America and West Indies
December 1731, 1-10

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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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358-369

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'America and West Indies: December 1731, 1-10', Calendar of State Papers Colonial, America and West Indies, Volume 38: 1731 (1938), pp. 358-369. URL: http://www.british-history.ac.uk/report.aspx?compid=72594 Date accessed: 23 September 2014.


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December 1731, 1-10

Dec. 1.
Whitehall.
522. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, 3 Acts of Bermuda, 1731;—(i) to prevent Attorneys defending titles of lands and tenements without giving security to make good costs and damages ; (ii) for the attaching the goods or effects of any persons inhabitants or others not residing upon these islands ; (iii) to supply the deficiency of several funds etc., and defraying the charges of the Government. [C.O. 38, 8. pp. 159.]
Dec. 1.
Whitehall.
523. Mr. Popple to John Sharpe. My Lords Commrs. desire to speak with you tomorrow morning, relating to a petition from Mr. Blake, of St. Christophers, against an act passed there in 1712 for settling the estates and titles of the inhabitants etc.
N.B. A like letter was writt to Mr. Matthew. [C.O. 153, 15. p. 114.]
Dec. 2.
Whitehall.
524. Same to Mr. Fane. Encloses act of St. Christophers, 1719, for the general quiet of the inhabitants in their estates and possessions, and for avoiding vexatious suits at law. Reminds him of reference of act for settling estates etc. (v. preceding and 10th Nov., 1730). Continues: Upon these acts my Lords desire, you will hear the parties concern'd, and let my Lords have your opinion in point of law, whether the first mentioned act is now in force, and whether, if it is in force, it is proper to be confirmed ? Whether the last mentioned act does not effectually answer the purpose of the first, and whether it is free from the objections to which the first was lyable etc. Encloses Sir E. Northey's objections to it. [C.O. 153, 15. pp. 114, 115.]
Dec. 1.
Whitehall.
525. Same to Samuel Forster. My Lords Commissioners observing that when you attended the Board, 25th Aug. last, you did acquaint the Board that the perquisites of the Governor of Barbados, who presides in the Court of Chancery, and is Ordinary, Vice Adml. etc., were computed at about £2000 pr. Annum" etc., desire you will inform them as soon as may be, and in the most exact manner you can, how that summ is computed. [C.O. 29, 15. pp. 242, 243.]
Dec. 3.
Londo.
526. Petition of Capt. George Phenney to the Council of Trade and Plantations. Appointed Surveyor General of the Customs for the Southern District of America, prays to be made a member of the several Councils of that district, like his predecessors, and, in regard he intends his residence in Virginia etc., hopes the Board will direct that there be no further appointmt. of any Councellor in Virginia untill the number be under twelve etc. Endorsed, Recd. 3rd, Read 8th Dec, 1731. 1 p. [C.O. 5, 1322. ff. 192, 193v.]
Dec. 3.527. R. Mountague to the Council of Trade and Plantations. The Bahama Islands are much exposed to the Spaniards and are in a manner the key to the trade of those parts. The reasons given for the removal of the Company from Bermuda thither, will equally hold good for their continuance there etc. Signed, R. Mountague. Endorsed, Recd. Read 3rd Dec, 1731. 3 pp. [C.O. 23, 2. ff. 257v.–258v.]
Dec. 4.
Boston.
528. Governor Belcher to the Council of Trade and Plantations. Altho' I receive the honour of very few from your Lordships, yet in obedience to H.M. commands, I am constantly doing my duty, in laying before H.M. Secretary of State, and before your Lordships what relates to the Provinces under my Government etc. Continues as in letter to Duke of Newcastle, 9th Dec. q.v. Has communicated to the Representatives H.M. Additional Instruction to him respecting his support. Has no expectation of their granting it in any other manner than as they have now done. Continues :—With great deference and submission to your Lordships, since they seem to be come to a full point and stand in the matter, is it exactly agreeable to the great honour and dignity of the Crown to be urging upon an Assembly what they have so often, and so publickly deny'd etc.? I am much concern'd that I have no answer from your Lordships respecting the affair of the Treasury of this Province, the want whereof I am afraid will tend to great confusion in this Government; all the ships expected from England this season being arriv'd, I can't hope to hear anything from your Lordships on this head till March next, and your Lordships must be sensible how difficult it will be for this Government to subsist to that time without one shilling in the Treasury etc. Replies to enquiries of 10th June last:—As to the Massachusetts Province I find no laws in force for the encouraging manufactures of the country, excepting two, one encouraging the raising of hemp (made the 12. G.I.) which gives a bounty of 29/for every 112 lb. brought to the market, and 7 pr. cent, more in case the quantity of 224 lb. be raised by one person at one time. The other (made the 1 and 2 of G. II.) to encourage the raising of flax, and gives a bounty of 18/8d. for every 112 lb. brought to the market, and 4/8d. pr. cent more in case the quantity of 224 lb. be raised by one person at a time; Besides the abovementioned act there is also a resolve for allowing a bounty of 20 /to all persons (and 10/more to John Powel the first undertaker) for every peice of duck or canvas by them made under such qualifications as in the said resolve is particularly expresst (which were past the 12 of G. I. and 1 of G. II). There are some other manufactures carry'd on here, as the making of brown holland, for woman's ware, and makes the importation of callicoes and some other India goods so much the less. Some small quantitys of cloth made of linnen and cotton for ordinary shirting and sheeting. About three years ago, a paper mill was set up which makes about £200 str. a year of that commodity ; There are several forges for making of barriron, and some furnaces for cast iron (or hollow-ware), and one slitting mill, the undertaker whereof carrys on the manufacture of nails ; As to the woolen manufacture, there is no law here to encourage it, and the country people who us'd formerly to make most of their cloathing out of their own wool, don't now make a third part of what they wear, but are mostly cloath'd with British manufactures. As to the Province of New Hampshire, the only laws that I find affecting the trade, navigation, or manufactures of Great Britain are, an act (pass'd many years ago) imposing a duty (for the supply of H.M. Fort William and Mary etc. with powder) on all shipping not own'd within the home, which duty is one pound of good gunpowder (or two shillings) a tun. Another act, for encouraging iron-works, which prohibits the exportation of iron ore etc., was also pas't many years since, in favour of some works set up by the late Leiut. Govr. Wentworth, Mr. George Jeffries (one of H.M. Council) and others. But I think those works are at present under discouragement for want of a sufficiency of ore and proper workmen. The woolen manufacture is much less than formerly, the common lands on which the sheep us'd to feed being now divided into particular properties, the number of them is much reduc'd, and the people almost wholly cloath'd with woolen from Great Britain. The manufacturing of flax into linnen (some coarser some finer) daily increases by the great resort of people from Ireland into this Province, who are well skill'd in that business. The chief trade of the Province continues (as for many years past) in the exportation of masts, yards, bowsprits, boards, staves and rafters for England, But principally to Spain and Portugall, and some to the Charibbee Islands, with lumber, and refuse fish, and the better sort of fish [to?] Spain, Portugal, Italy etc., some sloops and other small vessels go in the winter (with English and West India goods) to Virginia, Maryland and Carolina, and return with corn and flesh. This is the best information I can give in these articles at present, and your Lordships will be the best judges how far these things do or may affect the trade, navigation or manufactures of Great Britain, and as I learn anything new worth your Lordships notice, I shall faithfully transmit it; and in the meantime wou'd observe to your Lordships that none of the laws mentioned have been made in either Province, since my arrival to the Governments, and I shall take care not to give my assent to any law that may interfere with H.M. royal instructions etc. P.S. I now cover to your Lordships what passed in the last session of the Assembly at N. Hampshire. Signed, J. Belcher. Endorsed, Recd. 21st Jan., Read 1st Feb., 1731/2. 7 pp. Enclosed,
528. i.–iii. Journal of the House of Representatives, Boston, 3rd Nov.—4th Dec. 1731. Endorsed, as preceding. Printed, by Thomas Fleet. 15 pp. [C.O. 5, 874. ff. 22–25v., 26v., 28–31v., 32v.–36v. (with abstract).]
Dec. 4.529. Governor Hunter to the Duke of Newcastle. Two days ago I reced. the honor of your Grace's duplicate of the 16th of Sept. last by a Bristol ship (the originals being not yet arriv'd) and shall as I have ever done punctually obey all H.M. commands. I enclose your Grace an Address from the Council and likewise one from the Assembly which they most humbly desire may be lay'd before H.M., and also the title of two acts pass'd this last session, the acts themselves I shall transmitt to the Lords of Trade so soon as they can be got ready. I hope I shall soon be able to write to your Grace more fully when a little recover'd from my present indisposition, there being some other vessels to sail for England in a short time etc. P.S. The Grand Party march'd out from Port Antonio the 26th ulto., but as yet I have had no other particular advices from them. Signed, Ro. Hunter. Endorsed, R. Feb. 10. l½ pp. Enclosed,
529. i. Titles of Acts passed last Session, (i) for the further quieting possessions and regulating resurveys, (ii) for the better preserving of the records in the several publick offices of this island supplying and remedying defects in the several former laws for preventing fraudulent deeds and conveyances, and recording old wills in a prefixed time. ½ p. [C.O. 137, 53. ff 404, 404v., 405v., 406.]
Dec. 6.
Whitehall.
530. Mr. Popple to Lt. Gen. Mathew. (In pursuance of 10th June and 12th Aug.,) enquires whether Michael Smith is President of the Council of Nevis, and if so, whether John Richardson, who is placed before him in the King's Instructions to the Capt. Gen. as a Councillor at Nevis, is dead etc. [C.O. 153, 15. pp. 115, 116.]
Dec. 6.
Boston.
531. W. Shirley to the Duke of Newcastle. The gratitude due to yr. Grace for the protection wch. yr. Grace's letter has afforded me in this distant part of the world, as well as the justice due from me to H.E. Governor Belcher in acknowledging the civilities, wch. I have reciev'd from him on acct. of yr. Grace's recommendation, will, I hope, sufficiently excuse me to yr. Grace for troubling you wth. a letter from these parts, where I am lately arriv'd with my family, and shall make it the chief buisness of my life to indeavour to merit that notice, wth. which yr. Grace has been pleas'd to honour me. I have had yet but a short aquaintance wth. my countrymen in America; But it is no small recommendation of their good sense to me, yt. they think it part of their happiness, yt. they are within yr. Grace's province, and I have often with much pleasure, since my arrival among 'em, heard 'em mention that distinguishing part of your Grace's character yt. the honours and wealth, wch. the generality of first Ministers seek to obtain by means of their publick stations, yr. Grace brought along wth. you into the service of yr. country etc. P.S. At H.E.'s desire Mr. Belcher his youngest son has the honr. to deliver this into yr. Grace's hands. Signed, W. Shirley. Holograph. 2 pp. [C.O. 5, 898. No. 99.]
Dec. 7.
Jamaica.
532. Governor Hunter to the Duke of Newcastle. Having a small release from my indisposition I think it necessary with the duplicates of what I sent by the Catherine, to acquaint your Grace that I had no other share in the resolution of sending the two regiments to this island then the representing according to my duty the impotence under which it suffers of defending its self even against their own slaves in rebellion, not to mention invasion from abroad, the apprehension of which I hope is now over, and I wish what I then affirm'd may not be soon verified by some unhappy instance. I knew nothing of that message of the Assembly 'till I saw it in the Minutes of the day and the Council assur'd me that looking upon 't as nothing but an artifice to obstruct publick affairs at that time, and carry'd by surprise, they thought it best to take no notice of it, for messages and replys of that kind seldom serve to any other purpose. I have discours'd with the Commanding Officers about the best methods to put H.M. gracious intentions in execution so soon as the orders shall arrive, and they'll acquaint the Commanding Officers in the several quarters all over the Island with the same as soon as they can. The Grand Party etc. (from Port Antonio order'd out against the rebels) was on the 29th of last month at a place call'd the Brest Work near half way to their chief settlement. The other partys on this side the island, viz. from Clarendon and St. Elizabeth's are also order'd out on the same service on this side in conformity to the act of Assembly and by the advice of the Council. It will be impossible to meet the Assembly till the Christmass holydays are over, for these being play days of their slaves, they can not leave their Plantations without danger. I assure your Grace, and I believe the Officers themselves will do the same, that I have left no thing undone that was in my power to do, to make them easie, I have sacrific'd my own health and ease to procure theirs, and shall never grudge that or any other pain where I think I may be of use to H.M. service. I am with the deepest sense of gratitude and honor, My Lord, Your Grace's most humble and most faithfull servt. Signed, Ro. Hunter. Endorsed, R. Feb. 14th. l½ pp. [C.O. 137, 53. ff. 408–409v.]
Dec. 7.
Whitehall.
533. Council of Trade and Plantations to the Committee of the Privy Council. Enclose following, in pursuance of Order of 7th July. Annexed,
533. i. Draft of Additional Instruction to Lt. Governor Pitt, authorizing him to recommend in H.M. name to the Assembly of Bermuda the payment of an additional salary to him in lieu of whale licences etc. v. 6th March, 1730 and 7th July, 1731. [C.O. 38, 8. pp. 161–163.]
Dec. 8.
Whitehall.
534. Council of Trade and Plantations to the Committee of the Privy Council. Representation in reply to Order of 23rd Nov., on petition for return of the Independent Company from New Providence to Bermuda; We have been informed that the negroes at Bermuda have lately poisoned several of the inhabitants and have frequently formed themselves in small parties which have put the inhabitants under the apprehension of an insurrection. We are likewise informed that a Spanish ship from Porto Rico came in Aug. 1730 with a design to land men to plunder these islands but was blown off the coast by a storm and that none of these things had happened during the time that the Independent Company which was sent there by King William remained on the islands. With regard to the Bahamas etc., besides the Bermuda Company lately removed thither whose compliment is 49 men, there is another Independent Company of H.M. forces there which ought to consist of 100 men. But we are informed that neither of those companies are compleat, and that there have not been above 100 men in both the Companies together since the arrival of the Bermuda Company at the Bahamas. And although an Additional Independent Company may be necessary at Providence, yet considering their present fort will not as we are informed contain more than 100 men, and that should the Bermuda Company be sent back and the Bahama Company effectually compleated to that number, the Bahamas would not be in a worse condition nor more exposed than they have been since the Bermuda Company has been there, We therefore are of opinion that it may be for H.M. service to order the Bermuda Company to those islands again. [C.O. 38, 8. pp. 163–165.]
Dec. 7.535. Lt. Genl. Mathew to Mr. Popple. Upon the death of John Richardson Esqr., Mr. Smith being plac'd next in His Majesty's Instructions became President of Nevis, and therefore when I came thence I delivered to him the seals. Signed, William Mathew. Endorsed, Recd. 7th, Read 8th Dec. 1731. [C.O. 152, 19. ff. 82, 85v.]
Dec. 8.
St. James's.
536. Order of King in Council. Approving drafts of Instructions for Governor Hunter and all the rest of H.M. Governors in America, to prevent the passing of acts paying duties on negroes and convicts imported. Signed, Temple Stanyan. 2 pp. [C.O. 5, 195. ff. 122, 122v.]
Dec. 10.
St. James's.
537. H.M. Instructions described in preceding. Signed, G. R. 4 pp. [C.O. 5, 195. ff. 124–125v.]
Dec. 9.
Boston.
538. Governor Belcher to the Duke of Newcastle. Returns thanks for H.M. instruction for his taking the money voted by the Assembly, and "for the kind part you was pleas'd to act in this matter" etc. Encloses Journal of Representatives up to the present etc. Continues:—I am sorry to say I have no expectation of the Assembly's supporting me in any other manner than according to their last grant. Yet your Grace may be assured that I shall go on in a strict observance of all H.M. royal Instructions, nor have I any reason to believe a faithfull servant to the King will finally suffer for his fidelity, etc. Signed, J. Belcher. 2 pp. [C.O. 5, 898. No. 100.]
Dec. 9.
Whitehall.
539. Duke of Newcastle to the Council of Trade and Plantations. Encloses following for their reprt. Signed, Holles Newcastle. Endorsed, Recd. 15th Feb. (sic), Read 13th April, 1732. 1 p. Enclosed,
539. i. Petition of Governor Jencks to the King. Newport, Rhode Island. Aug. 20th, 1731. I have at all times endeavour'd steadily to observe your Majesty's royal Instructions etc. and shall ever account it my duty to have the like regard to further directions etc. Refers to the Act passed by the General Assembly of Rhode Island for emitting bills of credit (v. supra, 2nd Sept.), notwithstanding the great endeavours used to prevent it both by himself and many of the inhabitants etc. Continues: Several of the said inhabitants apply'd themselves to the Secretary of this Colony for a copy of the aforesaid act, with several other copies in order to send them to your Majesty etc. The Secretary sent to me for an order for affixing the Colony seal thereto, and to certify his good faith etc. But it was no sooner known to two of the Members of our General Council, gentlemen desirous of popularity and to be accounted the prime Agents in preserving of our Charter priviledges, but they caus'd the news thereof to spread throughout the Colony, declaring that the Governr. had endanger'd the loss of our Charter by ordering the Colony seal to be set to a complaint against the Governmt. in order to be sent to your Majesty; the which action of theirs has occasioned me much trouble, and hath caused many of the inhabitants to be highly displeas'd with me. Indeed I am ashamed that I shou'd be laid under a necessity to trouble your Majesty with a matter of so inferiour a nature, but for my own just vindication I am oblig'd hereto etc. Prays for H.M. determination upon three particulars :—(i) Whether any act passed by the General Assembly of this Colony may be judg'd valid, the Govenr. having enter'd his discent from it at the time it was voted, (ii) Whether he may with safety disallow or refuse setting the Colony seal to copies taken out of the Secretary's Office and attested by him in order to be sent to your Majesty, (iii) Whether it be the Governor's duty to examin all such copies before he orders the Colony seal to be set thereto, the Secretary which attests them being an Officer under oath. Concludes: Your Majesty's royal determination hereon will with great thankfullness be accepted both by myself and many others of your Majesty's good subjects, and I humbly pray that it may be as soon as your Majesty's more weighty affairs may admit, I having given the Governmt. at our last election publick notice that I shou'd serve them no longer than this year, etc. Signed, Joseph Jencks. Endorsed as preceding. 2 pp.
539. ii. Petition of several Gentlemen, Merchants, Tradesmen and others. Inhabitants of Rhode Island within the Colony of Rhode Island and Providence Plantations to the King. Rhode Island in New England, Aug. 30, 1731. Wee your Majesty's most dutiful and loyal subjects humbly crave leave in behalf of ourselves and others inhabitants within this Colony to lay before your Majesty the great wrongs and grievances we have lain under and the damages we have sustain'd within these twenty years last past by the excessive emitting of bills of publick credit on this Colony and enforcing the same by several acts of our General Assembly to pass in payments in equal value with silver money since the beginning of the year 1710 to the beginning of May, 1731 etc. Before 1710 the currt. money of this and the neighbouring Governmts. in New England was silver money at 8s. pr. oz. But since the said time this Colony having by their several acts of General Assembly caus'd to be made and emitted the sum of £195,300 in bills of publick credit of this Colony besides the £60,000 by the late act etc., and by the said acts enforced them to be taken in paymts. in equal value to the silver money then current, by reason thereof the said silver money has been gradually rais'd to above 20s. pr. oz. in exchange for said bills etc.; To prevent therefore the further emitting of more bills of credit petitioners did at the last sessions, May, 1731 etc. present a memorial from themselves and others, to the General Assembly setting forth our grievances and the great damages sustained not only by the inhabitants but also by the Merchts. of Great Brittain by the emitting of said bills, and praying the Assembly wou'd put a stop to the further emitting of such bills etc. Describe subsequent proceedings ut supra, 2nd Sept. After taking away their attested copies of proceedings and the act, the Assembly rejected their Memorial and ordered the Clerk to return it to them. Continue: All which proceedings we humbly concieve are highly deregatory to your Majesty's royal prerogative, the laws of Great Brittain and the right of your Majesty's subjects (i) in that by the said several acts the royal proclamation of 4th June, 1704, confirmed by the act of Parliament for ascertaining the rates of foreign coins in H.M. Plantations is eluded etc. (ii) for that the said acts are directly contrary to an Order in Council, 19th May, 1720, against the passing any laws whereby bills of credit may be issued without a suspensory clause etc. and the order sent thereupon to the Governor and Company in 1724 etc.; (iii) for that said acts are disagreable with your Majesty's late instructions to Jonathan Belcher, Governor of the Massachusetts Bay, ordering that the said Province (which by computation is eight times as large as our Colony) shou'd not have out in bills of credit at one time more than £30,000. All which was laid before the said Generall Assembly by your petitioners" council in pleading for the sd. memorial etc. Transmit their said memorial for H.M. wise and gracious consideration of the justice of their complaint and of the evils that must attend the Colony if not timely prevented by putting a stop to the emitting of more bills etc. Continue: One reason of the little hopes we have that an end shou'd be putt to emitting of bills of credit by our General Assembly or that justice shou'd be done as by them is that by an act made May, 1728, the £40,000 emitted in 1715 was continu'd at interest for three years longer than by the first acts were limited, and by another act, June, 1728, the £40,000 emitted in 1721 is continu'd at interest for eight years longer than by the said act was at first limited, and that afterwards both the said banks of £40,000 each shall be sunk by payment of the principal in ten years at 10 p.c. every year without any interest, and that the £40,000 emitted in May, 1728, shou'd be under the same regulation, by which means the credit of said bills have been so much in value and the price of everything bought with them so rais'd, as must destroy the trade and ruin this Colony if not timely prevented. All which, Most Gracious Sovereign, we humbly crave leave to lay before your Majesty praying that out of your great wisdom and tender regard to your subjects in these parts of America, you will be pleas'd to lay your royal commands on this Government not to emit any more bills of publick credit and that the bills of credit allready emitted be paid in according to the several respective acts whereby they were first emitted, that thereby an end may be put to our sorrows and the tranquility of this your Majesty's Colony re'established as in former times etc. Signed, Nathl. Kay, John Brown jr. and 17 others. Same endorsement. 3 pp. [C.O. 5, 1268. ff 74, 80v., 91–93v., 94v.]
Dec. 9.
St. James's.
540. Order of King in Council. Approving draught of Additional Instruction to Governor Hunter and the other Governors, forbidding assent to duties on negroes imported and exported and convicts imported as proposed. Nov. 30 etc. Signed, Temple Stanyan. Annexed,
540. i. H.M. Additional Instruction to Govr. Hunter, referred to in preceding, (v. 30th Nov. supra). Copy. Signed, G. R. St. James's. 10th Dec. 1731. Endorsed, Duplicate sent to Mr. Smith, Secretary to the South Sea Company, who desired to forward one to Govr. Hunter etc. 1½ pp.
540. ii. H.M. Additional Instruction to the Governors of the Leeward, Bermuda and Bahama Islands, Virginia, Mass. Bay, New Hampshire, New York, New Jersey, So. Carolina, N. Carolina, Nova Scotia, Maryland, Pennsylvania, and the Governor and Company of Rhode Island, and of Connecticut, (v. 30th Nov. supra). [C.O. 137, 53. ff. 410, 410v., 411v. (without Order); and 324, 36. pp. 285–294; and 5, 195, ff. 243, 244, 247–250; and (Order only) 137, 20. ff. 34, 34v., 36v.]
Dec. 10.
Puding Lane.
541. Mr. Partridge to Mr. Popple. Encloses two copies of the case of the Northern Colonies (v. 20th Dec.), relating to the West India affair, as submitted to Parliament last Sessions, etc. Concludes: Pray forward the report upon ye New Jersie money act because it is not to be in force till it has ye royal assent. Signed, Thy lo. Friend, Rd. Partridge. Endorsed, Recd., Read 10th Dec. 1731. Addressed. Sealed. ? p. [C.O. 323, 9. ff. 83, 84–86v.]
Dec. 10.
Whitehall.
542. Duke of Newcastle to Governor Hunter. H.M. having been pleased to grant Alice Clayton pardon etc. Encloses copy of H.M. "warrant under the sign manual for her being inserted in the next General Pardon that should come out for the poor convicts of Newgate." Signed, Holles Newcastle. [C.O. 324, 36. p. 301.]
Dec. 10.
Whitehall.
543. Council of Trade and Plantations to the King. Upon Mr. Phenney's petition, propose that he be added in the room of Mr. Fitzwilliam, the late Surveyor Genl. of the Customs in the Southern District of America, to the Councils of Virginia and S. Carolina, which are Colonies within his district. "It hath been thought for the service of the Crown, that the Surveyor of the Customs should be a Member of the several Councils within his district. This was practised in the case of Mr. Phenney's predecessors, Col. Quary and Mr. Fitzwilliam" etc. [C.O. 5, 1366. p. 81.]
Dec. 10.
Whitehall.
544. Order of Committee of Council. Upon the petition of John Yeamans, Agent for Antigua, that the instruction ordered 12th Aug. last to be prepared and inserted in Governor Cosby's instructions relating to the holding of the Courts of Chancery in that island, be forthwith prepared and sent to the Commander in Chief of the Leeward Islands, ordered that the Council of Trade and Plantations, forthwith lay the said instructions before the Committee. Signed, Temple Stanyan. Endorsed, Recd. 11th, Read 14th Dec, 1731. 1 p. [C.O. 152, 19. ff. 83, 84v.]
Dec. 10.
Whitehall.
545. Council of Trade and Plantations to the King. In obedience to reference of 12th Aug. have considered the 18 acts of the Massachusets Bay, and consulted with Mr. Fane etc. Recommend them for H.M. confirmation. Continue:— Your Majesty was likewise pleased to referr to our consideration another act passed at the same time there, for ascertaining the number and regulating the House of Representatives. The reason for this act as set forth in the preamble of it is, "That by an act made and passed in the 13th year of His late Majesty, for inlarging the pay of the members etc., the first clause in the act for ascertaining the number and regulating the House of Representatives, made in the 4th year of King William and Queen Mary, injoyning each town having 40 families to send a person to represent them etc., was repealed, and no provision is made by law to oblige any town to send a Representative which may be found inconvenient." Upon which, we beg leave to acquaint your Maty, that ye abovemenconed act, wch. repealed the said first clause, was a temporary law, and is expired, and that upon the expiracon of it, the said clause did revive again, and is now in force, which intirely destroys the reason given for this new law. We have also another objection to this new law, because it makes an alteration in ye aforemenconed law, passed ye 4th of K. William and Q. Mary, confirm'd by ye Crown in 1695, and has not ye clause for suspending its taking effect, untill your Majesty's pleasure should have been declared thereon, according to your Majesty's 15th Instruction to your Governor etc., and therefore we humbly beg leave to lay the same before your Majesty for your disallowance. [C.O. 5, 917. pp. 22–26.]