America and West Indies
December 1730, 11-20

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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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389-397

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'America and West Indies: December 1730, 11-20', Calendar of State Papers Colonial, America and West Indies, Volume 37: 1730 (1937), pp. 389-397. URL: http://www.british-history.ac.uk/report.aspx?compid=72540 Date accessed: 23 September 2014.


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December 1730, 11-20

Dec. 11.
Whitehall.
599. Council of Trade and Plantations to the King. Recommend for confirmation Act of Jamaica relating to T. King's lands (v. Nov. 10). [C.O. 138, 17. p. 306.]
Dec. 12.
Barbadoes.
600. Governor Worsley to the Duke of Newcastle. Encloses following, just received. Signed, Henry Worsley. Endorsed, R. 18th Feb. 1 p. Enclosed,
600. i. Speech of the Chief Justice, Barbados, to the Grand Jury. Remarks upon the peculiar offices they enjoy in respect to their laws, constitution and government under the royal Commission and Instructions, giving them almost the same privileges and advantages as their fellow–subjects who reside near the fountain of Justice. As this must be owned to be the pure effect of Soveraign goodness, it ought to create the deepest sense of gratitude and loyalty, and testified to by paying a cheerfull obedience to all the royall orders, that are occasionally transmitted etc. Concludes:— This seems the more proper to be mentioned, because a contrary behaviour has been but too common of late etc. Copy. ½ p.
600. ii. Address of the Grand Jury to John Terrill, Chief Justice. Dec. 1730. St. Michael's Town. Return thanks for above Speech with which they entirely agree etc. Signed, Nicholas Wilcox, Samson Wood, Archd. Carmichaell, Frans. Wilse, John Gittens, John Cricklow, Ambrs. Whittaker, Edwd. Mead, Jarrard Lovell, John Hughenos, Ben. Smith, John Archer, Samll. Yearwood, Peter Campion, Fra. Pile. Copy. 1 p.
600. iii. Address of the Grand Jury to the King. Dec, 1730. Express their just sense of H.M. extensive goodness, and the benefits we are constantly receiving from it, under the Royal Commission and Instructions, which are, and have been for some years past, executed with the utmost regard to your Majesty's prerogative, and the true interest of your Colony etc. As the wisdom and justice with which your Majesty determines all matters in dispute here etc., are every way conspicuous etc., we think it a peculiar advantage to live under a Government so constituted as to admitt of such a resort, and the rather because we have observ'd many instances of the ill judgment we are apt to make of things ourselves by unworthy motives which cannot possibly have any place in your Majesty's royal breast etc. Will pay the strictest obedience to all the royal orders that are transmitted thither etc. Signed as preceding and by John Chase, and Fras. Phillips. 1 large p.
600. iv. Address of Same to Governor Worsley. Dec., 1730. Pay dutiful regards to H.E. "under whose administration we have for several years past happily enjoy'd those priviledges and advantages which the Sovereign Power has been graciously pleased to convey to us through your means" etc. Will do everything in their power to render that government agreeable to H.E. "which you are pleased to make so entirely easy to us." Signed as preceding. Copy. 1 large p. [C.O. 28, 45. ff. 153, 154v., 155v., 156, 157v., 158, 159v., 160, 161v., 162.]
Dec. 12.
Barbadoes.
601. Governor Worsley to the Council of Trade and Plantations. Duplicate, mutatis mutandis, of preceding covering letter. Signed, Henry Worsley. Endorsed, Recd. 17th Feb., Read 22nd Sept., 1731. 1 p. Enclosed,
601. i.–iv. Duplicates of preceding encl. i–iv. Same endorsement [C.O. 28, 22. ff. 103, 104v.–108v.]
Dec. 12.
Bermuda.
602. Lt. Governor Pitt to the Council of Trade and Plantations. Encloses following trial, and explains that, Timothy Tines and Cradock Shellito of Bermuda, having been taken by Spanish pirates and carried into Porto Rico, were, by the clemency of the English factor there, employed by Joseph Traheau, a native of France but a subject of Spain, to assist him in a voyage to Havana. They threw him overboard and ran away with his small vessel, goods and negro servant to Turks Islands, "a maroon key near the Bahama Islands, where meeting with a Bermuda vessell, they embark'd for these islands, leaveing behind the Frenchman's vessell" etc. Continues:—Information being made to me of their villany, I caused them to be aprehended etc. Tines was executed, the other, thought least culpable, turn'd King's evidence etc. I have used my utmost endeavours to discover what effects Don Joseph had on board, but can find nothing considerable except the negroe; those fue that have been found shall be sent to the proper owners as soon as I can be advis'd who they are. Encloses several Acts and public proceedings not before transmitted etc., and refers to letter and enclosures of 9th April, supra. Signed, John Pitt. Endorsed, Recd. 30th March, Read 1st April, 1731. 1 p. Enclosed,
602. i. Trial of Timothy Tines, mariner, Bermuda, Sept. 29, 1730, referred to in preceding. Same endorsement. Copy. 8½ pp. [C.O. 37, 12. ff. 63, 64v.–69, 70v.]
Dec. 12.
Bermuda.
603. Lt. Governor Pitt to the Duke of Newcastle. Duplicate of preceding covering letter, mutatis mutandis. Signed, John Pitt. Endorsed, R. 20th April. 1 p. Enclosed,
603. i. Duplicate of preceding encl. [C.O. 39, 27. Nos. 13, 13 i.]
Dec. 12.
Secretary's
Office in Boston.
604. Mr. Willard to Mr. Popple. Encloses Minutes of Council to Aug. last, Journal of Assembly and Acts May—Sept., 1730, and Treasurer's accounts. The printed laws now sent include the Lunenburgh act (v. 6th May) which was casually omitted out of the printed acts for 1728 etc. Signed, J. Willard. Endorsed, Recd. 9th Feb., Read 9th June, 1731. 1 p. Enclosed,
604. i. Accompt of the Treasurer and Receiver General of H.M. Revenue in the Massachusets Bay, 31st May, 1729–1730. Totals, receipts and expenditure, 167,313l. 15s. 7d. Signed, Jer. Allen. Endorsed, Recd. 9th Feb., 1730/1. 19¼ pp. [C.O. 5, 872. ff. 148, 149v., 151–160v.]
Dec. 12.
Admty.
Office.
605. Mr. Burchett to Mr. Popple. Encloses following. (cf. 23rd Nov. and 4th Dec). Signed, J. Burchett. Endorsed, Recd., Read 15th Dec, 1730. l½ pp. Enclosed,
605. i. Mr. Sayer to the Lords Commissioners of the Admiralty. 6th Dec, 1730. Gives opinion on case of J. Foolsome referred to him (v. 12th Nov.), that it is not advisable to prosecute the appeal for the sentence of the Judge of the Vice–Admiralty Court in N.H., in regard the trees were cut within the limits of a township etc. Signed, Ex. Sayer. Copy. 2¾ pp. [C.O. 5, 871. ff. 232–234, 235v.]
Dec. 14.
St. James's.
606. Order of King in Council. Ordering stores of war estimated at 4508l. 19s. 7d. to be sent to South Carolina as soon as may be, "in regard to the great consequence of the said Province, which is a southern frontier to all the other Provinces" etc. The expence thereof to be made an article in the next estimate that shall be prepared by the Board of Ordnance to be laid before Parliament etc. Signed, Ja. Vernon. Endorsed, Recd. 10th, Read 11th Aug., 1731. 1¾ pp. Enclosed,
606. i. Estimate of above stores prepared by the Board of Ordnance. Signed, L. Smelt. 1 p. [C.O. 5, 362. ff. 21–22, 24v.]
Dec. 14.
St. James's.
607. Order of King in Council. Approving the new Seal for N. Carolina, and ordering the Council of Trade to prepare a draught of a warrant empowering the Governor to make use thereof etc. Signed, Ja. Vernon. Endorsed, Recd. Read 31st Dec., 1730. ¾ p. [C.O. 5, 293. ff. 22, 23v.]
Dec. 14.
St. James's.
608. Order of King in Council. Approving draughts of Instructions for Governor Burrington. Printed, N.C. Col. Rec. iii, 118. Signed, Ja. Vernon. Endorsed, Recd. 10th, Read 11th Aug., 1731. ¾ p. [C.O. 5, 293. ff. 26, 27v.]
Dec. 14.
St. James's.
609. Order of King in Council. Approving representation of Council of Trade and Plantations, and ordering that the Governor of Jamaica do forthwith issue a grant of the said 20 acres of land in Lynches Island, appropriating the sole use thereof to the service of H.M. Navy etc., and that he do likewise recommend to the Assembly, to make provision for the building such a fort as is proposed. Signed, Ja. Vernon. Endorsed, Recd. 10th, Read 11th Aug., 1731. 1¾ pp. [C.O. 137, 19. ff. 83, 83v., 84v.]
Dec. 14.
St. James's.
610. Order of King in Council. Approving proposal to erect a fort upon Lynches Island in Jamaica and for a supply of ordnance and stores therefor, and ordering that an estimate be prepared etc. Set out, A.P.C. III. pp. 294, 295. Signed, Ja. Vernon. Endorsed, Recd. 10th, Read 11th Aug., 1731. 1¾ pp. [C.O. 137, 19. ff. 86, 86v., 89v.]
Dec. 14.
St. James's.
611. Order of King in Council. Approving draughts of Instructions for Governor Burrington. Signed, Ja. Vernon. ¾ p. [C.O. 5, 192. f. 166.]
Dec. 14.
St. James's.
612. H.M. Instructions for Governor Burrington. Signed, G. R. [C.O. 5, 192. ff. 167–217.]
613. H.M. Instructions relating to Trade and Navigation to Same. [CO. 5, 192. ff. 219–247.]
Dec. 15.614. Mr. Attorney and Mr. Solicitor General to the Council of Trade and Plantations. Reply to 8th Dec. We are of opinion that no fine levied or recovery suffered here of lands lying in any of the Plantations can bar the intail of such lands, unless the particular acts of Assembly of the Plantation where such lands lie have provided, that fines or recoverys levied or suffered in England of lands there shall have that effect; and in that case, the force of such fines and recoverys depends upon such particular laws or acts of Assembly, and must be regulated by them. Signed, P. Yorke, C. Talbot. Endorsed, Recd. 16th, Read 29th Dec, 1730. 1 p. [C.O. 323, 9. ff. 55, 58v.]
Dec. 15.
Boston.
615. Robert Auchmuty to Jeremiah Dunbar. Urges him to represent to the several Boards the difficulties his brother encounters "and how far his life and liberty is exposed to the rage malice and fury of the people," to whom his duties as Surveyor of the woods and lands "render him exceeding obnoxious" etc. He ought to be the peculiar subject of the Crown's protection, for by the fall of so faithful a subject, "the honour and power of the Crown will ever by the levelling people here be had in ridicule, and H.M. officers who are already too much ye butt of such people will be in great contempt and derision and none more than yr. true friend and servt. who has battled these people ever since 1719 and furnished all ye observations sent home wth. proper remarks witht. any proffitt but ye secret pleasure of being firmly attached to his Master." Refers to actions brought by the Atkinsons; a jury will give scant justice to Col Dunbar etc. The only way to save him from gaol and his family from destruction is for the Government, "taking into consideration the publick expence he necessarily has been at and instantly emitt all or as much as will save him" etc. Continues:—It is no small prejudice to his interest that he dare not in person appear in Court when his cases are on trial, for shd. he shew himself, he will be exposed to hundreds of actions by the pretended proprietors of lands to the eastward, such as trespass, slandering of their titles etc., and which by no possibility can he bail, and the cost in such numbers of actions will devour him. His justifying under the King's orders or instructions will no ways avail him but rather ye more expose him, for they readily have it at their respective tongues' ends such orders and instructions cant take away property and ye like, and yt. they can wage law with ye King as soon as with a private person and upon more advantagious terms. Neither is there that harmony between H.E. and the Col. I could wish and strenuously laboured to cultivate etc., nor has he power to extricate him. The Colonel's denying entrance to the fort, to the Committee which the General Court had erected to view, as within this Government etc. is by his enemies imagined to be high treason. Believes they will have "rashness interest and folly to procure ye Grand Jury to find a bill of indictment against him accordingly and Heaven knows ye consequence. I expect in very few days to have ye happiness of an interview with ye Colo, and shall lay before him for his sanction ye draft of an act necessarily to be presented to ye Parliament for ye more effectual preservation of H.M. woods in North America etc. Signed, Robt. Auchmuty. Endorsed, Recd, (from Jer. Dunbar). Read 5th March, 1730/1. 2½ pp. [C.O. 5, 872. ff. 57–58v.]
Dec. 15.
Boston.
616. Governor Belcher to the Duke of Newcastle. I am oblig'd to open my packett etc. to let your Grace know, that I reciev'd by a courrier from N. Hampshire the 13th currt. an account of the death of Lt. Govr. Wentworth etc. It is my Lord Duke a place hardly worth fifty guineys a year unless upon the death or absence of a Govr. I believe it would be for H.M. interest and service that Henry Sherburn Esq. one of H.M. Council in that Province might succeed to that post. He is a gentleman capable of it, of a good estate, and perfectly attacht to H.M., and his Royal house etc. Signed, J. Belcher. Endorsed, R. 9th Feb. 1¾ pp. [C.O. 5, 898. No. 77.]
Dec. 16.
Boston.
617. Same to the Council of Trade and Plantations. To same effect as preceding. Signed, J. Belcher. Endorsed, Recd. 11th, Read 12th Feb., 1730/1. 1 p. [C.O. 5, 872. ff. 20, 21v.]
Dec. 17.618. Merchants trading to Antigua to the Council of Trade and Plantations. Request immediate consideration of the Chancery Act. For want of passing it, the course of Justice in that island has had very great interruptions etc. Signed, Hum. Morice, Rd. Harris and eight others. Endorsed, Recd. 18th, Read 30th Dec, 1730. 1 p. [C.O. 152,18. ff. 149,150v.]
Dec. 17.
Whitehall.
619. Council of Trade and Plantations to the Committee of the Privy Council. Your Lordships having been pleased to refer to us the petition of the Rt. Honble. the Lord Viscount Percival, the Honble. Edwd. Digby, the Honble. George Carpenter, James Oglethorpe Esqrs. and several others, whose names are thereto subscribed setting forth, that the cities of London and Westminster, and parts adjacent, do abound with great numbers of indigent persons, who are reduced to such necessity as to become burthensome to the publick, and who would be willing to seek a livelyhood in any of H.M. Plantations in America if they were provided with a passage, and means of settling there: and humbly proposing to undertake the trouble and charge of transporting all such poor persons and families, provided that they may obtain a grant of lands, in South Carolina, for that purpose, together with such powers as shall enable them to contract with persons inclinable to settle there, and to receive the charitable contributions and benefactions of all such persons as are willing to encourage so good a design; We have consider'd the several particulars therein contain'd, and having discoursed with the Petitioners thereupon, we have receiv'd certain proposals from them relating to the subject matter of their Petition, whereupon we take leave to represent to Your Lordships: That as the Petitioners' design appears to us to be a very laudable one, in every respect, and may if happily executed produce many good effects to the publick, we think it may deserve due encouragement, and are humbly of opinion, that it may be proper for H.M. to grant them all reasonable powers, for the promoting and carrying on so good a work and therefore we would propose to your Lordships: That H.M. may be graciously pleas'd to incorporate the Petitioners according to the prayer of their Petition as a Charitable Society by the name of the Corporation for Establishing Charitable Colonies in America, with perpetual succession: That they may be impowered to purchase lands of inheritance in Great Britain to the value of 1000l. p. annum and estates for lives or years, and goods and chattels to any value; and to receive and take by grant, gift, purchase or otherwise any lands in America, with power to make reasonable by–Laws, not repugnant to the Laws of Great Britain for the government of their Corporation; together with all other clauses usual and necessary for such a Corporation; and to give an annual account of all monies or effects by them received or expended for the carrying on this charity in the High Court of Chancery. And as a further encouragement to this design, we are of opinion H.M. may be graciously pleased to grant to the Petitioners and to their successors for ever, all yt. tract of land in the Province of South Carolina lying between the rivers Savanah and Alatamaha to be bounded by the most navigable and largest branches of the Savanah and the most southerly branch of the Alatamaha, with the islands in the sea, lying opposite to the said land, reserving to H.M. his heirs and successors a quit rent, at the rate of four shillings Proclamation money for every hundred acres, contained in the said tract, which shall be leased or granted out by the Corporation to their under tenants, or taken up, settled or improved by them, or their agents, the said quit rent not to commence to be paid, till ten years after such leases, settlements takings up or improvements respectively. And that H.M. may always be duly inform'd of what quantities of land are granted, taken up, settled or improved by the sd. Corporation, that a constant register shall be kept by their officers, of all such leases, grants, takings up, settlements and improvements, and authentick transcripts thereof annually transmitted to H.M. Auditor of the Plantations, or his deputy, in South Carolina and also to H.M. Land Surveyor in that Province, reserving to the said Surveyor, in H.M. behalf, a right of inspecting the lands so leased, granted, taken up, improved or settled, to prevent any abuses with respect to the quit rents hereby intended to be reserved upon such lands. And whereas, it is the desire of the Petitioners, that the tract of land by them petitioned for, which is at present intirely uninhabited, except by some few Indian families, may be separated from the Province of South Carolina, and be made a Colony, independent thereof with respect to their Laws, Government, oeconomy, both civil and military, save onlye in the command of their militia which is to remain with H.M. Governor of South Carolina for the time being, we are humbly of opinion that H.M. may be graciously pleased to indulge them in this particular likewise, saving always the Dominion of the Crown and the dependance which every British Colony ought to have upon H.M. And for this purpose we would humbly propose, that the Corporation may have the liberty from time to time, to lay before H.M., lists of all such officers both civil and military, as shall be thought necessary by them for the support, conduct and government of their intended Colony, and which are usually appointed by Commissioners of H.M., or from H.M. Governor's in other Colonies in America; and that when H.M. shall have approved of such officer, by his order in Council, the Corporation may be impowered to give them Commissions under their Common Seal. And as it will be necessary that there should be power of making laws for the Government of this Colony, we would propose that H.M. may impower the Corporation from time to time to prepare laws for yt. purpose, to be laid before the King in Council, and if not disapprov'd by H.M. in 30 days', that they may be sent over and be in full force until the King shall think fit to signify his disallowance of them. And as in process of time it is to be hoped this colony may prove a flourishing Settlement and thereby become sharers in the trade of South Carolina, it will be necessary that the person who superintends this Settlement and altho' he should not act under the title of Governor should according to the Act of the 7th and 8th of King William, not only be approved of by H.M., as has been before proposed, but also take the usual oath to observe the Acts of Trade and Navigation; for which purpose it will be necessary that the usual instructions upon that head, which are given to the Governors in America, should likewise be given to him; and that the Corporation do give constant accounts of all proceedings to this office that we may lay the same before H.M. [C.O. 5, 401. pp. 8–14].