America and West Indies
April 1731, 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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1938

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80-94

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'America and West Indies: April 1731, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 38: 1731 (1938), pp. 80-94. URL: http://www.british-history.ac.uk/report.aspx?compid=72568 Date accessed: 25 November 2014.


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Contents

April 1731, 1-15

April 1.114. A list of the accounts or information received by the Council of Trade of the manufacture of woollen, linnen, and cotton cloths in New England, New York, New Jersey, Pennsylvania and Rhode Island, and of the Instructions given to the several Governors thereupon, and of such accounts of the progress made in the sd. Provinces in the planting hemp and flax as have come to their knowledge. Laid before the House of Commons. [C.O. 5, 916. pp. 405–407.]
April 1.
Whitehall.
115. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, five Acts of Bermuda, 1730 :—(i) for extirpating all free Indians, mulattoes (such as have been slaves and freed or to be freed) so as they do not remain in these islands above the space of six months etc. (ii) to prevent any person keeping any drudge or other instrument to drag up oysters and muscles and to prevent hawling or dragging up the same etc. ; (iii) for raising a sum of mony for payment of the publick debts ; (iv) for the further and better regulating negroes and other slaves, and for the more effectual and speedy way of prosecuting them in criminal cases; (v) for the security of the subject to prevent the forfeiture of life and estate upon killing a negro or other slave. [C.O. 38, 8. pp. 154, 155.]
April 2.
Jamca.
116. Governor Hunter to the Duke of Newcastle. Refers to letter of March 17. Continues:—The elections are not as yet over, but so far as they are gone I think matters are mended. Capt. Dent who is to leave us in ten days will cary with him the acts pass'd last session, with the minutes and journals of Council and Assembly. Last Supreme Court in Feb. one William Wood was condemn'd to dye for the murder of Lodwick Lardick. The Judges weighing the circumstances of the fact have recommended him as an object of H.M. mercy. I beg that your Grace wou'd be pleas'd to interced that he may be inserted in H.M. next Genll. pardon. Two masters of vessels arriv'd from the South Kays on Cuba report that the Govr. at Havanna had demanded the treasure on board the Adventure, Ld. Muskery, Capt., but the Chevr. de Herrera and Guiral who were by the Genll. of the galleoons charg'd wt. ye care of it remonstrating against that demand, my Lord refus'd to comply with it. But the Adventure proving leaky Ld. Muskery desir'd leave to putt the treasure on shoar to lighten the ship, and it was accordingly lodg'd in the Custom-house, and that the Govr. refus'd to restore it or suffer it to be put again on board notwithstanding the protestations and remonstrances of ye abovenamed gentlemen. Be this true or false I had no share in the advice of sending it that or any other way till H.M. pleasure was known. I perhaps may be able by Captain Dent to give your Grace a more particular acct. of this as well as other matters etc. Signed, Ro. Hunter. Endorsed, R. May 25th. Holograph. 1 2/3 pp. [C.O. 137, 53. ff. 332, 332v, 333v; and (duplicate, endorsed, R. 24th June) 137, 47. f. 93.]
April 2.
Jamca.
117. Same to same. This letter relates wholly to the troops here. "The private men in good condition and health, and I hope may continue so, if we can keep them from rumm." Repeats gist of 17th and 20th March, and request for Colonelcy of this regiment.
Concludes:—A disappointment in this may lessen the authority my rank and station require amongst the souldiery and prove matter of triumph to others here who wish me ill on no other account that I can guesse at but my zeale for H.M. service etc. Signed and endorsed as preceding. Holograph. 1? pp. Enclosed,
117. i, ii. Lists of Commissions in the two regiments granted by Major General Hunter. 1½ pp. and l 1/8 pp. [C.O. 137, 53. ff. 334, 334v, 335v, 336v, 338, 338v.]
April 2.
Jamca.
118. Same to Same. This additional trouble to your Grace serves only to inform you, that one Innis just arriv'd from Providence tells me that he is well assur'd that the account we had of what had happen'd to Ld. Muskery is groundlesse and false, for he saw a person at Providence who was at Havana when Ld. Muskery sail'd from thence, wt. the treasure. Tho' so far it was true, the Governor had actually demanded it. Signed and endorsed as preceding. Holograph, ¾ p. [C.O. 137, 53. ff. 340, 341v.]
April 2.
London.
119. Governor Hunter to Mr. Popple. This goes by Capt. Cockayne. By Capt. Dent who is to sayle a week hence I shall send to their Lordships the acts of last session, the Minutes and Journals of Council and Assembly. The Compys. of ye two Regiments are gone to their respve. barracks or quarters. The private men in pretty good health hitherto, but we have lost many officers etc. The elections are not yet over, so I can make no judgement as yet of ye new choice, but it can not be worse then ye former. I rubb on through fatigue, vexation and expens without any other prospect or view but that of doing my duty. I am very sincerely Sr., Your very humble and much obliged servant. Signed, Ro. Hunter. Endorsed, Recd. 1st June, Read 13th July, 1731. Holograph. 1 p. [C.O. 137, 19. ff. 55, 56v.]
April 2.
Whitehall.
120. Council of Trade and Plantations to Governor Johnson. We have received your letter of the 27th of December last, with the old broad Seal of South Carolina, and take this opportunity of congratulating you upon your safe arrival in your Government, where we hope that by your prudent conduct and behaviour, all those unhappy disputes and divisions which have so much disturbed the publick tranquility of the Province, may soon be settled. We are very glad that ye seven Cherrokee Indian Chiefs are well satisfied with the treatment they receiv'd whilst in England; as it will be the means of continuing a lasting peace with the Indian nations bordering on your Government. Mr. Lowndes, the Provost Marshal of your Province, having again apply'd to us against ye act for the better settling of the Courts of Justice in South Carolina, passed there by Mr. Middleton in 1726, we take this opportunity of mentioning to you our objections, that you may get another act pass'd not lyable thereto. This Act alters the first process in civil actions from a summons to a capias; but as in our Law-process, a summons is always suppos'd to be made in the first instance, we think this part of the law ought to be amended and a summons instituted instead of the capias, and the rather, as it will be the least expensive way of proceeding and ye most speedy to obtain justice By another clause in this law we observe the Provost Marshal is obliged to give security for the due performance of his Office; but as the Provost Marshal seldom resides in Carolina, we think it will be more adviseable to oblige the Deputy to give security, or to mention it in general terms that who ever shall personally execute that office, shall be obliged to give security. As we have no objection to the other parts of this Law, they may be re-enacted again, but you must take care, to insert in the new law a clause to suspend its taking effect till approved by H.M. We hope shortly to receive some account of ye affairs under your managemt. [C.O. 5, 401. pp. 17, 18.]
April 2.
Whitehall.
121. Mr. Popple to Capt. Hyde. Since your indisposition prevents your attending the Board etc., I am to send you the following queries, and to desire the answer of the several Lessees of the Bahama Islands thereto as soon as possible. (i) What quantities of land are disposed of by the Lessees ? To whom and for what term? (ii) What is the reserv'd rent? (iii) What the Lessees value their lease at? (iv) What do the Lessees annually pay to the Proprietors? (v) What arrear is there of that payment? [C.O. 24, 1. p. 195.]
April 3.
London.
122. Capt. Hyde to Mr. Popple. In reply to preceding, encloses following replies by the Gentlemen concerned etc. Signed, John Hyde. Endorsed, Recd. 4th, Read 7th, April, 1731. Addressed. ½ p. Enclosed,
122. i. Replies of the Lessees of the Bahama Islands to the queries of the Board of Trade. (i) Lond., 3rd April, 1731. The present Lessees have never granted any lands nor given any authorities for granting of lands but by letters, and they have never had any information of any lands having been granted pursuant to those letters. (ii) v. Sept. 9th. (iii) They value their interest at 20,000l., having paid to the old Lessees 20,000l. for the fortifications, and other improvements made by them in, and they having since expended in that work and in sending over inhabitants, provisions and stores 20,000l. more and upwards, and it is apprehended there are several million of acres of land yet unsett. (iv) v. Sept. 9th. (v) 700l. is due to the Lords Proprietors for arrears of rent. N.B. The present Lessees have also expended great sums in dislodging of pirates, defending the islands from the Spaniards, of which accounts have formerly been laid before the Lords Commissioners for Trade, and the great importance these islands are of to the Crown appears in several memorials presented to the late Queen and his late Majesty etc. l¼ pp. [C.O. 23, 2. ff. 222, 223, 223v., 225v.]
April 3.
Charles Town
So. Carolina.
123. Governor Rogers to Mr. Popple. My illnesse and other accidents have as yet hindred me from answering the several querys sent me from your bord, wch. I now intended to have done from hence, but Capt. Gascoigne, Commander of one of H.M.'s of War and two others under his command being now on sayleing hence for ye Bahama Islands in order to carry on his survey of them, I shall deferre my answer till after I have seen him etc., and viewed Cat Island, we having appointed to meet there etc. Fears there may be some defects in the laws sent home, "there being at our first coming together to enact laws few Assemblymen if any acquainted with the manner and form of proceedings of Assembly" etc. Continues:— I hope whatever mistake may have happen'd will be easyly amended. I carry with me hence a worthy clergyman and good lawyer, wch. I hope will be at this juncture a great service to the Colony, and I flatter myselfe I shall soon send more agreeable accounts etc. Be pleasd to pardon this hasty scrawle. Signed, Woodes Rogers. Endorsed, Recd. 11th Sept., 1731. 2 pp. [C.O. 23, 3. ff. 75, 75v., 78v.]
April 5.124. Order of House of Commons. That the Commissioners for Trade etc. do lay before this House a copy of the Act passed in Barbados, 21st, 1715, etc., laying a duty on all foreign sugars, molasses, rum, etc., imported into that island, etc., together with his late Majesty's Order in Council, 17th Oct., 1717, confirming the same, and also the 96th Instruction given to Governor Worsley. Signed, E. Stables, Cl. Dom. Com. Endorsed, Recd., Read 6th April, 1731. ¾ p. [C.O. 28, 21. ff. 156, 157v.]
April 5.125. Order of House of Lords. The Commissioners for Trade etc. are to lay before this House (i) an extract of Cadwallader Colden's report so far as it relates to the navigation of the River of Canada, (ii) also an extract of their report to H.M. in 1717, so far as it relates to the trade carried on between New England and the Foreign Sugar Colonies, under the title of Massachusets Bay; (iii) a copy of an act of New England, 1694, for the better rule and government of the Indians etc. (iv) and of an act of Barbados 1715, laying a duty on foreign sugars etc. imported, H.M. order confirming same, as Governor Worsley's 96th Instruction. Signed, Wm. Cowper, Cler. Parliamentor. Endorsed: Recd. 16th, Read 23rd April, 1731. 1½ pp. [C.O. 28, 21. ff. 158, 158v., 159v.]
April 5.
Boston.
126. Governor Belcher to the Council of Trade and Plantations. Has taken all the care he could to prepare answers to queries. Acknowledges letters of 1st Dec. and 12th Feb. last. Refers to his letters of 7th Oct. and 10th Dec. etc. Continues:—I am sorry I have occasion to say to your Lordships this new Assembly have still gone backward, and seem resolv'd to do nothing more [as to the Governor's salary] than they did about forty years agoe when the form of government they are now under was first erected, tho' I have left no stone unturn'd to bring them to a sense of their duty. I can't help covering to your Lordships what has been printed here out of the Decr. Political State. Who was the vile authour I know not; the unreasonable ill nature at me is glaring, but I think there is a strong implication of rudeness and ill manners to his most Excellent Majesty and his Ministers, and it has been printed here to poison H.M. subjects as much as possible and has obtain'd the desir'd effect at present so far as to make this Assembly (to use the authour's compliment upon them), more obstinate in their refusal of complying with H.M. Instruction. I think it's a pity but that the authour of the Political State should be punisht according to his demerits. Notwithstanding this villanous libel your Lordships will see by the Journals I inclose (from the last sent you) my Speech to the Assembly, and I still hope. Nothing shall make me swerve from my royal Master's honour and interest. Your Lordships say you should wait my next letters before you make yr. report to H.M. upon this subject, which letters of mine I find were arriv'd before the ships came away by which your Lordships wrote me. I think it my duty to say to your Lordships that I have at present no expectation of this Assembly's doing anything in complyance with H.M. Instruction. They must rise in a few days and I shall then transmit to your Lordships what more may occur, and conformable to the Royal Charter, I shall issue writs for a new Assembly 26 instant and keep your Lordships duly acquainted with all my proceedings. Upon my arrival I directed the King's Secretary to send your Lordships under the seal of the Province at the end of every session all the laws to which I gave my assent and this he tells me he faithfully observes. In your Lordships' letter of 1 Decr. you seem to fault me that you had seen the printed votes of the Assembly to that time from another hand, I must ask pardon of your Lordships if I made any slip on this head. I am sure it was not from any want of respect, but rather the contrary, least I should trouble you with too many letters onely to cover the House's Journals de die in diem: But I thought if I sent them at the end of every session, they would be more compleat, and more acceptable to yr. Lordships. Yet if you would have me practice otherwise for the future I shall (on your notice) duly observe it etc. Adds to denial of his intending a military expedition against Frederick's Fort the further confirmation that he did not keep or demolish it when Hamilton, who called himself Col. Dunbar's Lieutenant, upon sight of the King's Sheriffe (with his posse) deserted the fort, and ran into the woods like a lusty fellow etc. Begs to be served with a copy of any complaint before proceedings are taken upon it etc. P.S. I should take it as a favour for the future, that your Lordships would commit the care of your letters for me to Francis Wilks Esq., they will always then come to me in great safety. Signed, J. Belcher. Endorsed, Recd. 21st May, Read 9th June, 1731. 4 pp. Enclosed,
126. i. Extract from the Political State of Great Britain for the month of December, 1730. Abstract:—The people of Massachusetts Bay continue in their refusal of complying with H.M. Instructions for appointing a fixed salary upon their Governors. Governor Belcher insists as strongly as ever any Governor did upon their complying, although he was formerly positive against it and was the person sent over by them to oppose any measures for such a settlement etc. Most of the Council it seems think differently for the Assembly. Quotes Governor's Speech to Council and Assembly 2nd Oct., 1730; urging a settlement, quoting the Board of Trade's report on the subject in 1723, and reminding them that their disputes with the Crown have already cost them over 50,000l. From his experience as Agent assures them that nothing prevented a Parliamentary proceeding against them last winter, but the King being willing to give them one more opportunity to show their duty and gratitude by doing what is so just and reasonable. Has the strongest persons to fear that they have "so few friends among the King's Ministers, or in either House of Parliament, as that a proceeding in a way the King says, your final non-compliance must bring it to, will bring into the utmost hazard every thing that is dear to the people of this country" etc. Quotes letters from Mr. Belcher and Mr. Wilks, Oct. 24, 1729 and 1st May, 1730, and Governor Belcher's Speech to the Representatives, 16th Oct., 1730. The author concludes:—I am perswaded that these Gentlemen of the House of Representatives, who are so resolute against the commands of the Crown, have the honour and interest of their native country, and the liberties and properties of those they represent nearly at heart, otherwise they would never make such a stand against Royal Power, which has now so many ways of rewarding its humble servants, and so large a scope for punishing its opposers etc. The Assembly resembles our Parliaments in England, the Governor represents the King and the Council the Lords, and every member of our Parliament would hear with disdain the threats and expressions in Governor Belcher's Speech and Message, "terms more proper for a French Monarch, or a Turkish Bashaw than for an English Governor" etc. As His Majesty "is so gracious, that he ever desired to be independent of his Parliament, I cannot think that he ever desired that any of his Governors should be independent of the people, they are sent to rule over. . . I am perswaded that his Majesty has so great a regard for the liberties of his people, that he will not give the least handle for oppressing them in any part of his Dominions, nor be disobliged by any man who delivers his sentiments bravely and freely" etc. When any King allows himself to be lulled asleep by putting a stop to informations through the liberty of speech and the Press, he is in danger of being himself involved in a ruin, which was at first only designed against his Ministers. Nor is a standing army of any effect in such circumstances. The dispute in New England is of the more weight, because it is one of the best and most powerful Colonies we have in the West Indies. Oppression and arbitrary sway generally take their rise in the most remote parts of a nation. For that reason, he is particularly interested in New England, "because I am afraid it should one time or other serve as a precedent at Home." Enclosed, Recd. 31st May, 1731. Printed. 16 pp.
126. ii. Governor Belcher's answers to the queries sent from the Council of Trade and Plantations, relating to New Hampshire. Portsmouth, N.H., 25th March, 1731. i–iii Describes situation, boundaries and constitution. (iv) The Trade is lumber and fish. The number of shipping belonging to the Province are five consisting of about 500 tons, and there are about 3 or 400 tons of other shipping that trade here annually. Seafaring men, about 40. The trade is much the same as it hath been for ten years past. (v) The Province makes use of all sorts of Brittish manufactures, amounting to about 5000l. sterling pr. annum, which are had principally from Boston. (vi) The trade to other Plantations is to the Caribbee Islands, whither we send lumber and fish, and receive for it rum, sugar, molasses and cotton. The trade to Europe, is to Spain or Portugal in the above mentioned commodities, from whence our vessels bring home salt. (vii) The method appointed to prevent illegal trade is by a Collector appointed at home. (viii) The natural produce is timber, principally oak, pine, hemlock, ash, beech and birch and fish, and they are the only commodities of the place. The timber is generally manufactur'd into beams, plank, knees, boards, clap-boards, shingle and staves, and sometimes into house-frames; the value annually exported to Europe and the West India Islands, is about 1000l. sterling. Mem. Besides what is above mentioned, the coasting sloops from Boston carry from hence thither in fish and timber about 5000l. per annum. (ix) No mines yet discovered except a small quantity of iron ore in two or three places. (x) Inhabitants, about 10,000 whites and 200 blacks. (xi) They are increased about 4000 this ten years last past, 1000 of which (at least) are people from Ireland lately come into and settled in the Province. Another reason of the increase of late more than formerly, is a peace with the Indians the four last years. (xii) The Militia, about 1800, consists of two regiments of foot with a troop of horse in each. (xiii) There is one fort or place of defence called Fort William and Mary, situate on the great island in Newcastle, which commands the entrance of Piscataqua river, but is in poor low circumstances, much out of repair, and greatly wanting stores of war, there not being one barrel of gunpowder at this time there. (xiv) There are no Indians in this Province now in time of peace (xv), nor in the neighbourhood, except in the Eastern parts of the Massachusetts Bay, and their number and strength we are not acquainted with. (xvi) No neighbouring Europeans except French who are extreamly numerous at Canada and Cape Briton etc. (xvii) The effect which the French settlements have on this Province is, that the Indians are frequently instigated and influenced by them to disturb the peace and quiet of this Province, we having been often put to a vast expence both of blood and treasure to defend ourselves against their outrages. (xviii) The revenue is 396l. by excise, which is appropriated towards the Governor's salary, and three or four barrels of gunpowder from the shipping, which is spent at the Fort, there is no other revenue but by tax on polls and estates. (xix) Ordinary expense of the Government is about 1500l. etc. Extraordinary and contingent charges as repairs of the Fort, powder etc. about 500l. more. (xx) The establishments are 600l. salary on the Governor, 8s. per diem on each Councillor, and 6s. per diem on each Representative during the session of General Assembly, and 150l. per annum on the officers and soldiers at the Fort. There is no other establishment, civil or military, but the Assembly make allowances from time to time as they see meet to the Treasurer, Secretary etc. The Judges, Justices, Sheriffs, Clerks and all other officers fees are fix'd by a law to be paid by the parties whom they serve, but they have nothing out of the Treasury. All the officers, civil and military, hold their places by commission from the Governor except the Councillors appointed by the King, the Recorder of deeds chosen by the General Assembly, the Clerks of Courts nominated by the Judges of the said Courts respectively, and select men, assessors, constables, tithing men and other town officers chosen by the towns at their respective town meetings. Signed, J. Belcher. Endorsed as preceding. 5 pp. [C.O. 5, 872. ff. 207–210v., 211v.–222 v. (with abstract).]
April 5.
Whitehall.
127. Duke of Newcastle to the Council of Trade and Plantations. The King having been pleased to appoint the Honble. George Clinton, Esq., Commander of H.M.S. the Salisbury, to be Governor of Newfoundland; I am to desire you will accordingly prepare a draught of a Commission and Instructions for him, for H.M. approbation etc. Signed, Holles Newcastle. Endorsed, Recd., Read 6th April, 1731. 2/3 p. [C.O. 194, 9. ff. 72, 75v.]
April 6.
Whitehall.
128. Mr. Popple to Mr. Burchett. Acquaints him with preceding, and that the Heads of Enquiry sent 30th March, will now be inserted in Capt. Clinton's Instructions etc. [C.O. 195, 7. pp. 257, 258.]
April 6.129. Petition of John Slater to the Council of Trade and Plantations. Petitioner hath several proposals to lay before this honble. Board relating to trade and commerce, highly advantagious and beneficiall to the British Nation and to the createing of an irreparable union between it and the Cherokee Nation etc. Prays to be appointed to the management thereof &c. 2/3 p. Enclosed,
129. i. Proposal of John Slater of Peter Street etc. West Smithfield. It hath run in my mind ever since the Indian Cheifs hath first been here, that those people might be brought to work in a manufactory, which might be highly essential to the wellfare of Great Britton, and to the Cherokee Nation, and would cause such a mutual union between both Nations, that their interest would be inseparable. Proposes that silk- worms and white mulberry trees be sent out etc. for the climate of Carolina is suited to produce raw silk, and the native Cherokees should be instructed in the art of making it etc. Endorsed, Recd. 6th April, Read 23rd Nov., 1731. Addressed. 1 p. [C.O. 323, 9. ff. 81, 82, 82v.]
[April 6].130. Thomas Gould, of London merchant, John Ochs, Jacob Stauber and Ezekiel Harlan to the Council of Trade and Plantations. Outline their proposals for their settlement of Georgia, "behind the great mountains in Virginia" (v. 30th March supra), and its constitution etc. Signed, Thomas Gould, John Ochs, Jacob Stauber, and Ezekiel Harlan. 5¾ pp. [C.O. 5, 1322. ff. 102–104v.]
April 6.131. Sir William Keith to the Council of Trade and Plantations. I have in obedience to your Lordships' commands examined the above etc., and I am humbly of opinion, that H.M. may be advised to pass such a grant etc. (i) Because until some such settlement be actually made by a numerous active people from behind the Great Mountains all along to the River Messussippi, I conceive it will be impossible to prevent foreigners from setling those rich lands in the middle of the Continent which undoubtedly belong to the Crown of Britain and the possession whereof are absolutely necessary to secure and defend from future danger the valuable colonies already setled on the coast and on this side the mountains. (ii) Because such an improvement or inlet to a trade with the numerous native Indians on the Lakes and the branches of the Messussippi will give a new and large vent to the exportation of course woolings and other British manufactures fit for the traffick which is continually decaying at present in all the Colonies on this side the mountains, the game there being wasted and the Indians reduced to a very small number. (iii) Because when this Colony is settled etc., it will infallibly raise the vast tracts of lands on each side as far West as the banks of the Messussippi to a considerable value which without such a settlement can never be of any use to the Crown of Britain, but on the contrary will be a prey to foreigners and a continual annoyance to the Colonies on this side the mountains. (iv) Because the European market etc. seems to be overcharged with the present product of our Colonies on the main such as tobacco, rice, corn etc. which forces the people into trifling manufactures of their own, and discourages or lessens the exportations from Great Britain, whereas by the settlement proposed where the people can have no access to navigation a new scene is open'd for the produce of silk, hemp, flax, potash, wines etc.; besides the vast extent of Indian trade already mention'd. (v) Because there is no prospect of ever making such a settlement by slow degrees with such a handfull of people as can be spared at any one time from Great Britain or Ireland, and therefore it is adviseable by such a grant as this to tempt or induce a large body of foreigners to bring over their effects and subject themselves in this manner to the Dominion of Britain, under which no doubt they will rejoyce to feel the happy effects of a resonable freedom. (vi) Because this settlement and the improvment of the lands being to be carried on at the general expence of the setlers themselves and not out of the estates of the persons to be named in the patent, the success will probably depend on its being evidently the interest of the patentees to invite the setlers on much easier terms than would in all likelihood be obtain'd from persons of overgrown estates and opulent fortunes, for it is a certain truth that where large quantitys of land in America have fallen into the hands of such proprietors they have been rarely sought after and commonly very slow in improvement besides persons of a low degree in life who are known amongst their equals to be morally honest and industrious will sooner perswade a multitude into a voluntary expedition of this nature than those of greater wealth and higher rank who are ever liable to the suspicion and jealousy of the vulgar. (vii) Because let the patentees in such a case be men of what condition or estate you please, the only security which the Crown can depend on is a limitation in the patent that the lands shall actually be setled in a certain time or the grant shall be void and from the nature and scituation of the place proposed if 100 familys once sit down there will be no room to apprehend any loss or ill consequences from such a beginning. (viii) Because if this proposition should be rejected at this time, it is uncertain whether an application of the like nature made by foreigners to the Court of France would not readily be accepted perhaps on terms not very agreeable to the interest of Great Britain. Signed, W. Keith. Endorsed, Recd., Read 6th April, 1731. 4 pp. [C.O. 5, 1322. ff. 105–106v., 107v.]
April 6.
Whitehall.
132. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, 13 acts of New York, 1730, enumerated. [C.O. 5, 1125. pp. 158–161.]
April 6.
Whitehall.
133. Mr. Popple to Mr. Burchet. Informs him that the Heads of Enquiry sent 30th March will now be inserted in Capt. Clinton's Instructions, H.M. having been pleased to constitute him Governor of Newfoundland. [C.O. 195, 7. pp. 257, 258.]
April 7.
Charing
Cross.
134. Mr. Drummond to the Council of Trade and Plantations. Governor Montgomerie wrote to him, 20th July, 1730, that for the good of the town he had agreed to Mr. Rutgers' petition (v. 28th Jan. supra). Signed, An.(?) Drummond. Endorsed, Recd., Read 8th April, 1731. [C.O. 5, 1055. ff. 176, 177v.]
[April 7].135. Deposition by George Montgomerie, of New York, Gent., Thomas Wildman, of New York, tallow-chandler, and Moses Buchanan, surgeon, of St. Martin's-in-the-Fields. Describe the unwholesome condition effects of the swamp in New York "called the Fresh water and adjacent to the King's farm upon the island now called New York Island and which was formerly called by the Indians Manhattan Island," etc. Signed, Geo. Montgomerie, Tho. Wildman. Endorsed, Recd, (from Mr. Sharpe), Read 7th April, 1731. 1 p. [C.O. 5, 1055. ff. 174, 175v.]
April 7.
Boston.
136. Governor Belcher to the Duke of Newcastle. The Assembly of this Province has been sitting ever since I did myself the honour of writing your Grace the 1st of March, since which I have been unweary'd in my endeavours to bring them into a complyance with H.M. Instruction respecting my support, and I am now sorry to say to your Grace by the inclosed Journal of the House of Representatives that they are gone rather backward than forward in this matter. Nor do I at present concieve any hopes of their coming to a juster sense of their duty to the King. In a few dayes I must call another Assembly according to the Royal Charter, and when I meet them I believe I shall soon be able to make a judgement to your Grace what they will be likely to come into. I have, may it please your Grace, a hard time of it to support the King's honour in the character of his Govr. at the expence of my own estate etc. Will issue Proclamations as ordered Sept. 25th, received 3rd April, and observe orders relating to piracies etc. Signed, J. Belcher. Endorsed, R. May 10th. No papers came inclosed. 2 pp. [C.O. 5, 898. Nos. 73; and 83.]
April 8.
St. James's.
137. Order of King in Council. The Committee having reported that the hearing of the petitions of the Planters, Traders and inhabitants of Barbados, the merchants and traders to the Sugar Islands, and the Mayor, Aldermen and traders of Liverpool trading to the Sugar Colonies, complaining of the trade between the foreign Sugar Colonies and Ireland and the Northern Colonies, had been put off till 26th April, upon the petition of the Counsel for the Northern Colonies, so that they might receive answers thereto from the said Colonies; but that the merchants and planters concerned in the said petitions had this day represented that they have now made application to the Parliament for relief, and therefore prayed to be permitted to withdraw said petitions ; leave is granted accordingly. (Cf. A.P.C. III. No. 22). Signed, Temple Stanyan. Endorsed, Recd. 10th, Read 11th Aug., 1731. 3 pp. [C.O. 28, 22. ff. 69–70v.]
April 8.
Whitehall.
138. Mr. Popple to Capt. Hyde. Acknowledges receipt of replies supra, and requests copy of the lease of the Bahama Islands. [C.O. 4, 1. p. 196].
April 8.
St. James's.
139. Order of King in Council. Approving report of Committee and of Council of Trade and ordering that a grant of 62,000 acres in New York be passed under the Great Seal to Sir Joseph Eyles etc. (Set out, A.P.C. III. No. 231.) v. March supra. Signed, Temple Stanyan. Endorsed, Recd. 10th, Read 11th Aug., 1731. 2½ pp. [C.O. 5, 1055. ff. 194– 195v.
April 8.140. Messrs. Gould, Stauber, Ochs and Harlan to the Council of Trade and Plantations. Being well apprised of Sir W. Keith's knowledge in all the affairs of America and of the respect the Germans already setled in those parts as well as the Indians bear to the name and character of that gentleman etc., propose that "he be first named along with us in any such grant" of lands as desired 30th March, 6th April. Signed, Tho. Gould, Jacob Stauber, John Ochs, Ezekiel Harlan. Endorsed, Recd. 9th April, Read 11th May, 1731. 1 p. [C.O. 5, 1322. ff. 108, 109v.]
April 10.141. Order of House of Commons, that the Council of Trade and Plantations lay before the House a copy of the Act of New York, 1709, to prevent selling or giving rum or other strong liquors to the Indians. Signed, E. Stables, Cl. Dom. Com. Endorsed, Recd. 10th, Read 13th April, 1731. ½ p. [C.O. 5, 1055. ff. 182, 182v.]
April 14.
Whitehall.
142. Order of Committee of Council. Referring following to the Council of Trade and Plantations for their report. Signed, Temple Stanyan. Endorsed, Recd. 17th, Read 29th April, 1731. 1?pp. Enclosed.
142. i. Petition of Ralph Noden, Agent to Lt. Governor Pitt, to the King. H.M. having thought fit, for the benefit of his subjects in generall, to prohibit Governors from laying any claim to the produce of whales, whereby the salary granted to Lt. Governor Pitt will be reduced by 100l., prays that a like sum may be granted him in lieu thereof. Signed, Ra. Noden. Copy. 1½ pp. [C.O. 37, 12. ff. 71, 71v., 75v.]
April 14.
Whitehall.
143. Order of Committee of Council for hearing appeals, complaints etc. from the Plantations. The Council of Trade and Plantations are to lay before the Committee the proofs and papers relating to the case of Mr. Brown, Judge of the Vice- Admiralty Court, Pa., as soon as they are transmitted etc. (v. C.S.P. 7th Sept., 1730 and A.P.C. III. No. 117). Signed, Temple Stanyan. Endorsed, Recd. 28th, Read 30th April, 1731. 1¼ pp. [C.O. 5, 1268. ff. 7, 7v., l2v.]
April 14.
Whitehall.
144. Order of Committee of Privy Council. Referring following to the Council of Trade and Plantations, who are to receive the opinion of the Attorney and Solicitor General upon said petition and that of Samuel Waldoe, referred 15th April last, and afterwards to report upon the whole matter to the Committee. Signed, Temple Stanyan. Endorsed, Recd. 23rd, Read 28th April, 1731. 1½ pp. Enclosed,
144. i. Petition of Sir Bibye Lake, grandson and heir of Capt. Thomas Lake, late of Boston, in behalf of himself and of Col. Edwd. Hutchinson of Boston, and John Walcot of Salem, son and heir of Josiah Walcot late of Salem deed., who with Edward Hutchinson were grandsons and heirs of Major Thomas Clark of Boston, to the King. Rehearses claim to lands on Kennebeck River in the Eastern parts of Massachusetts Bay. (Cf. C.S.P, 1716—17 etc. and A.P.C. III. No. 209). Describes their attempts to make settlements there interrupted by Indian wars. Since the last war with the Indians (1722) petitioner with Col. Hutchinson and Mr. Walcott were endeavouring to repair and resettle the premisses and to encourage several families to go there, but were prevented by Col. Dunbar, who pretends some Instructions or Com- mission from H.M. to make a settlement there and to erect the same into a separate Government. Pray that orders may be sent to Col. Dunbar not to molest them etc. Copy. 7½ pp. [C.O. 5, 872. ff. 88–92v., 93v.]
April 14.
Whitehall.
145. Order of Committee of Privy Council. The Council of Trade and Plantations are to reconsider their representation of 26th March, and report whether any inconvenience would arise in case Mr. Ayscough should be immediately restored. Cf. 10th March. (Set out, A.P.C. III. No. 230.) Signed, Temple Stanyan. Endorsed, Recd. 17th, Read 21st April, 1731. 1? pp. Enclosed,
145. i. Copy of representation of Council of Trade, March 26, 1731. 3 pp. [C.O. 137, 19. ff. 12–14, 15v.]