America and West Indies
March 1729, 16-31

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

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1937

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327-342

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'America and West Indies: March 1729, 16-31', Calendar of State Papers Colonial, America and West Indies, Volume 36: 1728-1729 (1937), pp. 327-342. URL: http://www.british-history.ac.uk/report.aspx?compid=72466 Date accessed: 22 October 2014.


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March 1729, 16-31

March 17.
Whitehall.
628. Duke of Newcastle to the Council of Trade and Plantations. Encloses following for their report thereon. Signed, Holles Newcastle. Endorsed, Recd., Read 18th March, 1728/9. 1 p. Enclosed,
628. i. Memorial of David Dunbar, Surveyor General of the lands of Nova Scotia, to the King. For six years past many Protestant familyes transported themselves from Ireland to your Majesty's collonyes on the Continent of America, particularly to New England, where in the Province of Maine lands were assigned to them upon which they made settlements and improvements, until they were constraind by an Act or order from the Council and Assembly to abandon their habitations, which have since been destroyed by the Indians; there are 600 of those familyes desireous of settling upon the East side of the River Kennebeck wch. is the limits of the Government of New England, they onely wait until lands are assigned to them, and a proper place fixed whereon to build a towne, which would be a more considerable building than any collony ever had abroad ; among those people there are artificers of all kinds and many able men who could defend themselves from any insult from the Indians ; many New England people are also desireous to remove to the said River of Kennebeck, but neither they nor the others from Ireland will settle on Nova Scotia, the country about Kennebeck haveing been formerly settled and the lands cultivated under the Duke of York, tho' afterwards layd wast when taken by the French many of whom do yet remaine upon Nova Scotia, who by ye Treaty of Utricht were to deem themselves subjects to England etc. If powers are granted for assigning lands to those people, they will be contented to pay a growing chief, or quit rent, which may increase one penny sterl. per acre every five or 7 years, until it comes to sixpence, or as high as may be thought reasonable etc. If those people are not allowed to settle where they desire, which joyns to New England, they will remove elsewhere, they are now liveing upon the small remains of what they carried with them from Ireland and many of them reduced to great hardships by being obliged to quitt their settlements after haveing layd out their substance thereon. It has been proposed to me that 500 Palatins familyes, among whom artificers of all kinds, would transport themselves to this new settlement upon the same termes and encouragement before-mention'd ; thus a strong Collony would be planted without any publique expence, and would consist of people zealously affected to your Majesty and may hereafter be of singular service against any trouble-some neighbours. As I was prevented by long indisposition to goe to America, I sent away my Deputy, and am now in a few days to imbarque, and to mark out and survey 200,000 acres to be perpetually reserved for a nursery of timber for the Royal Navy, in Nova Scotia. I most humbly submit, whether I ought not to have an order for 40 men, in one or two partys as I find convenient from the garrison of Anapolis, to protect me, my Deputy and assistants from any insult from the French on Nova Scotia, or the Indians under their influence etc. 2½ pp. [C. O. 217, 5. ff. 97, 98–99, l00v.]
March 18.
St. James's
629. H.M. Warrant for affixing the Great Seal to Commissions for two privateers for seizing pirates in the seas of the Spanish West Indies. Countersigned, Holles Newcastle. Copy. Annexed,
629. i, ii. The Commissions referred to in preceding. Copies. [C. O. 324, 36. pp. 101–104.]
March 19.630. Mr. Dunbar to Mr. Popple. Refers to his Memorial (No. 628, i.), and offers to produce authorities for each particular etc. Continues:—The people who have wrote to me from America, have done it upon a personal knowledge of me. I was quarterd among them and had the honour to command and proclaime our late King when most of ye Churchmen in yt. country were poyson'd in their principles by the late Dr. Hickman, Bishop of Londonderry, and were willing, with a small encouragemt. to act the reverse of what was happyly begun there in 1688 etc. All beginnings of settlement are both troublesom and expensive, and ye lands proposed, haveing been formerly cultivated, and at this time actually seizeing and great part possessing of late by some of the New England people, some of whom have marked large tracts for themselves, they will thereby have it in their power to commit the same wasts and abuses as they have in their own country, and it will be difficult if not impracticable to dispossess them, or prevent ye wasts if not some regular settlement and authority in that neighbourhood ; I did not propose any sallary to myself if I was vested with such power, nor do I think that more land than one modern township of New England would be necessary for those petitioners etc. Proposes to wait upon the Board on friday. Continues:—I have hired two men to carry with me, one has been many years in Russia, and perfectly understands ye raiseing of hemp and makeing pott ash, wch. their Lordships may see in 4 hours tryed here ; the other a Hamburgher who understands cureing of sturgeon, of which there is great plenty in Kennebeck River. I have now some, as good fish as any in ye world, but too much salted and ill cured, and it is to be had there when there is none in the East Countrys etc. Concludes :—If it be thought that anything I am proposeing would induce more of the protestants to quit Ireland, I will tell of an expedient effectually to prevent it, upon wch. I will pawn my credit. Signed, David Dunbar. Endorsed, Recd., Read 19th March, 1728/9. Holograph. 4 pp. [C. O. 217,5. ff. 101–102v, 103v.]
March 21.
Whitehall.
631. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before the King. Autograph signatures. 1 p. Enclosed,
631. i. Same to the King. Quote from Mr. Dunbar's Memorial (v. 17th March). Continue:—We have ever thought the settlement of Nova Scotia of so great consequence, that we have at different times propos'd several encouragements to induce people to settle there, particularly 7th June, 1727 etc. Continue : A settlement is now design'd without any expence to the publick ; and therefore we are humbly of opinion that this proposal deserves all reasonable encouragement. But as a settlement on other parts of Nova Scotia might be of greater advantage to the Province than on the place, where 'tis now propos'd, we take leave to observe, That in order to render this Province secure from the French inhabitants who have it in their power whenever they please from their great majority in numbers, to disturb your Majesty's subjects, it is become absolutely necessary to make one chief settlement at or near Annapolis Royal, the present seat of Government, and another at or near Canço, which by reason of it's situation will when properly settled, be of the greatest consequence, not only upon account of the valuable Fishery carried on at that place, but on account of it's neighbourhood to Cape Breton. The French inhabitants of Nova Scotia, who refuse to take the oaths of allegiance to your Majesty, and still remain there, contrary to the Treaty of Utrecht, have been, and are still the great support of all the French Colonies in their neighbourhood, by supplying them with furs, fish, cattle, corn, provisions and timber of all kinds. And we have reason to believe, that without their assistance Cape Breton would never have been establish'd upon so good a footing. We should not have repeated this again, but that it shews the consequence of encouraging families to settle there, this Province for want thereof having hitherto been an expensive burthen to Great Britain, whilst the French have reap'd real advantages from the produce of the country. It is for these reasons that we think the people who now propose to settle in Nova Scotia will be more advantageously situated near Annapolis Royal and Canço than to the eastward of Kennebeck. We have upon this occasion been attended by Mr. Dunbar, who informs us that he has already taken his passage for Nova Scotia, and therefore we humbly take leave to propose to your Majesty, that he be instructed immediately upon his arrival to sett out at least the 200,000 acres of land in proper places as a nursery of trees for your Majesty's use, and that so soon as this is done your Majesty's Governor be directed forthwith to sett apart a sufficient quantity of land for these new inhabitants under the following conditions vizt. : that 50 acres of land be granted to each person, upon his or her arrival, free from fines and likewise from quit-rents for the first ten years. That double that quantity of land be granted to carpenters, smiths, masons, joyners, brickmakers, bricklayers, and to all other artificers necessary for building or husbandry, upon the same terms. That the encouragement propos'd in Colo. Philipps' Instructions for intermarriages with the Indians be extended to these new settlers, vizt. £10 sterling and 50 additional acres of land free of quit rent for the space of 20 years, to every white man being a Protestant, who shall marry an Indian woman, native and inhabitant of Nova Scotia. And if any substantial family is found capable of improving a larger tract, that the Governor be at liberty to grant them land not exceeding 1000 acres free from fines and quit rents for ten years, under proper conditions and restrictions with respect to the cultivation and improvement thereof. And that all these aforementioned grants be made free from any charge to these new settlers. As to the other part of Mr. Dunbar's memorial, desiring an order for 40 men from the garrison to protect him etc., we think it will be of advantage, considering the danger they must be expos'd to from the French inhabitants and from the Indians. [C. O. 218, 2. pp. 123–129; and (covering letter only) 217, 31. No. 24.]
March 21.
Whitehall.
632. Mr. Popple to Peter Soulegre. Enquires whether and when he intends to return to St. Christophers, to take his place in the Council there. [C. O. 153, 14. p. 411.]
March 24.
London.
633. Mr. Soulegre to Mr. Popple. As it is uncertain if he will return to St. Christophers, requests appointment of a Councillor in his stead. Endorsed, Recd. 25th, Read 28th March, 1729. Holograph. 1 p. [C. O. 152, 17. ff. 31, 32v.]
March 25.634. Mr. Attorney and Solicitor General to the Council of Trade and Plantations. Report upon two Acts of Jamaica referred to them Feb. 25th, q.v. Point out some variances between (i) and the draught of a bill for raising a revenue and Governor Hunter's Instructions enclosed Feb 25th, upon which some questions of law arise. No question of law arises upon the second Act, which expires 29th March. Signed, P. Yorke, C. Talbot. Endorsed, Recd. 26th March, Read 9th May, 1729. 5½ pp. [C. O. 137, 17. ff. 139–141v., 142v.]
March 25.635. Petty expenses of the Board of Trade, Christmas 1728 to Lady day, 1729. (v. Journal.) 7 pp. [C. O. 388, 79. Nos. 40–43.]
March 25.
Whitehall.
636. Council of Trade and Plantations to the King. Recommend for confirmation, (i) Act of Nevis for providing a house and settling £500 pr. ann. upon H.E. etc. (ii) Act of St. Kitts for settling £2000 etc. upon H.E. [C. O. 153, 14. pp. 411–413.]
March 25.
Whitehall.
637. Same to Same. Representation upon two acts of Virginia, 1705, for declaring how long judgments etc. shall be in force etc. and for limitations of actions etc., " the Virginia merchants having complain'd to us of the hardships they suffer'd from the first of these acts [which] is in many particulars repugnant to the statute of limitations 21st K. James I, whereas that statute seems to have been the plan upon which the second act was founded, every particular thereof being by this, enforced and pursued. Among the particulars in which the statute of K. James and the first of these Virginia acts disagree, there is one which in our humble opinion seems to be of very bad consequence to the trade of this Kingdom ; and that is, the limitting a time, after which neither bond or judgment, shall be in force ; we therefore humbly lay the first before your Majesty for your disallowance, and the second for your royal confirmation." [C. O. 5, 1366. pp. 16, 17.]
March 26
Boston.
638. Jeremiah to David Dunbar. Since his letter of 14th Jan., he has ridden through the woods to Casco Bay and Kennebeck river, " above 800 miles the most part of it up to the horese's belly in snow." Whilst he was there, the country fellows in N. Hampshire cut into logs 40 of the trees which had been seized and condemned there. " This provok'd me so much that I wont again to all their saw mills wch. are above a hundred in number, where and in the woods adjacent I seiz'd 1300 loggs some of which are 40 inches in diameter, and 280 fine white pines" etc. They were to be tried yesterday etc. The greatest difficulty he will meet with will be in Maine, where Mr. Cook has a large interest; however he has seiz'd 94 logs in the township of Berwick, which will be enough to try the title etc. " It wou'd grieve you to see what distruction has been made in the woods, there is scarse a tree standing anywhere within 6 or 7 miles of the waterside between this and Kennebeck that is worth hauling to the bank. Col. Westbrook, Agent here for the Contractor, is forced to go nine or ten miles into the woods for masts, for the carriage of which he is at a great expense in cutting slay roads to the waterside" etc. A provision to preserve white oak and ash is needed, (v. April 21st.) Has shown the directions for raising hemp and making pitch and tar to a great many of the people, " but while they can cut the pine trees and steal them away, they think it less labour to log, and laugh at us for proposing it" etc. Proposes to give in a memorial to the Assembly to pass an act on that head. Is setting out for the Narraganset country, where he is told there is some very fine timber etc. Signed, Jer. Dunbar. Endorsed, Recd. 14th, Read 16th May, 1729. Copy. 2¾ pp. [C. O 5, 870. ff. 216–2171v.]
March 26.
Whitehall.
639. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Request payment of Office expenses and officers' salaries for quarter ending Lady Day. Account annexed. [C. O. 389, 37. pp. 300, 301.]
March 26.
St. James's.
640. Order of King in Council. Approving draught of Seal (v. 24th Jan.) for Nova Scotia, and ordering the chief engraver of seals forthwith to engrave a silver seal according to it, etc. The seal and motto described, v. A.P.C. III. No. 159. Signed, Temple Stanyan. Endorsed, Recd. 16th, Read 17th June, 1729. 1? pp. [C. O. 217, 5. ff. 119, 119v., 120v.]
March 26.
Virginia.
641. Lt. Gov. Gooch to the Council of Trade and Plantations. As I have mett with no proper oppertunity of writing to your Lordships for some moneths past, I gladly lay hold of the first conveyance by the ship Randolph of London, to transmit to your Lordships the Council Journals from the 13th of June last, with other publick occurrences since that time. I shal first take notice of the feuds which have lately arisen between two of our tributary Indian nations, the Nottaways and the Saponies, occasioned by murders committed on some of each nation, whereof they accuse one another, and both were obliged to apply to the Government for justice : But upon a strict examination at two Councils, the 16th and 22nd of August, at which both nations were present, no such discovery could be made as to amount to a legal proof, whereon to convict or punish either of the parties. Notwithstanding this, it was in vain to remonstrate to these savages the justice of our laws which permit no man to be punished without due proof of his crime : Their notions of justice were not to be adapted to that rule. Revenge was what both sides wanted ; and because they were forbid all hostility, and were told that this matter should still be pursued and enquired into by us, they seem'd resolved to take satisfaction their own way, expressing great resentment against the English for not concurring with them therein ; so that I every day expect to hear of an encounter between them which will certainly happen, whenever they meet in their hunting. If this was all, your Lordships must give me leave to say, I should be little concerned at the event: But as our frontier inhabitants lye at the same time exposed to the barbarous insults of these Indians, and the foreign nations they call in to their aid, this in all probability will involve us in continual skirmishes and alarms with them ; and in November last about a dozen families of our outward inhabitants were, with guns and arrows, forced by them from their habitations, to which however they soon returned. Besides this, we are in no small danger from our slaves, (at least we ought to guard against them) an instance whereof happen'd this winter in Prince George County, where a number of them being got together in a riotous manner, threatened the officer, who executing the laws seized some and dispersed the rest, for which his barn the night following was burnt down. Nor my Lords are these all our fears, the secret robberies and other villainous attempts of a more pernicious crew of transported felons, are yet more intolerable ; witness the dwelling house and outhouses of Mr. Thomas Lee which in the night time were sett on fire by these villains, and in an instant burnt to the ground, a young white woman burnt in her bed ; the gentleman, his wife and three children very providentially getting out at a window, with nothing but their shifts and shirts on their backs, which was all they saved, not two minutes before the house fell in—and this was done by these rogues because, as a Justice of the Peace, upon complaint made to him, he had granted a warrent for apprehending of some of them. They are not yet discovered : In consideration of this gentleman's misfortune, which he is not well able to bear, and as it arises from the discharge of his duty as a Magistrate, I have been prevailed upon to interceed with your Lordships, that his case may be recommended to H.M., for his royal bounty of two or three hundred pounds towards lessening his loss, which was the more considerable by a very good collection of books. To provide my Lords in the only way I can against these dangers, I thought it proper to look narrowly into the state of the Militia, and have been surprised to find that after so much care taken in framing of laws to arm and train a Militia fit for service, so little regard hath been had to the only thing which could render them useful; for to no purpose are men obliged to provide themselves with arms and ammunition, and to attend the musters at stated times, or to be ready to march whenever danger cals them out, if when they are got together, scarce one officer knows how to form them or how to instruct them in the use and exercise of those arms they bring with them. The Council were all of them sensible of this defect, and of the dangers which threaten us ; and desired me to appoint an adjutant to put the Militia into a proper method of discipline, which I have accordingly done, constituting a gentleman they recommended, who is a very active and an understanding man, and no doubt will merit the sallery of £150 p. anm. which the Council the 2d. of November judged reasonable to allow him for his trouble. He is now employ'd in teaching the officers in those Countys most expos'd to danger, and I hope by this means to bring all the Militia of the Colony into such an uniform and regular method of exercise, as to be a sufficient guard against all the attempts of Indians, or the intestine insurrections of slaves and convicts. And as I weighed the argument on all sides, even that whereby it may be thought dangerous to make men too knowing in military matters, and opposed to it the loyalty and fidelity of the inhabitants to His present most excellent Majesty, and that they are engaged by interest as well as affection to Great Brittain, as also, that it was agreable to my 96th Instruction, I could not resist the reasonableness and necessity of it, point of time admitting of no delay, and hence promise myself that your Lordships will approve of the allowance given to this new officer ; as an expence highly requisite, and a prudent application of H.M. Revenue. It was but a little time my Lords before the last General Court that I had the honour to receive H.M. Instructions to which my Commission refers. On the perusal of them I found that Mr. FitzWilliams, who on his appointment to the office of Surveyor General of the Customs in the Southern district of America, had also been constituted of the Council of Virginia, as well as Jamaica, and South Carolina, was not named with the others in my Instructions. However, as he still continues to act in that post which at first gave him a pretension to be of the Council, I thought it improper to lay him aside, and although his letter is not renewed, he still keeps his seat at our Board. But my Lords the Council are of opinion, and it seems have been all along, that he has no title to sitt as Judge of the General Courts ; the right he claims the priviledge by, is taken from a law of this Country, which appoints the Council the judges ; but then they say, that the law can mean only those whose names are in H.M. Instructions, the gentlemen of the Country, that have estates here, who in truth are thought by everybody the only fit persons to judge of the property of others. Out of regard to order and quiet, I am under the necessity of troubling your Lordships with this dispute, and I hope for a decision from your Lordships which will prevent for the future an altercation which hath sometimes subsisted. The Commissioners appointed for settling the boundaries between this Colony and North Carolina having finished that tedious and troublesome affair, occasioned by thick woods and rivers they were obliged to pass, I have here- with sent your Lordships their report with the plans of the line as it is now run and markt out. Your Lordships will find (for which there is a protest and an answer) that after the Commissioners of Carolina had gone with ours a certain distance beyond their own inhabitants, they refused to proceed any farther, urging several reasons which I think little to the purpose, and might with equall force have been insisted on before they went so far ; but one of our Commissioners concurring with them, they returned to Carolina and Mr. FitzWilliams came back, leaving Mr. Byrd and Mr. Dandridge to discharge the more difficult part of the duty, which they continued to do for six weeks after the seperation, in which time they finished the remaining part of the line up to the Great Mountains, and I dare to answer for it, with such exactness (as the Surveyors were bound by oath to do) that I hope it will be allowed to be of equal validity with that part of the boundary in which all parties were present. It remains that I beg your Lordships directions how the expence of this work shall be paid. (I find that the Commissioners or Surveyors sent out in 1711 on the same service were paid out of the quit rents by a warrent from the Treasury, and though they were then out only one moneth, the Commissioners had one hundred pounds sterl. each and the Surveyors 20s. p. diem a man ; and the present gentlem. expect a proportionable allowance, and they that concluded the line think and are thought to deserve more than he that left them and came home.) There are also sundry considerable charges for men and provisions, some with arms for their guard, chain carryers, markers and other necessary attendants. As these could not wait till their payment was directed from England, that, and the charge of the provisions have been advanced out of the 2s. p. hhd. the whole will be above 1000l. I hope to receive your Lordships signification of H.M. pleasure both as to the quantum to be allowed to the several gentlemen and the fund for payment thereof, two Commissioners and two Surveyors were out sixteen weeks, and one Commissioner about nine weeks. I have already written to your Lordships on the subject of the Spotsilvania lands mentioned in the Journal of 2d. of November in a letter dated the 6th of the same moneth, that I shal now only send a duplicate of that letter, and pray your Lordships speedy direction therein, for every delay will encrease the difficulty both on the officers of the Revenue and the patentees. I have also sent your Lordships the copy of a letter which setts forth the reasons for repealing the clause which prohibits the importation of stript tobacco ; and the depositions of the Master of a ship taken by a pirate ; much about that time the same pirate took another ship which is gone to Maryland etc. On the death of Peter Beverly Esq. one of the Council, I take this first oppertunity to recommend to your Lordships to fill up that vacancy, Col. Henry Harrison whom I formerly introduced to your Lordships as a gentleman in all respects qualified for that trust. And the following names are such as by my 6th Instruction I am required to transmit, men firmly attach'd to his present most excellent Majesty, of good life, estates and abilities. Henry Armistead, John Jones, David Bray, John Taylor, Gawin Corbin, William Cole, Henry Fitzhugh, Armistead Churchill, David Meriwether, Francis Willis, Robert Carter, John Lewis. I hope no application will prevail with your Lordships to recommend any person that is not named in this list. I have reason to suspect that some may offer themselves, who are not so well known at home as they are here ; but as I am not forward in giving of characters, I shal content myself with cautioning your Lordships against Mr. Thomas Corbin only. My nomination is no otherwise out of favour or affection to their persons than as they are good men, and I am under no obligation to prefer any of them besides what their merit and my duty to my Sovereign engage me to. About two moneths since a ship of 150 tunns bound to Maryland was lost coming in at the Capes, which could not have hap'ned had there been a lighthouse ; but as that project is like to come to nothing, your Lordships must give me leave to say, that tis meer obstinacy in our neighbours and those merchants that opposed it, who have and will suffer by the want of it. Nor was there the last year, nor is there this, one Captain of H.M. ships, or Master of a merchant ship, but what finds the want of it, and is sensible of the great service it would be to the shipping. This my Lords I enquired into before I proposed it to the Assembly, and was led to it by my own observation and experience, having been obliged when I came into the country after making the land, but not discovering the Capes, to keep out at sea all that night, by which we very narrowly escaped being taken. I hope your Lordships will put a favourable construction upon what I have the honour now to report to your Lordships ; for tis a faithfull declaration that I make, when I tell your Lordships I have no other views than with great integrity to discharge my duty to H.M., etc. Signed, William Gooch. Endorsed, Recd., Read 3rd June, 1729. Holograph. 3½ pp. Enclosed,
641. i. Same to the Duke of Newcastle, 28th Feb., 1728/9. Supports address of the planters against the clause in the act prohibiting importation of tobacco strip from the stalk. States at length the reasons which induced him to encourage the address, shewing that " H.M. interest is made the foundation of the advantage proposed thereby to His people " etc. Signed, W.G. Same endorsement. Copy. 3 pp.
641. ii. Copies of three Proclamations by Lt. Gov. Gooch (i) 20th Sept. and 2nd Nov., 1728, removing embargo on export of wheat, flour and grain, (ii) 24th Oct., 1728, further proroguing the Assembly till 15th May. Endorsed, Recd. 3rd June, 1729. 1 p.
641. iii. Deposition of John Batting, Master of the ship Triumph of Plymouth. On 7th Jan. was plundered by a French pirate, 50 leagues w. of Bermuda. The pirate desisted from destroying his ship in order to chase and capture a snow which appeared in sight. Signed, J. Batting. Endorsed as covering letter. 1 p.
641. iv. Account of H.M. revenue of 2s. per hhd. in Virginia, 25th April—25th Oct., 1728. Signed, John Grymes, Recr. General. Audited by John Blair, Depty. Audr. Same endorsement. 4 pp.
641. v. Journal or Field Book of the proceedings of the Surveyors appointed for determining the bounds between the Colonies of Virginia and Carolina. 5th March—4th April, and 20th Sept.—26th Oct., 1728. Signed, Alexr. Irvine. Same endorsement. 30½ pp.
641. vi. Protest of Boundary Commissioners of N. Carolina, 7th Oct., 1728. Having with the Commissioners for Virginia run the line from Curratuck Inlet to a southern branch of Roanoak river, being in the whole 170 miles, and near 50 miles without the inhabitants, they are of opinion that the line was run as far as would be requisite for a very long time, and the carrying it further would be a needless charge and trouble, the grand debate between the two Governments about Wyanoke river or creek being settled at their former meeting in the spring, when they were ready to have gone with the line to the outmost inhabitants, whence it might have been continued when needed in an age or two, by a surveyor appointed by each side. The Virginian surveyors, having replied that they should proceed alone if they desisted, " we conceiving that by virtue of H.M. Order in Council they were to act in conjunction with the Commissrs. appointed for Carolina . . . hereby dissent and disallow of any further proceeding with the bounds without our concurrance" etc. Signed, C. Gale, J. (?) Ovick, E. Moseley, W. Little. 2 pp.
641. vii. Reply of Virginian Boundary Commissioners to preceding, Dec. 11, 1728. The plain meaning of the King's order, assented to by the Lords Proprietors, was to ascertain the boundary as far towards the mountains as possible etc., that both the King's land and that of the Lords Proprietors may be taken up the faster, and that H.M. subjects may as soon as possible extend themselves to that natural barrier. This they will do in a few years, when they know in which Government they may enter for the land, etc. Signed, W. Byrd, W. Dandridge. Note by Lt. Governor Gooch. The Commissioners of N. Carolina should have said they were 50 miles without their inhabitants and by the same rule should have gone 50 miles beyound ours etc. Same endorsement. 3 pp. [C. O. 5, 1321. ff. 110–117v.., 119–127, 128–134, 135v.–138, 139v.]
March 26.
St. James's.
642. Order of King in Council. Approving representation of 12th Feb., and ordering warrants for renewing the appointment of Richard Fitzwilliam to be of the Councils of Virginia, S. Carolina and Jamaica. Signed, Temple Stanyan. Endorsed, Recd. 16th, Read 17th June, 1729. 1¼ pp. [C. O. 5, 1321. ff. 146, 146v., 147v.]
March 27.
Whitehall.
643. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before the King. Autograph signatures. 1 p. Annexed,
643. i. Same to the King. In obedience to your Majesty's commands, 29th Jan., we have considered Mr. Burnet's letters and the Address of the Representatives of the Massachusets Bay referred to us March 1st etc., and having heard Council, as well on behalf of the Governour, as on behalf of the Assembly, we humbly take leave to represent; That one chief reason assign'd by the Assembly agt. settling a fix'd salary upon the Governor, is, that the Governor shou'd be induc'd by his own interest, as well as duty to your Majesty, to consult the interest and welfare of the people, but that should he have a fix'd salary, his particular interest would be very little affected by serving, or disserving, that of ye people. The only meaning which we can draw from this [is] that they would pay their Governor in proportion as they judge he shall deserve, by giving his assent to all such acts, and by doing all such other matters as they shall think fitt to propose to him. This to us, is the strongest reason for thinking it absolutely necessary that a fix'd salary should be settled upon the Governor, that he may be at all times free in doing what he judges most conducive to the good of the Province, and the interest of Great Britain, and to the maintaining of your Majesty's Prerogative, without fearing the resentment of ye people, and thereby run the danger of losing his support. They have, it's true, offer'd Mr. Burnet a large salary, or present, for the time he has been with them ; But we very much fear it was to tempt him to give up your Majesty's Instructions in this particular, and there- fore we must in justice to Mr. Burnet, represent to your Majesty, that we think he has acted with honour and integrity, in refusing what they would in this manner have given him. By the Charter granted to the Massachusets Bay, the General Court is empowered to impose and levy taxes to be issued, and disposed of by warrant from the Governor wth. ye consent of ye Council for the service of the Crown, in ye necessary defence and support of the Government; and as the Government of this Province consists of a Governor, Council and Assembly, the Government as intended by the Charter, can never be said to be supported, so long as the Governor, who is a chief and necessary part of the Legislature, shall be in the power of the Assembly, by being dependent upon them for his subsistance. In this Government the Assembly is chosen annually, and the Assembly chuse the Council ; so that as the Assembly may properly be said to have two branches of the Legislature in their own power, it seems the more necessary that ye Governor should be made independent of them. Upon looking back into the Acts of this Province, we find one pass'd there, in 1692, whereby a salary, or allowance of three shillings a day, is given to the Representatives. This was in 1714 increased by Act of Assembly to 4 shill. a day and afterwards in 1726 by another Act again encreased to six shillings a day ; and a salary given at the same time, to ye Members of ye Council of ten shillings a day ; and we cannot conceive why their allowance shou'd be thought more proper to be settled, and fix'd than the Governor's salary. By what has been offer'd to us, from the Council in behalf of the Assembly, as well as by their Address, they seem entirely averse to settle a certain salary upon the present Governor, and those who shall succeed him, yet as we judge it absolutely necessary for yor. Majesty's service, that the independency of your Governor there, should be preserv'd ; we humbly take leave to propose that Mr. Burnet be instructed to insist upon a fix'd salary of one thousand pounds sterl. pr. annum, at least, to be by a law settled upon him, during the whole time of his Government, and to be paid him, out of the Treasury of the Province in the same manner, as the salarys to the Members of ye Council and Assembly are paid. If your Majesty shall be graciously pleas'd to explain your Instructions, in so favourable a manner, agreeable to your Matie's Instructions given to other Governors, and the Assembly shall not then think fit to comply ; the only means, we know of, to bring them to a sense of their duty, is, that your Majesty shall be pleas'd to lay an account of their conduct before your Parliament. As to their complaint against the Governor for having adjourn'd the General Court from Boston, His late Majesty, in Council upon a former complaint of this nature agt. Col. Shute, did determine that point in favour of the Governor; and we do not see why Mr. Burnet's conduct should be call'd in question for having acted agreable to that determination. Autograph signatures. 6 pp. [C. O. 5, 752. Nos. 38, 38 i ; and 5, 916. pp. 183–189].
March 27.
Whitehall.
644. Same to the Committee of the Privy Council. In reply to reference of March 1st, enclose copy of preceding representation. [C. O. 5, 916. pp. 190, 191].
March 28.
St. James's.
645. H.M. Warrants appointing and continuing Richard Fitzwilliam, Surveyor General of the Customs, to the Councils of Virginia and South Carolina and Jamaica. Countersigned, Holles Newcastle. Copy. 2 pp. [C. O. 5, 361. ff. 146, 146v., 147v. ; and 324, 36. pp. 107—110].
Mar. [—].646. Petition of Joseph Gledhill and William Crosse, to the King. Samuel Gledhill, Lt. Governor of Placentia, and father of first petitioner, paid, by permission, £1200, to a Gentleman in the Army, upon his relinquishing said post, when his 35 years service in the army were rewarded by H.M. Commission of Lt. Governor. Upon the complaints of several masters of ships, he has been recalled and his pay stopped. Pray that it may be continued, being the maintenance of 8 children. Crosse and other merchants of London are ready to testify to his encouragement and protection of their shipping to Newfound- land etc. Signed, Joseph Gledhill, William Crosse. 1 p. [C. O. 194, 23. No. 36].
March 31.
Boston.
647. Governor Burnet to the Duke of Newcastle. I have seen so much of the temper of the people of this province, that I humbly conceive that some of H.M. forces upon the British establishment, will be necessary to keep them within the bounds of their duty. Refers for his reasons to following. Continues : I flatter myself that your Grace will have the goodness to represent the matter to H.M. in such a light, that two Independent Companys of 100 men each may be ordered to this place, of which I humbly hope, that one will be under me as their Captain and the pay and clothing of both the Companys under my care, in the same manner, and at the same rate as the four Companys at New York etc. Signed, W. Burnet. Endorsed, R. 24th July. Copy sent to Ld. Townshend. 1¾ pp. Enclosed,
647. i. Duplicate of following. [C. O. 5, 898. Nos. 56, 56 i.].
March 31.
Boston.
648. Governor Burnet to the Council of Trade and Plantations. Among the many attempts that the people of this province have made to be independent, I think the greatest and most dangerous is that of endeavouring to wrest the sword out of the Royall Hand, as Govr. Shute expresses it in his complaint to His Late Majesty, and for this reason he formed three of his seven charges against the Assembly upon this point, his instances that they pretended, by their own authority. First to demolish forts. 2nly to stop the pay of the Forces. And 3dly to order them to be mustered by their Committee. These charges were indeed confessed by the Assemblys Council to be just upon the hearing before the Committee of the Lords of the Privy Council. But as I have had experience of the little regard shewn to His late Majesty's orders upon that hearing, in the Assemblys disputing the power of the Governor to adjourn them from Boston to Salem, I have all the reason in the world to apprehend that they will whenever they think fit, abandon forts and stop the pay of the Forces, as they do at this time continue to examine the musters, before the men can be paid. In this manner it depends on them to strip me of all military force at their pleasure, and indeed as it is, the soldiers and officers are in fact much more at their command than mine. I can see no possible remedy to this encroachment on the Royall Authority, of so great importance, unless H.M. will be pleased to order some of the Forces in his own immediate pay to be posted in this Province. I humbly conceive there is not less need of them in this Province than at Nova Scotia or Newfoundland or New York. And as his late Majesty ordered an Independent Company to Providence and another to South Carolina ; I would humbly propose that two Independent Companies of one hundred men each may be sent to this Province, one to garrison the Castle near Boston, and another to be divided among the small forts on the frontiers. This one thing would I am persuaded signify more than anything else to give the Government here some weight and to make H.M. be respected by the people who at present value themselves upon the feebleness of the Administration. If your Lordships think what I propose to be reasonable, I hope you will be pleased to lay it before H.M. for his Royall approbation. Signed, W. Burnet. Endorsed, Recd. 12th, Read 23rd May, 1729. 3½ pp. [C. O. 5, 870. ff 224–225v.]
March 31.
Boston.
649. Same to Mr. Popple. Encloses following newspaper, " where I have marked the vote of the last town meeting here for the encouragement of the Representatives. I likewise desire you to lay the enclosed certificate before their Lordships in order to rectify a mistake in my Instruction for New Hampshire in the list of Councillors, where James is named instead of John Penhallow, as the said James himself informed me that he sollicited Governour Shute to recommend his brother John, and not himself, he not living in the place, but being continually employed in voyages at sea " etc. Asks if a new warrant will be needed. Signed, Wm. Burnet. Endorsed, Recd. 12th May, 1729. l? pp. Enclosed,
649. i. The New England Weekly Journal No. CIV. Monday, March 17, 1729. With passage marked by Governor Burnet. Vote of Town meeting for payment by the Town Treasurer of the Representatives for their sessions at Salem, they " having steadfastly adhered to the rights and privileges of people of this Province, and have been hitherto extraordinarily prevented any allowances" etc. Endorsed as preceding. Printed. 2 pp.
649. ii. Affidavit by Benjamin Pollard and William Brock. Governor Shute named Capt. Penhallow to the Board, whose Christian name was subsequently inserted as John. Signed, Benj. Pollard, Will. Brock. Endorsed as preceding.pp. [C. O. 5, 870. ff 226, 226v., 227v.–228v., 229v.–230v., 231v.]