America and West Indies
June 1730, 16-30

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

Year published

1937

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147-155

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'America and West Indies: June 1730, 16-30', Calendar of State Papers Colonial, America and West Indies, Volume 37: 1730 (1937), pp. 147-155. URL: http://www.british-history.ac.uk/report.aspx?compid=72517 Date accessed: 28 July 2014.


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Contents

June 1730, 16-30

June 16.287. A. Hutcheson to [? Mr. Delafaye]. Mr. Cotton, who has the honour to be your countreyman, procur'd for me the assignment of Sir John Tyrrell's propriety of Carolina, wch. gave me an opportunity of being of some use in the agreement between the Crown and ye proprietors, and all the return he desires is to appoint his kinsman Mr. Wright Chiefe Justice of S. Carolina. Mr. Wright has a grant of yt. office from the late proprietors dureing his life, and there is a proviso in the act of parliament, that all grants of offices from ye proprietors under their seale shall be of the same force, they wou'd have bin if the act had not pass'd; and altho' this proviso may not amount to a confirmation, it seems to give an equitable claim to the grantees to H.M. favor etc. Believes the Duke of Newcastle wil not deny him this favor etc. Mr. Wright is a barrister at law upwards of 30 years. Signed, Arch. Hutcheson. 1¾ pp. [C.O. 5, 388. ff. 24, 25.]
June 16.
Boston.
288. Col. Dunbar to Mr. Popple. I herewith send you a decree lately made in our Court of Vice-Admiralty against His Majesty, and the opinion of ye Advocate General upon it and the proceedings at tryal. You see that I am bound to prosecute ye appeal and have been obliged to the Attorney Genll. for joyning with me in the security, so yt. I hope my Lords Commissioners will please to give necessary orders for prosecuteing the appeal at home. I was in hopes of sending you 2 other decrees and appeals from New Hampshire, but I cannot find security there for my prosecuteing them. I offer'd it to the Judge and Register here by the Attorney Genll., but was refused; all the difficultys are put upon me yt are possible, and I must be obliged to carry some person from hence 60 miles to Portsmouth in New Hampshire to enter in ye security, wch. already has been refused upon a power of Attorney sent thither for that purpose. I have the pleasure to acquaint my Lords Commissioners that on the 8th inst. I had a decree against Dr. Cook for 2002 large logs of white pine. I will send you that tryal etc., but my Lords will be surprised that there is onely 100l. 2s. adjudged to H.M. for all those fine logs, wch. is 12d. this country money for each, when they were seized 16 months agoe, they were sawed and destroyed before tryal and my Deputy then consented to have them vallued at ye country price, in hopes of recovering the penalty from ye offender, but now they say the fact was committed soe long since, tho' the cause has been depending by adjournmt., that the King cannot now sue for the penalty. I will next week write to you more at large upon this subject, shall now onely complain of the great abuse committed here in intercepting letters to and fro; about 10 days agoe one Capt. Pittman came in here from London, and with him one Capt. Scutt as passenger, in sorting their letters as usual before comeing to ancher, they both observed a great number of letters and pacqts. for me, there were so many of them that they called them a mort of letters, there went immediatly on board one Green a printer and a servant of Mr. Waldoes who filled his hatt and pockets with letters, whilst ye other brought the bag on shore, and kept it 3 hours before it was brought to ye Office, and out of all the letters I reed, but 4 single private letters. I have consulted ye Advocate and Attorny Genll. upon this abuse, and both tell me there is no remedy, for ye people cannot be compelled to swear against themselves and if I could prove it, there is no penalty, but to sue for damages for letters unknown etc. Nothing less than an Act of Parliament can regulate this affair so as to prevent ye future abuse, wch. would add to the revenue of ye post both here and in England considerably. P.S. Mr. Green says that Waldo's young man, one Salter, was rumougeing the letters when he went on board. Signed, David Dunbar. Endorsed, Recd. 23rd July, Read 22nd Oct., 1730. 3 pp. Enclosed,
288. i. Proceedings in Court of Vice-Admiralty, Boston, 9th May, 1730, in case of Col. Dunbar v. Peter Wyre, on the information of Jeremiah Dunbar that he seized 20 logs all above 24 in diameter, which Wyre said he cut and hauled to his mill on Royal River. This evidence not being deemed sufficient, judgment was given that the logs only should be forfeited and the defendant pay costs. Against this decree by Nathaniel Byfeild, Judge of the Vice Admiralty, Col. Dunbar moved for an appeal which was allowed etc. Endorsed, Recd. 23rd July, 1730. Copy. Signed, John Boydell, Regr. 4 pp.
288. ii. Opinion of Advocate General upon above decree. Boston, 12th June, 1730. The proof of defendant's guilt was legal and sufficient, and the appeal should be prosecuted, not so much to recover the penalties demanded, as to set aside a decree which will otherwise become a precedent etc. Signed, Robt. Auchmuty. Endorsed as preceding. 5 pp. [C.O. 5, 871. ff. 165—173, 174v.]
June 16.
Virginia.
289. Lt. Governor Gooch to the Duke of Newcastle. By the conveyance of the Greyhound man of war, who arrived here on the 28th of May, I have the honour of your Grace's letter of the 22nd Jan., and therewith H.M. commands concerning the mutual restitution of ships and effects taken here from the subjects of Great Britain and Spain, of which I have caused due publication to be made. And tho' there has been no Spanish prizes brought hither during the late war, yet as some of the Virginia vessels have been taken by the Spaniards no doubt the owners will gladly pursue the means prescribed by the Treaty of Seville for obtaining reparation. The General Assembly which mett on the 21st of May, still continue their session, and having already prepared some bills which I recommended to them, are now imployed in the Lower House in framing a law for regulating the tobacco trade upon the plan I had the honour to communicate to your Grace last year in which they have made a considerable progress etc. Encloses copies of his Speech and the Addresses, "by which your Grace will be informed of the chief affairs now under deliberation, and of the good harmony there is between me and them, which I shall not faile to improve for H.M. service." Signed, William Gooch. Endorsed, R. 29th July. Holograph. 1 p. Enclosed,
289. i. Address of Council in Assembly of Virginia to Lt. Governor Gooch. Return thanks for his affectionate Speech, and express satisfaction at his continued care for the good of the Colony; still more eminently displayed by his tender concern to retrieve it's languishing trade etc., by proposing such regulations as unite the interests of the British merchants with theirs, and provide for the service of the Crown by obviating those frauds which have hitherto greatly diminished H.M. revenue of customs on our staple. His choice of a proper season for this important service is no less conspicious when a peace with Spain is happily concluded etc. Assure him of their hearty concurrence in these and the other measures he has recommended to them. It will be their constant care to give H.M. sincere proofs of their untainted loyalty and affection etc. Copy. 1 p.
289. ii. Address of Burgesses of Virginia to Lt. Governor Gooch. To same effect as preceding. The Governor's Speech in reply. Copy. 1 p.
289. iii. Speech of Lt. Governor Gooch to the Council and Assembly of Virginia. Recommends them, upon the occasion of the conclusion of peace with Spain, to consider the regulation of trade and the miserable circumstances their staple is reduced to, and submits a scheme to them, "and since whatever acts you prepare will have no long continuance, if they are disagreeable to the Brittish trade, it is with great satisfaction that I acquaint you, the scheme I now recommend has been already approved at home etc. Our Maryland neighbours appear strongly disposed to fall into the same measure." Recommends a new bill for limiting suits on judgments without the clauses repugnant to the Statute of Great Britain, and an act to punish felonious burning of tobacco houses and robbers of stores, "practices now become very frequent and encouraged by allowing the benefit of clergy to such criminals, especially, since so many transported convicts are come among us, who make light of the punishment the law in that case inflicts." Recommends to the Assembly payment of John Randolph, their Agent. Praises the character and and conduct of the Sovereign etc. Copy. 3½ pp.
289. iv. Address of the Council and Burgesses of Virginia. Duplicate (without signature) of July 24 encl. i. to D. of N. Copy. 1 p. [C.O. 5, 1337. Nos. 48, 48 i.—iv.]
June 19.
Whitehall.
290. Mr. Popple to Mr. Fane. Requests opinion on Act of Pennsylvania for establishing courts as soon as possible, etc. [C.O. 5, 1294. p. 11.]
June 19.
Windsor
Castle.
291. H.M. Warrant appointing William Hayman to the Council of Jamaica, in the room of Anthony Swymmer deed. Countersigned, Holles Newcastle. [C.O. 324, 36. p. 220.]
June 19.
Windsor
Castle.
292. H.M. Warrant granting Ralph Gulston leave to fell trees in New England in pursuance of his contract with the Navy Board to supply eight shiploads of New England masts certain, and ten if required in 1731—35 annually, etc. Annexed, 292. i. Copy of Contract between H.M. Commissioners of the Navy and Ralph Gulston, 24th Sept., 1729, referred to in preceding. [C.O. 324, 36. pp. 221—232.]
June 23.
Windsor
Castle.
293. Duke of Newcastle to the Council of Trade and Plantations. His Majesty being desirous to have an exact state of all his Colonies and Plantations in America with such observations upon it as your Lordps. shall judge to be for H.M. service, has commanded me to acquaint your Lordps., with H.M. pleasure that you should prepare a representation, to be laid before him for that purpose; in which you will particularly take notice of the use that the Bahama Islands and South Carolina may be of, to the trade and security of H.M. subjects in those parts. You will please to let this representation be got ready as soon as possible, that no time may be lost in giving such orders upon it, as H.M. shall think proper. Signed, Holles Newcastle. Endorsed, Recd. 26th, Read 30th June, 1730. 1 p. [C.O. 323, 9. ff 43, 44v.]
June 23.
Windsor
Castle.
294. Duke of Newcastle to the Council of Trade and Plantations. Encloses draught of Instructions for Commissaries appointed in pursuance of Treaty of Seville for their suggestions for additions or alterations. Continues:—You will observe that by these instructions the Commissarys are referred to you for information upon several points etc., and accordingly when they were first appointed, I acquainted you with H.M. pleasure, that you should instruct them upon those heads, and give them all the lights and informations you could for the better enabling them to execute their commission, which if you have not already done, you will be pleased to dispatch them, as soon as conveniently you can, or transmit them to me to be laid before the King, that if H.M. approves of them, they may make part of the Instructions. Signed, Holles Newcastle. Endorsed, Recd. 26th, Read 30th June, 1730. 1½ pp. Enclosed,
294. i. Instructions for Benjamin Keene, Arthur Stert, and John Goddard, Commissarys appointed to treat with those appointed by the King of Spain etc. (i) You are to see that the Commission of the Spanish Commissary and Commissaries is in due form and agreeable to your own. (ii) In pursuance of Art. vi. of the Treaty of Seville by which Commissaries are to decide what concerns ships and effects taken at sea, to the time specified in Art. v., etc., you will receive from our Minister at the Court of Spain, all papers etc. containing complaints made by our subjects of the seizing of their ships and effects at sea by the Spaniards before the time specified, all which have been transmitted to him in order to his obtaining restitution and satisfaction etc. Complaints hereafter received will be transmitted to you etc. You are carefully to examine the grounds and occasions of such seizures on both sides, and demand or give satisfaction for the loss sustained. (iii) Whereas by the said vith Article it is farther stipulated that the said Commissarys shall examine and decide according to the Treatys, the respective pretensions which relate to the abuses that are supposed to have been committed in commerce, as well in the Indies as in Europe, and all other respective pretensions in America, founded on Treatys, whether with respect to the limits or otherwise; We have directed Our Commissioners for Trade and Plantations, to draw up a Representation of all such impositions, and hardships, as have been put upon the trade of our subjects in any of the King of Spain's Dominions, and to deliver the same to you, and upon your arrival in the Court of Spain you are to write to Our Consuls in the several ports of that Kingdom and it's Dominions, to inquire whether Our subjects, residing in, or trading to those ports lye under any difficulties or oppression, contrary to the Treatys, requiring them forthwith to send you an account thereof etc., and settle with the Spanish Commissarys, the manner in which they are to be redrest, according to justice and to the Treatys; As to those hardships and impositions that may have laid upon Our South Sea Company, the Agent of the said Company residing at the Court of Spain will furnish you with an account of them, and you will accordingly state the same to the Spanish Commissarys, and settle with them what redress ought to be given, etc. You shall receive, in like manner, any complaints that the Spanish Commissarys may have to make against Our subjects, and if they shall appear well founded, agree that redress be given etc. (iv) As to any disputes that may be subsisting, or that may arise, concerning the limits of the respective Dominions of Us, and the Catholick King in America, which so far as has yet been represented unto us, may relate to the limits between Our Province of South Carolina and the King of Spain's Province of Florida; to the right and title to the Bahama Islands; to the right which Our subjects claim, and have for many years exercised of cutting logwood in the Bay of Campeachy; and to that which the subjects of the King of Spain in the Province of Guipuscoa pretend to have, of fishing on the Banks of Newfoundland; Our Commissioners for Trade and Plantations will also furnish you, with an account of whatever has come to their knowledge on that head, and will inform you of the true extent of Our possessions in those countrys, bordering upon those of the King of Spain, and you will insist that the limits thereof be settled accordingly; and you will take and [corrected, care to] support Our rights and possessions, and the privileges of Our subjects, to which We and they are intitled, by the Treatys subsisting between Our Crown and that of Spain, (v.) And as to any pretensions that His Catholick Majesty may have by virtue of the Treaty of 1721, for the restitution of the ships taken by the English Fleet in 1718 etc., the papers relating to this matter, which will be delivered to you, will we doubt not enable you to prove etc. that the said Treaty has in this respect been duly executed on the part of Our Crown, and that if some of the ships by that Treaty to be restored, were not carryed home to Spain, it was the fault of the Spanish Officers, who would not receive them when they were tendered to them by those in whose custody they were, (vi.) You will be under no doubt or difficulty, which are to be the rule of your proceedings, these being stipulated by the ivth and 1st separate Articles of the Treaty etc. (vii.) With respect to seizures and detentions, the validity of which may not yet have been sufficiently made out, you are to collect such cases and settle them with the Spanish Commissarys etc. (viii.) You shall constantly correspond with Our Principal Secretary of State and Commissioners for Trade and Plantations as to difficulties that may arise etc. and (ix.) Our Ambassador, to whom We shall give a Commission to be one of the Commissarys, if, as We have been informed, the King of Spain intends to appoint Mor. Patino, one of his Chief Ministers to be one of his Commissarys etc. (x.) You are to sign a report and (xi.) finish your Commission within three years from the signing of the Treaty of Seville, that is to say by 29th Oct/9th Nov. 1732. 20½ pp. [C.O. 388, 89. ff. 81—92, 93v.]
June 24.295. Petty expenses of the Board of Trade, Lady day to Midsummer, 1730. (v. Journal.) 7 pp. [C.O. 388, 79. Nos. 62—65.]
June 24.
Whitehall.
296. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Request payment for Office expenses and Officers' salaries for quarter ending Midsummer. Account annexed. [C.O. 389, 37. pp. 310—312.]
June 24.
Windsor.
297. Governor Johnson to General Ross. In response to a letter from the Earl of Sutherland expresses his belief that Capt. Sutherland is very capable and deserving etc. (v. 8th May). Begs for his support in inducing the Duke of Newcastle to favour his proposal for another independent Company for Carolina etc. Signed, Robt. Johnson. 1¾ pp. [C.O. 5, 383. No. 49.]
June 25.
Whitehall.
298. Council of Trade and Plantations to the Committee of the Privy Council. Enclose following and suggest that similar instructions be sent to the Governors of all Colonies mentioned in the Act for giving further encouragement for the importation of Naval Stores. Annexed,
298. i. H.M. Additional Instruction to the Governor of New England and to Col. Dunbar. H.M. is pleased to grant his share of the forfeitures incurred for the future by persons destroying his woods in America to the Informer who shall sue for the same. To prevent collusive agreements with Informers, no informer shall be entitled to said moiety except when the Surveyor General of the Woods or his Deputy shall certify, that he has actually seized the wood or logs for H.M. use for which the respective informations were made. [C.O. 5, 916. pp. 388–390.]
June 25.299. Claim of Gabriel Lopez, administrator of Joesph Lopez of London merchant, for the value of 1305 cwt. cod fish, and of the ship Farro merchant 1800l. Said ship was loaded in New England in 1719 and consigned to a merchant at Bilbao, and there seized and sold by order of His Catholick Majesty. Application was made at that time by the British Minister, to His Catholick Majesty's Minister, who gave orders that payment should be made to claimant by the Intendant at Burgos, but he always answered that he had no money etc. Endorsed, Original recd, from Mr. Gabriel Lopez, 25th June, 1730. Copy. 1 p. [C.O. 388, 89. ff. 79, 80v.].
June 26.
Windsor.
300. General Ross to [? Mr. Delafaye]. Recommends Capt. Sutherland etc. (v. 8th May). Signed, Ch. Ross. 1 p. [C.O. 5, 383. No. 50.]
June 29.
O.S.
Funchal,
Madeira.
301. Governor Belcher to the Duke of Newcastle. Arrived here in H.M.S. Blanford in 12 days from Plymouth etc. In N. England will do everything in his power for the honour and service of the Crown and the benefit and interest of the Mother Kingdom etc. Concludes:—I am sorry there's not a cask of good wine to be had in the Island at present, but I have ordered the Consul to send your Grace a hogshd. of the choicest Malmsey in the season which most humbly craves your acceptance etc. Signed, J. Belcher. Endorsed, R. 20th Augt. Holograph. 2 pp. [C.O. 5, 898. No. 74.]
June 30./July 11.302. Daniel Hintze to the Council of Trade and Plantations. I have in obedience to your Lordships' orders since my arrival in this country I have applyed to several Protestant families subject to the Landgrave of Darmstadt as well as to the Elector Palatine and laid before them the encouragemts. offered by your Lordships to settle in Nova Scotia etc. The objections made cheifly proceed from the ill-usage they have mett with by Commanders of ships and other who have carryed them to other settlements then where they intended to goe and sold them for servants etc. I have engaged the following, Joseph Granad his wife and six children millwright, James Shibe his wife and one child Carpenter, John Phillip Weller his wife and one child Taylor, John Casper Kock his wife and three sons husbandman who carry with them sufficient substance and are already shipped on board a Newengland sloop etc. Several more families are expected down etc. I shall wait your Lordships' further instructions etc. Signed, Danl. Hintze. Endorsed, Recd. 6th, Read 7th July, 1730. Addressed. Postmark. 2 pp. [C.O. 217, 5. ff. 201, 201v., 202v.]
[June].303. Minutes of Council of the Bahama Islands, 25th Aug., 1729—June 15, 1730. 26 pp. [C.O. 23, 14. ff. 118–130v.]