America and West Indies
April 1730, 1-15

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

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1937

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70-85

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'America and West Indies: April 1730, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 37: 1730 (1937), pp. 70-85. URL: http://www.british-history.ac.uk/report.aspx?compid=72512 Date accessed: 31 October 2014.


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Contents

April 1730, 1-15

April 1.
Whitehall.
145. Circular letter from Duke of Newcastle to the Governors and Proprietors of the Plantations. Encloses following Order. Concludes:—It is not to be understood in any manner to countermand or retard the execution of H.M. Order of 22nd Jan. for the immediate restitution of prizes etc. Signed, Holles Newcastle. [C.O. 324, 36. p. 219.]
April 1.
St. James's
146. The King to the Governors and Proprietors of the Plantations. You are to make and transmit lists and inventories of prizes taken from the Spaniards etc. Countersigned, Holles Newcastle. Copy. [C.O. 324, 36. pp. 212–215.]
April 2.
Whitehall.
147. 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. 308, 309.]
April 2.
Portsmo.
148. Lt. Governor Wentworth to the Council of Trade and Plantations. Encloses copy of Nov. 15th, 1729. Has often given an account of the distressed circumstances of those people for want of a line being run between the two Governments etc. Continues :—These people are 8 or 10 miles to the norward of where ye line runs, and theire was never a man setled theire since the Creation, before these north Brittains came and they were theire seven years uninterrupted untill the Massachusetts thought the meadows were fitt for moweing and then they attackt them like furies. Collo. Dunbar has taken some pains to informe himself about those poore people etc., every day threatened to be hawled out of their homes, and we hope since our Province is so very small allreadey, yt. your Lordships will allow the Dominion, as well as the property, to be in the Province of New Hampshire. Signed, J. Wentworth. Endorsed, Recd. 2nd June, 1730, Read 9th June, 1731. 1 p. Enclosed,
148. i. Duplicate of Same to Same, 15th Nov., 1729. 1½ pp. [C.O. 5, 872. ff. 166–167v.]
April 3.
Whitehall.
149. Duke of Newcastle to the Council of Trade and Plantations. Encloses following reply to the complaint made by Mr. Poyntz, by H.M. Order, of the acts of violence by a French man of war at Sta. Cruz etc. v. 12th Feb. Signed, Holles Newcastle. Endorsed, Recd. 4th April, Read 22nd May, 1730. 1 p. Enclosed,
149. i. Memorial in reply to the complaint of the English Ambassadors. 28th March, 1730. The voyage of the King's ship to Sta. Cruz was occasioned by the information which the Marquis de Champigny, Governor of the French Windward Isles, had received that the English were setling on this island in spite of the rights of France, which conquered it from the Spaniards 80 years ago, and has enjoyed possession thereof ever since without disturbance, and without its being contested or claimed by any other Power. It seems extraordinary that, in spite of this possession, the English should have undertaken to settle it and expose the two nations to methods of procedure so contrary to the Treaties and to the friendship existing between them etc. There is a marked dissembling in the report of Walter Chapman, (v. 12th Feb.) who is an interested witness etc. The Captain of the King's ship reports that having reached Sta. Cruz the 2nd Oct. (N.S.) 1729, and being about to land, he perceived three vessels anchored behind a bar. He sent a sloop to reconnoitre, which went aground. The commander having discovered a Jack hoisted and a battery of two guns and 20 men etc., sent in his boat to inform them that the ship was a French man of war, to which they replied that they must withdraw. Shortly afterwards the Captain of the ship, having seen two shots fired from the land, decided that the vessels might be pirates, and accordingly sent two armed boats to join the sloop, which they re-floated. The English vessel nearest them then fired three cannon shots, and set sail to run ashore. The two boats pursued and boarded her. The master and the greater part of the crew escaped ashore. There remained only a few men who were about to fire their guns which they had loaded to the muzzles with grape-shot, but were prevented by the sailing-master of the man of war, who had been sent as interpreter and reached the English sloop first in a little launch, and informed them that the ship was the King's, which did not at all restrain them. The two boats having made themselves master of the three sloops, two of which were unseaworthy etc., he assembled the officers of the ship and the Governor of St. Louis, who was a passenger, etc. and it was decided that the two unseaworthy sloops should be burnt and the third seized, and the King's flag put in the place of the English Jack, with a cross to mark the new taking possession, and the ceremonies usual on such occasions. On the 5th he sent an officer ashore, who brought two Englishmen to him, whom he had found on horseback on a high road. They informed the Captain that there had been a Commandant on the island, who was recalled by Lord Londonderry and found dead. The Captain gave to these two Englishmen a written summons to all Englishmen to withdraw from the island. There were no papers in the sloop he seized, which made him believe she was a pirate. Whilst he was weighing anchor, five negroes flung themselves into the boat. They were taken on board with an Englishman who claimed one of them, and to whom he was at once returned. He said he did not know the others and believed them to be Maroons. The Captain took them to Petit Guavas and declared them to the Admiralty together with the sloop. They have all been condemned there, and the produce (of their sale) held until further orders from the King. If the English who claim to be the owners have good titles, they have only to transmit them, and everything will be examined when the proceedings of the Admiralty Court arrive from Petit Guavas, and justice will be done by the King. He expects that the King of England will, similarly, give definite orders to the English to quit Sta. Cruz, and that he will strictly forbid any settlements to be made on the French islands, nothing being more contrary to the good faith and rights of the Sovereigns than this kind of enterprise or more liable to injure their good union. Copy. French. 4½ pp. [C.O. 152, 17. ff. 132, 133–135, 137v.]
April 3.
Admiralty
Office.
150. Mr. Burchett to Mr. Popple. H.M.S. Oxford, under Lord V. Beauclerk, and Squirrel, Capt. Osborn, designed for Newfoundland, the Winchelsea, Capt. Waterhouse, for Canseaux, being to proceed in a short time, asks for Heads of Enquiry as usual. Signed, J. Burchett. Endorsed, Recd. 4th, Read 8th April, 1730. Addressed. 1 p. [C.O. 194, 8. ff. 238, 239v.].
April 3.
Whitehall.
151. Mr. Popple to Governor Philipps. The bearer hereof Mr. Daniel Hintze being employed by the Government here to transport and settle some Palatines in Nova Scotia according to the Instructions sent you for this purpose, the Lords Commissioners for Trade desire you will shew him and them all possible encouragement that a design of so much advantage to Nova Scotia and consequence to H.M. other Plantations by so effectually securing their northern frontier may not be frustrated. [C.O. 218, 2. p. 199.]
April 4.
Whitehall.
152. Mr. Popple to Mr. Fane. Encloses copy of the Carolina Charter and enquires whether any grants by the Lords Proprietors be valid unless signed by them all and under their common seal. [C.O. 5, 323. f. 16.]
April 7.153. Memorandum by Governor Burrington. Places in N. Carolina in the gift of the Duke of Newcastle; Chief Justice, Secretary, Attorney General, Provost Marshall. When I was Governor for the Proprietors the bill money was under £10,000, att that time English commodities sold for ten times the prime cost in bills. In the last Assembly held in Nov. past an addition was made of £30,000 new bills, which consequently makes them of very little value, the officers employments [? = emoluments] will be very inconsiderable if they are not allow'd to take their fees in Proclamation money, or according to that value, ¾ p. [C.O. 5, 308. No. 6].
April 7.
Whitehall.
154. Report by Council of Trade and Plantations to the House of Lords. In obedience to their Order of 19th March, refer to report by the Board 21st March, 1711, giving an account of all that had been done antecedent to that time in relation to the production of Naval Stores in the Plantations etc. (v. H. of L. MSS.). Continue:—Since that time, several proposals have been made to this Board from the merchants and other persons upon this subject etc. Enclose the Board's reports thereon (v. C.S.P. 6th July, 1715, 15th March, 1716, 28th March, 1718, 8th Sept., 1721, 25th Jan., 1725, 16th Feb. 1726, and 20th March, 1728). Continue:—We shall beg leave to take notice of some few particulars not mentioned in said reports. The first prœmiums upon Naval Stores from the British Plantations were granted by an Act of 3rd and 4th of Queen Anne for nine years etc. (quoted), and as the publick found a considerable advantage to result from the importation of Naval Stores from Our Plantations, the same bounties were further continued for eleven years by an act in the 12th of the said Queen. But as some frauds had been discover'd in the making and packing of pitch and tar, provision was made by an act pass'd in the 5th year of His late Majesty, to prevent the like evil practices for the future; and it was particularly enacted, "that no certificate should be made out, in order to allow the prœmium mentioned in the act of the 3rd and 4th of Q. Anne, for any pitch or tar imported from H.M. Plantations in America, till such pitch be freed from dirt or dross, or for such tar that is not fit to be us'd for making cordage, and that shall not be freed from dross and water; and unless such pitch and tar be clean, good, merchantable and well conditioned." And the officers of the Customs were impowered by the same act to open the heads of the barrels, or use such other means as they should think proper, in order to find out whether the said pitch be merchantable, and the tar well condition'd and fit for making cordage. But as this provision was not thought sufficient to cure the evil, and complaints were still made, of a certain burning quality in the American tar; by an act of the 8th year of His late Majesty (whereby the prœmium upon hemp was continu'd for the term of sixteen years after the expiration of a former act) there was a clause inserted for making of tar in the same manner as tar is now made in Sweden; and it was expressly provided that no prœmium should be allow'd upon any tar made in any other manner; But whether the difference between the climate of Sweden and that of our Plantations in America, may have rendred this method difficult in our Colonies, or whether the want of more perfect instructions for making of tar, may have made all attempts of this kind fruitless, so it has happen'd that no tar hath hitherto been imported, made in this manner; and the planters in general affirm, upon their experience, that it is impracticable. And therefore in the last act, pass'd for giving prœmiums upon Naval Stores, which was in the 2nd year of His present Majesty, this method, tho' not wholly laid aside, is not made the only condition upon which tar imported from ye Plantations, may be entituled to prœmiums, but to encourage the planters still to try what improvements may be made in this way, a larger prœmium is allow'd for tar made after the Swedish manner. We must observe to your Lordships, that by this last mention'd act, many alterations are made from the plans of the former laws upon this subject, from whence we hope a very considerable saving may arise in the expense of the prœmiums on Naval Stores, for the said prœmiums are not only considerably reduc'd, vizt., tar from £4 pr. ton to £2 4s., pitch, from £4 pr. ton to £1, turpentine £3 pr. ton to £1 10s. 0d., but the importers upon re-exportation of any naval stores, are oblig'd to repay what prœmiums they shall have receiv'd; and by this means the benefit of the said prœmiums on Naval Stores will redound to the Navigation of Great Britain only; whereas there is too much reason to believe that foreigners formerly reap'd great advantage from thence. The prœmiums on masts, yards and bowsprits, are still continu'd as they were.
As to the other part of your Lordships' Order, which relates to the establishment of Governors and Governments, we take leave to observe, that the receipts and payments of money, either for the Governors or any of H.M. Officers in the Plantations, not passing through this Office, we cannot give your Lordships so particular a state of their respective establishments as we could wish, but shall annex hereto as good an account of them as we are able, and of the variations that have happen'd therein, from the establishment of this Office. As most of the British Colonies in America were originally settled by private Adventurers at their own expence, except that of Jamaica, and are by degrees grown up to be what they now are, so we have but very imperfect accounts of them, till they came to be considerable enough to be taken under the immediate care and protection of the Crown, and such of them as are still Proprietary or Charter Governments, we are but little inform'd of even at this time, because they keep little correspondence with this Office, tho' it is not to be doubted, but they, as well as the others, have gone thro' many variations with respect to their circumstances and establishments. By the papers annex'd etc. your Lordships will be appriz'd of all that we have been able to collect upon this subject, in so short a space of time, from the many volumes in our Office etc. Describe appointments and establishments of Governors and officials in the respective Colonies, as recorded in Board of Trade Papers 1692–1730. [C.O. 324, 11. pp. 166–235.]
April 7/18
Paris.
155. Extract of letter from Lord Harrington and Mr. Poyntz to the Duke of Newcastle. Yesterday we put into the Garde des Sçeaux hands an extract of your Grace's letter of 26th past, relating to the evacuation of the Islands of Sea. Lucia, St. Vincent and Dominico. He sent it immediately to the Count de Maurepas, and has promised us an answer within a day or two at farthest. Copy. ½ p. [C.O. 253, 1. No. 45.]
April 7.
London.
156. Lord Forbes to the Duke of Newcastle. The 76th article of Instruction usualy given to the Governor of the Leeward Islands, requiring him to get an Act pased for punishing muteny and desertion etc., I had the honor to acquaint your Grace that if a draft for such an act ware first prepaired here, it would prevent any mistake etc. and save time etc. Encloses following based on the Act in use in England etc. Continues:—By the 34th Article the Governor is directed to make his ordinary residence at Antegua. Because that being the windwardmost island, the others may the esier be succored from thence in case of being attacked etc. This reason can only subsist in time of war etc. Begs to be allowed to make his ordinary residence at any of the islands he finds most for H.M. service, the benefit of the islands or his own health may require. Continues:—As I had the honour to mention to your Grace the verry bad way the troops in thos islands ware in for want of quarters and that I hoped the people might be brought to build barracks for them, if it were thought advisable to give me any Instructions to move it. And that I had been, informed that ther was noe copper monys current in those islands but of yc coyne of franc from their neiboring islands, and as I proposed that H.M. might send a suffitient quontyty of copper money for those islands from his owne mint by directing ten or 15 pr. centm. of the subsistence for the Regiment to be sent over in copper etc., I presume just to mention them again etc. Signed, Forbes. Holograph. 4 pp. Enclosed,
156. i. Draft of an Act for punishing mutiny and desertion, proposed for the Leeward Islands. v. preceding. 18½ pp.
156. ii., iii. Alterations proposed in the 32nd and 34th Articles of Instructions v. preceding. 2 pp. [C.O. 152, 43. ff. 81–90, 91, 92, 93–94v.]
April 8. Whitehall.157. Duke of Newcastle to the Council of Trade and Plantations. His Majesty having, in pursuance of the Treaty of Seville, nominated Mr. Keene, Mr. Stert and Mr. Goddard, his Commissarys to treat with those, who are, or shall be named by His Catholick Majesty, concerning such matters as, by the said Treaty, are refer'd to the examination, discussion and decision of Commissarys to be appointed for that purpose by his Majesty and by the King of Spain; I am to acquaint your Lordps. with H.M. pleasure, that you should give notice, in such manner as you shall think proper, to the merchants and others, who have any claims to be laid before the said Commissarys, that they should forthwith bring them to you, and the claimants ought to annex thereto the necessary proofs and vouchers to justify the same, which you will put into the hands of the said Commissarys from time to time as they shall be brought to you. His Majesty is also pleased to direct that you do forthwith draw up a representation of all such impositions and hardships, as have been put upon the trade of His Majty's. subjects in any of the King of Spain's dominions, to be delivered to the said Commissarys, whom you will also inform of the true extent and limits of H.M. possessions bordering upon those of the King of Spain in America; and it is His Majty.'s further pleasure that you give the said Commissarys, who are directed to advise and correspond with you, all the lights and informations you can, for the enabling them to execute the several matters to them refer'd by the said Treaty and the separate articles belonging to it etc. Signed, Holles Newcastle. Endorsed, Recd. 8th, Read 9th April, 1730. 2 pp. Enclosed,
157. i. Treaty of Peace etc. between Great Britain, France and Spain, concluded at Seville, 9th Nov., 1729 (N.S.) Printed. London, 1729. 15 pp. [C.O. 388, 89. ff. 1–2, 3–9v., 10v.]
April 9.
Whitehall.
158. [? Duke of Newcastle] to Governor Hunter. H.M. having been graciously pleased to grant the office of Provost Marshal of Jamaica to Mr. Forbes who has been many years in my service, and for whom I have a particular regard, I must beg that you will be so good as to give him your assistance that he may enjoy the full benefit of that employment, in order to which you will be pleased to countenance Mr. Edmond Hyde, whom he has appointed his Deputy; wch. I shall acknowledge as a particular obligation etc. Signed, Holles Newcastle. Holograph. 1 p. [C.O. 137, 53. f. 113; and draft, 137, 47. No. 15.]
April 9.
Virginia,
Wmsburgh.
159. Lt. Governor Gooch to the Council of Trade and Plantations. By the ship Randolph of London I have sent your Lordships herewith the duplicate of a letter which went in the ship Braxton in January last etc. I have received from the Treasury the warrant for £1000 signed by H.M. for defraying the expenses of running the line. And also a warrant for H.M. royal bounty obtained by your Lordships' representation of his sufferings; for which I most humbly thank your Lordships, for £300. Since I am told by Mr. Perry that the merchants have no objections to the scheme I had the honour to send your Lordships for improving the trade of this country; I shal do my endeavours, expecting great opposition the planters having been so long in a very wrong method, to gett the same pass'd into a law. And as I am clearly convinced that such a regulation ought to be established: yet, as I have had no instructions from your Lordsps. in answer to it, I hope your Lordships will pardon me if I proceed; in the mean time explaining to your Lordships what I really mean thereby, and that no additional duty is laid upon the trade, as some people, I fear, have designedly as well as industriously propogated. My Lords the 2s. per hhd. which it is proposed the ships shall pay to the owners of the tobacco for every hhd. they receive on board will relieve them from the trouble and charge they are now at in fetching from the several plantations their cargoes, which cost them at the least 3s. to 5s. or 6s. pr. hhd. And the fee of 2s./6d. to the Inspectors is no more than what the merchants at present pay to their Receivers, men employed by them to go, to the several planters houses with whom they trade, and view and examine the tobacco they have purchased, by whose carelessness, to give it no worse a name, for I am told they frequently take money on both sides, they are often deceived. So that I propose, for the same money, they shall be better served. In a word my Lords, my design is to prevent the running of tobacco in Great Brittain, which if we can compass H.M. Customs will be very considerably augmented etc. The House of Burgesses are to meet on the 21st of May. Signed, William Gooch. Endorsed, Recd. 3rd June, 1730, Read 12th May, 1731. Holograph. 1½ pp. [C.O. 5, 1322. ff. 146v.–147v., 148v. (with abstract)].
April 9.
Bermuda.
160. Lt. Governor Pitt to [? Mr. Popple]. Encloses following duplicates of petition etc. (transmitted by Barbados Oct. last), and asks for a speedy answer. Signed, John Pitt. Endorsed, Recd, (from Mr. Mitchell) 20th, Read 22nd July, 1730. ¾ p. Enclosed,
160. i., ii. Duplicates of Oct. 16, 1729, and encl. i.
160. iii. Petition of Lt. Governor, Council and Assembly of Bermuda to the King. Oct. 16, 1729. Several of your Majesties subjects here, who are chiefly supported by trading in their vessels among your Majesties Plantations in America, have been taken by the Spaniards and carried into Spanish ports, as the Havana, St. Domingo and others, their vessels and goods been seized and illegally detained (against the Law of Nations, we humbly conceive) the Masters and sailors exposed to extreme hardships, and the owners so great sufferers that the only remedy now left them, is at this distance to cast themselves at your Majesties feet imploring relief etc. Pray that a small ship of war may be stationed there and that the Commander may advise with the Governor and Council, and that the Independent Company may be continued there, "they having upon all occasions exerted themselves when our coasts have been infested with privateers and pirates" etc. Signed by, John Pitt, 12 Councillors and 25 Assemblymen. Same endorsement. 3 pp. [C.O. 37, 12. ff. 55–57, 58v., 59, 60, 61].
April 9.
Bermuda.
161. Lt. Governor Pitt to Mr. Delafay. Refers to letters and petition of 16th Oct., 1729, and encloses duplicates. Continues:—Since which the Independent Company have embarked for Providence in a sloop employed by Capt. Rogers, which arrived in February last altho' H.M. order was dated in May, 1729, etc. Prays him to represent to the Duke of Newcastle the dangers to which the Colony is now exposed etc. Signed, John Pitt. Endorsed, R. 21. Copy sent to Mr. Keene, Aug. 24th, 1730. 1 p. [C.O. 37, 29. No. 12].
April 10.
St. James's.
162. Order of King in Council. Approving draught of a Seal for N. Carolina etc. Printed, N.C. Col. Rec. III. 79. Signed, Ja. Vernon. Endorsed, Recd. 30th May, Read 4th June, 1730. 1¼ pp. [C.O. 5, 293. ff. 15, 15v., 16v.].
April 10.
Whitehall.
163. Council of Trade and Plantations to Governor Worsley. Acknowledge letters etc. of 27th Sept., 6th Nov. and 1st Dec, and acquaint him that they have sent two acts to Mr. Fane etc. (v. 20th Feb.), and will take them into consideration so soon as they know his opinion etc. Have recommended Mr. Maxwell for the Council etc. (3rd March). Continue:—In your letter of 1st Dec. last you acquaint us with the difficulties you labour under with respect to the collecting the mony to be raised by virtue of the Act for supporting the honour and dignity of the Government, and we suppose you have directed your Agent to take proper advice upon this subject. We have considered the copies of the reports of three of the Council at law in Barbados, upon some doubts relating to the Act for reducing intrest etc., and we find they do not absolutely disagree with us in the doubts we raised upon that act altho' Mr. Blenman thinks that the rule is to construe statutes according to ye intent of the law-makers; But as we are more inclined to believe, that the intention of the law-makers can never be brought in competition with the express letter of ye law, we think you had better endeavour to get an explanatory law passed, which will for the future prevent the possibility of any disputes upon this subject. [C.O. 29, 15. pp. 133, 134].
[April 10.
Christchurch.
164. John Clarke to Governor Osborn. I have lately received a letter from some Justices, Bonavista, who desire me to acquaint you that their Commissions and Instructions give them no directions about hearing matters of right and property or recovery of debt, for want of which all such complaints remain undetermined etc. Asks for directions etc. Signed, Jno. Clarke. Endorsed, Recd, (from Capt. Osborn), Read 10th April, 1730. Postmark (X Church). Addressed. 1 p. [C.O. 194, 8. ff. 285, 286, 286v.].
[April 10.]165. Henry Jones and John Henning to Governor Osborn. Bonavista. 8th Dec., 1729. As newly appointed Justices, not learned in the Law, ask for instruction as to their powers etc., as in preceding. Signed, Henry Jones, John Henning. Endorsed as preceding. Addressed. Sealed. 1 p. [C.O. 194, 8. ff. 287, 288v.].
[April 10.]166. Petition of Simon Fabian to the Council of Trade and Plantations. Petitioner's late brother Joseph purchased a plantation in Newfoundland from Capt. Taverner, and left it in trust to petitioner for the use of his children. Taverner endeavoured to dispossess them. Upon a hearing before your Lordships, Jan. 1723, Capt. Taverner declined any further pretention to it, but last summer, by false suggestions to Lord Vere Beauclerk, he surreptitiously obtained a stoppage of the rent from petitioner's tenants. Prays that his case may be explained to Lord Vere, who is going Commodore again this year etc. Endorsed, Recd., Read April 10th, 1730. 1 p. [C.O. 194, 8. ff. 289, 290v.].
April 10.
St. James's.
167. Order of King in Council. Appointing R. Dinwiddie to the Council of Bermuda etc. v. 17th March. Signed, Ja. Vernon. Endorsed, Recd. 30th May, Read 4th June, 1730. 1 p. [C.O. 37, 12. ff. 39, 44v.].
April 11.168. Lords Proprietors of the Bahama Islands to Col. Bladen. Mr. Shelton informs us that you have signifyed to him H.M. pleasure of accepting of a surrender from us etc., and that it was necessary we should fix the lowest price we expected for that surrender etc. We hope it will be thought reasonable to give to each of us 1000 guineas clear of all fees and expences, for less than that summe we are unwilling to accept, which would be no more than 6000 guineas for the purchase of all the islands, but in this surrender we reserve to ourselves the arrears of rent that shall at the time of our surrender be due from the lessees or assignes of our lease, etc. Signed, Berkeley, Beaufort, Craven, J. Colleton, Robt. Abdy as one of the executors and devisees of Sir John Tyrrell deed. Endorsed, Recd., Read 27th May, 1730. 1 p. [C.O. 23, 2. ff. 213, 214b.]
April 15.
Whitehall.
169. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before H.M. Autograph signatures. 1 p. Enclosed,
169. i. Address of the President and Council of S. Carolina to the King. Return thanks for the purchase of the soil of the Colony by the Crown, so long desired, and express loyalty and determination to maintain the Royal prerogative etc. Charles Town. 9th Feb., 1729. Signed, Ar. Middleton, P.; A. Skene, B. Schenckingh, Benja. De la Conseillere, R.A. Izard, Wm. Bull, Fra. Yonge, Char. Hart. 1 p. [C.O. 5, 383. Nos. 43, 43.i.; and (without enclosure) 5, 400. p. 276.]
April 15.
St. James's.
170. H.M. Warrant appointing Wm. Tailer Lt. Govr. of the Massachusets Bay in the room of Wm. Dummer. Countersigned, Holles Newcastle. Copy. [C.O. 324, 36. pp. 211, 212; and 324, 50. pp. 56, 57.]
April 15.
Whitehall.
171. Order of Committee of Council. Referring following to the Council of Trade and Plantations for their report. Printed, A.P.C. III. Signed, W. Cary. No. 208. Endorsed, Recd. 20th, Read 21st April, 1730. 1 ¾ pp. Enclosed,
171. i. Petition of Jonathan Belcher and Jeremiah Dummer, on behalf of H.M. Colony of Connecticutt to the King in Council. The annulling the Act of Connecticut for the settlement of intestates' estates on the appeal of John Winthrop (v. A.P.C. III. No. 112), without substituting some provision in lieu thereof would introduce the greatest confusion and occasion a total alteration in the property of the people there, sett the nearest relations into litigious contests and impoverish the Colony by endless law suits. The order for repeal being made in a private case on an appeal, the Colony had no opportunity of being heard in support of the said act etc. But as soon as they were informed thereof, they appointed petitioners etc. to represent, that the custom of dividing intestates' estates equally among the children, the eldest son having a double share, was originally introduced into the Province as what would most contribute to the settlement of the country, which was then a large tract of uncultivated land possessed by savage Indians with whom they had perpetual warrs, and continued as highly reasonable in itself especially with regard to the circumstances and nature of estates in this Province, great part of which are still uncleared and but a small part of it thoroughly subdued and the inhabitants have hardly any other way of supporting themselves but by tilling and subduing the earth and the whole strength of the people is employed in clearing and tilling the wilds of that Province in which the younger sons are at least equally laborious and in which they engage with the greatest chearfulness as being well assured they should reap a proportionable benefitt whether the estate went according to the law of the province or according to the will of the ancestor, for etc. such as have made wills have universally divided their real estates amongst their children in the proportions abovementioned. The same custom also prevailed in the next province of the Massachusetts, who likewise enacted their custom into a law which the Crown afterwards thought proper to confirm etc. If the whole go to the eldest son, the lands will remain unsubdued and the younger sons must quit Connecticutt etc., the rents of the lands in New England being so very small that few of the inhabitants could subsist their familys with the rents of their lands much less to give portions to their daughters etc. Pray H.M. by an Order in Council to confirm to the inhabitants the estates they now hold under the said distribution of intestates' real estates and enable them to divide them in the same manner for the future, with a saving clause as to John Winthrop etc., the particular circumstances of his case differing from most others in the Colony etc. Signed, Jona. Belcher, Jer. Dummer. 6 ½ pp. [C.O. 5, 1267. ff. 110–114, 115v.]
April 15.
Whitehall.
172. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, four Acts of Pennsylvania, 1727, (i) A supplementary Act to the Act for ascertaining the number of members of Assembly, and to regulate elections. (ii) for establishing ferries at Philadelphia etc. (iii) establishing Courts of judicature, (iv) A supplementary Act to the Act for taking lands in execution for the payment of debts. [C.O. 5, 1294. p. 8.]
April 15.
Whitehall.
173. Mr. Popple to Mr. Oxenford. My Lords Commrs. desire you will send them an account as soon as possibly you can, of the quantity of sugar imported from the Leeward Islands for the last seven years, that you can compleat, distinguishing each year and each island. [C.O. 153, 15. p. 50].
April 15.
London.
174. Memorial of loss and damage (£3487 1s. 9d. sterl.) sustained by John Sadleir, Thomas Thomas, and Samuel Baker of London, merchants, owners of the Prophet Samuel taken with a loading of fish from Newfoundland for Leghorn by a Spanish privateer, 23rd Nov., 1718. Signed, Jno. Sadleir, Tho. Thomas and Sons, Sam. Baker. 3 pp. Enclosed,
174. i.–v. Papers relating to foregoing. English, French and Spanish. Copies. 9 pp. [C.O. 388, 93. Nos. 17, 17 i.–v.]
April 15.
Whitehall.
175. Order of Committee of Privy Council. Referring following to the Council of Trade and Plantations to examine into the facts and report upon. Signed, W. Cary. Endorsed, Recd. 25th April, Read 19th June, 1730. 1½ pp. Enclosed, 175. i. Petition of Samuel Waldoe of Boston merchant to the King in Council, on behalf of Elisha Cooke, Nathaniel Hubbard, Esqrs., Hannah Davis and Rebecca Lloyd widows, Nathaniel Byfield, Esqr., and Sarah his wife, late Sarah Leveret, John Bradford, Spencer Phipps, Jahleel Brenton, John Clarke, Samuel Brown, John Fitch, Adam Winthrop, Samuel Thaxter, Oliver Noyes, Stephen Mynot, Anthony Stoddard and Thomas Westbrook Esqrs., Thomas Smith, John Smith, Nathaniel Appleton, Thomas Fairweather, Henry Franklyn, Gilbert Bant, Benjamin Brousdon, William Clarke, John Oulton, Jonathan Waldo, Cornelius Waldo and John Jeffries merchants, Knight Leverett, Nathaniel Rogers and Mary his wife, Job Lewis, James Bowdoin, John Watson, James Green merchts., Benjamin Allen and Thomas Payne clerks of John King, all of New England in America. Abstract. The Council of Plymouth did grant unto John Beauchamp and Thomas Leverett the lands in New England etc. between Muscongus and Penobscot river etc. (described). Under this grant they made very considerable settlements and improvements, but these were destroyed in the Indian war which broke out in 1675, and rendered settlement impossible till the Treaty of Utrecht. Upon the decease of Leveret, who had survived Beauchamp, said lands became vested in his son, John Leveret, to whom petitioner Mary Rogers is heir at law. Governor Sir William Phipps, not knowing it is presumed of John Leverett's right, treated with Madakowando, Chief Sachem of the Penobscott Indians, who granted him said lands for a valuable consideration 1691, by a deed afterwards confirmed, 10th May 1694, by Madakowando before two members of the Council of Massachusetts Province, and has been since acknowledged by the Chief Sachems of the Indians and their tribes, particularly so lately as 4th Aug., 1726. After the peace of Utrecht and that with the Eastern Indians, John Leveret agreed with several gentlemen of substance to join with him in resettling the said land, and to remove all possible obstruction, agreed with Spencer Phipps, adopted son and heir of Sir W. Phipps, and purchased his interest in said premisses, as witness his deed poll endorsed on the Indian purchase deed, 13th Aug., 1719. John Leveret then entered into deeds of association with petitioners named above (Aug. 14 and 15), in the said land, the whole to be divided into thirty equal parts, to be holden by them as tenants in common, with covenants each obliging the other to procure people to plant and inhabit two towns of 80 families upon St. Georges River and erect two saw mills etc. The rest of petitioners have since purchased several parts of shares from the other petitioners. They immediately began making the settlements, and soon after agreed to have as much land broke up and cultivated as would accommodate two more towns of 80 families each, and the houses for their reception to be made comfortable, "and to bring forwards the said intended settlements, they built two strong large block-houses with a covered way from them to the waterside to secure the men from the incursions and injuries of the Indians who daily resorted there in great numbers, and oftimes threatened those employed in building and clearing the land who used severall stratagems to get them from off those lands." Petitioners also built a double saw mill to facilitate the settlements and bought a sloop, and hired men to transport people and their effects, besides severall other sloops employed by them in the said undertaking, and had for above twelve months a captain and twenty soldiers whom they paid and subsisted in the blockhouses, who were provided with great and small artillery etc. at the sole charge of the Association etc. In June 1721, 200 French Indians surprized took and burnt one of petitioners' sloops and killed one of their men and took six captive, and next day attacked the block-houses with fire-arms for several hours, and used several devices to have burnt them, but were defeated by the courage of the men employed by petitioners, who, in spite of the great losses inflicted on them, still maintained the two blockhouses with warlike stores and provisions for several months afterwards, although the Government of the Massachusetts had proclaimed war with these Indians and the other Eastern tribes. Petitioners "being by this war incapacitated from pursuing the settlements they had so successfully begun, were obliged to desist there-from, but they yet held the two blockhouses and defended the same against the seige by the Indians for twelve days and killed 20 of the enemy, and apprehending the same might be of great service to the Massachusetts Governmt. in carrying on the war, they made a tender of them to the Government during the war and untill petitioners should have occasion to use them for the purpose at first designed, which offer the Government accepted, and to whom they proved of great service in the war, and were the sole means of keeping that part of the country from falling into the hands of the Indians, and have ever since continued under the protection of the Government, and since the war ended a truckhouse is erected in the blockhouses, which are used as magazines for Indian goods" etc. After war, petitioners resolved to go on with their settlements, and for that purpose obtained a letter from Governor Shute to the chief of the Penobscot Indians to facilitate their finishing their settlements. But soon afterwards another war broke out with those Indians which prevented petitioners further proceeding in their intended settlements. But a peace being again concluded some short time before Mr. Burnett's coming to that Government, petitioners obtained a like letter from him as they had done from Governor Shute, and were going on to improve those lands with all possible vigour, and had actually got a Minister and 120 families ready to go and settle one of the intended towns, but to their great surprize disappointment and loss, have met with an interruption herein from David Dunbar Surveyor General of H.M. Woods, who on being waited on by petitioners hath forbid them from going on with the said settlements on any other terms but their taking grants from him in the same manner as if they had not already any title thereto. Upon which petitioners informed him that they would lay before your Majesty the matters aforesaid, and he promised not to intermeddle with the said lands till your Majesty's pleasure should be known. Pray that orders be sent to Col, Dunbar not to intermeddle with said tract of land etc. Signed, S. Waldo. Copy. 17 ½ pp. [C.O. 5, 871. ff 120–129v., 131v.]