America and West Indies
December 1730, 6-10

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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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381-389

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'America and West Indies: December 1730, 6-10', Calendar of State Papers Colonial, America and West Indies, Volume 37: 1730 (1937), pp. 381-389. URL: http://www.british-history.ac.uk/report.aspx?compid=72539 Date accessed: 27 August 2014.


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December 1730, 6-10

Dec. 7.
Barbados.
584. Governor Worsley to the Duke of Newcastle. Encloses following, wherein is set out "the true state of this Island in relation to the payment of the half-crown levy." Signed, Henry Worsley. 1 p. Enclosed.
584 i. (a) Address of the Council of Barbados to Governor Worsley. Express entire concurrence with H.E.'s speech (v. 20th Nov. encl. i). "Nothing but the most perverse spirit of opposition can ever be capable of misconstruing it so farr, as to inferr any intention, that is not perfectly consistent with the true interest of this Island. We are fully sensible of the advantage we enjoy in having a share in making laws, and as that power is solely deriv'd from his most sacred Majesty, we shall be particularly careful etc., that nothing derogatory of the Royal authority do pass this Board, altho' coloured with the most plausible pretences, or back'd in the most popular manner etc. Have accordingly constantly rejected or amended bills which had the least tendency to encroach on the prerogative of the Crown. Wish that in the renewed Excise act all proper and accustomed uses had been mentioned. It seems extraordinary, that although the ruinous condition of the fortifications, and guard houses (so often recommended by H.E.) is universally known, yet no provision at all has been made for the repairing them, while the want of it has been for some years past made the trite subject of complaint. Having witnessed the care with which H.E. in Council caused the accounts of the Secretaries to be examined, in accordance with the royal orders, are surprised that objection should be made to the immediate payment thereof etc. Nothing is more reasonable than that services done the publick should be rewarded by the publick etc. Continue:—Contempt of laws is a crime of a very heinous nature, and of the most dangerous consequence; but when to that is added disobedience to the immediate commands of the Supream Lord of this place, and our most gracious Sovereign, grounded too on a law of our own making, we tremble at the thought of it. 'Tis with unspeakable concern therefore, that we find the royal order touching the Act for supporting the Government etc. has not had the due effect etc. We must however in justice to the generality of the inhabitants acknowledge, that till some superficial doubts concerning the validity of the said act were artfully rais'd, and with no less industry dispersed by a few of superior rank, they freely, and honestly comply'd with the dutys thereby required, as they would otherwise unquestionably have done to this day; and 'tis a sad reflection to us, that notwithstanding those doubts are now entirely removed, the like arts, and industry should be still employed to evade, and render it ineffectual etc., whilst the levying the penaltys incurred thereby is very gravely represented as an intolerable grievance etc. But we have the satisfaction to observe, that those penaltys and forfeitures (when they come to be levyed) will justly fall on such only, as are well able to bear them, and not on the poorer sort of people, who are plainly discharged by the express words of the law itself tho' it has been speciously insinuated, as if they were to be the unhappy sufferers on that account. Declare their unanimous intention to exert the utmost of their power towards rendring the future part of his government as advantageous, as the law passed on his first coming manifestly intended it should be etc.
(b) Governor Worsley's Speech in reply to preceding. Copy. Whole, 4 large pp.
584 ii. Duplicate of preceding. [C.O. 28, 45. ff. 147, 149–152v.]
Dec. 7.
Barbados.
585. Governor Worsley to the Council of Trade and Plantations. Refers to letter etc. of 27th Nov. Is now informed by the merchant that built the ship at St. Lucia (v. 20th Nov.), that it is but a small sloop of 15 tons etc. Though he has no register, he employs her about that island as a coasting vessell etc. Signed, Henry Worsley. Endorsed, Recd. 17th Feb., Read 22nd Sept., 1731. 2 pp. Enclosed,
585. i. Duplicate of encl. i preceding. Same endorsement. 4 pp. [C.O. 28, 22. ff. 99, 99v., 100v.–102v.]
Dec. 7.
Old Palace
Yard,
Weetmr.
586. James Oglethorpe to Mr. Popple. Sr, Pursuant to the orders of the Gentlemen Petitioners to His Majesty for establishing of charitable Colonies in America, I send you enclosed their memorial which they have drawn up pursuant to the directions they have received from the Right Honble. the Lords of Trade etc. Signed, James Oglethorpe. Endorsed, Recd. 7th, Read 9th Dec, 1730. Addressed. ½ p. Enclosed,
586. i. Memorial of petitioners for a settlement in S. Carolina to the Council of Trade and Plantations. In answer to several questions of the Board, propose, First, that H.M. incorporate the petitioners by the name of the Corporation for establishing charitable Colonies in America to have perpetual succession, To have hold possess enjoy and purchase 1000l. per ann. inheritance in Great Britain and estates for lives or years goods and chattells of any value for the carrying on of the said purposes and to grant or demise for thirty-one years in possession only without fine at the full rent or with fine at the moiety of the full value, And by that name to plead and be impleaded. To have a common Seal, To meet on first of February or twenty days after to chuse proper officers for the year ensueing and elect such members for the Corporation as they shall think fitt and shall appoint such further meetings as the said Corporation shall think proper and shall make such bylaws and constitutions as shall be thought necessary and repeal and revoke the same at their will and pleasure and at any meeting may appoint fit persons to take subscriptions and collect money contributed for the purposes aforesaid. To have power of contracting with and sending persons into America and to receive and take by grant gift purchase and otherwise any lands in America and cause publick notification of the said Charter. To give an annual account to the Lord Chancellor the two Chief Justices the Chief Baron of the Exchequer, the Master of the Rolls for the time being or any two or them. Secondly, that after the Petitioners are incorporated H.M. be graciously pleased for the incouragement of the said charitable design unto the said Corporation to grant the Rivers Savanna and Alatamaha and all the lands lying betwen the said rivers and from the mouth of the River Savanna all the coast southward and as far as the latitude of 31 degrees and the islands directly opposite to the said coast to hold of the manor of East Greenwich in free and common soccage. And in relation to the regulation of the intended settlements we propose to your Lordships that this Corporation shall have full power and authority to erect Courts of Record or other Courts to be held in the name of his Majesty for the hearing and determining of all and all manner of crimes offences pleas processes plaints actions matters and things arising between persons inhabiting or residing with the said limits whether the said crimes be capital or not with liberty of appeal to King and Council where the matter in dispute shall be above 300l. That the Corporation have a power of making laws statutes and ordinances for the better regulation of and more effectual planting the said settlements so as the same do not contradict the laws of England and be conformable to the laws of Carolina with regard to the trade intercourse and treatys with the Indians, that the new settlements be not subject to the laws of the Assembly of the said Province and that the paper money shall have no currency there. That the Corporation shall appoint the civil officers necessary for the said regulations who shall take oaths to his Majesty before they enter upon their offices. And that the said civil officers shall also train and exercise a Militia and build towns and fortify in proper places against the incursions of the Indians for the defence of themselves and the security of South Carolina and that the Governour of South Carolina shall command the said Militia, the expence of the said Militia whilst under armes to be defrayed by the intended settlements and be in no manner chargeable to South Carolina. That they have the same exemption from dutys as were granted to the Province of Carolina by the Charter of King Charles the Second. The passages underlined are queried in the margin. Copy. 3¾ pp. [C.O. 5,362. ff. 7, 8–10v.]
Dec. 8.
London.
587. Governor Burrington to Mr. Popple. I desire the Lords of Trade etc. will be pleased to give their direction and opinion. Whither I may give new patents to old landholders in North Carolina, paying the same quit-rents they formerly paid for the same lands. Whither I may allow the House of Burgesses to nominate the Receivers of the Country taxes or ought (myself) to appoint them. Signed, Geo. Burrington. Endorsed, Recd. 8th, Read 10th Dec, 1730. 1 p. [C.O. 5, 293. ff. 20, 21v.]
Dec. 8.588. Mr. Fane to the Council of Trade and Plantations. Has no objection to the Act of Jamaica for vesting the equity of redemption of certain lands etc. (v. 10th Nov.), except that there is no clause suspending the execution of it till H.M. pleasure is known. Signed, Fran. Fane. Endorsed, Recd., Read 8th Dec., 1730. 1 p. [C.O. 137, 18. ff. 130, 131v.]
Dec. 8.
Whitehall.
589. Mr. Popple to Mr. Attorney and Mr. Solicitor General.
Requests opinion, in point of law, whether any fine and recovery levy'd here, will cut off the intail of lands lying in the Plantations in America. [C.O. 324, 11. p. 241].
Dec. 8.590. Mr. Paris and Mr. Sharpe to Mr. Popple. Request that the consideration of acts of Pennsylvania and Antigua may be deferred till Thursday sennight etc. Signed, Ferd. John Paris, Jno. Sharpe. Endorsed, Recd., Read 8th Dec, 1730. 1 p. [C.O. 152, 18. ff. 147, 148v.]
Dec. 9.
Custom ho., London.
591. Mr. Carkesse to Mr. Popple. Reply to letter of 1st Dec. I am commanded to desire you will acquaint the Lords Commissioners for Trade and Plantations, that this Board think themselves very much obliged to their Lordships for communicating to them any matters that pass in the Plantations that may any way effect the revenue under their management. But as to matters of trade they are desirous to be excused from giving their opinion unless commanded by H.M. in Councill or the Lords of the Treary., which is all they intended by my said letter (Dec. 1st), and if you will please to send me the said act to be againe laid before the Commissioners they will consider it without loss of time and let their Lordships have their opinion thereon. So far as the same may concern this revenue etc. Signed, Cha. Carkesse. Endorsed, Recd., Read 10th Dec, 1730. Addressed. 1½ pp. [C.O. 5, 1322. ff. 91, 91v., 92v.]
Dec. 10.
Whitehall.
592. Mr. Popple to Mr. Carkesse. Reply to preceding. Encloses act of Virginia for amending the staple of tobacco etc., upon which the Lords Commissioners for Trade "desire to have the opinion of the Honble. Commissioners of H.M. Customs, so far as it may relate to the revenue under their management, which was the intention of their Lordships when they first sent the act." [C.O. 5, 1366. p. 58.]
Dec. 10.
Whitehall.
593. Council of Trade and Plantations to the Duke of Newcastle. Abstract. In reply to 7th March, enclose following to be laid before H.M. Defer report on papers relating to Col. Dunbar's new settlements, as the right to that land now lies before the Attorney and Solicitor General. As to Col. Philipps' letter, also referred 7th March, enclose extracts of their report of 7th June, 1727 and their letter to Col. Philipps last May. Autograph signatures. 2 pp. Enclosed,
593. i. Same to the King. Representation upon Mr. Bradley's complaints (v. 7th March, 1730 etc.) and the Memorial of the Governor and Council of New York thereon. Continue: The late King William of glorious memory did in 1699 order that a salary of 200l. per ann. should be paid out of the civil list to his Attorney General of New York, but this appointment was, in Queen Anne's reign, reduced to 150l., which was paid to the immediate predecessor of the present Attorney General, and Mr. Bradley did likewise receive the same salary till 1724, out of your Majesty's quitrents in that Province; and indeed it hath always been esteemed good policy, that the officers of the Crown in the American Colonies should be maintained and supported in a reasonable degree, that the people may by their means be restrained and kept in due obedience to the King, and in a just and requisite subordination and dependance on their Mother Country. How far the particular office in question may contribute to these desirable ends, will best appear when your Majesty shall be pleased to consider, that it is the immediate duty of your Attorney General to see that the laws of Trade and Navigation be duely put in execution, and that he is obliged to prosecute or defend in all cases and suits where either the dignity, authority or interest of the Crown are in any manner concerned; We therefore find ourselves obliged, as well in duty to your Majesty, as in justice to the said Attorney General, heartily to concur with the Governor and Council of New York, in humbly recommending him to your Majesty's most gracious favour, to the end that effectual provision may be made for the payment of his salary and arrears, either out of the civil list, or by virtue of your Majesty's orders to the Receiver of your Majesty's quit-rents in New York, to discharge the same preferable to any other payment out of the said quit-rents, or by such other way as your Majesty shall think fit. But since it hath been asserted by persons in authority in New York, that the quit-rents in that Province are already charged with full as much or more than they will extend to pay, we think it our duty to observe etc., that we have good reason to beleive, there have formerly been very fraudulent and collusive practices in granting of lands in the said Province, or that some former Governors have been extreemly remiss and negligent, not only in granting exorbitant tracts of land without reserving proper quit-rents, or making any reasonable provision or conditions for the cultivation thereof, but likewise in suffering many persons to possess much larger tracts of land than were in reality granted to them. Some frauds of this nature we have particularly taken notice of in former reports, and we cannot help thinking that your Majesty's quit-rents throughout America, and more particularly in this Province, stand in need of an inspection, and might be very considerably encreased if some proper person were employed to examine into the true state of them, and to take care that justice might be done to the Crown. The Legislature of New York are so well apprized of this truth, that they have more than once attempted by certain acts transmitted home, to surprize the Crown into a confirmation of these extraordinary and illegal possessions, for which they at present pay no manner of quit-rent. Enclosed,
593. ii. Extract from letter of Council of Trade to Governor Philipps, 20th May, 1730.
593. iii. Extract of representation of the Council of Trade to the Lords of the Privy Council, 7th June, 1727. [C.O. 217, 31. Nos. 25, 25 i, ii (without enclosure i); and (without enclosures ii, iii) 5, 1125. pp. 145–155.]
Dec. 10.
Whitehall.
594. Mr. Popple to Lt. Governor Pitt. In answer to the letter from you and the Council of Bermuda, Oct. 16th, 1729, enclosing an account of losses sustained from the Spaniards etc., I am to acquaint you that the particular proofs or vouchers of the said account, the places where or time when the said captures were made not being sent over, it would be of no service to transmit your account to the Commissaries, whom H.M. has been pleased to appoint to treat with those of Spain concerning such losses: You will therefore do well to prepare such an account of the said losses, with the most material proofs and circumstances you can furnish thereto, and transmit the same to this Office under the seal of Bermuda, that my Lords may forward the same to the said Commissaries. My Lords have transmitted your petition for a small ship and the continuance of the Independent Company etc. (v. 4th Aug.). [C.O. 38, 8. pp. 151–153].
Dec. 10.
Whitehall.
595. Mr. Popple to Governor Burrington. Reply to questions of 8th instant, (i) Their Lordships think that you ought to make no grant of land whatsoever, without reserving the quit-rents directed by your 43rd Instruction, (ii) Their Lordps. being inform'd, that H.M. has appointed a Recr. Genl. for North Carolina, they are of opinion that no other Recr. of publick taxes, ought to be allow'd there. [C.O. 5, 323. f. 49v.]
Dec. 10.
Boston.
596. Governor Belcher to the Duke of Newcastle. Upon my return to this Province finding the ship not sail'd by which I design'd what I wrote your Grace from N. Hampshire etc., encloses a Journal of the proceedings of the Massachusetts Bay at their last session with the copy of an Act, past by the House of Representatives and H.M. Council relating to the Royal Instruction for fixing my salary, and altho' your Grace will not find it comes up to the full terms of the Instruction, yet it is going a great way further than they have ever yet done, and I think may be taken as a settlement during the present Governour's administration, and what I believe they never dare recede from. Yet as it is not a full complyance with H.M. Instruction I have not sign'd the Act. But I have a reasonable prospect of their doing the matter still better at the approaching session, and I take the freedom to assure your Grace, that nothing in my power shall be wanting to bring them to a sense of their duty in an obedient complyance with H.M. commands. Altho' I have a hard time of it in being oblig'd to support H.M. honour in the character of his Governour at the expence of my own estate, yet I am resolv'd nothing shall discourage me from doing my duty to H.M., in promoting the interest of Great Britain and the prosperity of his Province under my care, and I shall always have a sacred regard to His royal Instructions for my Government in all the publick affairs of this Province of which I shall from time to time give your Grace a particular account, etc. Signed, J. Belcher. Endorsed, R. Feb. 11. 3 pp. Enclosed,
596. i. The Boston Gazette, Numb. 560, Aug. 24–31, 1730. With account of Governor Belcher's reception at Salem, 24th Aug. Printed, by B. Green junr., for Henry Marshall, Post-Master etc. 2 pp.
596. ii. Copy of an Act in addition to an Act, 1715, for inspecting and suppressing disorders in licenc'd houses. Dec. 3, 1730. True copy, signed, Richard Waldron, Secretary. 2 pp. [C.O. 5, 898. Nos. 76, 76 i, ii.]
Dec. 10.
Boston.
597. Governor Belcher to the Council of Trade and Plantations. Repeats gist of preceding covering letter. "The sum of 2400l. this money" voted by the Assembly for the Governor's salary, "is a calculation after the rate of 1000l. sterling a year to the Session in May next and then to give 3000l. more for the year next coming, and so annually the same" etc. Signed, J. Belcher. Endorsed, Recd. 11th, Read 12th Feb., 1730/1. 3 pp. Enclosed,
597. i. Act of the Massachusetts Bay for the more sure support of H.M. Governour. Oct. 28, 1730. Whereas this Court hath usually been in the practice of granting money at two several sessions of the Court yearly for the support of H.M. Governours here and by resolves only; wch. method hath of late years been unacceptable, etc., be it enacted by H.E., the Council and Representatives etc., that 2400l. be granted to Governour Belcher etc. for the present, as an ample and honourable support etc., and for his further support in the future etc. be it further enacted etc. that at the beginning of the session of the General Court in May next there shall again an act pass for an ample and honourable support of H.E. etc., and so annually at the beginning of every May session during his continuance in the administration etc. Endorsed as preceding. Copy. 1¼ pp. [C.O. 5, 872. ff. 16–18v., 19v.; and (duplicate of covering letter only, endorsed, Recd. 17th March, Read 9th June, 1731). ff. 168–169v.]
Dec. 10.598. Memorial of loss and damage [880l.] sustained by Solomon Middleton, master, and Charles Hill, Andrew Allen and Capt. Robert Palmer, of Charles Town, owners, of the Betty and her cargo taken by a Spanish privateer off Charles Town 25th Aug., 1727. Deposition, signed, Samuel Wragg of London, merchant. Endorsed, Recd, (from Mr. Wragg) 22nd Dec, 1730. Copy. 1½ pp. Enclosed,
598. i. Deposition and protest relating to above. Signed, Solomon Middleton. Charles Town, 4th Sept., 1727. Copy. 4 pp. [C.O. 388, 92. Nos. 16, 16 i.]