America and West Indies
February 1728, 16-29

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

Year published

1937

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37-46

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'America and West Indies: February 1728, 16-29', Calendar of State Papers Colonial, America and West Indies, Volume 36: 1728-1729 (1937), pp. 37-46. URL: http://www.british-history.ac.uk/report.aspx?compid=72443 Date accessed: 19 April 2014. Add to my bookshelf


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February 1728, 16-29

Feb. 16.
St. James's.
54. H.M. Warrant for the Bishop of London's commission to exercise his ecclesiastical jurisdiction in the Plantations. Countersigned, Holles Newcastle. [C.O. 324, 36. pp. 37–44.]
Feb. 16.
Whitehall.
55. Council of Trade and Plantations to the King. Recommend Col. William Randolph for the Council of Virginia, in place of Col. Nath. Harrison, decd. [C.O. 5, 1366. p. 1.]
Feb. 16.
Whitehall.
56. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, 8 Acts of New Hampshire, 1724, 1726, 1727. [C.O. 5, 916. pp. 59, 60.]
Feb. 16.
St. James's.
57. Copy of Governor Burnet's Commission, New Hampshire. [C.O. 5, 194. ff. 117–138.]
Feb. 20.
Whitehall.
58. Mr. Popple to Robert Chester. My Lords Com- missioners' observing by a Minute, 21st Oct., 1726, that you desire to be heard against Mr. Carlisle's being appointed a Councillor of Antigua, will be ready to hear you on Friday etc. [C.O. 153, 14. p. 312.]
Feb. 20.
New
Hampshire.
59. Lt. Governor Wentworth to the Council of Trade and Plantations. Begins with duplicate of 8th Aug., 1727, and encloses duplicate of Journal of Assembly and Naval Officer's accounts to Dec. 25, 1727. Continues :—There has been more negroes imported this last year then in ten years before. I suppose the reason is that in the Massachusets they pay an impost of four pounds p. head, and in this Province they are imported free. As to the King's woods in this Province we have secured them pretty well, tho' we have warrants out after two or three impudent fellows, who was discovered by one of our under servayors. They had cutt down one tree that was marked with the broad arro, by an officer ten years past of a considerable bigness. Except they flye the country we shall have them before the Judge of Admiralty. This has been a greate year for snow and such seasons the pine trees are greately destroyed, we haveing [?been] pritty seveer with the logers in this Province they have for severill years last past bought common rights in the Province of Mayne where they have don greate spoil on the pine trees last and this winter more espetially, Mr. Armstrong, the Deputy Servayor, has been up in the Country and seized considerable parcills of logs, no doubt but thousands of good pine trees fitt for H.M. Royall [?Navy] distroyed have been distroyed in that Province this season and Mr. Armstrong is going to Boston to apply himself to the Judge of the Admiralty for advice in order to his furder proceedings. I hope your Lordships in your greate wisdom will let H.M. know the nessity of some seveer act to be made, and that quickley otherwise it will be toe late. A few years will let your Lordships know it, as I have many times taken the liberty in many letters to mention if H.M. has in the Massachusets Charter received the pine trees as a royalty to himself, why may not an act be passed that all pine trees in townships as well as without, be reserved for the King's servis without regard to either, but wherever found they should be preserved as above, the people in the Province of Mayne haveing had such liberty for many years, that all pine trees within townships might be cutt for mill logs, as they pleased that it will requier somthing strong to breake them off of ye right. With greate submition I speak it, that the Act of King George the first relateing to pine trees, dos not fully answer the end designed. My Lords, those letters from Mr. Faine, allso that from the King's Attorney Generall and Sollicitor Generall those gentlemen explination of that Act of the right of King George the first they pay but little regard to it, and say that the Act of Parliamt. is what they have to trust too. I shall do everything in my power to preserve the pine trees in this Province, and as for the Massachusets I can only advise your Lordships from time to time how the affair of the woods are carried on. I am in greate hopes your Lordships have been pleased to bring on the setling the lines between the two Governmts. it would greately tend to the ease and quiet of this Province and very much contribute to the peopeling the same. I allso hope that our agent Mr. Newan has or will succeed in his prayer (in this Provinces name) for stores for H.M. Fort William and Mary at Newcastle, which has for severill years been sollicited for, and wee are as yet in hopes of suceedeing, tho' it be long first, that Castle is and will bee in good repair in another year, and then to have no Stores in it the fortification will be of little use, and the inhabitance has been so impoverished by a long Indian war, that they are not able, as have heretofore set forth to your Lordships. Signed, Jno. Wentworth. Endorsed, 29th April, 1728, Read 23rd May, 1729. Holograph. 3 pp. [C.O. 5, 870. ff. 232–233v.]
Feb. 20.
Whitehall.
60. Mr. Popple to Col. Spotswood. My Lords Commissioners desire your opinion as soon as may be what methods you conceive will most effectually conduce to the production of Naval Stores in the Plantations, and what you think may have occasioned the late obstruction of the increase thereof etc.
A like letter was writ to Mr. Joshua Gee and Robert Cary. [C.O. 324, 11. p. 62.]
Feb. 20.
Tuesday.
61. Duke of Montagu to the Council of Trade and Plantations. Since I left your Lordships I have considered the proposal I made to you in relation to the four and a halfe per cent., and as I beleive it may meet with dificultys, therefore, If the planters may be exempted from paying it for the first ten years, I am willing that after that it shoud go to the Crown, without mentioning any consideration to be made me for what I may expend in makeing of fortifications, in your Lordships' report. Signed, Montagu. Endorsed, Recd. Read 20th Feb., 1727/8. Holograph. 1 p. [C.O. 28, 19. ff 99, 99v.]
Feb. 21.62. Col. Hart to Mr. Popple. I have advice from Antegoa of the death of Thomas Morris, etc. Reminds him that Francis Carlisle, whom he formerly recommended, is minuted for the first vacancy in the Council there. Signed, Jo. Hart. Endorsed, Recd. Read 21st Feb., 1727/8. Holograph. 1 p. [C.O. 152, 16. ff. 141, 142v.]
[Feb. 21.]63. Petition of Edward Byam, merchant of London, Recommends Mr. Carlile as preceding. Hearing there is a caveat entered against him, prays for a day for the consideration thereof. Endorsed as preceding. 1 p. [C.O. 152, 16. ff. 143, 144v.]
Feb. 21.
Whitehall.
64. Mr. Popple to Mr. Carkesse. My Lords Commissioners being informed that a box directed to their Lordships has remain'd in the Custom Warehouse ever since the 17th of Jan. 1726/7, they desire that the same may be delivered to the bearer, and that if any box or packet directed to them should for the future be delivered into the custody of your Officers, they may be immediately acquainted therewith etc. [C.O. 324, 11. pp. 62, 63.]
Feb. 24.
London.
65. Col. Hart to Mr. Popple. Refers to his letter of 6th Aug. 1725 relating to the complaint of M. Garret of Guadeloupe that one Molineux of Montserrat had detained 14 negroes of his, who had run away. Continues :—Lt. Govr. George returned me answer, that he was informed, but could not prove, the negroes were in the possession of Mr. Molineux etc. The Attorney and Solicitor General of the Leeward Islands advis'd me that I had no power, as Governor, to take them out of the hands of Molineux: but that Mr. Garret had his remedy at law; and in that course might very easily recover them. Governor George further informed me that the said Mr. Molineux had a much greater number of negroes run from him to the Island of Marygalante: and that he had applyed himself to, and obtain'd a letter from Mr. Hamilton, late Governor of the Leeward Islands, to the Governor of Marygalante desiring he might be restord to the said negroes: and that Mr. Molineux did personally apply to the Governor of Marygalante for that end, without redress ; though Mr. Molineux saw his negroes in the possession of some of the inhabitants of that Island.
I must desire that you will mention to their Lordships: that notwithstanding it is stipulated by the Treaty of Utrecht, that the damages done to the inhabitants of Mountserrat by the French under the command of Monsieur Cossart in July, 1712, should be adjusted by Commissaries of each nation, yet from that time to this the poor sufferers have receivd no releif; which amounts to the sume of £204,406 0s. 10d. as will appear by the inclosed list of their losses, which I desire you will lay before their Lordships, to take such measures as their Lordships may judge proper to the occasion. Signed, Jo. Hart. Endorsed, Recd. Read 29th Feb., 1727/8. Holograph. 2 ¼ pp. Enclosed,
65. i. Account of the losses given in upon oath by the severall inhabitants [of Mountserrat] sustained by the attack made by the French under the command of Monsr. Cassart in the year 1712.
Names and Losses of 271 claimants. Damages claimed for the (i) Leeward Division, £172,874 15s. 3½d.
(ii) Northward Division, £17,939 5s. 8½d.
(iii) Windward Division, £10,027.
(iv) White River Division, £3,565 9s. 1d.
Certified by the President and Council, Nov. 1719, as a true copy of the accounts of the losses sustained by the inhabitants by the said invasion, brought in and sworn to in pursuance of the order of the Government "that all persons that were sufferers by the said invasion should bring in and attest upon oath before certain Magistrates by the said Government appoynted." Endorsed as preceding. Copy. 6 2/3 pp. [CO. 152, 16. ff. 145–151.]
Feb. 26.
St. James's.
66. Order of King in Council. Approving draughts of Instructions for Governor the Earl of Orkney. Signed, Temple Stanyan. Endorsed, Recd. 29th, Read 30th April, 1728. 1½ pp [C.O. 5, 1321. ff. 18, 18v., 19v.]
Feb. 26.
St. James's.
67. Order of King in Council. Appointing Col. William Randolph to the Council of Virginia in the room of Col. Nathaniel Harrison, deed. Signed and endorsed as preceding, 1 ¼ pp. [C.O. 5, 1321. ff. 20, 200., 210.]
Feb. 27.
Whitehall.
68. Council of Trade and Plantations to the Duke of Newcastle. In obedience to H.M. commands, 23rd Jan., enclose following to be laid before H.M. Autograph signatures. 1 p. Enclosed,
68. i. Same to the King. Representation upon the petition of the Duke of Montagu. Tobago is one of your Majesty's Windward Charibbee Islands, which alltho' it be comprehended in the Commission of your Majesty's Governor of Barbados, has never been settled, and produces no revenue to the Crown, nor is of any advantage to this Kingdom. It would therefore undoubtedly be for your Majesty's service, that the same should be effectually settled and planted; for which reason as well as for those set forth in the Duke of Montagu's petition, we are humbly of opinion, that in consideration of the surrender of the aforesaid patent for Sta. Lucia and St. Vincents, your Majesty may be graciously pleased to grant the Island of Tobago to the Duke of Montagu, upon the same terms with those contained in the patent for Sta. Lucia and St. Vincents, except only in the particulars upon which we shall humbly take leave to make the following observations; As we have found by experience that all Proprietary Colonies, where the Government is not in the Crown, are highly detrimental to your Majesty's service, and to the welfare of Great Britain; in case your Majesty should be pleased to grant the island of Tobago to the Duke of Montagu, it will be requisite that particular care be taken to reserve to your Majesty, and to your heirs and successors, the absolute sovereignty, dominion, and government, of Tobago, in as full and ample manner as your Majesty does now or may exercise the same in your Island of Barbados. By the aforesaid patent, not only the office of Captain General and Governor in Chief is granted to his Grace, and his heirs for ever, with power to appoint a Deputy-Governor, subject to the approbation of your Majesty, but likewise the power of exercising several authorities, which have ever been esteemed part of the Royal prerogative, and which, according to our humble opinion, ought not to be inserted in the grant now petitioned for; But we conceive, it may be for your Majesty's service, that his Grace should be appointed Captain General and Governor during his life, with the usual powers, and authorities, granted by Commission and Instructions to your Majesty's Governors of Barbados; and that the Deputy Governor be from time to time named by his Grace, and approv'd by your Majesty, and that he may be removed either by your Majesty, or by his Grace at pleasure. The Duke of Montagu proposes, that the planters in Tobago may be exempted from paying the duty of 4 ½ p. cent. on the exportation of the product of that Island, for the space of ten years from the date of the grant, as an incouragement to all new settlers; and in consideration thereof, his Grace is willing that after the expiration of the time limited for his Government, all fortifications made there, shall be absolutely vested in your Majesty, without paying anything for the same, and we are humbly of opinion, it may be for your Majesty's service to indulge the Duke of Montagu in this proposal. By the words of the Duke of Montagu's grant for Sta. Lucia, the right of fishing within the distance of twenty miles from the shoar is absolutely given to his Grace; But we would humbly propose that the inhabitants of Barbados and all other your Majesty's subjects may be allow'd the liberty of fishing anywhere in the seas contiguous to Tobago, reserving only to the Duke of Montagu and to his heirs, the exclusive right of fishing and of all other accidental profits accruing within low-water mark, as hath been usual in several grants to Lords of Manors, in this Kingdom. In his Grace's grant of Sta. Lucia, the laws of England relating to property in lands, goods, chatles, and estates, or relating to criminal matters are to be, and continue in force untill they be legally alter'd by laws to be made in that Island; But as so general a liberty may be attended with some inconvenience, we think it will be adviseable, that the laws of England to be put in force in Tobago, should be upon the same foundation, and only such, as have been heretofore used in Barbados. By another clause in the said grant the Duke or his Deputie are authoriz'd to appoint twelve Councillors, with the full power to make ordinances for the defence, improvement, and good Government of the Island, till an Assembly can be settled; and we have no objection to his Grace's appointing the first twelve Councillors in Tobago; but we are humbly of opinion, that all future Councillors of this Island, should, like those in your Majesty's other Plantations, be appointed by your Majesty.
By a clause in the grant of Sta. Lucia and St. Vincents to his Grace, power is given to the General Assembly of the said Islands to make laws; provided they be, as near as may be, consonant to the laws and statutes of this Kingdom, and provided that a transcript thereof be within twelve months, or sooner after the making of such laws, transmitted under the seal of the Governor, or Deputy Governor, to your Majesty for your Royal approbation or disallowance. But as in all your Majesty's other Governments in America, the Governors are directed by their Instructions to transmit copies of such laws as shall be there pass'd, to your Majesty within three months, or by the first oppertunity of conveyance after their being enacted; it is humbly proposed that his Grace be under the same restriction in this particular as the Governors of Barbados. [C.O. 29, 14. pp. 433–438; and (covering letter only) 285, 2. No. 5.]
Feb. 27.
Whitehall.
69. Council of Trade and Plantations to the King. Representation upon Act of St. Christophers against covenous and fraudulent conveyances etc. Mr. Smith, Secretary of the Leeward Islands, alledges deeds and mortgages have for many years past been frequently registered or inrolled in the Secretary's office of that island, and certain establish'd fees paid to the Secretary for the same, which fees will be lost to him, in case this Act should take effect: as to the Act in general, he has no objection, but insists that by virtue of his present office, he ought to have been appointed the Register in this Act, and conceives that the appointment of an officer for this purpose should have been left to the Crown; he likewise observes that the fees taken in his office for entring of deeds, are much less than those appointed by this Act. In support of the Act it was alledged, that the office of Register of any kind, is not granted by express words in his late Majesty's patent to Mr. Smith, and altho' he and his predecessors have casually injoy'd a benefit from the involuntary inrollment or registering of deeds and mortgages in the Secretary's office there, yet it did by no means follow from thence that the Legislature of St. Christophers should be debarr'd from erecting a Registrar's Office by Act of Assembly, for quite different purposes than those for which deeds were inrolled in the Secretary's Office; and as the profit arising to him therein was accidental and inconsiderable, the loss would be accidental likewise, and could not be look'd upon as an injustice. As to the appointment of an Officer, they observed, that this Act could have no effect till your Majesty's pleasure should be declared thereupon, tho' they conceiv'd the Crown had already decided this point in the case of the Register's Act passed in 1698, and approved by the Crown in 1700, where the appointment of an officer for that purpose is made in the same terms with those of the present Act. It was likewise further alledged in behalf of the Act, that the aforesaid law of Antigua has proved a great advantage to that Island; that the example of Antigua had induced the Legislature of St. Christophers to think of passing a law of like nature, and many attempts had been made at different times, for that purpose, which had proved fruitless, by reason of disputes between the Council and Assembly upon the nomination of a Register; and if the present Act should miscarry, it was to be apprehended the like disputes might again arise, and deprive the island of the benefit of so advantagious a law etc. Finding that the main objection to this Act, is the loss of a casual profit to the Secretary's office, we are humbly of opinion that the same ought not to stand in competiton with so great and general a good as in all probability will result to the inhabitants and commerce of St. Christophers from this Act. Propose H.M. approbation etc. [C.O. 153, 14. pp. 313–316.]
Feb. 27.
Whitehall.
70. Mr. Popple to Sir William Codrington. Observing that you have been long absent from the Council of Antego etc. my Lords Commissioners desire you will let them know, as soon as possible, whether and when you intend to return etc. [C.O. 153, 14. p. 312.]
Feb. 28.
Whitehall.
71. Mr. Popple to Lt. Governor Wentworth. Acknowledges letters etc. of 7th Aug. and 25th Sept. Continues: As to what you wrote with respect to the waste committed in the King's woods etc., their Lordships having that matter now under their consideration, proper care will be forthwith taken to prevent the same for the future. My Lords observe that you attribute (7th Aug.) the trade of New Hampshire being at a stand, partly to the war with Spain, and partly to the want, you say, you are in, of a greater currency in paper money etc. My Lords are of opinion, the first of these reasons, is the real cause of the stag- nation of trade; for could the 200,000 quintals of fish, wch. you say, now remain in the country, for want of the usual number of ships to export the same, be dispos'd of, it would give a greater life to the trade of New Hampshire, than the creating £300,000 in bills of credit, as you propose. [C.O. 5, 916. p. 61.]
Feb. 28.
London.
72. Robert Cary to Mr. Popple. Reply to 20th Feb. The merchants tradeing to Virginia, Carolina and New England had a meeting last night to consider the necessary relateing to the production of navall stores in ye Plantations, desired that I would acquaint you that ye last time they attended your Lords for Trade, [they informed them?] that ye pitch and tarr trade must of necessity be laid aside if a bounty of 7s. 6d. could not be obtained for the encouragement of importation, which if granted the trade will revive again and ye Navy plentifully supplyed as to hemp and iron we refer you to Col. Spotswood. Signed, Robert Cary. Endorsed, Recd. Read 28th Feb., 1727/8. ½ p.[C.O. 323, 8. No. 84.]
Feb. 29.
St. James's.
73. H.M. warrant for re-appointment of George Clarke as Secretary of New York, "during Our pleasure and his residence." Countersigned, Holles Newcastle. [C.O. 324, 36. p. 25; and 324, 50. pp. 64, 65.]
Feb. 29.
St. James's.
74. H.M. warrant for re-appointment of John Henderson as Attorney General of Jamaica, "to execute the said office in his own person except in case of sickness or other incapacity." Countersigned, Holles Newcastle. [C.O. 324, 36. p. 26.]
Feb. 29.
St. James's.
75. H.M. warrant for re-appointment of Thomas Windham as Register of Chancery Court and Patent in Jamaica. A clause to be inserted obliging him to residence. Countersigned, Holles Newcastle. [C.O. 324, 36. p. 27; and 324, 50. p. 2.]
Feb. 29.
St. James's.
76. H.M. warrant for re-appointment of Josiah Willard as Secretary of the Massachusetts Bay, "during Our pleasure and his residence." Countersigned, Holles Newcastle. [C.O. 324, 36. p. 28; and 324, 50. pp. 53, 54.]
Feb. 29.
St. James's.
77. H.M. warrant for re-appointment of John Floyer as Clerk of the Navy Office in the Leeward Islands, to act by himself or Deputy. Countersigned, Holles Newcastle. [C.O. 324, 36. pp. 29, 30; and 324, 50. pp. 36, 37.]
Feb. 29.
St. James's.
78. H.M. warrant for re-appointment of Alexander Henderson as Attorney General of Jamaica, "to execute the said office in his own person except in case of sickness or other incapacity." Countersigned, Holles Newcastle. [C.O. 324, 36. pp. 31, 32; and 324, 50. p. 1.]
Feb. 29.
St. James's.
79. H.M. warrant for re-appointment of Jonathan Blenman as Attorney General of Barbados, with proviso as preceding. Countersigned, Holles Newcastle. [C.O. 324, 36. pp. 32, 33; and 324, 50. pp. 21, 22.]
Feb. 29.
St. James's.
80. H.M. warrant for re-appointment of Richard Bradley as Attorney General of New York, "during Our pleasure and his residence." Countersigned, Holles Newcastle. [C.O. 324, 36. pp. 34, 35; and 324, 50. pp. 66, 67.]
Feb. 29.
St. James's.
81. H.M. warrant for re-appointment of James Smith as Secretary of New Jersey, with proviso obliging him to residence and not to be absent without H.M. leave. Countersigned, Holles Newcastle. [C.O. 324, 36. pp. 48, 49; and 324, 50. pp. 73, 74.]
Feb. 29.
St. James's.
82. H.M. warrant for re-appointment of John Clayton as Attorney General of Virginia "during Our pleasure and his residence." Countersigned, Holles Newcastle. [C.O. 324, 36. pp. 49, 50; and 324, 50. pp. 81, 82.]
Feb. 29.
St. James's.
83. H.M. warrant for re-appointment of George Tucker as Provost Marshal of Bermuda, "during Our pleasure, and his residence." Countersigned, Holles Newcastle. [C.O. 324, 36. pp. 51, 52; and 324, 50. pp. 46, 47.]
Feb. 29.
St. James's.
84. H.M. warrant for re-appointment of Alexander Burnet as Clerk of the Markets in Barbados, "during Our pleasure." Countersigned, Holles Newcastle. [C.O. 324, 36. pp. 52, 53; and 324, 50. pp. 22, 23.]
Feb. 29.
St. James's.
85. H.M. warrant for re-appointment of Devereux Bacon as Naval Officer at Piscataway, with a proviso for his residence etc. Countersigned, Holles Newcastle. [C.O. 324, 36. pp. 62, 63; and 324, 50. pp. 54, 55]
Feb. 29.
St. James's.
86. H.M. warrant for re-appointment of Lewis Morris as Chief Justice of New York, "during Our pleasure and his residence." Countersigned, Holles Newcastle. [C.O. 324, 36. pp. 104, 105; and 324, 50. pp. 67, 68.]
Feb. 29.
St. James's.
87. H.M. warrant for re-appointing Robert Lettice Hooper Chief Justice of New Jersey, "during Our pleasure and his residence." Printed, N.J. Arch. 1st Ser. V. 185. [C.O. 324, 36. pp. 106, 107; and 324, 50. pp. 75, 76.]
Feb. 29.
St. James's.
88. H.M. Commission appointing Philip Livingstone Town Clerk, Clerk of the Peace and Clerk of the Common Pleas in the County and City of Albany, N.Y., and Secretary or Agent for the Government to the Indians in those parts with the salary of £100 sterling to be paid out of H.M. Revenue etc. Countersigned, Holles Newcastle. Set out, N.Y. Hist Soc. Publ. II. 509. [C.O. 324, 36. pp. 114, 115; and 324, 50. pp. 69, 70.]
[Feb. ?]89. Draft of letter from [? Duke of Newcastle] to Mr. Attorney General. Encloses petition of Duke of Montagu for grant of Tobago, (v. 23rd Jan.) and representation of Council of Trade (v. 27th Feb.). Concludes: H.M. would have you consider this matter and prepare such a draught of a grant as you shall think fit proper" etc. Without date or signature.
In Mr. Delafaye's hand, ¾ p. [C.O. 285, 2. No, 6.]
Feb. 29.
St. James's.
90. Order of King in Council. Referring to Committee of Council representation of 27th upon Act of St. Kitts against covenous and fraudulent conveyances etc. Signed, Temple Stanyan. Endorsed, Recd. 29th, Read 30th April, 1728. 1 p. [C.O. 152, 16. ff. 324, 325v.]
Feb. 29.
St. James's.
91. Order of King in Council. Referring to Committee of Council petition of Wavell Smith and Savile Cust against an Act of St. Kitts for erecting a new office for registering deeds, wills and conveyances. Signed and endorsed as preceding. 1 p. [C.O. 152, 16. ff. 326, 327 v.]