America and West Indies
January 1730

Sponsor

Institute of Historical Research

Publication

Author

Cecil Headlam (editor) Arthur Percival Newton (introduction)

Year published

1937

Pages

1-18

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'America and West Indies: January 1730', Calendar of State Papers Colonial, America and West Indies, Volume 37: 1730 (1937), pp. 1-18. URL: http://www.british-history.ac.uk/report.aspx?compid=72508 Date accessed: 28 July 2014.


Highlight

(Min 3 characters)

Contents

January 1730

Jan. 2 1. H.M. Additional Instructions to Lt. Governor Dummer. Whereas an unwarrantable practice hath of late years been introduced into the proceedings of the Assembly of the Massachusetts Bay, of raising money and supplying the current service of the year by a vote or resolve instead of an Act of Assembly, and of reserving thereby to the said Assembly a power of determining what accounts shall or shall not be paid even after the services performed, expressly contrary to the tenor of the Charter etc., Whereby they are impowered to raise moneys for the support of Our Government and for the defence of the Inhabitants by Act or Acts of Assembly only, and the issuing of the said money when raised, is expressly reserved to Our Governor for the time being, with the advice and consent of Our Council of the said Province: Now Our will and pleasure is, and We do hereby require you to take care for the future, that no money be raised, or Bills of Credit issued in that Our Province but by Act or Acts of Assembly, in which Act one or more clauses of appropriation may be inserted, but that the issuing of all moneys so raised, or bills of credit be left to Our Governor or Commander in Chief with the advice and consent of our Council according to their Charter, subject nevertheless to a future inquiry of the then present or any other Assembly as to the application of such moneys. And Whereas complaint hath been made to us, that certain illegal and unaccustomed fees on shipping have been lately exacted within Our Said Province, Our further will and pleasure is, and we do hereby strictly command that neither you our said Lt. Governor, nor any succeeding Governor etc. do presume to exact or demand any other fees than what are legall, and have been customarily taken by the Governors or Commanders in Chief of that Our Province for registering of ships and for lett passes on any pretence or account whatsoever. [C.O. 5, 192. ff. 431, 432.]
Jan. 2 2. Governor Johnson to Mr. Popple. I begg leave to give you some further thoughts (cf. Dec. 19, 1729) in respect to the better setling of Carolina, to be laid before their Lordships, if you shall think proper etc. (i) As there are many people now settled upon the River of Wynieah, I conceive to be necessary to lay out a town, make it a port of entry and appoint a Collector there, (ii) As I conceive it will be of very great service and security to the Colony to encourage the building of towns, asks for instructions as to grants of land and laying of them out etc. (iii) For the better settling of this Colony by the encouragement of new products proposes a bounty on raw silk, pott ash, wine and live oak etc. much wanted in H.M. docks and the best oak in the world for that service, and of all H.M. Dominions in America, only grown in Carolina, (iv) It would be of very great encouragement to the making pitch and tarr and not any of the least detriment to H.M. firr or other timber trees, that I should have instructions to give leave to all persons requiring it under proper restrictions to make use of the dead light wood trees lying or standing upon H.M. lands or the lands not patented, as they are of no other use etc. (v) Suggests that patent officers be obliged to act in person, and not by deputy. Signed, Rob. Johnson. Endorsed, Recd. 3rd. Read 28th Jan., 1729/30. 2 pp. [C.O. 5, 361. ff. 46, 46v, 47v.]
Jan. 3.
Annapolis
Royall.
3. Governor Philipps to the Council of Trade and Plantations. Begins with duplicate of Nov. 25, 1729. Continues :— As the bringing the French inhabitants of this Province to an entire submission and due allegiance to the King (who are at this time a great body of people) has been thought a work of very great consequence to its safety and welfare, and therefore takes up a considerable part in H.M. Instructions to the Governour, your Lordships will now see by the enclos'd parchments and the progress made therein in less than three weeks, that I have had that matter at heart and my hopes of succeeding not to have been ill-grounded. The subscribers thereto are the whole Settlement of this River to a man from sixteen years of age upwards, whereto they are pleas'd to express that the good likeing they have of my Government in comparison of what they experienc'd afterward, did not a little contribute and therefore reserv'd this honour for me; Indeed I have had no occasion to make use of threats or compulsion nor have I prostituted the King's honour in makeing a scandalous capitulation in his name and contrary to H.M. express orders, as has been done by one Ensigne Wroth of my Regiment, coppy whereof I could not omitt laying before your Lordships; that same Gentleman is now in England, gone home (as I am told) to demand great matters for his good service, how far they will be thought such I submitt, but were it my case to have presum'd to make use of the King's name without his authority, I shou'd expect a more suitable reward. Haveing finished with the people of this River, I must waite the breaking up of the winter to open a communication with the other Settlements up the Bay of Fundy, from whence I daily expect their Deputys thro' the woods, with assureances of the readiness of their people to submitt in like manner when call'd upon, where I judge it necessary for me to be in person for the more solemnity to give them the oath as I have done to all these, and then shall return to Canso, where I shall be expected. By a letter from Col. Dunbarr from Boston I am acquainted of his arrivall there, and from other hands, of the country call'd the King's Province or the Province of Main bordering on New England being put under his care, which I look'd upon to have been a part of this Government, but if it is determin'd otherwise, I have no objection to make but wish him success in the settling of it, which he cannot well faile in with the advantages and encouragement that Government is favoured with above this, particularly as Col. Dunbar is both Governour and Surveyor, he is at liberty to receive immediately all familys that shall offer whereas my hands have been tyed up from the beginning not to be loos'd but by his haveing finish'd the survey of this whole Province, whereby its settlement has been postpon'd and baulk'd all the time of my Government, and may continue to be it's fate some time longer; for I look upon it not to be the work of months but years and unless (in the doeing of it) reguard be had to the harbours and places that are most proper for settlements I am afraid to think that all encouragement will be quite taken away. Another priviledge granted to this new Government (as I am told) is to be free from Custom House Officers for seven years, which alone will draw many people to live under it, a favour I cou'd not procure for Canso tho' a mere fishing place where no other sort of business is carryed on; it is thought a great hardship that such an officer should be placed there any more than in the harbours of Newfoundland to fill his pocketts by obligeing all vessels to enter and clear, tho' they trade in nothing but the catching and cureing of fish; I wish this matter were reconsider'd, it being a grievance that will (I am afraid) hurt the place if not dispens'd with. It is rumoured here that the Government of Placentia is likewise put on another footing. I must own it lay at too great distance from hence to be visited so often as necessary in the case of a bad lieutenant, and there-for as there was no sallary allow'd me for it, I submitt with patience to H.M. pleasure hoping it is done salvo honore. This being a chance opportunity of writeing which offers unexpectedly in this late season, I wou'd not omitt giveing your Lordships an account of my proceedings up to this day, which I hope will meett with approbation, and procure me your Lordships' favourable representation of my best endeavours for H.M. service. I found at my comming a generall dissattisfaction in all parts, and disagreement between the two Lieutenant Governours about the right of power and command which drew the inferiour officers into partys. But I assure your Lordships it is now the reverse, joy and satisfaction appeares in every countenance among the people and in the Garrison tranquility, tho' I cannot answer but that the inward leven may still remain. I have the honour to wish your Lordships a happy New Year and many of them, etc. Signed, R. Philipps. Endorsed, Recd. 25th April, Read 11th May, 1730. 11 pp. Enclosed,
3. i. Oath of allegiance taken by the inhabitants of Annapolis Royal. Je promets et jure sincèrement en foi de Chrétien, que je serai entièrement fidelle, et obèirais vrayment sa Majesté, le Roy George le Second, qui je reconnois pour le souvrain Seigneur de la Nouvelle Ecosse e de l'Accadie. Ainsi Dieu me soit en aide. 193 signatures. Witnessed by René Charles de Breslay, Prêtre, and 15 English officers etc. Endorsed as preceding. Parchment. 1 p.
3. ii. Address of the French inhabitants of Annapolis Royal to Governor Philipps. Welcome his arrival and hope that he will be completely convinced of their intention to submit to their gracious sovereign, King George. Continues :—We have unfortunately experienced on several occasions the great difference there is between your benign and just administration and that from which we are just relieved, all the more that we had in our hands the assurance which your Excellency had the goodness to give to us, signed by your hand, that we should fully enjoy the liberty of our Religion and the possession of our property until H.M. pleasure should be signified by your Excellency, of whose return we began to despair, and besides the utterly inhuman treatment of our good Pastor, M. le Breslay, whom we were even forbidden to see or to give him any shelter or the least assistance, whilst he was obliged to take refuge in the woods, where he has remained nearly fourteen months, had caused the utmost consternation among us, seeing that we could not exercise our religion nor even gather two or three together to pray, and that near the time when we had been required to take the oath of fidelity to H.M. by Lt. Governor Armstrong, notwithstanding that the teaching of our said Pastor has been on every occasion to render us sensible of the obedience we owe to a Sovereign, under whose benign government we had always been happy, for we had never been before molested or troubled in the complete exercise of our religion. This bad treatment, besides several other instances too numerous to mention made us apprehensive lest we should not have our religion safe and free, and even obliged us to defer taking the oath of obedience to H.M. till your Excellency's arrival, which happy day being come to our great joy and comfort, we are assured of seeing all our hopes fulfilled, and as your Excellency has consented in accordance with justice to give us back our good Pastor, we humbly pray you to accept our sincere thanks. We only await your orders to appear before your Excellency in order to give the last proofs of our obedience to His Britannic Majesty by taking the oath of fidelity etc. 156 signatures. Endorsed as preceding. Copy. Parchment French. 2 pp.
3. iii. Ensign Wroth's Articles and Concessions to the French inhabitants at Mines, relating to the oath of allegiance, 26th Oct., 1727, with resolution of the Council there-upon that they are unwarranted and dishonourable to H.M. authority and government, 10th May, 1728. (v. C.S.P. 17th Nov., 1727 etc.) Copy. 2 pp. [C.O. 217, 5. ff 188–189v, 191–197v., 198v., and (abstract of covering letter with marginal notes for reply), 217, 30. p. 40.]
Jan. 3.
Annapolis
Royall.
4. Governor Philipps to the Duke of Newcastle. Duplicate of above covering letter. Signed, R. Philipps. Endorsed, R. 13th. 11 pp. Enclosed,
4. i. Duplicate of encl. iii preceding.
4. ii. Duplicate of encl. ii preceding. Parchment. 2 pp.
4. i. Duplicate of encl. i preceding. Parchment. 2 pp. [C.O. 217, 39. Nos. 1, i–iii.]
Jan. 7.
Whitehall.
5. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before H.M. Annexed,
5. i. Same to the King. Upon reference of 6th Nov., report that "Mr. Morris behaved himself in such a manner, as sufficiently justifies Collo. Montgomery for having suspended him from the Council. If your Majesty should be of opinion that the said Mr. Morris is no longer deserving of the honour to serve your Majesty in the said Council, we humbly take leave to propose that Philip Courtland may supply his place" etc. [C.O. 5, 1125. pp. 141, 142.]
Jan. 7.
Whitehall.
6. Duke of Newcastle to the Council of Trade and Plantations. H.M. having been pleased to appoint George Burrington Esq. Governor of North Carolina etc., you are to prepare a Commission and Instructions for him accordingly. Signed, Holles Newcastle. Endorsed, Recd. Read 7th Jan., 1729/30. ¾ p. [C.O. 5, 293. ff. 1, 2v.].
Jan. 8. 7. Draft of letter from [?Mr. Walter] to Governor Montgomerie, recommending to his protection Abija Smith and Ester Allaine, widow and daughter of Lewis Allaine, who reside at New York etc. [C.O. 5, 1093. ff. 128, 129v.; and (memorandum) 5, 1086. ff. 20, 21v.]
Jan. 9.
Wma. burgh.
8. Lt. Governor Gooch to the Council of Trade and Plantations. Acknowledges letters etc. of 22nd May and 20th June, received 1st Jan. Continues : The former, containing chiefly what your Lordships have thought fit to report to H.M. upon some of the acts past here, requires no other answer, than to assure your Lordships of my entire resignation to your Lordships' sentiments, and my resolution to bring the people of the Colony into the same temper, notwithstanding both they and I may in that particular of the Lighthouse differ from the opinion of the merchants and others, and still think it would be of great service to the trade. I shal observe your Lordships' direction in case the Burgesses attempt to apply the duty on liquors to the payment of their attendance by way of bill: But as I am apprehensive their first endeavour will be, as has been the practice heretofore, to pass this payment only by a resolve of their House, and to obtain the concurrence of the Council thereto, which will not admit of any such suspending clause, as your Lordships propose; I hope my 14th Instruction will justifie me, if on some occasions, when it may be necessary for the publick service, I should gratifie the Representatives of the People with such money payment, instead of the tobacco they ought to have by law: since as well the private interest of the Burgesses, as the benefit of the people in being eased of so much of their tobacco tax, will have a considerable influence on preserving a good harmony with the Assembly, and those, they represent. Before your Lordships' letter came to hand, I had received a duplicate of H.M. Order in Council from Mr. Spotswood in relation to his lands in Spotsilvania: and his Agent here hath had notice that he may expect an exact conformity to H.M. pleasure signified therein. And it is a particular satisfaction to me to find that your Lordships sentiments with regard to the other patentees in that county are the same with mine, and the concurrent resolutions of the Council in that point. Your Lordships are pleased, 20th June, to recommend to my care the reconciling of the differences between the Nottoway and Saponie Indians; which I thought I had in a good measure effected; But the latter have prevented my further trouble by removing their whole nation 400 miles from our frontiers, and incorporating themselves with a nation called the Cattawbaws, who are at present in friendship with us; How long they are like to continue so, I shal be able to inform your Lordships on the return of a Messenger I lately dispatched thither at the request of the Governour of New York, to redeem some prisoners belonging to the five Nations, taken by the Cattawbaws in an action the last summer. Notwithstanding I have used all imaginable diligence, both by offering a reward of £50 for the discovery, and by causing a strict eye to be kept on all suspected persons in order to detect those concerned in robbing and burning Mr. Lee's house, all my endeavours have hitherto proved to no purpose: from whence I conclude that the plate and goods they took were conveyed away to some other Colony immediately after the fact was committed, it being no difficult matter for such villains to find means to dispose of anything of that kind in places where their characters are unknown. So that all the recompence this gentleman has now in view, is H.M. bounty, to which your Lordships have had the goodness to recommend him. I am sorry to find myself obliged to differ in opinion with those who have recommended Mr. Thomas Corbin to your Lordships as a fit person to supply the present vacancy in the Council: I am far from offering to derogate from Mr. Corbin's character in his private life: on the contrary I am inclinable to believe him an honest well demeaning man, and had that been all that my Instruction requires of me, he would have had as good a claim to my friendship in this affair as any other gentleman. But my Lords his advancement to the station proposed for him will be very shocking and disagreeable to the gentlemen of the Colony; his temper is observed to be very unsociable; he is a person of no interest among the people; his private affairs are greatly perplexed, which cannot but add to the natural sowerness of his disposition; so that I can't apprehend he can be at present of much advantage to H.M. service; besides, that part of the country where he lives, very retired, has in it already gentlemen of the Council of great interest in their neighbourhood; whereas in the parts where Col. Harrison lives, the person I recommended to your Lordships, there is not now any one of the Council, nor in all that tract on the south side of James River; and as our tributary Indians live in that quarter, and not very remote from Mr. Harrison's estate, I was the more desirous to have him added to the Board, on the present vacancy as one, who knows best the Indian affairs, and will have a much greater influence over them in composing their private quarrels, by being appointed a member of the Council, to whom those savages pay a particular veneration. And as he is a gentleman of a very ample fortune, and of a considerable interest amongst the inhabitants of that part of Virginia, I am humbly of opinion, he is not only the fitter of the two, but at this time more especially necessary to the publick service, when the southern frontiers are not without apprehensions of being disturbed on account of the late quarrel between the Saponies and the Nottoways, should the former return, to the quieting whereof no person in this country can be so instrumental. I forbear mentioning anything with regard to myself, but submit it to your Lordships' judgment after declaring the rules I shall always observe in my recommendation, which are, first, to chuse such as are of the best character and capacity, joyned with a good estate, and when two persons of equal capacity are candidates, to prefer him who has the most plentiful fortune. In the next place, to dispose of this office so, as there may be some in each part of the country, if such can possibly be found; for by that means the people will be the better screened from oppression, when in every neighbourhood there is one of the judges of the Supream Court to apply to, by whose authority they may more easily find redress. And this I take to be of no small importance to the tranquillity of the Government. These my Lords are my reasons for and against, and such they are, by what I see and know of Mr. Corbin in this country, as would for ever keep him out of my list. When I transmitted to your Lordships the list of persons proper to supply vacancies in the Council, I had not the least knowledge of what your Lordships mention concerning Mr. Gowen Corbin; he appeared to me, and proved to my enquiry, as he is a gentleman of a good estate, and as I never heard of any blemish in his character, from Colonel, on Mr. Beverly's death, I made him Lieutenant of a County. But since I had the honour of your Lordships' letter, I have examined into his conduct in what he was accused of wrongly, and am told, that having made a voyage to England on purpose to vindicate himself, he did acquitt himself of the offence charged on him to the satisfaction of the then Ministry, and I don't find he was ever questioned for it after his return, etc. Signed, William Gooch. Endorsed, Recd. 14th March [?1730] Read 12th May, 1731. Holograph. 3 ½ pp. [C.O. 5, 1322. ff. 136–138v., 139v. (with abstract).]
Jan. 9.
New
Hampshire.
9. Col. Dunbar to Lt. Governor Wentworth. A great number of masts fitt for the use of the Royal Navy haveing been cut clandestinely the last year, and being seized by my Deputy, were tryed and condemned for H.M. by due course of Law, and another larger number being lately seized near Tuck-away Mills, proposes that they may be taken by the Contractor for supplying the Navy and sent home in part of the numbers contracted. Requests him to send for the Agent with a view to his making him a tender of said masts, and to attest his answer if he refuses, as he has already done at Boston, etc. which will be scarce creditable at home etc. Signed, David Dunbar. Endorsed, in Colo. Dunbar's, Feb. 2. Copy. 2 pp. [C.O. 5, 10. No. 25.]
Jan. 10.
London,
11th mo.
called
January.
10. Mr. Partridge to the Council of Trade and Plantations. Refers to Memorial of 4th March, 1729, requesting report on six acts of N. Jersey. He apprehends some difficultye may attend the conformation of two of them (An Act concerning the acknowledging and registering deeds and conveyances of land etc., and an Act for shortening of law suits etc.). If they are not judged meet to be favourably reported upon, prays to be informed what objections are made to them, so that he may transmit them to New Jersey for the people's answer, and that meanwhile they may lie probationary and not repealed, since they are of great consequence to the people there. Signed, Richd. Partridge. Endorsed, Recd. 10th Jan., 1729/30, Recd. 15 June, 1731. Addressed. 1 p, [C.O. 5, 972. ff. 203, 206v.]
Jan. 11.
Bermuda.
11. Lt. Governor Pitt to Mr. Popple. Encloses following and will send annual accounts as required. No signature. Endorsed, Recd. 21st April, Read 22nd July, 1730. 1 p. Enclosed,
11. i. Replies to queries of the Board of Trade, 1729. Same as those of former years, with following variations :— (i) 65 vessels of 100 to 15 tons, employing about 300 men. Within last six years the number of vessels has been decreased by about 20, worth with cargoes about £9000, the major part whereof have been illegally taken and destroyed by the Spaniards, whereby abundance of sea-faring men have lost their lives, (ii, v.) About £6000 of British and East India manufactures annually imported from London. No other trade, or imports, except Madera wines and foreign sugar, molasses, rum, imported on paying duties, which is constantly permitted in all other English Colonies, (v.) Plat exported to London. Indian corn and other provisions are imported from America. Some small quantities of corn and other provisions are annually produced here and some onions, cabages, and oranges, but none for many years shipped off except onions in small quantity. The vessels have been formerly freighted with pineapples, cabages, and oranges, but they have for these 20 years past been very scarce and sometimes are not to be purchased at any rate, particularly this present year. There are also some cattle and sheep. (vii) The annual product of commodities, besides shipping, amounts roughly to about £2,500. (viii) Number of inhabitants, by an exact account taken 1729, White, 5,086; Blacks, 3,688. (ix) The. inhabitants are decreased within these four years by about 2000, several families having been obliged to remove to other Colonys because of the poverty of this place, and also a considerable number of blacks have been transported, (x) Number of Militia, 675. (xi) The fortifications (described) have been for several years in a ruinous condition, but are now repairing at the very great expence of the country. They are in great want of small arms and ammunition. At the Castle and Paget's Fort are kept, at the expense of the country, a constant guard of four and two men respectively, who make signals on sight of any vessel approaching, (xiv) Annual Revenue, from duty on liquors imported, £300 (Bermuda money); powder money, or duty on tunage, £45; rent of public lands, £120. All which is appropriated to defraying the contingent charges of the Government etc. (xv) Number of acres cultivated in each parish (given), Total, 11,542, whereon no quit rents were ever reserved. This is the whole number of acres these Islands contain, (xvi) For the general reparation of the fortifications, which will cost about £500, an Act has been passed laying a duty of 3 p.c. for two years on all goods imported, (provisions and liquors only excepted) as also a duty of 6d. per head on negroes and I/s per head on horses etc. Same endorsement 9 ½ pp. [C.O. 37, 12. ff. 41, 42v., 45–49v., 51v.]
Jan. 12.
Whitehall.
12. Mr. Popple to John Scrope. Requests him to move the Lords Commissioners of the Treasury for their favourable orders in respect of the allowance to Mr. Hintz (4th Dec.) approved of by the Committee of Privy Council, "lest the season should be lost for performing a service of so much importance to the publick." [C.O. 218, 2. p. 167].
Jan. 12.
New
Hampshire.
13. Lt.–Governor Wentworth to the Undertaker for the Agent for supplying masts to the Navy. Recommends Col. Dunbar's proposal of Jan. 9th q.v. Signed, J. Wentworth. Copy. ½ p. [C.O. 5, 10. No. 25A.].
Jan. 13.
Portsmo.
14. Thomas Westbrook to Lt. Govr. Wentworth. Reply to preceding. Refuses, at great length, to accept the offer of the 12 trees, as they lie, because they are 80 miles distant from Falmouth, the port at which he must deliver them and where his men, oxen and stores are, etc. Will accept them if of correct size and delivered to him at Falmouth. The size of the trees he is obliged to provide is so great that it is difficult if not impossible to procure them in N. Hampshire. Signed, Thos. Westbrook. Endorsed, in Col. Dunbar's of Feb. 2. 5¾ pp. [C.O. 5, 10. No. 26].
Jan. 14.
Whitehall.
15. Council of Trade and Plantations to the King. Offer for confirmation act of St. Kitts for raising a tax on negroes for erecting a court-house at Basseterre etc. (v. 20th June). [C.O. 153, 15. pp. 41, 42].
Jan. 15.
Whitehall.
16. Council of Trade and Plantations to the King. Enclose following etc. Annexed,
16 i. Draft of H.M. Commission to Governor Burrington. In the usual form. [C.O. 5, 323. ff. 1–12v.].
Jan. 15.
Whitehall.
17. Governor Belcher to the Council of Trade and Plantations. At their Lordships' request, offers observations upon the Instructions of the Governors of the Massachusetts Bay and New Hampshire. As to Instruction 51, the Governors have usually worn the Union Flag when on shipboard or in their barge, which has occasioned disputes with Commanders of H.M. ships. Asks for explicit Instruction. Concludes by suggesting that the Governor be instructed to recommend that all proper encouragement be given for raising hemp, and that seed be sent for that purpose; and that Massachusetts and New Hampshire appoint Commissioners from the neighbouring Provinces to settle their disputed boundary, etc. Signed, Jona. Belcher. Endorsed, Recd. 15th, Read 23rd Jan., 1729/30. Addressed. 8 pp. [C.O. 5, 871. ff. 1, 2–6v. 8v.]
Jan. 16.
Whitehall.
18. Mr. Popple to Lord Forbes and Col. Hart. My Lords Commrs. having under their consideration an Act of Antigua, 1728, to supply the defects of an Act for constituting a Court of Chancery, etc., do desire to speak with you thereupon on Tuesday morning next, at 11 a clock. [C.O. 153, 15. p. 43.]
Jan. 18.
Whitehall.
19. Order of Committee of Privy Council. Considering that the power of granting lands within Nova Scotia is vested in Governor Philips by his Commission, they refer back to the Council of Trade the two draughts of Instructions submitted by them, to alter the same, by authorizing Col. Dunbar to lay out the lands for the new settlers and reserving the power to Governor Philips, according to his Commission, of making grants for the same. They are to add a clause requiring Governor Philips to furnish Col. Dunbar out of his garrison, with such a number of soldiers, as will be necessary to protect him, whilst upon the service for setting out the woods for the use of the Navy. Signed, Ja. Vernon. Endorsed, Recd. 24th, Read 26th Feb., 1729/30. 1 1/3 pp. [C.O. 217, 5. ff 142, 142v., 143v.]
Jan. 21.
Whitehall.
20. Duke of Newcastle to the Council of Trade and Plantations. His Majesty having been pleased to grant a Commission under the Great Seal to the Bishop of London to exercise Ecclesiastical Jurisdiction in H.M. Colonys and Plantations in America, bearing date the 29th April, 1728, I send you herewith a copy of it, that you may prepare an Instruction for the Governors of the said Colonys and Plantations prescribing to them (as they are enjoined by the said Commission) to support his Lordship and his Commissarys in the exercise of such jurisdiction, pursuant to the tenour of that Commission. Signed, Holles Newcastle. Endorsed, Recd. 21st Jan., Read 17th Feb., 1729/30. 1 p. Enclosed,
20 i. H.M. Commission to the Bishop of London to exercise ecclesiastical jurisdiction in the Plantations etc. (v. preceding). Printed. 6 pp. [C.O. 323, 9. ff 28, 29–31v., 33v.]
Jan. 22.
St. James's.
21. Order of King in Council. Approving Commission for Governor Burrington. Signed, Temple Stanyan. Endorsed, Recd. 30th May, Read 4th June, 1730. 1 p. [C.O. 5, 293. ff. 11, 12v.]
Jan. 22.
St. James's.
22. Order of King in Council. Ordering that Governor Burrington enquire into and report upon the complaints against Governor Sir R. Everard, as proposed by Council of Trade, 1729. Printed, N.C. Col. Rec. III 75 q.v. Signed and endorsed as preceding, 1 1/3 pp. [C.O. 5, 293. ff 13, 13v, 14v.]
Jan. 22.
Whitehall.
23. Mr. Popple to Mr. Morrice, Mr. Yeamans and Mr. Tryon. My Lords Commissioners desire to speak with you etc. as 16th Jan., "with such other gentlemen as you think can give my Lords any light in this affaire" etc. [C.O. 153, 15. pp. 43, 44.]
Jan. 22.
St. James's.
24. Order of King in Council. Additional Instructions for all Governors are to be prepared directing them to assist the Deputy Receivers of 6d. per month from seamen's wages for Greenwich Hospital etc. Set out, A.P.C. III. No. 192, q. v. Signed, Temple Stanyan. Annexed,
24. i. H.M. Additional Instruction to Governors of Plantations referred to in preceding.
24. ii. Instructions to the Receivers by the Commissioners for collecting the 6d. pr. month etc. Printed. 4 pp. [C.O. 324, 36. pp. 168–170b.]
Jan. 22.
St. James's.
25. Order of King in Council. Approving Additional Instructions to Governors to be aiding and assisting to the Deputy Receiver of the 6d. from seamen's wages, etc. Signed, Temple Stanyan. Endorsed, Recd. 30th May, Read 4th June, 1730. 1 p. [C.O. 323, 9. ff. 38, 41v.]
Jan. 22.
Whitehall.
26. Circular letter. Duke of Newcastle to the Governors and Proprietors of Plantations. Encloses the King's Order for the cessation of hostilities and restitution of prizes to the subjects of Spain in America, in case such hostilities are continued against them, or any prizes have been taken from them by H.M. subjects since 11/22 June, 1728. Encloses copies of Treaty of Seville relating to this matter and the King of Spain's Cedula (encl. ii). Continues : The originals of which cedulas are sent to the respective Vice Roys and Spanish Governors in the West Indies, by the Captain of the man of war, that carrys these H.M. Orders to you etc. I need only add, that the former Orders from H.M. for the cessation of hostilities mentioned in the inclosed letter etc. are those which were sent to the late Rear Admiral Hopson dated 25th March, 1728, which he was to communicate to you: and tho' the like orders sent at the same time to America from the Court of Spain, have been so ill-obeyed, there is reason now to hope from the readiness with which the present cedulas have been issued, that an intire stop will now be put to those depredations which the Spaniards have not ceased to commit against H.M. subjects in America, and that the Spanish Governors will think themselves obliged to obey these orders. H.M. would therefore have you, if the like should happen for the future, make immediate application to them for redress, pursuant to the King of Spain's order, and send an account of it, and their answers and behaviour, to one of H.M. Secretarys of State for H.M. information, that in case of a refusal or delay of justice, complaint of it may be made to the King of Spain: and H.M. does strictly charge and require of you, that on your part you punctually comply with the obligations of the Treaties subsisting between H.M. and the Catholick King, that no occasion may be given to the Spaniards for making any complaint on that head. Signed, Holles Newcastle. Annexed,
26. i. Circular letter from the King to the Governors and Proprietors of Plantations. St. James's, Jan. 22, 1729/30. Whereas, upon the repeated complaints which Our Minister at the Court of Our good brother the King of Spain hath etc. made to the said King and His Ministers, that His subjects in America did continue to make depredations, as if a war existed, upon our subjects; His Catholick Majesty has, in the most express manner, signified His pleasure to the Vice Roys of Peru and New Spain, and other the Governors and Officers of His Dominions in those parts, that the Orders for a cessation of hostilities, which he issued on the 25th of April, 1728, in consequence of what had been stipulated by the Preliminaries and by the Convention signed at the Pardo be strictly observed by all his subjects, and that accordingly all prizes taken by them from Our subjects in America from the time of the arrival of His said Orders at Cartagena, mentioned in the said King's cedulas to be on the 11/22 June, 1728, be punctually restored, or in default thereof the just value of the said prizes and their cargoes at the time when they were taken, and that reparation according to justice be also given for any further damage occasioned by the detention thereof, till the time of their being delivered up, excepting seizures made on account of illegal trade in the places and limits prohibited by the laws, and the treaties of Peace and Commerce; Our will and pleasure is, that in pursuance of Our orders formerly issued in that behalf, all and singular Our subjects do forbear and abstain from all acts of hostility against the subjects of Our said good Brother, and that if any prize or prizes have been taken or shall be taken from his subjects since 11/22 June, 1728, full restitution, be made of such prize or prizes, or in default thereof, the just value of the said prizes and their cargoes at the time when they were taken, according to the authentic proofs and vouchers of such valuation, that have been or shall be produced by the respective owners etc., and that reparation be also given according to justice for any further damage occasioned by the detention of such prizes, till the time of their being delivered up, excepting always any seizures that may have been or may be made on account of an illegal trade carried on contrary to the laws and the treaties of Peace and Commerce, and that the owners of the prizes to be restored, in pursuance of this Our order, shall freely enjoy the same and their effects, and carry them at their pleasure to their own Ports, and in execution of these our commands, you are to have regard to, and to govern yourself by, what is stipulated in the Treaties of Commerce subsisting between the two Crowns; and we do hereby strictly charge and command you, and all and singular our Officers and Ministers etc., to take due notice hereof etc., in order whereunto you are to take care, that they be duly apprised of this Our royal pleasure etc. You are to transmit unto us an account of your proceedings herein etc. Countersigned, Holles Newcastle.
26. ii. The King of Spain's Cedula for restoring prizes taken from the English in America. Seville, 14th Dec, 1729. As described above. The counterpart of preceding Instruction (No. 1). The Viceroys of Peru and New Spain are strictly to comply with this order etc. Copy. Spanish.
26. iii. English translation of No. ii. [C.O. 324, 36. pp. 171–192; and (corrected draft of covering letter and enclosure No. i), 5, 4. Nos. 40, 40. i.]
Jan. 22.
Whitehall.
27. Council of Trade and Plantations to the Committee of Privy Council. Enclose following.
27. i. Draft of H.M. Additional Instructions to Governor Philipps. (v. March 25 and April 27.) [C.O. 218, 2. pp. 168–176.]
Jan. 22.
St. James's.
28. Order of King in Council. Approving of four new seals for New York, Nova Scotia, Leeward Islands and Bahama Islands. The Council of Trade and Plantations are to prepare warrants for transmitting them, empowering the Governors to make use of them, and requiring them to return the old ones etc. Signed, Temple Stanyan. Endorsed, Read 26th Feb., 1729/30. 1 ¼ pp. [C.O. 5, 1055. ff. 121, 121v., 122v.]
Jan. 22.
St. James's.
29. Order of King in Council. Approving draught of Commission for George Burrington to be Governor of N. Carolina. Signed, Temple Stanyan. 1 p. [C.O. 5, 21. f. 5.]
Jan. 22.
St. James's
30. Order of King in Council. Approving report of 7th Jan., and appointing Philip Courtland to the Council of New York in place of Mr. Morris etc. Signed, Temple Stanyan. Endorsed, Recd. 30th May, Read 4th June, 1730. l½ pp. [C.O. 5, 1055. ff. 129, 129v., 130v.]
Jan. 23
Whitehall.
31. Mr. Popple to Mr. Burchett. Mr. Belcher, appointed Govr. of N.E., having desir'd to be particularly instructed whether, whenever he goes upon ye water in his own barge, as Govr. he is not to wear the same Jack as by ye 51st Art. of his Instructions he is to oblige ye Commanders of all ships to whom he shall grant Commissions to wear, my Lords Commissioners desire to know whether there is any objection etc. [C.O. 5, 916. p. 262.]
Jan. 26. 32. Mr. Fane to the Council of Trade and Plantations. Has no objection to four Acts of Antigua, 1729 (i) laying a duty on transient traders etc. (ii) enabling freeholders of the parish of St. Paul, Falmouth to choose a vestry, (iii) for the banishment of several negro slaves concerned in the late conspiracy, (iv) for raising a tax for paying the public debts etc. But as to the Act to supply the defects of an Act for constituting a Court of Chancery, it is enacted that in case of suit of lands tenements or hereditaments when the interest or thing sued for shall lye in this island, and in case of personal demands where the person or persons of the defendant or defendants are or shall be in this island as residents, no decree or order touching the right thereof or against such person shall or may be made in any other place but this island (saving appeals to H.M. his heirs and successors) and if any order or decree shall in such case be made contrary hereto, it is declared to be void. The design of which clause seems to be to preclude the Court of Chancery here from proceeding in such cases as come within the description in this clause; and tho' I do not apprehend that any act of the Legislature of this island can in the least restrain the jurisdiction of any of our Courts here; yet I think this an attempt which should be discountenanced by your Lordships, considering it is so inconsistent with the duty and submission this Colony ought upon all occasions to shew her mother country. Signed, Fran. Fane. Endorsed, Recd. Read Jan. 26, 1730/1 2 pp. [C.O. 152, 19. ff 24, 24v, 25v.]
Jan. 26.
Boston,
New
England.
33. Lt, Governor Dummer to the Duke of Newcastle. Encloses duplicate of last letter and adds further remarks upon the state of the registers for ships, concerning which unjust complaint has been made etc. Continues :—There was at their first constitution paid to the Governor nine shillings in silver for each register, being one peice of 8/8 and an half, weighing l ¼ oz. silver, (one third whereof he allowed the Secretary) etc. When the bills of credit were first introduced, the Governor took 9 shillings in said bills etc. But since that, the bills are so sunk (and stil growing worse) that silver is sold at above 21 shillings of said bills pr. ounce, so that the original fee amounts now in bills to about 26s. 6d.; which is 3s. 3d. more than is now taken for the registers; by which it appears that the Governor has abated, instead of raising their price. The unreasonableness of the complaints will further appear, inasmuch as in the Courts of Justice throughout the Province all contracts for silver money are chancer'd accordingly; and the General Assembly themselves have proposed to compound for the said bills at 16s. per ounce, and offer no more than 13s. 4d. in new bills to be made out for 32s. of the present bills, as will appear by the enclosed bill projected by them in their last session, and for which they have appointed a Committee to procure subscriptions. The fee now taken for the Governor and Secretary amounts to no more than 5s. 9d. sterling etc. Signed, Wm. Dummer. Endorsed, Rd. March 20. 2 pp. [C.O. 5, 752. No. 48; and (endorsed, R. April 11th) 5, 898. No. 67.]
Jan. 26.
Boston,
New
England.
34. Lt. Governor Dummer to the Council of Trade and Plantations. Duplicate of preceding. Signed, Wm. Dummer. Endorsed, Recd. 21st March, 1729/30. Read 9th June, 1731. 2 pp. Enclosed,
34. i. Journal of House of Representatives of the Massachusetts Bay, 18th-20th Dec., 1729, with a bill for ascertaining the value of the bills of credit, etc. Endorsed, Recd. 21st March, 1729/30. Printed. 18 pp. [C.O. 5, 872. ff. 112, 112v., 113v.–122v. 123v.]
Jan. 27.
Whitehall.
35. Mr. Popple to Governor Belcher. My Lords Commissioners having your Instructions under consideration etc. desire to know, (i) What number of bills are now circulating in the Massachusetts Bay, and to what value? (ii) What is the fund established for repaying them? (iii) Has that fund ever been broken into? (iv) For what services were they raised? (v) For what use have they since been apply'd to? (vi) How long will it be before the present bills can be discharged, (vii) Is there at present any necessity for a paper currency? (viii) If any, what value? (ix) And what is the reason of such necessity. (x) What fund can be proposed to prevent their being at discount? [C.O. 5, 916. p. 263.]
Jan. 28.
Whitehall.
36. H.M. Warrant appointing George Burrington Governor of North Carolina. Countersigned, Holles Newcastle. Copy. [C.O. 5, 192. ff. 150–164.]
Jan. 28.
Whitehall.
37. Governor Belcher to Mr. Popple. Reply to No. 35. Thinks the amount of paper money in the Massachusetts Bay is about £200,000. The funds established for paying the bills are taxes and mortgages from those who have had them on loan. Bills issued to be drawn in by a public tax have been to defray the charges of Government. But those on loan have been for the conveniency of a medium in trade, there being no gold or silver in the Province. The bills now out may be drawn in in five or six years, and much the greater part in half that time. etc. Thinks nothing would so much keep them from a discount as to emit them on a fund of silver and gold, "I mean for the Government to put into the public Treasury so much of those species, as to exchange to the possessors of the bills a certain value annually at stated prices into silver and gold. This method they are got into at New York where their bills bear but a small discount," etc. Signed, Jona. Belcher. Endorsed, Recd. 29th Jan., Read 6th March, 1729/30. [C.O. 5, 871. ff. 17–18v.]
Jan. 30.
Whitehall.
38. Duke of Newcastle to Mr. Poyntz. Encloses copies of letter and enclosures from Board of Trade relating to French encroachments at Sta. Lucia, St. Vincents and Tobago (v. C.S.P. Dec. 31st, 1729) etc. Continues : The King is persuaded that if His Most Christian Majesty's subjects have proceeded contrary to the agreement formerly made between the two Courts, and have done anything in regard to their behaviour towards the English that is not agreable to the friendship and good correspondence that ought to subsist between two Nations united at this time by alliances and material interest, it has not been encouraged by any orders or countenance from their Court, and H.M. therefore does not doubt but that upon your laying this matter before the French Ministers, they will order the matter to be strictly inquired into, and that if upon examination it shall appear as is represented in those papers, such orders will be sent to the French Governors and other officers in those parts, whom it may concern, as will for the future prevent the like occasions of complaint. And H.M. would accordingly have your Excy. present a Memorial to the Cardinal, in which you will take notice of the agreement mentioned in the inclosed papers to have been made with the late Duke of Orleans during his Regency in 1720, and desire that matters may be kept upon the foot, on which they were then settled, and that the French in those parts may be strongly enjoyned and directed to behave accordingly. Signed, Holles Newcastle. Copy. 2 pp. Enclosed,
38. i. Council of Trade to the Duke of Newcastle, Dec. 31, 1729. Copy. 3 pp.
38. ii, iii. Extracts of letters from Capt. Davers, R.N. to Mr. Burchett. v. Dec. 31, 1729, encl iv, v.
38. iv. A statement of H.M. title to Sta. Lucia, cf. C.S.P. 2nd June, 1709. 4 pp.
38. v. Mr. Pulteney to the Board of Trade, Paris, Jan. 15, 1720. Copy. 2 ¾ pp. [C.O. 253, 1. Nos. 20, 39, 39 i–iv; and (duplicates of covering letter and enclosure i only) 40, 40. i.]
Jan. 30.
Admiralty
Office.
39. Mr. Burchett to Mr. Popple. Reply to 23rd. The Lords of the Admiralty have no cognizance of the power given by H.M. to the Governors of his foreign Islands, or Plantations, to grant commissions; and as to the ships, or vessels commission'd, as privatiers, or with letters of mart, or reprisals, or those hired to serve H.M. as tenders, or otherwise, their Lordships regulate themselves by her late Majesty's Proclamation, 18th Dec, 1702, directing what colours shall be born, as well by ships, or vessels, belonging to merchants, as others which are not of the Royal Navy, in which Proclamation their Lordships do not find any Jack in the form of that directed by H.M. to be born by ships commissioned by the Governor of New England, by the aforesaid 51st article of his Instructions. Signed, J. Burchett. Endorsed, Recd. 30th Jan., Read 3rd Feb., 1729/30. Addressed, 1 ½ pp. [C.O. 5, 871. ff. 11, 11v, 12v.]
Jan. 31.
London,
Mint Office.
40. Mr. Conduitt to Governor Montgomerie. The English Copper Company who have contracted to supply H.M. mint with fine copper etc., have informed me that it mil hardly be possible for them to continue to furnish so good copper as they have hitherto done, unless they can procure a sufficient quantity of New York oar etc. Recommends them to his protection and favour. Concludes :—If in return your Excellency desires any halfpence for the use of your Government they shall be delivered to your order here at the Mint price etc. Signed, John Conduitt. ¾ pp. [C.O. 5, 1093. f 130.]