America and West Indies
December 1727, 16-31

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Institute of Historical Research

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Author

Cecil Headlam (editor) Arthur Percival Newton (introduction)

Year published

1936

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420-432

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'America and West Indies: December 1727, 16-31', Calendar of State Papers Colonial, America and West Indies, Volume 35: 1726-1727 (1936), pp. 420-432. URL: http://www.british-history.ac.uk/report.aspx?compid=72359 Date accessed: 20 September 2014.


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December 1727, 16-31

Dec. 18.
New York,
in America.
826. R. Bradley to the Duke of Newcastle. Refers to recommendation by the Bishop of Durham (March 11, 1725), and repeats request to be appointed to the Council of New York, upon the report of the appointment of a new Governor etc. Signed, Richd. Bradley. 1 p. [C.O. 5, 1092. No. 59.]
Dec. 18.
New York.
827. Col. and Mrs. Riggs to Mr. Delafaye. The winter has set in very violently, and if Governor Montgomery has sailed, as announced by his letter of 3rd Oct., we fear he will be blown off to the West Indies as some of our men of war and others of our best ships has been etc. Repeats complaints of the hard usage himself and his Company have received at the hands of Governor Burnet. Thank their dear brother for all his kindness and send him a bag of green pickled pepper etc. Signed, John Riggs. Addressed, To Brother Delafaye, These. 1 p. [C.O. 5, 1092. No. 60.]
Dec. 18.
New York.
828. Governor Burnet to the Council of Trade and Plantations. Repeats part of following covering letter. He has recommended to the Assembly of New Jersey the sinking of the interest money according to their orders etc. Refers to enclosed Speech to the Assembly. Has written to his correspondent to take out his Commissions etc. Concludes:—My successor has not yet arrived, and as the winds have of late proved contrary, we are very uncertain when to expect him. Set out, N. J. Archives, 1st Ser. V. 181. Signed, W. Burnet. Endorsed, Recd. 29th Jan., Read 2nd Feb., 172 . 1 p. Enclosed,
828. i. Address of the Governour, Council and Assembly of New Jersy to the King. Express the universal joy at H.M. accession etc. Are assured that the protection of mankind in their civil rights and liberties and in the free exercise of their religion, against ambition and persecution will be carried on by the House of Hanover. Your Majesty's early zeal and undaunted valour in defence of so glorious a cause, your Royal consort's distinguished piety that could not be shaken by the dazling offer of a Crown, and so numerous and hopefull a Royal issue, brought up under such an influence, and such examples, give us sure presages, that the blessings which we now enjoy, under your Majesty, will descend without interruption to our latest posterity. We cannot without concern reflect on the happy scituation of our fellow subjects, who have your Majesty's royal presence among them; But under so great a disadvantage we yeild to none, in gratitude to our Sovereign for his paternal care of us, and in a dutifull dependance on his goodness, for the security of our trade, the safety of our country, and the preservation of our liberty, and religion. We shall always with one heart and voice send up our most earnest prayers to Heaven, that your Majesty, and our gracious Queen may long live a pattern of conjugal happyness, and the glory of Great Britain, and yt. your Royal issue may continue the Protestant succession to the end of time. Signed, Wm. Burnet (Governor); Peter Bard, John Anderson, Ja. Smith, John Hamilton, Ja. Alexander, John Parker, Cor. van Horn Senr., John Johnston junr. (Councillors); The Members of the Assembly hereunder subscribing being of the people called Quakers, concurr to the matter and substance of this Address, but have some exceptions to the style ; John Johnston, Speaker, Tho. Farmar, Jos. Bonnell, Jo. Cooper, Tho. Hall, Jas. Hude, John Eatton, James Giveer, Nathl. Jenkins, Aaron Learning, Tho. Lambert, John Rodman, J. Kinsey junr., Mahlon Stacy, John Mickle, Wm. Harrison, Isaac Pearson, Joseph Reeve. Endorsed as preceding. Copy. (Original sent to D. of Newcastle.) 3 pp.
828. ii. Journal of Assembly of New Jersey 9th—13th Dec, 1727, with the Speech of Governor Burnet. Printed by William Bradford. Endorsed, Recd. 30th Jan., 1727. 6 pp. [C.O. 5, 972. ff. 144, 145–146v., 147v.–150v.; and (duplicates of covering letter and enclosure ii, endorsed, Recd. 16th Feb., Read 1st May, 1728) 151, 152, 153v.–156v.]
Dec. 19.
New York.
829. Governor Burnet to the Duke of Newcastle. Encloses Address from New Jersey. "I hear that H.M. has appointed Mr. Montgomery to succeed me, and has named me for New England. I shall be proud to receive your Grace's commands as to the affairs of those Governments" etc. Signed, W. Burnet. Endorsed, Rd. 14th Feb. 1 p. Enclosed,
829. i. The New York Gazette, Oct. 16–23, 1727. Numb. 103. Contains Address of Council of New York to Governor Burnet and Address of Quakers (England) to the King etc. Printed. 2 pp.
829. ii. Duplicate of preceding letter to Board of Trade. [C.O. 5, 1092. Nos. 61, 61 i, ii; and (covering letter only, endorsed, Rd. Jan. 29th) 5, 1085. No. 68.]
Dec. 19.
New York.
830. Governor Burnet to Mr. Popple. Refers to enclosures (18th Dec). Expects his Commission and Instructions by Mr. Montgomery every day etc. Signed, W. Burnet. Endorsed, Recd. 16th Feb., Read 1st May, 1728. ¾ p. [C.O. 5, 972. ff. 157, 158v.; and (endorsed, Recd. 30th Jan., Read 1st May, 1728) 5, 1054. ff. 255, 255v.]
Dec. 19.
Whitehall
831. Council of Trade and Plantations to the Duke of Newcastle. In reply to 4th Nov., enclose following to be laid before H.M. Annexed,
831. i. Same to the King. Lay following draft of Commission before H.M., "being in the usual form, except that an article is added to the Massachusets Commission according to the form of the Commissions to all your Majesty's other Governors in America, impowering the Governor to keep and use the Great Seal. We are preparing the necessary Instructions" etc. Annexed,
831. i. Draught of H.M. Commission for William Burnet to be Governor of the Massachusets Bay.
831. ii. Draught of H.M. Commission for William Burnet to be Governor of New Hampshire. [C.O. 5, 916. pp. 14—54.]
[Dec. 20.]832. Address of the Council of New York to Governor Burnet. Acknowledge the great advantages which the Province has received from his wise administration. Under him they have enjoyed all their rights, and he has shown in all his conduct a strict regard to honour, equity and justice. Continue:— We owe to your Excellency's care, dilligence and foresight the settlement of that important frontier of Oswego, by much the most rational method for the security of this Province against the neighbouring French, and for engageing the Six Nations and other remote Indians in the English interest, that ever was attempted. We behold among us, with a particular pleasure, the son of that good Prelate to whom the Protestant world are so much oblidged for the part he bore in bringing to an happy issue the establishment of the British Crown etc., and would esteem your continuance among us in your present station one of the greatest marks of Royal favour to us. (? Oct. 1727.) 10 signatures. Endorsed, Recd., Read 20th Dec, 1727. Copied from the original communication to the Board by Mr. Leheup. 2 ½ pp. [C.O. 5, 1054. ff 228–229v.]
[Dec. 20.]833. Address of the Mayor, Recorder, Aldermen and Assistants of New York to Governor Burnet. Request him to transmit their Address to H.M. (v. 26th Oct.). "We think ourselves truly happy under your Excellency's administration; we pray for the continuance of it" etc. (? Oct. 1727.) Signed as Oct. 26 No. v omitting Maerschalk and Waugelder. Endorsed as preceding. Copy. 2 ½ pp. [C.O. 5, 1054. ff. 230–231v.]
Dec. 21.
New York.
834. Governor Burnet to the Duke of Newcastle. Refers to following. Continues:—I apprehend H.M. Prerogative to have been highly insulted by the Assembly in these resolves, and I submit it to your Grace to give such orders therein as shall be thought convenient, etc. My successor is not yet arrived, and the winds being contrary, it is doubted if he can come in till February. Signed, W. Burnet. Endorsed, Rd. Jan. 29th. 1 p. Enclosed,
834. i. Duplicate of following letter to Council of Trade.
834. ii. Minutes of Council of New York, Nov. 25, Dec. 5, 1727. Printed. 6 pp.
834. iii. Minutes of Council of New York, 13th Sept.—3rd Dec. 1711, relating to the Court of Chancery, with copies of address of the Council to the Board of Trade, 13th Dec. 1711 and their reply, 12th June, 1712, upon the claims of the Assembly. Printed. 9 pp. [C.O. 5, 1092. Nos. 62, 62 i—iii.]
Dec. 21.
Nsw York.
835. Governor Burnet to the Council of Trade and Plantations. Encloses, with comments eight public Acts of New York, and one private one for naturalising several persons, passed 25th Nov. The Act for preventing prosecutions by information "is levelled at the Attorney General, who has indeed been very vexatious and industrious to make use of trifling pretences to bring himself into business, in a very mean and sordid manner etc. The like Act was passed formerly, and is in force in New Jersey" etc. Continues:—When I went with the Council and Assembly to the City hall to publish these Acts, I was informed that just before, the Assembly had passed some extraordinary resolves about the Court of Chancery, which was all done at the suggestion of their Speaker, who had lately lost a cause in Chancery, and against whom I had signed a decree only two days before: The evident partiality of the House, in being thus directed by one that was a party, and entring into his resentment, made me think it necessary to dissolve them, and to publish an answer to their resolves made by the Council (enclosed). Adolph Philipse, the Speaker, had the least reason of any man to disown the Court of Chancery, for he himself was a Member of the Council when that Court was established by the Council, and himself obtained releif in it etc. The Assembly acting thus in a hurry and in a clandestine manner, just at their breaking up, shews that their design was only to possess the country with ill impressions, without the Governour and Council having any opportunity, as they hoped, to undeceive them etc. We have in Council made some progress in reforming abuses of the practitioners in this Court and lessening fees, that no real pretence may be left to complain of the Court for the future etc. Continues:—One great reason why the country people are prejudiced against the Court of Chancery has been that several bills have been brought to ascertain and recover large sums due to the King for quit-rents, on which I have generally given decrees in favour of the King whom I apprehended to be very much wronged on that head; but this raised a pretty general clamour, because it fell heavy on several patentees. Upon the whole, I have had more trouble with this Court, than with all my other business put together, and nothing could have made me undergo it, but the necessity I found myself under, of giving releif when demanded of me. But one thing I took care of, that when the fees of the officers and the practitioners were raised, no addition should be made to mine, which remain very insignificant etc. Explains that the strong expressions of the Assembly against the Court have practically no foundation. Refers to Minutes of Council enclosed. The winds being contrary, his successor is hardly expected till Feb. Set out, N.Y. Col. Docs. V. pp. 846–848. Signed, W. Burnet. Endorsed, Recd. 29th Jan., Read 1st May, 1728. 7 ½ pp. Enclosed,
835. i. Duplicate of end. iii preceding. Endorsed, Recd, 29th Jan., 1727/8. Printed. 15 pp.
835. ii. List of 9 Acts of New York passed 25th Nov., 1727. Endorsed as preceding. 1 ½ pp. [C.O. 5, 1054. ff. 240–252v., 253v.]
Dec. 21.
Whitehall.
836. Council of Trade and Plantations to the Duke of Newcastle. Enclose three Addresses from New York (Oct. 26) to be laid before the King. Autograph signatures. 1 p. [C.O. 5, 1085. No. 70; and 5, 1125. p. 112; and (rough draft) 5, 1079. No. 149.]
Dec. 21.
Whitehall.
837. Same to Same. Enclose representation, 11th Jan., 1727, and letters just received from Governor Burnet, shewing "what industry is employ'd by the French at Canada, to encroach upon H.M. dominions, etc." Continue:—In 1726, they erected a fort at Niagara, upon the land belonging to the 5 Indian Nations, subjects to H.M.; of which complaint has been made, but no redress hitherto obtained. Since the building of the fort by the French, Mr. Burnet has thought it necessary to erect another on the River Oswego, within the territory of the said 5 Nations, for the protection of our trade in those parts, which the Governor of Canada has peremptorily demanded to be demolished. This proceeding of the French Governor, we conceive to be directly contrary to the sense of the Treaty of Utrecht, highly detrimental to H.M. rights, and in no sort agreeable to the good union at present subsisting between the two Nations. Refer to enclosed papers. Conclude: —We shall only add one circumstance which must inevitably put this matter out of all dispute between the 2 Crowns, and decide the right in favour of Great Britain; in 1726, the Indians Nations, as a confirmation of their entire subjection to H.M., did surrender all their lands to him, and upon part of these lands, both the forts in question are erected. This surrender was owing to the application and address of Mr. Burnet, who has always acted with prudence and integrity. As we look upon this to be a matter of very great consequence to the British interest in America, we desire, your Grace would be pleased to take the first opportunity to receive H.M. directions for his Minister at the Court of France, to make the proper instances for redressing of these grievances. Autograph signatures. 3 pp. Enclosed,
837. i. Duplicate of Same to Same, Jan. 11, 1727.
837. ii–v. Copies of Nos. 684, iv–vi. [C.O. 5, 1085. Nos. 69, 69 i–v; and (without enclosures) 5, 1125. pp. 113–115.]
Dec. 22.
St. James's.
838. Order of King in Council. Referring to Committee representation of 15th Dec. with draughts of Instructions for Governor the Earl of Orkney. Signed, Ja. Vernon. Endorsed, Read 30th April, 1728. 1 p. [C.O. 5, 1321. ff 16, 17v.]
Dec. 22.
Annapolis.
839. Lt. Governor Calvert to the Council of Trade and Plantations. Your Lordships first packett, inclosing the orders for proclaiming his present Majesty, came not to my hands before Nov. 5th, and the duplicate thereof three days after. Before the receipt of those your Lordships' commands, I had with the advice of the Councill, proclaimed H.M. most sacred Majesty in this City on 14th Sept., and soon after in the several counties, after the most solemn manner the circumstances of time and place could admit of. If our forwardness therein, should be deemed irregular by your Lordships, I hope your censure will be yet so mild, as to impute it to a loyal though mistaken zeal, for as New England, New York and Pennsylvania, had proclaimed before us, wee thought our duty did exact from us, the like early professions of our faith and allegiance to the best of sovereigns. Pursuant to your Lordships' commands, I have publish'd the printed proclamations, you inclosed, for the continuance of officers in their respective places. The form of the proclamation used here, corresponded exactly, with that inclosed by the Lords of H.M. Privy Council etc. Signed, Ben. Leond. Calvert. Endorsed, Recd. 5th March, Read 8th May, 1727/8. 3 pp. [C.O. 5, 1267. ff. 21–22v.]
Dec. 22.
St. James's.
840. Order of King in Council. Referring draughts of Governor Burnet's Commission to a Committee of the Privy Council for their report. Signed, Ja. Vernon. Endorsed, Read 30th April, 1728. 1 p. [CO. 5, 870. ff. 57, 58v.]
Dec. 23.
Treasury
Chambers.
841. Mr. Scrope to Mr. Popple. David Dunbar is appointed by the King Surveyor of Woods on the Continent of America in the room of Charles Burniston. The Lords Commissioners of the Treasury desire the Lords of Trade to prepare his Instructions etc. Signed, J. Scrope. Endorsed, Recd. 27th Dec. 1727, Read 2nd Jan., 1727/8. ¾ p. [C.O. 323, 8. No. 81.]
Dec. 23.
New York.
842. Governor Burnet to Mr. Popple. Encloses Acts of New York and Council's reply to the Assembly (v. 21st Dec). Has expected his successor daily, but will now remain at New York till May next, to receive anything that comes to him from England and to take a good season to transport himself and family to Boston. Signed, W. Burnet. Endorsed, Recd. 30th Jan., Read 1st May, 1728. ¾ p. [C.O. 5, 1054. ff. 254, 255v.]
Dec. 25.843. Petty Expences of the Board of Trade from Michaelmas to Christmas, 1727 (v. Journal). 6 pp. [C.O. 388, 79. Nos. 14–17.]
Dec. 26.
Virginia.
844. Mr. Fitzwilliam to the Council of Trade and Plantations. As Surveyor General of the Customs in the Southern District of America, he applies for redress in the following case (cf. Nov. 25, 1724). In Oct., 1724, there arrived at Philadelphia a ship called the Fame, own'd by one Pillins a merchant in Rotterdam. This ship, under colour of transporting from thence divers Palatine familys to settle in Pensilvania, imported directly from Holland a large quantity of East India goods, and divers European manufactures and commodities, to the value of £20,000, as it was generally computed. The Collector of Philadelphia etc. made a seizure of the ship and cargo, and left six waiters on board to take care of the same; but the following night 60 or 70 persons in disguise forcibly entered on board the ship cut her away from the wharf and towed her about five miles below the town, where they immediately landed the greater part of the prohibited goods: the waiters being terrified by the menaces of these rioters, four of them leapt over board and the other two were kept so closely confined, that they could give no account to what places these goods were carried; and in a few days thereafter, Sir William Keith the then Governor went on board and made a new pretended seizure, and immediately caused a creature of his to file an information against the ship, and some small part of the goods in the County Court of Philadelphia, where the master appear'd and confess'd the information, and thereupon execution was immediately taken out, and the ship and all the goods that could be found, sold at publick auction for little more than £600 sterling. I shall not trouble your Lrdsps. with a recital of the endeavours used by the Collector to prevent this collusive trial, and to assert his right in behalf of the King and himself to a much greater sum forfeited by this illegal importation: 'tis sufficient to inform your Lordps. that whatever he offered to that Inferiour Court was immediately overruled: upon which he appealed to H.M. in Council, and upon a hearing before their Excellcys. the Lords Justices, it was decided that the Collector should be at liberty to prosecute in the proper Court of Pensilvania, upon the seizure of the said ship and cargo, in such manner as he should be advised by his Council: and accordingly having consulted the Attorney and Sollicitor General, they advised him to bring suit in the Supreme Court of Pensilvania, which by an Act passed in the 8th year of his late Majesty, for establishing Courts, etc., was declared to have like power and jurisdiction within Pensilvania as the Courts of Kings bench, Common pleas, or Exchequer at Westminster. The Collector prosecuted his seizure in that etc. Court, and obtained a condemnation; and being well informed that one Lawrence an inhabitant of Philadelphia had been principally concerned in the running and concealing the prohibited goods etc., brought suit against him in the same Supreme Court of Pensilvania; to which he appeared and put in bail; but while this suit was depending, the Assembly of Pensilvania (wch. melt lust August) taking notice thereof, pass'd a vote that the Supreme Court of that Province ought not to take cognizance of any suit or information for the breach of a penal law, being, as they pretended, only constituted for reforming errors in the inferiour jurisdictions within that Province: but that vote not being sufficient to deterr the Judges of the Supreme Court from doing what they took to be their duty in this case, the said Assembly proceeded to fraim a bill under the same title as the former, whereby all the jurisdiction of the Supreme Court, to hear and determine suits and informations for the breach of any penal statute in the first instance is entirely taken away; and by means of this Act made ex post facto, the Collector's suit against Lawrence became discontinued; and he being gone out of the country in the mean time, and his bail discharged, the Collector has lost the effect of his suit, is obliged to pay the costs, and is never like to meet with another opportunity to obtain a remedy against one who was so notoriously guilty of rescuing by force the ship Fame and running the prohibited goods imported in her etc. While this bill was depending in the Assembly, Mr. Moor the Collector applyed both to the Governour and Assembly, that a clause might be inserted therein, giving the said Supreme Court jurisdiction originally to hold plea of all suits and informations wherein the King should happen to be concerned; but this clause (inclosed) being rejected; I then applyed to the Governour, desiring his favour that the execution of this law might be suspended, untill H.M. pleasure should be signified thereon, etc. The Governour in his answer to my letter (inclosed) excuses himself from proposing the adding the clause I had offered, and alledges some reasons which in my opinion are of very little weight. What I have humbly to offer etc. besides the barefaced partiality of stifling a prosecution already commenc'd is that the leaving the Officers of the Customs no other Court wherein to prosecute for breaches of the Acts of Trade, than the Inferiour County Courts must entirely discourage all such prosecutions: for as the judges of those Courts are men but of mean circumstances, and of as mean capacities, so are the jurys more apt to be biassed in favour of those who transgress the Law, the common people being generally of opinion that those who bring goods from forreign parts can afford them better pennyworths than others who import the like commodities from Great Britain where the dutys and customs are high. On the other hand the Judges of the Supreme Court are men of the best understanding and best fortunes in the Province, and as they are not to be biassed themselves, so their judgment and discretion m point of law will always have great weight with the Jury: or if any of them should prove obstinate and bring in an unjust verdict, these Judges will grant a new trial, which is not to be expected in the Inferiour Courts. So that your Lordships will judge, whether this Act made for a particular purpose to skreen an offender from a legal prosecution, and to take away the jurisdiction of a Court the most competent for trial of suits wherein the King is concerned, ought to receive any countenance : Besides this Act seems to me directly repugnant to the Act of Parliament of the 7th and 8th of King William, which gives the prosecutor his election to sue for breaches of the Acts of Trade in any of the King's Courts in the Plantations where he thinks fitt: but if the Plantation Assemblies can either prohibite or by a law oust one Court of its jurisdiction, they may by the same means prevent all others from taking cognizance of the like prosecutions, and render ineffectual all the Acts of Parliament which regulate the Plantation trade, especially in Pensilvania, where annual Assemblies are by the Constitution, to be constantly held. Urges repeal of this law etc. Continues:—Give me leave to mention the proceedings of [another] Assembly which in my humble opinion is not only unjust in itself, but in its consequences injurious to the trade of Great Britain. In the Assembly held in Virginia in May, 1726, a bill was sent up to the Council for the more effectual preventing the bringing tobacco from North Carolina, and the bounds in controversy, whereby all tobacco imported by land or water from that Province, is declared to be forfeited, and a penalty also laid upon the importers. Upon the reading of this bill I excepted against it, and at its passing thought it my duty, as a Member of the Council to enter my dissent, and to offer my reasons. Refers to Journal of Assembly, 24th May. Continues :—To which I have this further to add ; that the restraining the people of North Carolina from selling or shipping off their tobacco in Virginia, when they have neither shipping of their own, nor ports to receive them, must of consequence force them upon manufactures of cloathing for themselves, since they are thus prevented of all supplies by the produce of their labour : and thus by a partial restraint of trade from one part of H.M. Dominions to another, H.M. Customs are lessned, the consumption of British manufactures diminished, and instead thereof a country which begins to grow numerous, laid under the necessity of falling into manufactures of their own ; for 'tis impossible to imagine that a number of people should continue long under the want of necessary cloathing, without exerting their industry ; especially when the country they inhabit is capable of furnishing them with materials etc. If allowed, he will lay before the Board anything of the like kind to above which comes to his knowledge etc. Signed, R. Fitzwilliam. Endorsed, Recd. 28th Feb., Read 7th May, 1728. 6 pp. Enclosed,
844. i. Copy of Act of Pennsylvania for establishing Courts, etc. Endorsed, Recd. 28th Feb., 1727/8. 16 pp.
844. ii. Clause proposed to be inserted in the bill of Courts by the Collector (v. covering letter). Endorsed as preceding. ½ p.
844. iii. Mr. Fitzwilliam to Lt. Gov. Gordon. Custom ho., Philadelphia, Aug. 25, 17Z7. Encloses above clause, etc. Signed, R. Fitzwilliam. Endorsed as preceding. Copy. 1 p. [C.O. 5, 1267. ff. 8–5v., 6v.–l4v., 15v.18v]
Dec. 30.
Williams-
burg.
845. Lt. Governor Gooch to the Duke of Newcastle. By a small vessell bound to Bristol, I informed your Grace the 10th instant of the death of Col. Nath. Harrison, one of the Council and Deputy Auditor. I then recommended to your Grace, Col. Henry Harrison and Col. William Randolph, men in all respects equall to and worthy either of them to fill up the vacant seat in Council; persons well affected to his present Majesty, of very good estates and abilities. Sickness I hope will plead with your Grace in my favour, if I am not yet got into that exact method, which I shall carefully observe for the future. In the mean time no man can be more watchful over H.M. interest etc. Signed, William Gooch. Endorsed, R. Feb. 28th. Holograph, ¾ p. [C.O. 5, 1337. No. 38.]
[? 1727.]846. A short state of the case of Collo. Hope, late Governour of Bermuda. Refers to cases of the George and Elizabeth, 1722, the Salamander, 1724, and appeals depending, also to the combination of George Tucker, the Provost Marshal and Secretary, and Edward Jones against him etc. The Assembly can find none of the grievances complained of. As long as Jones lives there will be complaints against every Governor of Bermudas. The Governor is put to considerable expense by these appeals and complaints which he hopes will be fully considered, as also his injured character etc. No date or signature. 5 ½ pp. [C.O. 37, 28. No. 37.]
[? 1727.]847. Petition of Joseph Fox to the Duke of Newcastle. Prays to be re-appointed Naval Officer in S. Carolina, in place of William Hammerton decd. Petitioner was displaced without good cause, for which His Grace and the Earl of Halifax have both expressed concern etc. Signed, Joseph Fox. 1 p [C.O. 5, 388. No. 35.]
[1727.]848. Petition of President Ayscough to the King Prays to be allowed the whole salary, £2500, of a Governor of Jamaica instead of the half which he has received since the death of the Duke of Portland. The scarcity and dearness of provisions hath been of late so greatly encreased that to support the dignity of H.M. representative, petitioner has been at considerable expence out of his own private fortune. Mr. Hey wood had the whole salary upon the removal of Lord A. Hamilton etc. Without date or endorsement l 1/3 pp. [C.O. 137, 46. No. 51.]
[1727.]849. Memorandum of matters desired to be put in Mr. Burnet's Instructions as Governor of New England. That he be directed to demand a competent salary of the Assembly amounting to about £2000 sterling pr. annum. That an Independant Company be sent thither under him as Captain to take possession of the Fort, which will be the only means to bring these people to have a respect for the Government, as one was lately sent to Carolina for the same purpose, or if that cannot be obtain'd, that it be mention'd in his Instructions, that he is to give his opinion whether such an Independent Company is necessary, which tho' never intended to be granted, will put those people in fear it will, and make them most complying in other things in order to prevent it. No date or signature. 1 p. [C.O. 5, 1092. No. 63.]
[? 1727.]850. Petition of Lords Proprietors of Carolina to the King [George II]. Petitioners adhere to their petition presented to his late Majesty (v. 27th May, 1727) for surrendering the soveranity of S. Carolina etc. Till a proper method is advised for your Majesties' acceptance of such surrender, your petitioners in pursuance of their undoubted legal right of appointing Governors granted to them by their Charter doe hereby with all humility recommend to your most sacred Majestie Colonel Samuel Horsey for your Majesties Royal approbation etc. Signed, Beaufort, Craven, Ja. Bertie, J. Colleton, Hen. Bertie. [C.O. 5, 290. p. 185.]
[1727.]851. Copy of the 31st Article of the Duke of Portland's Instructions relating to his salary. 2 ½ pp. [C.O. 137, 52. ff. 333–534.]
[? 1727.]852. Petition of Col. John Staunton to the King. Samuel Foxon had an estate of about £1000 per annum in Antegoa. His four sons, officers, were all killed in the service of the Crown. The last, Col. Thomas Foxon, aide de camp to Lord Cadogan, was killed at the siege of Mons, and left petitioner his heir and executor. Petitioner was then a prisoner in Spain, and one Bodkin and other Papists hearing of Foxon's death stript the estate of all the negroes, cattle etc., whereby it lay waste, and after procured one Martin Treasurer of Antegoa to sell the sd. estate to his own brother for £100 by virtue of a law in that Island empowering him to sell all estates that lay waste for payment of the country taxes, in order to deprive petitioner of said estate. He is now obliged to go to Antegoa to recover it in equity. Prays that, in consideration of the services of the Foxons and himself, the Governor of the Leeward Islands may be directed to assist him etc. Without date, signature or endorsement. 1 p. [C.O. 7, 1. No. 30.]
[1727–
1753.]
853. Shipping returns, Jamaica. [C.O. 142, 15.]
1727.854. Correspondence of Commandants of Essequibo with the Directors of the Dutch West India Company. [C.O. 116, 25.]