Grace must be sensible what a difficult task I have had in supporting of this Government without either law or money; H.M. two Independent Companies have been since February last without their usual country subsistence, and the company placed in this town, which used always to be under the command of the Governour or Commander in Chief for the time being, is now dwindled into a very small number : I represented this matter to the Secretary at War some time ago but I was answered that His late Majesty had been pleased to conferr the command of that company on Mr. Hunter from the day of the late Duke of Portland's death, so that it is not in my power to recruit it; The Lieutenant has brought me several times muster-rolls to sign, but I cannot in justice to H.M. sign muster rolls for 100 men, which there ought to be, when in reality there is not at present 40 men in the said company, nor have they had cloathing for some considerable time past. I mention these things to your Grace with no other design than that, if any fault should be found, the blame may not be at my door. Signed, J. Ayscough. Endorsed, R. 14th Dec. (by ye Happy sloop). 2¾ pp. [CO. 137, 52. ff. 343–344v.]
Oct. 1.
Jamaica.
723. President Ayscough to the Council of Trade and Plantations. Duplicate of preceding. Signed, J. Ayscough. Endorsed, Recd. 18th, Read 19th Dec., 1727. 2¾ pp. [CO. 137, 17. ff. 28–29v.]
Oct. 2.
St. James's.
724. H.M. Warrant to John Rollos, Engraver of H.M. Seals, for making new Seals for the Plantations etc. v. A. P. C. III. No. 123. Countersigned, Holles Newcastle. [CO. 323, 8. No. 77 ; and 324, 36. p. 15.]
Oct. 3.
Whtiehall.
725. Mr. Popple to Mr. Carkesse. My Lords Commissioners having under consideration the Instructions for the Governor of Virginia etc., observe that certain articles relating to the duties on tobacco there, were given to Genl. Nicholson in 1698, and have been continued to all the succeeding Governors ; in which there seems to be a power given to the Governor of appointing and dismissing Collectors and Naval Officers in Virginia, which their Lordships think may interfere with the power given to the Surveyor General. Their Lordships therefore desire the opinion of the Commissioners of H.M. Customs upon the said articles. Annexed,
725. i. Copies of Articles 126–129 in Governor Lord Orkney's Instructions. [CO. 5, 1365. pp. 367–371.]
Oct. 4.
Whitehall.
726. Council of Trade and Plantations to the Duke of Newcastle. There having been an Instruction omitted in the draught we prepared for Major Genl. Hunter (v. June 8), wch. we think it necessary to be given to him, we enclose following to be laid before H.M. Annexed,
726. i. Additional Instruction for Governor Hunter. Whereas it is necessary we should be distinctly informed of the Trade of Our Island under your Government; you are to take especial care, that due entries be made in all the ports, of all goods and commodities their species and quantities imported or exported from thence with the names, burdens and guns of all ships importing and exporting the same, also the names of their Commanders, and likewise expressing from and to what places the sd. ships do come and go, a copy whereof the Naval Officers is to furnish you with : You shall therefore every three months or oftner or otherways as there shall be opportunity of conveyance transmit to Our High Treasurer or to the Commrs. of Our Treasury for the time being, and to Our Commrs. for Trade and Plantations copies of the said accounts as also of the invoice which every Master is to give you at his clearing of the contents and quantity of his lading etc., according to the specimen annex'd to your Instructions in relation to the Acts of Trade and Navigation. [CO. 138, 17. pp. 237, 238.]
Oct. 4.727. B. de la Fontaine to the Council of Trade and Plantations. Replies on behalf of Mr. Missing who is ill at Portsmouth. It appears by his accompts, reported on by Comptrollers of the accompts of the Army, that Mr. Missing has supplied the garrisons of Placentia, Cansoe and Anapolis Royal according to contract and that there was a large quantity of provisions still remaining in store. Navigation to Annapolis being very dangerous and one provision ship having been lost, he ordered Mr. Borland of Boston to supply that garrison which he did with a great deal of satisfaction, till lately Col. Armstrong refused to be supplied by him, and wrote Mr. Missing he would victual that garrison himself, and draw on him for the value, and accordingly hath continually sent back the provisions sent him under the notion of their being bad, altho' wee have certificates under oath etc. that they were fitt for the Garrison's use etc. Mr. Borland has now been obliged to comply with his demands. Mr. Missing has great reason to complain of the disregard of his contract. Those officers have many times given him receipts for much less quantitys than hee has sent. As he has victualled Gibraltar for so long he would not willingly suffer any blame for so small a garrison etc. Signed, Benja. de la Fontaine. Endorsed Recd., Read 4th Oct., 1727. 1 large p. [CO. 217, 5. f. 8.]
Oct. 5.
Custom ho.,
London.
728. Mr. Carkesse to Mr. Popple. Reply to Oct. 3rd. The Commissioners do not apprehend that the Collectors mentioned in the Instructions to the Governor of Virginia are the Collectors for the revenue under their management but of certain duties raised by acts of Assembly or the laws of the country in which they are not concern'd and that as the Governours are by the 7 and 8 W.3. to appoint Naval Officers who are to be approved of and to give security by this Board, they are of opinion the said Instructions do not interfere with the power given to the Surveyor Genl., etc. Signed, Cha. Carkesse. Endorsed, Recd. 5th, Read 6th Oct., 1727. Addressed. 1½ pp. [CO. 5, 1320. ff. 203, 203v., 204v.]
Oct. 5.
Admty.
Office.
729. Mr. Burchett to Mr. Popple. Reply to 29th Sept. There are no such orders given from this Office ; but I have wrote to the Judge of the Admiralty to know whether there is any direction given from the Court of Admty. in Doctors Commons. Signed, J. Burchett. Endorsed, Recd., Read 6th Oct., 1727. Addressed. 1 p. [CO. 323, 8. No. 78.]
Oct. 5.
Whitehall.
730. Council of Trade and Plantations to Lt. Governor Gooch. Enclose copy of report of H.M. Attorney and Solicitor General upon the dispute with the Proprietors of the Northern Neck (v. April 20, 1726), " which we desire you will order to be entred in the proper offices, that all parties concern'd may have notice thereof." [CO. 5, 1365. p. 372.]
Oct. 5.731. Address of the Council and Assembly of Bermuda to the King. This little island is in a manner a key to all America etc. A little platt ware is our chief commodity which now fails, all our fortifications and publick buildings are almost in ruins occasioned by violent storms the last year, which renders our case very deplorable. Pray for a supply of powder, the little they had being damaged by the storms, and other necessaries for the fortifications etc. Signed, Jno. Trimingham. 1 large p. [CO. 37, 26. No. 39.]
Oct. 5.
[date read.]
732. Edward Warner to William Nivine. My aunt, Anne Barnes, was the second wife of William Barnes and had no child of her own. I well know Mr. John Barnes, now in New England, was a son of said William decd., and have heard of another son at Bristol, a soapboiler, etc. (v. C. S. P. Aug. 11, 1724 and Nov. 12, 1727.) Signed, E. Warner. Endorsed, Recd., Read 5th Oct., 1727. 1¼ pp. [CO. 152, 16. ff. 19, 19v.]
Oct. 5.
Whitehall.
733. Mr. Popple to. Lt. Governor Armstrong. Acknowledges letter of 24th Nov., 1726. Continues :—My Lords Commissioners have discours'd with Mr. Missings' Agent in relation to that part of your letter, wherein you say, you have been obliged to victual the Garrison at Canco, thro' Mr. Borland's neglect; But as he produc'd a letter from Mr. Borland and another from you, by which it appears that the difference between you is settled, my Lords do not intend to lay this affair before the Treasury, as you desir'd ; and hope there will be no further occasion of complaint. As I acquainted you in my last letter (1st June), my Lords did make a very full report upon the state of the Province under your Government. But his late Majesty's death having put a stop to that affaire for some time, I hope it, will not be long before you may receive H.M. directions upon that head. [CO. 218, 2. pp. 72, 73.]
Oct. 6.
St.
Christophers.
734. Wavell Smith, Secretary of the Leeward Islands, to the Council of Trade and Plantations. Complains that, in spite of the Board's report and H.M. orders relating to Governor Hart's attempts to infringe his Patent, the Governor insisted on ignoring a memorial against a bill for erecting a Register's Office, and was with difficulty prevailed upon to insert a clause suspending its being in force till H.M. pleasure be known etc. Continues:— "Else at one stroke (which was intended) above the fifth part of the value of my office in this island wou'd have been taken from me, and given to one Bland, a person unknown to almost every man here. This Act is intituled, An Act against covenous and fraudulent conveyances, and for erecting a publick Registry etc. All the business thereby given to an officer appointed by consent of the Governor, Council and Assembly was hitherto enjoyed by all my predecessors" etc. Continues :—This way of appointing officers, quam diu se bene gesserint by Governour Council and Assembly seems to me highly to concern H.M. Prerogative, and calculated to create such an independency of officers here of the King, that, if a stop be not in due time put to it, it will have very fatal effects one day in the Plantations, and if your Lordships will please to reflect on the time it was done, when Governour Hart knew he was recall'd, and my Lord Londonderry was intended for this Government, and join it to another action of his, done much at the same time, vizt., that of making Mr. Greathed Chief Justice, quam diu se bene gesserit (a man destitute of estate, learning and many other necessary qualities) your Lordships wont be at a loss to guess, for what sinister views, such unwarrantable and unprecedented proceedings were venturd upon etc. By an Act of this Island all offices are to be kept at Old Road, as being most convenient for the inhabitants, but this office is appointed to be kept at Basseterre, a town 6 miles distant from the seat of all other business. The intended Register, Mr. Bland, is allowed a higher scale of fees than the Secretary etc. This leads me to give an account how this Bland came to be appointed. There is one Mr. Spooner who was Solicitor General to the Leeward Islands, and presented a petition to the Duke of Newcastle in the name of Governor Hart in relation to my dispute with him, and then, when it was found to be detrimental to Governour Hart's interest to own it, declared at your Board that he had done it without his knowledge or consent etc., so by this artifice, the final hearing of my affair was postponed above a year and a half etc. He is the same man who, before he came to England, in 1724, by the recommendation of Governor Hart here to the possessors of the French lands persuaded them to give him £1300 sterl. to lay out in England to procure them a good bargain, which by his friends he should be able to do, and they are now apprehensive they are duped of their money, tho' there is an action brought against him by Col MacDowal for his share thereof etc. He it is too, my Lords, who has given as much obstruction to the execution of H.M. Commission, for the sale of the French lands, as his interest here, or the fertility of his genius cou'd set on foot, and to him (the chief Minister of Governour Hart) is ascribed the promoting and advising most of the unhappy things, that have been lately practiced at St. Christopher's. 'Twas necessary when he found his protector, Governour Hart, removed, to arm himself with as much power as he could to screen himself from the indignation and prosecutions of many, when the administration of Justice shou'd be lodged in the hands of an honest and impartial Judge, as 'tis now universally thought to be; for that purpose, he advised Mr. Hart to that extraordinary step of making Mr. Greathed Cheif Justice, quam diu se bene gesserit; for the same purpose he advis'd and drew the Act for a distinct publick Registry, and that Bland shou'd be appointed by it to hold that office, by the same tenure, vainly imagining H.M. Prerogative in granting offices was to yeild to his pernicious schemes ; and for the more easily carrying on of this, the office was appointed to be kept at Basseterre, near his own house, in order (as 'tis supposed) more readily by means of his implement to resort to it, and rake into the rights and titles of people's estates, when they came in the custody of his creature : which cou'd not be done when lodged (as they yet are) in the Secretary's Office; this Bland, my Lords, is cousin to Spooner, who lately came here, where he did not continue above three or four months, and is now return'd to England, in hopes by Governour Hart's interest, to get the bill pass'd, before H.M. and your Lordships shou'd be advis'd of the injustice contain'd in it; and therefore it was timed to pass here when it was known I was on the sea, coming to the West Indies, etc. Had it not been for the Lt. General and Council of this Island, who opposed it, upon a memorial deliver'd by my brother, the Act had pass'd without the clause restraining its being in force, as it was originally fram'd and intended ; and as my brother deliver'd your Lordships' report about my office, and H.M. commands thereupon, Governour Hart was pleas'd publickly to say, " How unlucky is it this order shou'd come to me at this juncture" etc. Encloses affidavits to show the right of the Secretary's Office to the business designed to the Registrar etc. Continues:—The preamble of the Act mentions the erecting a Register's Office in Antigua, which was artfully done to induce your Lordships to advise the passing this etc. That Act was passed in the infancy of that Government, after it had been conquer'd by the French, when there was no Secretary appointed by the Crown, and when amidst the confusions of those times, the rights and constitutions of the Secretary's Office were neglected ; for all the papers thereof were carry'd away, burnt or destroyed by the enemy ; hence happen'd that separation of business from the Secretary's Office, which I have all the reason in the world to beleive will be restor'd to me, by the Legislature of Antigua, upon the death of an old man, who now possesses it, but in Montserrat, Nevis and St. Christophers, it is beyond contradiction from the records and papers kept by the Secretary, that all that business attempted to be given Mr. Bland has constantly been enjoy'd by the Secretary etc., etc. Signed, Wavll. Smith. Endorsed, Recd. 1st, Read 10th Jan., 1727/8. Addressed. 5 large pp. Enclosed,
734. i. Deposition of Jeremiah Browne, Chief Judge, that the following four depositions were duly sworn etc. 4th Oct. 1727, Signed, Jerem. Browne, Endorsed, Recd, 1st Jan. 1727/8. ¾ p. Mem. The Great Seal of the Leeward Islands was taken off these papers in order for binding, June 14, 1728.
734. ii. Deposition of Jeremiah Browne, 4th Oct., 1727. All patents and records have been hitherto entered in the Secretary's Office etc. The Act against covenous conveyances etc. would much injure that office etc. Signed, Jerem. Browne, ¾ p.
734. iii. Deposition of William Singleton, 3rd Oct. 1727. Corroborates preceding etc. Signed, Wm. Singleton. 1 p.
734. iv. Deposition of James Smith, Deputy Secretary of St. Kitts. As preceding. Signed, James Smith, ¾ p.
734. v. Deposition of James Losack. 3rd Oct., 1727. As preceding. Signed, James Losack. ¾ p.
734. vi. Deposition of James Losack Clerk in the Secretary's Office, St. Kitts. 3rd Oct., 1727. States fees allowed to the Secretary by Acts of 1716 and 1724. Signed, James Losack. 1 p.
734. vii. Deposition of John Balaguier. 6th Sept., 1727. Deponent rented the Secretary's Office from John Knight and Wavell Smith from 21st June, 1722 to 12th May, 1727. Fees for recording deeds of conveyances during that period amounted to £87 9s. etc. Signed, Jno. Balaguier. ¾ p.
734. viii. Extract of the Secretary's fees established by law. Signed, Jno. Balaguier, 14th June, 1727. ½ p. [CO. 152, 16. ff. 104–106, 107v.–108v., 110, 112, 114, 116, 117, 118, 119, 119v.]
Oct. 9.
Admty.
Office.
735. Mr. Burchett to Mr. Popple. Sir Henry Penrice has acquainted my Lords Commissioners that no such Instructions have issued from H.M. High Court of Admiralty etc. v. 29th Sept. and 5th Oct. Signed, J. Burchett. Endorsed, Recd. 10th Read 17th Oct., 1727. Addressed. 1 p. [CO. 323, 8. No. 79.]
Oct. 9.
St. James's
736. Order of King in Council. Ordering Additional Instruction to Governor Hunter relating to the making due entries of imports and exports at all ports etc. (v. No. 726 i.) Signed, Temple Stanyan. Endorsed, Recd. 29th, Read 30th April, 1728. 1¼ pp. [CO. 137, 17. ff. 36, 36v., 87v.]
Oct. 12.
St.
Christophers.
737. Lt. General Mathew to the Council of Trade and Plantations. I received on 21st Sept. your Lordships' order of 26 June, etc. Continues :—Obedient thereto, I immediately summon'd the Council and all the principal inhabitants of this island to assemble the 23rd Sept. in H.M. fortress of Brimstone Hill. At the same time I hird a vessel and dispatcht per express, with orders for proclaiming H.M. with all speed in Antego, Nevis, Montserat, Anguilla, Spanish Town and Tortola. Your Lordships order my returning a speedy accompt thereof. This is the first direct oportunity etc. In St. Christophers the 23rd Sept. I mett the Council and all the principal inhabitants early in the morning on Brimstone Hill, and there was a very numerous appearance of above 400 persons. I had also orderd the three Companys in this Island part of H.M. Regiment of Foot quartered in this Government to be there under arms. I laid before the Council the orders received from the Lords of H.M. Most Honourable Privy Council and from your Lordships, and the Proclamation, which I sign'd with them, and it was signed by near two hundred of the principal inhabitants there assembled. Whilst this employ'd us, the flaggs at all the Batterys and in Charles Fort and in Brimstone Hill were hoisted but half staff high, as they had been from sun rise, and from all the batterys Charles Fort and the Hill there were a hundred and forty minute gunns fird as a melancholy duty to our deceased Sovereign. At twelve of the clock the whole Assembly attended me to the center of the fortress, the flagg was hoisted to the top of the staff; as all the rest were, H.M. King George was proclaimed with all our heartyest acclamations, all the cannon in the island firing, the three companys of Foot firing volleys etc. I entertained at dinner in my house there and such as could be built there, as arbours, all that were there mett. The afternoon we were all well engagd in drinking health and prosperity to H.M., the Queen and all the Royal Family. At close of night we had a very great English bonfire on the Hill, and some fireworks, such as I could procure ingredients for in these parts etc. Immediately after proclaiming H.M., the proclamation was publickly read for continuing all officers in the manner therein mentiond, and an Humble Address of condolence to H.M. and congratulating his accession to the Throne was sign'd by myself, the Council and principal inhabitants. The Proclamation as signd by us all, I now remitt to Mr. Beak, Agent for this Island, to be presented to your Lordships. On the 26th Sept. H.M. was proclaimed both at Nevis and Montserat. In both these islands everything was perform'd in the most solemn manner, and everything was done to the utmost the inhabitants were capable of. At Nevis the Proclamation was signed as at St. Christophers, and I now transmitt it to Mr. Butler their Agent in London to be deliverd to your Lordships. They also addressed H.M. on his accession, which address I also send him to be presented. At Montserat the proclamation too was signd and an address to H.M. His Majesty was most solemnly proclaim'd at Antego the 30th Sept. in the town of St. Johns. The troop of Militia horse, the town Militia and five companys of the King's Regiment etc. being all under arms, the Council and Assembly being mett. All were entertaind at the publick expense, above two hundred pieces of cannon fird among the afternoon rejoicings, a great bonfire was prepar'd in the markett place, but the evening provd stormy, and twas feared might endanger the town, being mostly timber built. The night concluded the diversions. The proclamation was signd, and an address to H.M. His Majesty was proclaimed at Anguilla the 7th of October at the Valley Division in the most solemn, decent and cheerfull manner, the poor inhabitants there were capable of, and the proclamation signd. There being no Agent in London for Antego, Montserat or Anguilla, I send the proclamations signd in those islands to Mr. Meure, desiring him to attend your Lordships therewith. I have no accompt as yet from Tortola or Spanish town of H.M. having been as yet proclaimed. P.S. Oct. 31st I yesterday recd, an accompt from the Depty. Govr. of Tortola, that H.M. was proclaimed in that island with all solemnity and alacrity the seventh inst. Mr. Meure has that proclamation as sign'd by the inhabitants to present to your Lordshipps. Signed, William Mathew. Endorsed, Recd. Read 9th Jan., 1727/8. 5 pp. Enclosed,
737. i. Proclamation of H.M. King George II at Nevis. Sept. 26th, 1727. 66 signatures. Endorsed as preceding. Recd, from Mr. Butler. 1 large folded p.
737. ii. Proclamation of King George at Antigua. St. Johns, Sept. 30th, 1727. 103 signatures. Same endorsement. Endorsed, Recd. Read 9th Jan., 1727/8. Recd, from Mr. Beak. 1 large folded p.
737. iii. Proclamation of King George at St. Christophers. Brimstone Hill. 23rd Sept., 1727. 155 signatures. Endorsed as preceding. 1 large folded p.
737. iv. Proclamation of King George at Montserrat. 26th Sept., 1727. 66 signatures. Same endorsement. 1 large folded p.
737. v. Proclamation of King George at Anguilla, 7th Oct., 1727. 76 signatures. Same endorsement. 2 pp.
737. vi. Proclamation of King George at Tortola, 7th Oct., 1727. 63 signatures. Same endorsement. 1 folded p. [CO. 152, 16. ff. 56, 57, 58, 59, 60, 60v.–68v.]
Oct. 12.
Whitehall.
738. Duke of Newcastle to the Council of Trade and Plantations. H.M. having been pleased to appoint John Pitt Esqr. to be Lt. Governor of Bermuda etc., draughts of his Commission and Instructions are to be prepared etc. Signed, H. Newcastle. Endorsed, Recd., Read 13th Oct., 1727. 1 p. [CO. 37, 12. ff. 1, 6v.]
Oct. 12.739. Five Lords Proprietors of Carolina to the Lords of H.M. Council in Committee. Reasons humbly offered by the five subscribing Lords Proprietors why H.M. should take the Goverment of S. Carolina absolutely into his own hands, and not send a further provisional Governor thither, intirely depending upon H.M. great justice and goodnes to secure to all the Lords Proprietors their right of soyl, and the levying the arrears of quit-rents, and the accruing rents. That the experience of a provisional Governor convinces the subscribing Proprietors that the many greivances and injuries complained of by the Proprietors, and the great difficulties and discouragements the Province labours under, will not be remedied by a provisional Governor. The scituation of the Province being now more discourageing to new setlers, the laws being more voluminous, more obstructive to commerce, than before any other provisional Governor was sent, that a provisional Governor naturally looks upon himself only to be sent for a short time, and the planters can with less expence make himself their friend than be just to the Lords Proprietors, and that is the method they have taken, and it is feared will continue to take. The great distractions in the Colony make it necessary to have some Governor to be sent as soon as may be, and the subscribing Proprietors hearing by report that Mr. Johnson sollicits to be sent Governor, with all due defference to your Lordships wisdom humbly conceive him not to be person so properly qualified (as they could wish) in the present critical circumstances. For if Mr. Johnson acted with that order and duty as he ought, when he was the Proprietors' Governor, he will necessarily behave with resentment towards those persons who deposed him, and if he was remis, and faulty of discharge of his duty the subscribing Proprietors are confident such a behaviour will not at the least recommend him to his Majesties Royal favour etc. Mr. Johnson was Governor of a Province in which the capital town was strongly fortify'd, had 70 peices of canon mounted, that there was also at a distance from the town a fort well manned and 18 guns mounted, that many of the principal inhabitants were Mr. Johnson's near relations, and yet there was not the least struggle made, not one gun fired, but the Goverment quietly given up into the hands of the people. That the subscribing Proprietors despair of having their rights and quitt rents taken care of by Mr. Johnson, who is himself a very great planter holding more than 19,000 acres of land in his own right, that many of his relations are likewise the most considerable planters in the Province, and all of them in arrear for quitt-rent for a great many years. And it is humbly presumed that Mr. Johnson is only acceptable to those merchants here, who have also very good plantations in South Carolina. That Mr. Johnson during his late administration without consulting his constituents passed an Act laying a great duty upon all British commodities imported into Carolina, which by a general complaint of all the British traders procured a very particular order from the King and Council to which the subscribing Proprietors beg leave to refer. That the mony in Mr. Johnson's Goverment was very much increased, (notwithstanding all the methods used by the Proprietors to prevent the same) and it is impertinent to observe to your Lordships what prejudice that has done to trade, and what numbers of poor people have suffered by it, your Lordships having [? been] addressed with so many complaints upon that head. That the subscribing Proprietors humbly hope that some regard will be shewen to a majority of a community, the Palatin being only the elected President of their Board, nor has he any more power than a casting voice upon an equality. That the subscribing Proprietors conceive Mr. Hutcheson's perchase to be subject to Sir John Tyrrell's act, who joined with the subscribing Proprietors in the petition to his late Majestic That one of the subscribing Proprietors who is guardian to the Duke of Beaufort doth averr to your Lordshipps that he has a decree of Chancery to dispose of that Propriety, and he hopes he does his duty to that young nobleman when he acts for him as for himself. The Proprietors' motives for surrendring the sovereignty of South Carolina to the Crown were the peace and prosperity of the Colony, and the pleasure they shall always have to enlarge H.M. dominion and prerogative. 12th Oct., 1727. Subscribed,
The above is a true copy of the reasons which were this day read in the Privy Chamber (the Palatin being there present) and one of the purposes of them being to preserve equality amongst the Proprietors without confusion pursuant to our charter and usage, you are therefore hereby directed to enter the same in the book of the proceedings of our Board. To Richd. Shelton Esq., Our Secretary. Signed, Beaufort, Craven, Ja. Bertie, Hen. Bertie, J. Colleton. [C.O. 5, 290. pp. 182–184.]
Oct. 13.
Whitehall.
740. Mr. Popple to Mr. Fane. Encloses "the written volume of Antigua Acts," and desires his opinion in point of law upon the Act, 1719, for better securing and confirming the title of George, nephew and heir to William Thomas decd to certain lands and negroes purchased of John Barnes etc. [C.O. 153, 14. pp. 271, 272.]