America and West Indies
July 1732, 16-31

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

Year published

1939

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172-190

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'America and West Indies: July 1732, 16-31', Calendar of State Papers Colonial, America and West Indies, Volume 39: 1732 (1939), pp. 172-190. URL: http://www.british-history.ac.uk/report.aspx?compid=72631 Date accessed: 30 September 2014.


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Contents

July 1732, 16-31

July 17.
Boston,
N. England.
307. W. Shirley to the Duke of Newcastle. The post-master of Boston's place (wch. is in the disposal of the Crown) being likely to become vacant, before this can reach England, by the death of Mr. Marshal the present possessr. of it, who is in a very languishing condition, T presume to trouble yr. Grace wth. requesting the favour of succeeding Mr. Marshal in case he shd. not recover etc. The place is computed to be worth near £100 sterling per annum, requires a constant residence all the year round at Boston, but is consistent with the practice of my profession; on wch. last acct. it would be more valuable to me yn. A post of double its income, inconsistent wth. the practice of the law etc. Is encouraged to hope from the favour his Grace showed him when he left England. Continues: The agreemt. of this climate wth. my constitution; prospect of success in my business and the general good will of the people, wch. I am at present so happy as to enjoy, much recommend the country to me, notwithstanding it's bad money, and worse politicks etc. Will endeavour to discharge his duty to his Grace and the Crown etc. The majority of the House of Representatives showed him a mark of their favour by proposing him for Attorney General. "But I was drop'd, thro' the opposition of our famous Dr. Cook, or Elisha Cooke, for speaking too much in support of the Crown's reservation, in the Charter, of the Admiral jurisdiction, in an argument at the Barr only, in defence of the Judge of Admiralty my client: But I have the pleasure of convincing some gentlemen of the Council of the truth of it. The ill success of Sugar Colonies bill in the House of Lords, is exceeding good news to the Province" etc. Concludes: I am inform'd by the Clark of the House of Representatives, yt. he believes they will meet in temper to shew their duty to the King by supplying the Treasury according to H.M. Instruction, and in conformity to their Charter etc. Signed, W. Shirley. Holograph. 2¾ pp. [C.O. 5, 898. ff. 458–459.]
July 18.
Wmsburgh.
308. Lt. Governor Gooch to the Council of Trade and Plantations. Encloses Journals of Assembly which ended its session of 1st inst., and gives an account of the acts passed. As to the Act to enable masters of ships etc. refers to 27th May. (i) An Act for laying a duty on liquors: by which a duty of 3d. per gall, over and above the penny appropriated for the support of the College is laid on all wine and spirits etc. imported, from any place, Great Britain excepted, for 4 years etc. Continues: Because the Act made the former session was disapproved by H.M. on accot. of the exemption from payment of half the duty granted to the Virginia owners, this present act is framed without any such exemption, all persons importing liquors without distinction being on an equal foot, so that the British merchants will have no room to complain of partiality, (ii) For laying a duty upon slaves to be paid by the buyers. As this duty is also lately necessary for defraying the public charge, and as it is laid, is now no burden or inconveniency to the merchants importers, and but a very moderate one on the purchaser, being no more than 5 p. cent, ad valorem, a far less duty than ever was laid before, and this to be paid only on such slaves as are alive forty days after their importation; I am in hopes the act now is liable to no just exceptions, seeing conformable to H.M. Instruction, the importer is not charged with any duty, and those who are to be the purchasers have by their Representatives consented to it. But lest some officious persons should take occasion to cavill at that part of this law which disallows any drawback of the duty on slaves exported to No. Carolina, I must beg leave to inform your Lordships, that besides the vicinity of that country, which affords oppertunity for frauds, since a negro may be carried into Carolina one day, and then drawn back, and all his life afterwards may work in Virginia; there is this consideration which prevailed with the Assembly to insert this clause in the bill, and it is, that such a drawback would have been of no service to the people of Carolina, who don't purchase here slaves for themselves, but are supplied by two or three merchants living near the dividing line who alone would reap the benefit of it, without abateing one farthing of the price to the Carolina purchaser, (iii) An act for making more effectual provision against insurrections and invasions, contains nothing more than the original act of 1727. (iv) To prevent frivolous and vexatious suits etc. is so agreable to the laws of England, and to H.M. Instructions for obtaining a law for the more easy recovery of small debts, and withal so beneficial to the people, that no more need be said to recommend it. (v) To make perpetual an act of 1727, for preventing delays in Courts of Justice etc., which has been found so useful for the dispatch of business that it is now made perpetual; and since that law mett with no objection at your Lordships' Board, I cannot apprehend this will have a worse fate, whatever is contained in it besides, being no more than what is warranted by the laws and practice of our Mother Country, (vi) To make the stealing of slaves felony without benefit of clergy wants no explanation. It is an act very necessary for securing men's propertys in their negros, and inflicts an adequate punishment for the stealing thereof, which 'tis hoped will prevent that vile practice for the future, (vii) For settling some doubts etc. in relation to the benefit of clergy etc. This act declares that where any offence was by Act of Parliament made before the 4th year of K. James I, excluded Clergy, persons convicted here of the like offence shal in like manner be excluded; allows women the same benefit as men, and takes away the ceremony of reading, in the same manner as the Acts of Parliament etc. By this act also negros, mulatto and Indians whether Christian or not are allowed the benefit of clergy, except for manslaughter, breaking houses etc. By this act too a dispute which hath been long canvast is determined, i.e. the rejecting of all testimony of negros, mulatto or Indians in any Court of Judicature, notwithstanding their being Christians, the reason whereof is given in the bill, and is certainly a very good one, if true; but whether it is or not, it is highly reasonable that point should be settled in one uniform method to prevent contradictory determinations in the several Courts, (viii) An act prescribing the method for proving book debts. By this act a retailer's book sworn to by himself is evidence for any article therein for 18 moneths before suit brought, but not for articles of a longer standing; the whole scope of the bill being to allow a speedy manner of proof for such recent debts as well to the shopkeepers as their executors and administrators, and is very well calculated for the circumstances of this country; and seeing there is herein an exception on the accot. of merchants living out of this Colony, I am humbly of opinion it is a law worthy H.M. approbation, (ix) An act to explain and amend the, act for amending the staple of tobacco and for preventing frauds in H.M. Customs contains many useful and necessary alterations and additions to the former law in 1730 etc. described, sufficient to render it agreable to the people and easy to the Trade; and I cannot see what either will have cause to complain of, unless the trouble to one to make their tobacco good and fit for market, and the stricter care that will be expected of the other to prevent the breaking and pillaging the freighters' hogsheads, when the same may so easily be detected at the Customhouse by the weights being stampt. on each hogshead, in which case the freighter will be apt to seek redress, if he finds himself unreasonably injured. Replies to a possible objection by masters and owners of ships etc., and concludes that, for the future there is no doubt but the people having already found their account in the advanced price under the present regulation will fall readily into the measures established by it, that the ships will meet with a much quicker dispatch than they have hitherto done, if it is not owing to the merchants sending them away late in the year, whereby the season for the planter to purchase winter cloathing is elapsed before their arrival, and is the true cause why the planters are then less desirous of selling their crops, hoping for an advance price, and this gives the masters an handle to complain of delays in their lading. That the ships several of them will go home this year short of their lading, can't be denied; but etc. 'tis not so much owing to the law, as to the number of ships now in the country, more than there has been any year in my time: if this be deemed a misfortune to our Trade, and I suppose it will occasion some clamour, I must inform your Lordships that had it not been for this law, the country had this year been ruined, the very best tobacco would not have sold for above 5s., p. ct. and what had been sent home would not have paid the freight. As it is the Colony will get some thousands of pounds more than if the whole crop had gone to market; for a proof of this, the King's quit-rent tobacco upon the sale of it amounted to six or seven hundred pounds more than ever it was sold for. And all that is meant by this, is only to put our staple in such a condition that the planters may get something for it, and thereby be enabled to purchase such things as they want in C. Britain, (xi) An act to continue parts of an act for establishing the fees of certain officers etc. This act is very little different from that passed in 1727 etc.; only in this bill there is added a clause for ascertaining the allowances to witnesses in controversies depending before the Council Board; for as the determination of disputes concerning the priority of entries for the King's lands, and the pretensions of different parties to one and the same tract of land before either have acquired a legal title is the proper business of the Governour and Council, it seemed absolutely necessary that that Board should be vested with a power to call witnesses before them for clearing the truth, and as reasonable that those witnesses should be paid for their attendance and trouble; this will very much facilitate the speedy determination of these kind of controversies, of which several have heretofore remained a long time in suspence, through the obstinacy of the persons who ought to have been examined in the cause, and it will also prove of considerable service to H.M. revenue, inasmuch, by these means His lands will be sooner granted, and His quit rents paid, (xii) For lessening the reward for killing young wolves, and for preventing frauds in obtaining certificates for wolves' heads; (xiii) for adding part of the countys of Surry and Isle of Wight unto the county of Brunswick; (xiv) for settling new ferries over James. Appamatox, Nottoway, Rappahanock and Potomach rivers; (xv) altering the days for holding the Courts for Richmond and Westmorland countys; (xvi) for raising a public levy. There is nothing extraordinary in these bills etc. (xvii) For dividing every of the countys of Richmond, King George, and Prince William into two distinct parishes, is only remarkable as it shews the increase of the Colony and the care taken to accomodate the inhabitants in the best manner for their public worship, (xviii) To enable and oblige the parish of St. George in Spotsilvania to refund to the parish of St. Mark in the same county the tobacco therein mentioned. To adjust the tobacco contributed by the latter before it was divided from the parish of St. George etc. (xix) For altering the place for holding Courts of Spotsilvania county, is made upon the representation of the inhabitants, and is in truth the forerunner of the division of that county, which is already extended to a very great length, (xx) For pulling down wooden chimneys in the towns of Norfolk and Southampton; (xxi) to restrain the inhabitants of the town of Delaware from keeping too great a number of horses and cattle. These two acts are founded on that common maxim of Justice, that men ought so to use their own, as not to injure their neighbour. The keeping fires in wooden chimneys in towns is no less dangerous to the adjacent buildings, than the keeping large stocks of cattle and horses, by persons who have only small lots of ground, are to the neighbouring pastures and inclosures. And as these two acts are of public benefit, tho' they relate only to particular persons, I doubt not your Lordships will be of opinion to give them a place among the public acts, without expecting H.M. approbation, which, in the present circumstances the partys concerned would not agree to be at the expence of etc. (xxii) To oblige the county of Carolina to reimburse William Woodford the damages he sustained by means of the escape of Benjamin Fletcher; (xxiii) to enable Robert Carter Esq., one of the executors of Mann Page Esq. to pay the debts of said Page etc. The one being to relieve a sheriff who hath suffered very much through the wilfulness of his County Court in not providing a prison for debtors; and the other being to encourage an act of charity to the orphans of his deceased son in law in order to preserve their estates from being pulled to pieces by their father's creditors, neither of which I humbly presume are within the intent of H.M. Instructions, since it will appear by the purport of them that they are only calculated for a temporary end, and are to have their completion almost as soon as they passed here, and no private man's property is injured thereby. It would be an unnecessary expence of your Lordships' time to trouble you with any remarks on the twelve private bills which come herewith, since etc., the persons concerned in solliciting H.M. approbation, will soon wait on your Lordships etc. They are of the same kind with other bills passed here in former sessions for cutting off entails and settling estates etc., and are prepared exactly conformable to H.M. Instructions, and no application made to me to deny my assent to any of them etc. Continues:—The House of Burgesses being informed by some of the Members of the Northern Neck that the petition they prepared last session in relation to Ld. Fairfax's grant of that territory had not been presented to H.M., but by some accident was lost, addressed me to fix the seal of the Colony to a transcript of that petition, and have renewed their vote for paying for its sollicitation. As I wrote at large on that subject the conclusion of the last session, I shall forbear troubling your Lordships with repetition etc. Refers to enclosed Proclamations offering rewards for discovering of the persons who burned a church and warehouse etc. There is no doubt the [parish] church [of St. George] was wilfully and maliciously burnt, and there is great reason to suspect a sett of people who had projected to have another instead thereof in their neighbourhood etc. I hope the reward will have the desired effect etc. As to the [public] warehouse [in King George County], there is some ground to believe it burnt by accident, nothing but its being in the Northern Neck could make me think otherwise, 'tis there only we have suffered in this way, and 'tis possible this might be the last desperate effort of a lawless and discontented mob, who had flattered themselves or been buoyed up by others to think that this Assembly would no sooner meet than the tobacco law would be repealed; but finding themselves disapointed by the general bent of the country for continuing so useful a law, it is not improbable that some of that profligate crew, with which that part of this Colony is but too well stocked, might sett that house on fire in spite of their Representatives, etc. But the most remarkable step taken in this session is the application made to the King and Parliament for changing the customs on tobacco into the nature of an Excise, and their appointment of Mr. John Randolph their agent for negotiating that affair. Your Lordships will receive from him a copy of the address to H.M., and of the petition to the House of Commons, which contains a full enumeration of all their grievances arising as well from the loss of weights in their tobacco, the frauds in the Customs the consequence thereof, as the particular hardships which they conceive they suffer from the merchants. I don't pretend to interpose my opinion on the several facts suggested in the petition, otherwise than as it appears very plain to me that both the King and the planter run very great risques by the breaking of the merchants under the present management of that trade, and that both would be better secured by the method the Assembly propose. And this I hope will be a sufficient justification for me to recommend both the petition and the gentleman who negotiates it to your Lordships' particular favour. I am the more encouraged to hope your Lordships will be pleased to hear him with acceptance, since I am well assured he will make no progress in this business, without your Lordships' participation, and the general approbation of H.M. Ministers etc. For sometime past I have had it in my thoughts to procure a general survey of Virginia, as far as 'tis inhabited, taking in the mountains, and the river Shenando on the west side of them: a work long recommended by H.M. Instructions, and would prove not only of use towards the discovery of concealed lands, and be of service in the dispute about the bounds of the Northern Neck, but of great benefit to the shipping, by laying down the soundings of the several rivers and bay, the bearings of the headlands, and many other things fit for a geographical and hydrographical chart. And that it might be done in the cheapest as well as best manner, I proposed that the Surveyors of the several countys should give in an exact plan of each county, and accordingly with the advice of the Council last October, appointed Colo. John Robinson, under the character of Surveyor General to consult the other Surveyors (withal acquainted them that though they should be paid for their trouble, yet I expected something from them ex officio) to prepare a scheme for the doing of it, with a computation of the charge. But finding by his report that the expence of an accurate survey of the whole Colony will amou[n]t to at least £5000, I have put a stop to the design, until I know your Lordships' sentiments, and the opinion of the Lords Commissioners of the Treasury, continuing in the mean time the sallery of £150 p. annum appointed Mr. Robinson, because it is intended that he shall do something for it, which is, if the charge of an exact map be thought too great, and 'tis pity my Lords it should, we may at least gett such an one as will give H.M. a true idea of the extent of this Dominion, and be of great use and service to everybody concerned in the affairs of this country. As criminal prosecutions are become of late more frequent, by the importation of transported, the present Attorney General Mr. Clayton applied to me for an increase of his sallery, and the Council have desired me to recommend it to the Lords of the Treasury that a warrant may be obtained from H.M. for allowing £100 out of the quit rents, in the place of £60 he now has, which with £40 out of the 2s. p. hogshead, an ancient establishment, will recompence him for his extraordinary trouble, occasioned chiefly by transported convicts, whose morals are not changed, by change of air etc. Encloses Naval Officer's returns etc. Signed, William Gooch. Endorsed, Recd. 17 Oct., 1732, Read 10th Jan., 1732/3. Holograph. 10 pp. Enclosed,
308. i. Proclamations by Lt. Gov. Gooch. (i) Williamsburgh, June 10, 1731, proroguing the General Assembly till 18th Nov.; (ii) 21st Oct., 1731, proroguing Assembly till 18th May; (iii) 15th Dec, 1731, publishing the repeal of the Act for continuing a duty on liquors etc.; (iv) 17th March, 1732, for the more speedy detecting and punishing the felonious burning of tobacco warehouses etc. Offers £100 reward for information; (v) 2nd May, 1732, publishing repeal of Act against importing tobacco from Carolina etc.; (vi) 3rd June, 1732, offering reward of £100 for discovering the persons who burnt the parish Church of St. Mark; (vii) 9th June, 1732, Offering £100 reward for the discovering the persons who burnt the warehouse at Falmouth etc. Each signed, William Gooch. Endorsed, Recd. 17th Oct., 1732. 4⅓ large pp. [C.O. 5, 1323. ff. 43–48 v., 49 v., 50, 51, 52, 53, 54, 54 v. (with abstract).]
July 20.
Wmsburgh.
309. Lt. Governor Gooch to the Duke of Newcastle. My Lord Duke, a session of Assembly lately held here affords me the honour of conveying to your Grace the Journals and Laws, and with them the Minutes of Council and other public papers required by H.M. Instructions. Tho' I am unwilling to take up your Grace's time with a detail of the several matters contained in these papers, yet I beg leave to inform your Grace of one transaction in the Assembly which is of great importance to H.M. service as well as the interest of this Colony, and is like to make a good deal of noise amongst the merchants concerned in this trade. The extream low price to which tobacco hath been reduced for sometime past, and the disinclination shown by the merchants and factors to concur in any measures projected here for advancing its value, together with the melancholly reflection, that while people in Great Britain find their accot. in running tobacco without paying any custom, there is small hope of reviving the credit of the staple of this country; These things duely weighed, engaged this General Assembly to prepare an humble address to H.M., and a petition to the Parliament, setting forth the many frauds and abuses by which H.M. has not only been deceived in the payment of his Customs, but the planters greivously injured (by the same means) in their propertys, and their commodity brought so low, as that they are hardly able to provide cloaths for the slaves that make it; and therefore praying that the dutys thereon, may be put under a different management. This Address and Petition with a letter to the Lords of the Treasury they have sent by an Agent of their own, Mr. Randolph, who hath the honour to deliver this to your Grace; and he is a person of great integrity and is employed in a negotiation intended for the encrease of H.M. Revenue, at the same time that it is proposed to relieve the people of the Colony, etc. Recommends him to his Grace's favour etc. Continues:—I am sensible great opposition will be made to what is proposed, not only by all who have made an unjust gain by defrauding the Crown, but even by men of better characters whose private interests is like to suffer by it etc. Begs his Grace to allow Mr. Randolph to explain the present management of the tobacco trade and the measures now proposed for its amendment, and he will then be able to distinguish the different parties that are likely to oppose them etc. In any case, hopes that neither Virginia nor himself will lose H.M. favour by this attempt to secure honesty in the trade and encrease H.M. Revenue etc. Signed, William Gooch. Holograph. 2⅓ pp. Enclosed,
309. i. Address of the Council and Burgesses of Virginia to the King. Express the highest sentiment of gratitude for the principal share H.M. had in settling the Peace of Europe on a lasting foundation, guided by the love of mankind and the tenderest regard to his subjects. Continue:—Now that the Temple of Janus is shut by your Majesty's wise councils we have reason to hope that the Commerce of your Kingdoms will revive, their Navigation nourish and their manufactures prosper; and as your loial subjects of this Colony contribute all they can to the advantage of their Mother Country in each of those instances, We presume to cast ourselves at your foot humbly beseeching your Majesty to permit us to lay before you the deplorable condition to which the low price of tobacco has reduced us. That commodity Sire which pays your Majesty so many customs, employs so many of yor. British subjects, ballances so great a part of their trade with forrein nations, takes up so many ships and breeds so many seamen is now fallen so low that it will hardly purchase raiment for the poor planter that makes it. In this extremity we flee to your Majesty whose ears are always open to the just complaints of your remotest subjects and to your Parliament for releif humbly imploring that your Majesty will be graciously pleased to permit John Randolph etc. to represent the causes of the declension of our staple and to propose such expedients for preventing the frauds which threaten the inevitable ruin of the trade as he is instructed from us to offer; and do earnestly beseech your Majesty that some effectual method may be established to compel an honest paiment of the duties wherein the interest of your subjects here is as much concerned as your Majesty's revenue. Signed, in behalf of the Council, Robert Carter, President; Jno. Hollonnis, Speaker of the House of Burgesses. 1 large p. [C.O. 5, 1337. ff. 113, 155–156.]
July 20.
New
Providence.
310. President and Council of the Bahama Islands to the Duke of Newcastle. Whereas it pleased Almighty God to take unto himself the soul of Woodes Rogers Esq. our late Governr. on the fifteenth day of this instant, We the President and the rest of H.M. Council etc. acquaint yr. Lordship therewith, etc.; taking this first opportunity of conveyance, via. So. Carolina etc. Signed, Richd. Thompson, William Spatchers, J. Howell, Thos. Spencer, Richard Thompson junr., Thos. Lorey, Willm. Pindar. l½ pp. [C.O. 23, 14. ff. 225, 225 v.]
July 20.
Whitehall.
311. Mr. Popple to Mr. Attorney and Mr. Solicitor General. Encloses copy of Chief Justice Smith's Representations. Mr. Smith is directed to attend them etc. [C.O. 5, 323. f. 53 v.]
July 20.
Whitehall.
312. Council of Trade and Plantations to the Queen, Guardian of the Kingdom etc. In obedience to the Order in Council, 20th Sept., 1727, etc., lay before H.M. the old seals received back from New Hampshire, Mass. Bay, New York, Virginia, S. Carolina, Jamaica, Barbados, Leeward Islands, Bermuda and the Bahama Islands etc. Those from Jamaica, New Jersey and N. Carolina are not yet come to our hands etc. [C.O. 324, 11. pp' 309. 310.]
July 20.
Whitehall.
313. Mr. Popple to Governor Philipps. My Lords Commissioners for Trade and Plantations command me to desire you will send them as soon as possibly you can the original pass of Monsieur Subercasse, of which you sent my Lords a copy, by which it appears that the French did claim as far as the River of Kennebeck within the bounds of Nova Scotia. I am likewise to desire if you can possibly procure them some of the orders and Commissions to one Monsieur Grand Fountaine which were enclosed in the letter from one Peter Melanson to Captain Doucet dated the 17th of November, 1719, as likewise the Commission which the French King gave to widow Campbell's grandfather, and which was delivered into the hands of Governor Cosby, and the regulation of property made by order of the French King for his subjects in Accadie mentioned in Madam Bellisle's petition to General Nicholson. [C.O. 218, 2. pp. 261, 202.]
July 20.
Whitehall.
314. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before Her Majesty. Autograph signatures 1 p. Enclosed,
314. i. Same to the Queen, Guardian of the Kingdom and H.M. Lieutenant within the same. In obedience to H.M. commands, 3rd Aug. last, we have considered the petition of Sir William Keith for a grant of lands westward of the great ridge of mountains on the back of Virginia etc., and discoursed several times with the petitioners etc. But whilst we were preparing our represention thereupon to His Majesty, we were made acquainted with the several pretentions of the Lords Bal tern ore and Fairfax, and of the executors of the late Mr. Perm to the lands in question etc. Lord Baltemore acquainted us that he apprehended the tract of land petitioned for was included within his patent. The Lord Fairfax did also lay claim to the said land, as being part of the district of which he is Proprietor in the Province of Virginia, other executors of the late Mr. Penn put in their claim to it likewise, as appertaining to the Province of Pennsylvania. Upon the whole therefore, in order to clear up and ascertain the validity of these different pretentions, we would most humbly propose to your Majesty, that Commissioners may be appointed on the part of the Province of Virginia, and likewise of the several claimants abovementioned who shall be properly authorized to settle and mark out the boundaries of their respective Provinces and districts, as hath been already practised between the Provinces of Virginia and North Carolina, and that the necessary directions be given to H.M. Govr. of Virginia, to summon the several claimants to appoint their Commrs. for the said survey within a limited time, that so the right to the land in question may be clearly understood, and if the same should appear to be in the Crown, H.M. may be at liberty to make such grants and regulations for the settling and cultivation thereof, as shall be agreeable to His royal pleasure. Autograph signatures. 4 pp. [C.O. 5, 1344. No. 7; and 5, 1366. pp. 85–88.]
July 21.
Kensington.
315. Duke of Newcastle to the Council of Trade and Plantations. Encloses following. It is Her Majesty's pleasure, that you enquire into the truth of it, that if there appears to be any foundation, proper directions may be given" etc. Signed, Holles Newcastle. Endorsed, Recd. 24th, Read 25th July, 1732. 1 p. Enclosed,
315. i. Anne Jones to the King. London. June 27, 1732. Describes conversation with one f-apt. John Elliott, and testifies to the great value of Major Fitzhugh's copper mine in Virginia, in whose family she lived. Capt. Elliott spoke of six more in Stafford and Prince William counties and the freshes of Potomack, and of a silver mine revealed to a doctor by an old Dutchman. Six gentlemen are now concerned in it, who intend to work it under colour of a lead mine. On learning this she at once returned to England, hoping to be serviceable to H.M. etc. Signed, Anne Jones. 1¾ pp. [C.O. 5, 1323. ff. 1, 2, 3, 4 v.]
July 21.
Kensington.
316. Order of Queen, Guardian of the Kingdom etc., in Council. Upon reading the memorial of Charles Lord Baltemore that, his affairs necessarily requiring his presence in Maryland, he is preparing to set out for the same, but that being advised that the Commission of Lt. Governor Ogle (approved of by H.M. 1st July, 1731) will be superceeded on his arrival there, and that the said Ogle cannot on the memorialist's leaving the province take upon him the Government again without new powers and authoritys, he therefore prays that H.M. will approve of said Ogle as Lt. Governor on his departure thence, entering into new securities before the Lt. Gov. of Virginia in the like penalty of £2000 etc., it was ordered accordingly. Signed, Ja. Vernon. Endorsed, Recd. 15th Aug., Read 7th Sept., 1732. 22/3 pp. [C.O. 5, 1268. ff. 97–98 v.]
July 21.
Kensington.
317. Order of Queen, Guardian of the Kingdom and H.M. Lieutenant within the same, in Council. Repealing act of S. Carolina, 1726, for the better settling of the Courts of Justice, in accordance with representation of Council of Trade and report of Committee of Privy Council. Signed, Ja. Vernon. Endorsed, Recd. 15th Aug., Read 7th Sept., 1732. 12/3 pp. [C.O. 5, 362. ff. 92, 92 v., 93 v.]
July 21.
Kensington.
318. Order of Queen etc. in Council. Confirming act of S. Carolina, 1720, for the amendment of the law etc. Signed and endorsed as preceding. Copy. 1 p. [C.O. 5, 362. ff. 97, 104 v.]
July 21.
Kensington.
319. Order of Queen etc. in Council. Approving of the draught of Instructions for Governor Johnson for settling 600 Swiss Protestants and granting 48,000 acres etc. v. 9th March etc. Signed and endorsed as preceding. Copy, 1½ pp. [C.O. 5, 362. ff. 98, 98 v., 103 v.]
July 22.
Whitehall.
320. Mr. Popple to Mr. Burchett. Encloses copies of Governor Burrington's and Mr. Porter's complaints against each other, and acquaints him that the Board has forwarded copies to them for their proofs etc. (v. 16th Aug.). [C.O. 5, 323. f. 53 v.]
July 23.321. Lt. Governor Gooch to [? Mr. Delafaye]. Sir, If I could receive any greater satisfaction in obeying your commands, than by doing the thing you desired for the service of your friend, I should certainly have mett with it, when pursuant to your recommendation I setled Mr. Eelback in a good parish amongst kind parishioners, and near his brother's house etc. Recommends Mr. Randolph as 20th July. Signed, Will. Gooch. Endorsed, R. (by Mr. Randolph) Oct. 27. Holograph. 1 p. [C.O. 5, 1337. ff. 157, 158 v.]
July 25.
Whitehall.
322. Order of Committee of Privy Council. Ordering the Council of Trade and Plantations to prepare a draught of Instructions for the Governor of S. Carolina, agreeable to enclosed petition etc. Signed, Ja. Vernon. Endorsed, Recd. 11th, Read 31st Aug., 1732. 1⅓ pp. Enclosed,
322. i. Petition of the Trustees for establishing the Colony of Georgia in America to the King. Finding it necessary that notice of their Charter should be given to the Governor of S. Carolina, with a signification that all due countenance and encouragement should be given for the settling of the said Colony, pray for H.M. Instructions accordingly, and likewise a direction for registering the said Charter in the records of the said Province from a copy to be annexed to the said Instruction. Copy. 1 p. [C.O. 5, 362. ff. 89–90, 96 v.]
July 25.
Whitehall.
323. Order of Committee of Privy Council. Referring following to the Council of Trade and Plantations for their opinion what is adviseable to be done thereupon. Signed, Ja. Vernon. Endorsed, Recd. 31st July, Read 1st Aug., 1732. 1½ pp. Enclosed,
323. i. Petition of John Hart to the Queen, Guardian of the Kingdom etc. In the Bay of Fundy in H.M. Province of Nova Scotia there is a peninsula extending eastwards from Holt Island in the said Bay to the river Chignicto containing by estimation about fifteen leagues in length and about one league and a half in breadth by an average. The said peninsula is at present uninhabited, great part thereof consisting of unprofitable land and as the same lyes at some distance from Annapolis Royal the only place in strength in this province is exposed to insults from the Indians even in times of peace and from the French in time of warr and cannot be planted with any security unless a number of people sufficient to form a township and to defend themselves in case of danger should at once be settled there. Such a settlement would be of great consequence to H.M. Dominions in those parts there being at present very few or no inhabitants in the whole Province of Nova Scotia besides the garrison of Annapolis and about three thousand French who have remained there ever since the Treaty of Utrecht and who in case of a rupture with France could not be depended on. But forasmuch as a settlement of this kind will be attended with great hazards and expence your Petitioner humbly hopes that all reesonable encouragement may be given to the undertaking namely an exemption from Quit rents for the space of ten years and a moderate quit rent after the expiration of that term not exceeding that at present paid in Virginia, for it is not to be expected that lands so exposed and scituate in so cold a climate as that of Nova Scotia can ever be settled without some encouragements whilst lands are still to be had in all the other more Southern Provinces on the continent of America at moderate quit rents and attended with all the advantages and security resulting from a wellpeopled and well settled Government. Your Petr. therefore most humbly prays that Your Majesty may be graciously pleased by your Orders in Council to direct the Surveyor of H.M. lands in Nova Scotia or his deputy to survey and lay out a part of the said peninsula beginning from Holt Island incl. and extending eastward to the mainland containing by estimation about twelve leagues in length and about one league and a half in breadth at an average bounded North South and West by the Bay of Fundy aforesaid in order to the making a grant thereof to Your Petitioner and his heirs and that Col. Philips, H.M. Governor of the said Province or the Lieut. Governor thereof in his absence to pass a grant under the Seal of the Province of the said peninsula to your Petr. and his heirs of the said lands so to be laid out with the aforesaid encouragements in consideration whereof Your Petr. undertakes within the space of five years from the date of the said grant to transport and settle one hundred Protestants upon the said peninsula and one hundred more within the further space of ten years to be computed from the date of the grant as aforesaid etc. Signed, Jo. Hart. Endorsed, Recd. 31st July, Read, 1st Aug., 1732. Copy. 3½ pp. [C.O. 217, 6. ff. 93–95 v., 96 v.]
July 25.
Kensington.
324. Order of Committee of Council. Referring following to the Council of Trade and Plantations for their opinion thereupon. Signed, Ja. Vernon. Endorsed, Recd. 31st July, Sent to Mr. Fane, Sept. 19th, Recd, back 7th Dec, 1732, Read 6th Feb., 1734/5. 1 p. Enclosed,
324. i. List of following acts, copies certified by, J. Belcher, J. Willard, Secry. 1¼ pp.
324. ii. Eight acts of the Massachusetts Bay, 1731, 1732:— (i) Act for grant unto H.M. several rates and duties of impost and tonnage; (ii) further to exempt persons commonly called Quakers from being taxed towards the support of Ministers etc.; (iii) for the payment of H.M. Council and Representatives etc.; (iv) to prevent persons concealing the small-pox; (v) in addition to the act for the relief of idiots; (vi) authorizing Commissioners to determine the western boundary of this Province and Rhode Island etc.; (vii) for supplying the Treasury with £3,800 for the payment of Francis Wilks, Agent for the Province etc.; (viii) for making a new town in the county of Worcester by the name of Dudley. Printed. 15 pp. [C.O. 5, 877. ff. 3, 4–8, 9–12 v., 13 v.]
July 25.
Kensington.
325. Order of Committee of Privy Council. The Council of Trade and Plantations are to prepare a draught of Instructions for the Governor of Jamaica agreable to the prayer of enclosed petition. Signed, Ja. Vernon. Endorsed, Recd. 31st July, Read 1st Aug., 1732. 12/3 pp. Enclosed,
325. i. Petition of John Ayscough to the Queen. President of the Council of Jamaica upon the death of the Duke of Portland, petitioner was removed from the Council by General Hunter's recommendation of another person. He was then obliged to come to England for the recovery of his health. H.M., upon his petition granted him a sign manual, 31st May, 1731, that upon his return to the island, he should be admitted to his former rank as President of the Council. Prays that, in case Governor Hunter should have left before his arrival, and a younger Committee have taken command, that H.M. should grant him an order to take upon him the command of the island during Governor Hunter's absence etc. Signed, J. Ayscough. Copy. 2½ pp. [C.O. 137, 20. ff. 29–31, 32 v.]
July 26.326. Governor Philipps to Mr. Popple. Reply to 20th July. Continues: After the most carefull thorough search I cannot find among my papers an originall passport of Monsr. Subercass's, and (upon reflection) doe not see how such a paper could fall into my hands, etc. Believes the copy he sent to the Board was authentic, by reason Capt. Southeck, from whom he procured it, told him he drew it from the original, "which he had very good opportunity of doeing as he was a significant officer in the Expedition under Genll. Nicholson" etc. Continues: I doe not remember to have seen any orders or commissions to Monr. Grand Fontaine, if Capt. Dowcett had any such sent him, (which I imagine could only be coppy's) they will be found among the Province Records at Annapolis Royall etc. Remembers that what the Widdow Campbell called a Commission from the French King to her grandfather, was shown to him by Govr. Cosby, but he returned it to her in accordance with Cosby's promise. Continues: As to a regulation of property made by the French King for his subjects in Accadie mention'd, (as you say) in Madm. Bellisle's petition to Genii. Nicholson, I am a stranger to it. I allways Imagin'd everything of that kind to be containd in Monsr. Latour's patent which Mr. Nicholson carry'd away with him, and was in hopes had left it in your Office, with other materiall papers relating to that Province: if his Executors would permitt an inspection to be made into them it might be of service. I have been prevented by lameness—occasion'd by a swelling in my knee from doing myselfe honour of way ting on my Lords Commissioners, but have order'd my Secretary (who has had the perusall very frequently of all papers both here and in the Office abroad) to attend yr Lordshipps etc. Signed, R. Philipps. Endorsed, Recd. 31st July, 1732, Read 27th June, 1734. Holograph. 2½ pp. [C.O. 217, 7. ff. 25–26 v.; and (abstract, with notes for reply) 217, 30. f. 32).]
[July 26.]327. Mr. Harris' observations on the Address of the Council and Assembly of Jamaica (v. 31st May). Abstract. The Assembly stood prorogued to a very remote time. It was summoned to meet in order to render abortive H.M. Instruction. The Government can be supplied as it was before this duty was laid on. A duty of 6d. on every hdd. of sugar could be laid. If the other Colonies load British trade and navigation in like manner, "what is to become of us here where our taxes lay the heaviest of any nation in the world and especially on our trade?" The export duty on negroes laid in 1693 was discontinued and not soon laid on again, and that on complaint of the merchants, long before the South Sea Co. ever exported one negro from Jamaica, but from the time of the import duty the private merchants renewed their complaints every year to this day, as also against the manner of raising it by a new law every year, before the former could be dissapproved by H.M., and this done lest this duty on negroes should be suppressed at Jamaica as it hath been in Virginia, Carolina etc., which is no other than a perfect trick to elude H.M. Instructions to the great derogation of the Royal authority. 'Tis to these reasons cheifly that the duty hath continued so long, as well as to the Governour's breaking their Instructions. As to their want of trade wherein 1200 seamen were employed, that complaint no ways relates to this duty, but may be owing to more reasons than one, particularly to the new method of chartering ships here to go to each of the out Plantations to take in their sugars, which till within these very few years was brought in sloops coasting all round the island called sugar drogers to the markets of Kingston and Port Royal, where they used to be loaded for England and wherein many of these 1200 seamen were employed, as well as in the passage boats in Kingston and Port Royall harbours which now are managed chiefly by negroes. Add to this the island's bringing up negroes to all arts and sciences and artificers of all kinds, and employing them in the room of white people, which they used to be supplyed with by a former law for the encouraging the bringing in of white people and which hath been extinct many years, and as there is no encouragement to bring over white people or lands or employment for them when they come thither, 'tis no wonder if they want seamen, as well as men of all other professions etc' Would gladly know how the British merchant has any protection in his trade or navigation from Jamaica, as alleged. Are not our ships of war a protection to both, is not the wall duty and powder duty a sufficient load on the British merchant, and are there no great duties on wines and other excessive charges etc.? "As to their being allways very tender of taxing trade, for God sake what is the heavy duty on the tonnage of our ships called the wall duty and the powder duty, besides their unmerciful fees of entring and clearing all ships etc.? But I dont blame Jamaica nor no other Colonys to raise their taxes upon the trade of England, if we will thus let them do it from year to year etc., and at last plead length of time or prescription as a good argument for the continuance of these burthens upon us." Endorsed, Recd. Read 26th July, 1732. 3½ pp [C.O. 137, 20. ff. 17–18 v.]
July 27.328. Observations on the Assiento Contract. Reply to Address of Council and Assembly of Jamaica (v. 31st May). Abstract. The S.S.Company's supplying the Spaniards with negroes by way of Jamaica is greatly for the benefit of the island (1) because it gives the merchant the expectation of a double market for his negroes, it occasions a great number of ships to be ordered from Africa to Jamaica, and thereby (ii) gives the planters an opportunity of supplying themselves with negroes on better terms and to sell their produce at a better price etc., and because (iii) all the ships that go to Guinea for the S.S. Company bring their negroes to Jamaica and in consequence great sums are laid out there and people find great employment. It seems as if the Assembly are of opinion, that if the S.S. Company did not carry on the Assiento Contract, they should have a very great trade with the Spanish settlements. It is to be feared not so great as they have now. The Company have brought a trade to Jamaica with the several parts of New Spain, they have not deprived the inhabitants of any branch, which they enjoy'd before they were Assientists. There is a trade constantly carried on by the inhabitants of Jamaica with the Spaniards besides the trade carried on by the S.S. Company. The Company's is a legal trade, and a trade allowed by the Spaniards, but the trade which the Company are charged with wresting from the Island was ever carried on in a clandestine manner and at the peril of those who were concerned in it, being in direct contravention of the laws of Spain. If the island had a very great trade with the Spaniards formerly, it is not certain, that it would have continued as great, had not the S.S. Company, but some other nation, the liberty of supplying the Spaniards with negroes etc. Laying such taxes on the trade with the Spaniards, must necessarily throw it into the hands of other nations etc. The scarcity of currency cannot be due to the Company's carrying on a trade with the Spaniards, for a much greater sum is now taken from the Spaniards in return for negroes, flower and dry goods exported from Jamaica by the S.S. Company and private persons than ever before, and the Company by means of their trade are constantly bringing great sums of money to the island. In time of the greatest trade before the establishing the S.S. Company, there was sometimes a scarcity of currency. This is not owing to the want of trade, but that money, tho' never so light, made much better returns to this Kingdom than the sending any of the produce of the island would do, from the difference of the price insisted upon in Jamaica for the produce, and what it would sell for in this Kingdom etc. The Assembly are charging the Island's best friends with being the authors of their misfortunes etc The Company are unjustly treated by being charged with bringing a loss to the island of 1200 seamen, and near 200 vessels employed in the Bays of Campeachy and Honduras. They had no hand in depriving any of H.M. subjects in cutting of wood and trading to these places, and what vessels they may licence to trade thither, they are warranted to do, and only do by virtue of the Assiento Contract etc. Continues: Those who have been long acquainted with the Island, ascribe its present situation to quite other causes, such as the present inhabitants not having any number of ships or vessels trading on their own accounts to Curosoa, New England, New York, Carolina and other places, whereas the trade with and goods imported from these places formerly were chiefly in vessels belonging to its then inhabitants. The small number of white people and the great increase of negroes etc. The number of small plantations thrown into great ones, whereby tho' the number of the inhabitants are lessened, as more negroes are employ'd on the lands, the quantity of sugar produced is much greater. The number of ports or places in the island more than formerly, whereby the number of small vessels with seamen are greatly lessened, and the number of negroes employ'd in canoas, boats, and vessels, as well as in all trade in the towns or plantations, in which white people were formerly employed. It is to these and other causes, that the island is seemingly in so low a condition, tho' notwithstanding, it is certain, the produce of it is of a greater value than it was when it had three times the number of white people capable of bearing arms. And to this decrease of white people, it is owing, tho' the trade with the Spaniards is as considerable as ever, that there is not only not the same consumption of all kind of goods in the Island, but that the revenues which are appropriated for the service of the Government, unless the quit-rents, do not produce equal to what they did formerly, besides as the produce of the settled revenue, which chiefly arose by duties on liquors imported, was formerly much greater than the settled revenue at this time, tho' very lately, additional duties are laid on wines and all other liquors, so the expence of the Government was much less. Surely it is not expected, that because the whole Government was supported by duties on imports when the white inhabitants were treble the number, and the seafaring people and white tradesmen so much greater than they are at this time, and when the value of the produce of the island not one moyety or one third to what it is now, that trade should be charged, or the duties of imports raise, more money than formerly, and that not any money should be raised immediately upon the planters whose produce amounts to so much a greater value than it did heretofore. If this is to be a rate, and if the Assembly are permitted to walk by it, the merchants and others must immediately forego any further dealings with Jamaica. Endorsed, Recd, (from Mr. Wood), Read 27th July, 1732. 4½ pp. [C.O. 137, 20. ff. 19–21, 22 v.)
[July 27.]329. Observations on the Address of the Council and Assembly of Jamaica, by or on behalf of merchants trading to Jamaica. To same effect as 26th July etc. 10¼ pp. [C.O. 137, 20. ff. 23–28 v.)
July 27.
Whitehall.
330. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, act of Virginia, 1730, for vesting certain lands entailed in George Turbervile in fee simple etc. [C.O. 5, 1366. p. 89.]
July 30.
Salisbury at
St. Johns in
Newfoundland.
331. Governor and Commodore Falkingham to the Council of Trade and Plantations. This is the first opportunity to acquaint your Lordsps. of my arrival etc. According to the direction of my Lords Commissioners of the Admiralty I sent [the Dursley galley] to St. Johns and proceeded with the Salisbury to Placentia where I arrived the 13 instant, and assembled the principal inhabitants, and caused H.M. Commission to be read and published, and took upon me the command of the Fort and Government of the said Island etc. Encloses state of Garrison. Continues: I had no complaint against either officer or soldier in intermeddling with the Fishery, of which there seems this year a prospect of a very extraordinary one, etc. Will send a state of the island and answers to H.M. Instructions the latter end of the season etc. Signed, Edwd. Falkingham. Endorsed, Recd. 6th Sept., 1732, Read 9th April, 1734. 1 p. Enclosed,
331. i. Muster-roll of Garrison of Placentia, July 22, 1732. Signed, Wm. Magra. 2 pp.
331. ii. Bill of lading of stores of war, building material and clothing for the Artillery sent from the Ordnance Office to Placentia; 10th May, 1732. Signed, Wm. Blockhouse. Endorsed, Recd. 6th Sept., 1732. 3 pp.
331. iii. Account of provisions for the garrison received 16th May, 1732. "The stonework by the violent frosts moulders away, and it wants a considerable repair." Signed, Edwd. Falkingham. ½ p.
331. iv. Account of stores of war expended at Placentia, 31st. Aug. 1731—1st July, 1732. Signed, Edwd. Falkingham. Endorsed as encl. ii. Copy. 2⅓ pp.
331. v. Account of the stores of war, 1st July, 1732. Signed and endorsed as preceding. 4 pp. [C.O. 194, 9. ff. 180, 181–184 v., 185 v.–187 v., 189–190 v., 191 v.]
July 30.
Salisbury at
St. Johns in
Newfoundland.
332. Governor Falkingham to the Duke of Newcastle. Duplicate of preceding covering letter, mutatis mutandis. Signed, Edwd. Falkingham. Endorsed, R. Sept. 18th. 1 p. Enclosed,
332. i.–v. Duplicates of preceding enclosures. [C.O. 194, 24. ff. 106, 107 v,—115.]
July 31.
Kensington.
333. H.M. Warrants appointing George Phenney, Surveyor General of H.M. Customs in the Southern district of H.M. Dominion in America, to the Councils of Virginia and S. Carolina, as was practised in the case of his predecessors etc. Countersigned, Holies Newcastle. Copies. [C.O. 324, 36. pp. 361–364.]