America and West Indies
August 1732

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

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1939

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190-204

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'America and West Indies: August 1732', Calendar of State Papers Colonial, America and West Indies, Volume 39: 1732 (1939), pp. 190-204. URL: http://www.british-history.ac.uk/report.aspx?compid=72632 Date accessed: 26 July 2014.


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Contents

August 1732

Aug. 2.
Whitehall.
334. Council of Trade and Plantations to the Lords of the Committee of H.M. Privy Council. Enclose following. Annexed,
334. i. Draft of H.M. Additional Instruction to Governor Hunter or the C. in C. of Jamaica for the time being requiring him to admit John Ayscough to take upon him the command of that island during his absence etc. [C.O. 138, 17. pp. 360–364.]
Aug. 3.
Whitehall.
335. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before the Queen.
335. i. Same to the Queen, Guardian of the Kingdom etc. In obedience to H.M. commands of 31st May, have considered Address, petitions etc., and represent that, By the Act passed at Jamaica, 19th Jan. last, for raising several sums of money etc., to impower the Receiver General to take up mony at interest and to appoint a Committee to settle the publick acounts etc. a duty is laid of ten shillings pr. head on all negroes imported into Jamaica payable by the importer, altho' the property of the said negroes should not be changed there, and of twenty shillings on every negroe exported from thence, and the act is moreover conceived in such terms, that cargoes of negroes tho' brought to Jamaica for refreshment only and not landed there would be subjected to the sd. duty of exportation if any part of them should be sold in that island, which being directly contrary to H.M. former Instructions to Govr. Hunter, as well as to that of 10th Dec. last, we humbly take leave to lay the said act before your Majesty for your disallowance. It does not appear to us that H.M. last Instruction to Governor Hunter, 10th Dec, 1731, arrived there before he gave his consent to the act now complained of: But we humbly conceive that this Instruction is founded upon the principles of reason and justice, and it has been thought of such importance to the British Trade and Navigation and Shipping as to be made a general rule for all H.M. Colonies in America; Wherefore we would humbly propose to your Majesty that the same may be continued. [C.O. 138, 17. pp. 364–369.]
Aug. 3.
Whitehall.
336. Same to the Committee of the Privy Council. Reply to order of 5th June, referring to complaint against Govr. Hunter for giving his assent to above act. Enclose copy of preceding. [C.O. 138, 17. pp. 369–371.]
Aug. 3.
Whitehall.
337. Same to the Duke of Newcastle. Enclose Representation upon Address of the Council and Assembly of Jamaica concerning duties upon negroes, to be laid before the Queen. Autograph signatures. 1 p. [C.O. 137, 47. f. 136.]
Aug. 3.
Boston.
338. N. Byfield to Mr. Popple. Acknowledges letter of 3rd May last. Sent a copy of his representation to the Admiralty. Continues: The reason why I troubled their Lordships of the Board of Trade with my case, is that I apprehend that in H.M. Plantations, and especially in this trading Colony of New England, the good regulation of, and preventing abuses in trade depends very much upon supporting the jurisdiction of the Court of Admiralty there, which if nothing is done in favour of it at this crisis, must inevitably sink; as for my own part, I would forthwith dismiss myself from the trouble of my post, if I could do it with honour before I have an answer from their Lordships of the Admiralty. Signed, Nathal, Byfield. Endorsed, Recd. 9th Oct., Read 30th Aug., 1732. 1 p. [C.O. 5, 875. ff. 228, 229 v.]
Aug. 4.
Boston,
N. England.
339. W. Shirley to the Duke of Newcastle. Returns thanks for his Grace's goodness in appointing him to succeed the present Attorney General of New York, if the account of his death had prov'd true etc. Will wait upon Col. Cosby and his Lady upon their arrival. If Providence permits him to settle at New York by giving promise of equal success there, it will be a singular pleasure to be near a branch of his Grace's family etc. Signed, W. Shirley. Holograph. 1 p. [C.O. 5, 898. f. 460.]
Aug. 5.340. Mr. Attorney and Mr. Solicitor General to the Council of Trade and Plantations. Report upon petition of the Governor and inhabitants of Rhode Island (v. 9th Dec, 1731). Continue: By the Charter etc. the General Assembly, or the greatest part of them then present, whereof the Governour, or Deputy Governour and six of the Assistants at least to be seven, have a power to make and repeal laws etc., so as such laws be not contrary and repugnant unto, but as near as may be agreeable to the laws of England, etc No negative voice is given to the Governour nor any power reserved to the Crown of approving or disapproving the laws etc. We are therefore of opinion that tho' by the Charter the presence of the Governour or in his absence of the Deputy Governour is necessary to the legall holding of a Generall Assembly, yet when he is there he is a part of the Assembly and concluded by the majority; and consequently that acts passed by the majority of such Assembly are valid in law, notwithstanding the Governour's entring his dissent at the time of passing thereof. As to the question stated in Mr. Popple's letter, Whether H.M. hath any power to repeal etc. the Act [for emitting £60,000 in paper bills], we humbly conceive that no provision being made for that purpose the Crown hath no discretionary power of repealing laws made in this Province, but the validity thereof depends upon their not being contrary, but as near as may be agreeable, to the laws of England, regard being had to the nature and constitution of the place and people. Where this condition is observed, the law is binding, and where it is not, the law is void as not warranted by the Charter. [Upon the other two] questions proposed by the Governour etc., we are of opinion that it is the duty of the Governour to set the seal of the Colony to such copies attested by the Secretary in order to be sent to H.M., and that it is sufficient, if the same are examined and attested by the Secretary, the proper officer for that purpose, without the personall examination of the Governour. Signed, P. Yorke, E. Talbot. Endorsed, Recd. 8th, Read 16th Aug., 1732. 4 pp. Enclosed,
340. i. P of Governor Jencks to the King (v. C.S.P. 9th Dec, 1731).
340. ii. Petition of Merchants and Inhabitants of Rhode Island to the King (v. C.S.P. 9th Dec, 1731). [C.O. 5, 1268. ff. 89–93 v., 94 v.]
Aug. 5.
Boston,
New England.
341. Lt. Govr. Phips to the Duke of Newcastle. Expresses gratitude to H.M. for his Commission. Signed. Spencer Phips. Holograph. 1 p. [C.O. 5, 898. f. 462.]
Aug. 9.
Wmsburgh.
342. Lt. Governor Gooch to the Council of Trade and Plantations. Recommends Col. Henry Armistead to fill the vacancy in the Council caused by the death of Col. Robert Carter. There is no objection to be made to his person or circumstances, and he lives in a part of the country that never, untill the death of Col. Page, was without a Councillor. Signed William Gooch. Endorsed, Recd., 17th Oct., 1732, Read 10th Jan., 1732/3. Holograph. 1 p. [C.O. 5, 1323. ff. 55, 60v.]
Aug. 10.
Kensington.
343. Order of Queen, Guardian of the Realm etc in Council. Ordering the defacing of the old seals received from Massachusets Bay, New Hampshire, New York, Virginia, South Carolina, Barbados, Leeward Islands, Bermuda and Bahama Islands. Signed, W. Sharpe. Endorsed, Recd. 28th Oct., 1732, Read 4th May [1733]. 1 p. [C.O. 323, 9. ff. 122, 123v.]
Aug. 10.
Kensington.
344. Order of Queen, Guardian of the Kingdom etc., in Council. Referring enclosed petition to the Council of Trade and Plantations for their report. Signed, W. Sharpe. Endorsed, Recd. 11th, Read 23rd Aug., 1732. 1 p. Enclosed,
344. i. Petition of Jonathan Belcher jr., to the Queen in Council. Aug. 2, 1732. Prays that Governor Belcher may be permitted to assent to a bill passed by the Council and Representatives of the Massachusetts Bay, June 13th last, granting him £3000, notwithstanding all his endeavours the people still refusing to support their Governor in any other way etc. Signed, Jona. Belcher, junr. Copy. 12/3 pp. Enclosed,
344. ii. Copy of bill referred to in preceding. 12/3 pp. [C.O. 5, 874. ff. 117, 118–119v., 122 v.]
Aug. 10.
Kensington.
345. Order of Queen, Guardian of the Kingdom etc., in Council. Approving draught of Instructions directing the devolution of the Government of Jamaica to Mr. Ayscough etc. Signed, W. Sharpe. Endorsed, Recd. 28th Oct., 1732, Read 4th May, 1733. 1 p. [C.O. 137, 20. ff. 90, 93 v.]
Aug. 10.
Kensington.
346. Order of Queen, Guardian of the Kingdom, in Council. Approving report of the Committee for Plantation affairs, and ordering that "David Dunbarr do quitt the possession of all the said lands," and revoking H.M. Instructions of 27th April, 1730, to Governor Philips and Dunbar, relating to the settling of the lands between the Rivers Penobscot and St. Croix. The report of the Committee is upon the petition of Samuel Waldoe, of Boston, in behalf of himself and Elisha Cooke and others, and the petition of Sir Bibye Lake. The Lords of the Committee quote the opinions of the Attorney and Solicitor General, who were consulted by the Council of Trade, (11th Aug., 1731), and agree with them that the Charter of the Massachusetts Bay "doth still remain in force, and that the Crown hath not power to appoint a particular Governor over this part of the Province, or to assign lands to persons desirous to settle there, nor can the Province grant these lands without the approbation of the Crown, according to the Charter, and that the petitioners, their tenants or agents, ought not to be disturbed in their possession or interrupted in carrying on their settlements in the lands granted to them within the district in question" etc. They therefore advise H.M. to revoke the Instructions of 27th April, 1730, as above. Signed, W. Sharpe. Endorsed, Recd. 28th Oct., 1732, Read 4th May, 1733. 14½ pp. [C.O. 5, 875. ff. 61–68 v.]
Aug. 11.
Kensington.
347. H.M. Additional Instruction to Governor Hunter. Whereas John Ayscough, formerly President of H.M. Council in Jamaica etc. was, upon his being obliged to come to England for the recovery of his health, removed from his place in the said Council; but hath since been restored etc., and is now actually upon his voyage thither. But H.M. etc. having been graciously pleased to grant Robert Hunter Esq. his Governor etc. leave to return to this Kingdom, etc., upon receipt whereof the said Robert Hunter may possibly have left the island, and some other Member of the Council have taken upon him the Government, before Mr. Ayscough's arrival, order that in the case of the death or absence of Governor Hunter, Mr. Ayscough do take the Government upon him until Governor Hunter's return or H.M. further pleasure be known, notwithstanding any other Member of Council shall have taken the said command upon him etc. Signed, C.R.C.R. [Carolina Regina Custos Regni]. Copy. [C.O. 324, 36. pp. 365, 366.]
Aug. 11.348. Mr. Attorney and Mr. Solicitor General to the Council of Trade and Plantations. Reply to Queries concerning validity of laws of Carolina. We are of opinion that laws passed by the Governors appointed by the Lords Proprietors, and in their names, after the sale and before notice thereof arrived in the Province, are of the same validity as such laws would have been if they had been passed in like manner before such sale; But that any laws pass'd in the Proprietors' names, after notice of their having conveyed their interest to the Crown, are absolutely null and void. Signed, P. Yorke, C. Talbot. Endorsed, Recd. 18th Augt., Read 6th Bee, 1732. 1 p. [C.O. 5, 362. ff. 131, 132 v.]
Aug. 12.
Barbados.
349. President Barwick to the Duke of Newcastle. Encloses Minutes of Council 15th Feb.,—10th May, 1732; proceedings of Court of Chancery 8th July, 1730—18th April, 1732; act for limitation of actions and avoiding suits and securing peaceable possession of estates etc., and duplicates of Minutes of Council, 14th Sept., 1731–15th Feb., 1732, and of Treasurer's accounts 27th Nov., 1730–27th May, 1731; and of an act for laying a duty on wine etc. imported, and of act for the punishment of runaway slaves and of slaves who shall harbour them etc. Continues: These are all the papers I am able to get sent in from the several offices here to transmit by this conveyance, my Secretary has several times demanded the papers from the respective officers, having orders from me to call continually upon them etc., but neither the Clerk of the Assembly or the Clerk of the Courts of Common Pleas have rendered transcripts of the Assembly's Journals or of the proceedings of the Court of Common Law, neither has the Treasurer sent in his accots. They know I am forbidden by H.M. 30th Instruction to suspend any officer without the consent of at least seven members of Council, therefore render their papers as they please etc. Continues: The several forts and fortifications are in a ruinous condition and tho' Colo. Worsley and myself have reccommended them to the consideration of the Assembly they have made no repairs or concerned themselves in provideing for puting them into better order and as to all other things they stand in the same manner they did in Colo. Worsley's time no alteration being made therein since I came to administer the Government excepting two or three mattrasses belonging to some of the forts that have died and their places since filled up by me, a new Deputy Naval Officer admitted and a new Coroner for the parish of St. Michael. I shall endeavour to continue everything in the same condition it is in and deliver up the Government to the Lord How on his arrival in the best order I can etc. Signed, Samll. Barwick. Endorsed, R. 1st Jan. 22/3 pp. [C.O. 28, 40. No. 16.]
Aug. 12.350. Proceedings of Court of Chancery, Barbados, 8th July, 1730–18th April, 1732, referred to in proceeding. 25 pp. [C.O. 33, 27. No. 14.]
Aug. 12.
Barbados.
351. President Barwick to the Council of Trade and Plantations. Duplicate of preceding, mutatis mutandis, with addition:— As to any new manufactures or trade carryed on that any way affects the trade of Great Brittain, we have not any that I know but what you have had a particular accot, of transmitted to your Board with all laws that have been made. Signed, Samll. Barwick. Endorsed, Recd. 5th Dec, Read 23rd Feb., 1732. 3¼ pp. [C.O. 28, 23. ff. 50–51 v.]
Aug. 14.
Boston.
352. Governor Belcher to the Bake of Newcastle. Abstract. Since his letter of 10th July, has spent a month in the eastern parts of the Province, viewing the king's forts in George's river, Kennebec, at Brunswick, Winter Harbour and Saco River. Continues:—I went up Kennebec river about 20 miles above the fort, and so much further than there has been any English settlements, and up George's, ten miles further than the fort, or any settlement, and up Saco about 6 miles further than any settlement. Part of the travel I made in boats, and part by land, to get the better knowledge of the situation of the country. These rivers, My Lord Duke, all of them make good harbours for shipping, are full of many sorts of fish, and are near to the ocean for carrying on the cod-fishery, and are border'd with fine lands, plentifull of pines, white oaks, and other timber and woods; and this eastern part of the province, will, in time, make a noble addition to H.M. Dominions in America. I had, may it please your Grace, at Falmouth, in Casco Bay an interview and conference of 4 or 5 days with the several tribes of Indians in those parts, for ratifying the peace, and further to confirm them in their duty and allegiance to the British Crown. The Secretary is preparing a copy etc. Continues: Most of the forts in that frontier are fallen to ruin, and hardly anyways defensable, and which I shall lay before the Assembly of this Province at their next sitting, that they may be put into repair etc. Has received Additional Instruction, for Mass. Bay and N. Hampshire, forbidding any future duty on British ships or goods. Since a similar Instruction of 16 years ago, no such duty has been laid in this Province; but at N. Hampshire there has been a law subsisting for 10, or 12, years past, "which lays a duty of a pound of powder a tun on all shipping, but those of that Province, and I know no way to have that law repeal'd, unless the Assembly would do it, which I don't expect. But these Instructions shall be communicated to both Assemblies etc. Set out, Mass. Hist. Soc. Coll. 6th Ser. VI. 171. Signed, J. Belcher. 3 pp. [C.O. 5, 898. ff. 464–465.]
Aug. 14.
Boston.
353. Same to the Council of Trade and Plantations. Duplicate of preceding, mutatis mutandis. Signed, J. Belcher. Endorsed, Recd. 27th Sept., Read 3rd Oct., 1732. 3 pp. Enclosed,
353. i. Memorandum of Governor Belcher's Conference with the Indian Chiefs at Falmouth (v. covering letter). "Laid before the House of Commons and not receiv'd back." 1 p. [C.O. 5, 875. ff. 21–22 v., 23 v.]
Aug. 16.
Whitehall.
354. Mr. Bladen and Mr. Brudenell to the Lord President. The report of the Board of Trade to the Committee of Council of the 3rd inst., inclosing a copy of their Representation to H.M., being returned to this Office, and we being informed that your Lordp. did not apprehend it to be a proper answer to the Lords' Order of the 5th June etc., we thought it our duty to acquaint your Lordp. that the Board were led into this method of proceeding by a late precedent in their books, where the Lords of the Committee of Council accepted of a like report from this Board and proceeded upon it. The report we mean was etc. 27th March, 1729, in which the copy of a representation to the King was enclosed in lieu of a particular report etc. We are not at present a Board and have the honour to write yor. Lordp. this letter only as private gentlemen; But we are persuaded that if this method of proceeding should be thought improper, our Brethren will readily submit to your Lop's, better judgment and make a particular report to the Lords of the Committee etc. Signed, Martin Bladen, Ja. Brudenell. [C.O. 138, 17. pp. 371–373.]
Aug. 16.
Whitehall.
355. Mr. Popple to Governor Burrington. Abstract. Replies to letters of 1st July and 4th Sept. of the complaints he apprehends, only those by Mr. Porter have been lodged in this office. Encloses copies, and is also sending to Mr. Porter a copy of what the Governor has written against him, for their depositions and proofs which they are to interchange, before transmitting to the Board etc. (v. following) whilst withholding their judgment till then, the Board cannot help observing that Mr. Porter stands acquitted by the old Councillors, and only condemned by the new ones nominated by the Governor. As there is some doubt whether there were not seven Councillors still in the Province when he so nominated the new ones, their Lordships expect an exact account of this matter, by which it will appear how far he has obeyed his Instruction. He has no power to alter the rank of the Councillors placed by H.M. in the first article of his Instructions. He is therefore to restore them. The Board is of opinion that it might have been advisable for him not to have recommended so many things at once for the consideration or the Council and Assembly. His suggestion to the Assembly that they might as they saw occasion send deputations to advise with him is a very unusual practice. "You will do well for ye future, to avoid any such thing, as well as ye joining in any Conference, which the Council and Assembly may have together; as you have ye honour to represent to H.M. person, and as such, are one of the three parts of the Legislature of the Province, you have a negative on all their publick proceedings, and therefore cannot in ye least intermeddle in debating or voting in either Council or Assembly, or in any Conference between them." The Board cannot avoid observing his great irregularities in his commerce with the lower House, "particularly where you compare one of their Members to a theif, who to prevent his being discover'd, sets ye house on fire, and escapes in ye smoke. As every member of ye Assembly has undoubted right to propose, whatever he judges for the service of ye Province, this proceeding of yours looks too much like intimidating the members of ye Assembly, and therefore my Lords are of opinion, that a more cool behaviour in you, may not only be a good example to both houses, but may prevent any complaint against yourself on this head."—Replies to his enquiry whether the Receivers of H.M. quit-rents may accept an equivalent to Proclamation money, that he is steadily to adhere to his Instructions upon all occasions, and that therefore whenever any act be passed, it must be enacted that H.M. quit rents be punctually paid in Proclamation money. If it shall appear that there is not money sufficient to answer such payments, H.M. upon a proper application may agree to take an equivalent in the products of the Province. As to the Grand Deed of 1668, pleaded by the people against paying any higher quit rent than is paid in Virginia, it can only be understood as a temporary letter of attorney from the Lords Proprietors, revocable at their pleasure, as in effect, it was many years ago, when they directed their Governor Mr. Eden, to grant no land without reserving one penny pr. Acre. "However, as ye paying 4 sh. Proclamation mony pr. hundred acres, as well as paying all officers' fees in ye said currency, and registring all grants of land are by your Instructions made ye terms upon which H.M. has been graciously pleas'd to declare he will remit ye paymt. of the arrears of quit rent; H.M. Officers may soon have directions to collect ye sd. arrears, unless ye people do speedily think fit to comply with H.M. terms, which are calculated for their advantage, and for quieting them in their possessions." As to his dispute with the Assembly about appointing a Clerk of that House, they having taken no notice of the Governor's commission to Mr. Williams, but appointed him their Clerk by their own authority, the Board reminds the Governor of his 14th Instruction, not to allow the Assembly any greater priviledge than is enjoyed by the House of Commons, in Great Britain, where that officer is appointed by His Majesty. "You therefore must take care not to give up this point, wherein H.M. prerogative is concern'd." Asks for copies of his commissions to the Chief Justice and Assistant Judges, and for a report upon the power claimed by the Assembly of choosing a Public Treasurer, and Mr. Moseley's position. In answer to what he writes as to the allowance not being sufficient for holding Courts of Oyer and Terminer, informs him that whenever his Instructions mention money, Proclamation money is intended. As to the boundaries with South Carolina, they were thoroughly considered, and the Board is of opinion that he should put his Instruction into execution. When the Attorney and Solicitor General have made their report concerning the laws of the Province, the Board will be able to give its opinion upon the Act for biennial Assemblies. But so long as a doubt remains concerning the force of that law, he ought not to make any alteration in the Assembly; and whenever any alteration shall be thought necessary, it will be more proper to be done by an Instruction than by an act of Assembly. Proprietors of plantations gained to N. Carolina from Virginia, need not renew their patents, but only register them. As to his enquiry about warrants given in the time of the Lords Proprietors for taking up lands to the southward, upon which no patents have been issued, the Board desires a distinct account of that affair and list of such warrants etc. Set out, N.C. Col. Rec. III. 351. [C.O. 5, 323. ff. 54–59.]
Aug. 16.
Whitehall.
356. Mr. Popple to Edmond Porter. My Lords Commissioners for Trade and Plantations have received from you, and consider'd a Representation, and other papers, containing complaints of the proceedings of Capt. Burrinton, Govr. of H.M. Province of North Carolina, against you, as a Member of H.M. Council there, and Judge of ye Vice Admiralty Court; and have transmitted copies of so much thereof as concerns you in the capacity of Judge of Admiralty, to Mr. Burchet, for ye information of ye Lords Commission of ye Admiralty. I herewith send you by their Lordsps'. order, an extract of what Capt. Burrington has writ to them by way of complaint against you, at ye same time, I am likewise directed to transmit to him copies of your fore menco'ned Representation and other papers; and that my Lords may be enabled to make a judgment of the true state of this affair, I have by their command, acquainted him that their Lordships expect he should return to them such depositions and proofs in his own behalf, as he should think convenient, giving you at ye same time full liberty, or any other persons concern'd, to make affidavits before any judge or other magistrate, of what they know concerning ye subject matter of ye sd. Complaints, and that such judge or magistrate be likewise injoyn'd to summon such persons, as the complainants respectively shall name, in order to give their testimony in this affair. Mr. Burrington is further directed, to interchange with you, true copies of the proofs and affidavits, so soon as they shall be made, which you are likewise to observe on yor. part and that twenty days be allow'd to make his, and yor. reply; by affidavits or otherwise, to be in like manner interchangeably communicated to each other, and afterwards transmitted hither without loss of time. [C.O. 5, 323. ff. 59 v., 60.]
Aug. 23.
Whitehall.
357. Mr. Popple to Governor Philipps. Encloses copy of Col. Hart's petition for some land in Nova Scotia, "upon which my Lords desire your opinion as likewise your answer to the following questions etc.
1. Whether the tract of land petitioned for by Col. Hart is at present inhabited?
2. Whether a settlement there would be of service to the Province and
3. Whether it may be for the King's service to grant it in the manner desir'd. [C.O. 218, 2. p. 255.]
Aug. 24.
Whitehall.
358. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before Her Majesty. Autograph signatures. 1 p. Enclosed,
358. i. Same to the Queen, Guardian of the Realm and H.M. Lieutenant within the same. In obedience to H.M. commands, 21st July last, represent that, We have been attended by Mrs. Jones, etc., and have likewise made enquiry concerning her, of several persons engaged in the trade to Virginia, from whom we learn that Mrs. Jones does bear a fair character in that Province, and that she hath lived many years in Major Fitzhugh's family, agreeable to what is advanced in her memorial. We beg leave upon this occasion to represent to your Majesty, that it is the general opinion of all persons who have resided in Virginia or traded thither, that in all probability there may be very valuable mines in the mountains of that Province; But with respect to the particular mine which is the subject of Mrs. Jones memorial, the description she has given of it, is conceived in such loose and general terms, that we do not find ourselves sufficiently warranted to advise that any measures shou'd be immediately entered into thereupon; except that it may be proper that your Majesty's orders should be transmitted to H.M. Lt. Governor of Virginia, to make the best enquiry he is able into the allegations of Mrs. Jones's memorial, and transmit an account thereof to us, from which we shall be enabled to make a further representation to your Majesty upon this subject. Autograph signatures. 3 pp. [C.O. 5, 1344. Nos. 8, 8 i.; and 5, 1366. pp. 89–91.]
Aug. 25.
Frodericks
Fort.
359. Col. Dunbar to Mr. Popple. Haveing had an oppertunity from hence by way of Dublin I did myself the honour to write to ye on the 9th of July, since which Governour Belcher in H.M. ship Scarborough passed by and landed at Georges River to ye eastward of this place and thence returned to Casco to meet the Indian tribes as I mentioned in my last; about 130 of them from Penobscot called here goeing and comeing; I made hard shift to entertain them and to give them some provisions for their voyage; they were better pleased than I expected, but put me in mind that they told me they expected some presents, several of them sayd that Governor Belcher told them I had no busyness here and should soon be ordered away, but notwithstanding his presents I am sure I have a better interest with ye Indians than the Massachusets people. I have been long in hopes of receiveing some letters from the Offices but have the mortification to be disappointed, haveing received not one publique letter since yours with the Commission for New Hampshire, but one from you of ye 17th of November last, promising H.M. determination upon the disputes between Governor Belcher and me, but I am not so happy yet as to know anything of that matter, without which I cannot go to New Hampshire; that honest little Province suffers much in many things, besides the encroachments from their neighbours, but as they have sent home a gentleman from their House of Representatives with the like character as Mr. Belcher carried to England, he will lay their grieveances before my Lords, so that I need say no more of them, than that I would serve them if I could. The small addition to the party from Governour Philipps's regiment, promised me by Collonel Armstrong in Aprill last is not yet arrived, and as they were ordered from Canso, it is possible they may be countermanded upon a report from thence of six French men of warr at Lewisburg on the Island of Cape Britton, full of Jews to settle the Island of St. Johns in Bay Verte on the back of the bottom of the Bay of Fundy, which is already planted onely with French, who will supply and maintain this new intended settlemt. of St. Johns with bread, corn and live cattle if not prevented, as I proposed against Cape Britton in some of my former letters; the French encroaching on our fishery and thus spreading themselves (in my opinion) upon a place not belonging to them, may be worthy of consideration; I think I complained that the French Governour at Quebeck takes upon him to give commissions to the Indians in this country and makes them believe that they and the French men settled among them are subjects of France; he may perhaps deny this, but I myself had in my hand and read a Commn. from Mons. Bournchois the present Governour of Quebeck, dated 7 ber last to the Chief of the Penobscot tribes, as such, and enjoyning obedience from the rest, accordingly this may prove of dangerous consequence in time and I dare say that Governour Belcher does make the same representation with me, about ye Commission, and that the said Indian Chief in vertue of it carryed a white flags in his cannoo even before H.M. Ship Scarborough who I hear made the Indian strike that flag; in some of my former letters I told you that several French men are lately come from Canada and settled so near this place as Penobscot they can pretend to noe right there tho' by the Treaty of the late Queen's peace the then French inhabitants in Nova Scotia are to enjoy the lands they possessed, which they will suppose to include all Nova Scotia, for their numbers increase fast, and settle the lands claimed by them; so that it is impracticable ever to make any English settlements near Annapolis or about the Bay of Fundy because all the land yt is good for anything is in the French's possession or claimed by them. General Philipps is in London I presume he can vouch the truth of this and that some of them even demand a rent for the grownd on which the Fort of Annapolis stands. I would have been better able to have given my Lords Commissioners an account of the French settlements in those parts if I had had a vessel to attend me, I can do little of what I would endeavour, without one, but that service will be reserved for some man of better interest. I would also try to keep this side of Penobscot under H.M. subjection if I had that vessel, the soldiers that must unavoidably be here, if this settlement goes on and a few presents for the Indians; this proposed expence is a trifle in comparison of a warr with them and I believe one of them must be; and if I am not thus enabled to do the duty required of me, it is really to very little purpose to continue my imployments. As to the woods, my deputys and I meet with so much discouragement from the Judge of Vice-Admty. as encourages the loggers, who treat us with scorn. I have so often mentioned this that I am unwilling to say more upon it. I have long been in hopes of a new Act of Parliament for preservation of the woods, and proposed some amendments to ye last, I would beg leave to refer to my letters not haveing any assistance, nor able myself to keep copys of them, and that makes me too often make repetitns. of my letters; I now beg leave as well as I can recollect, that in some of them I represented that tho' ye onus probandi lyes upon the claimer of the loggs, the proof as to the time when cut, lyes upon the King's Officers, and as the woods are very extensive, it often happens that numbers of trees cut down are not discovered sometimes in a year, and then all penaltys are evaded. Imprisonment of offenders is no longer for 100 or any number of trees than for one, and by ye Advocate General's opinion sent home upon Norris's case real estates are not lyable to fines, and if they were they evade the law by sham conveyances. The best place to seize logs, is at the mills, but when they are there it is impossible for the officers to prove when they were cut, nor whose they are, therefore the time as well as place should be proved by the owner of the mills, or the logger, if he can be discovered. All saw mills, and the owners names, scituation of the mills, and loggers' marks on their logs, should be registerd, and such owners of mills made lyable to the prosecuted as aiding and assisting in cutting or destroying trees or changing their registerd marks, and if among the penaltys, the forfeiture of the saw mill to H.M., with power after such forfeiture to pull it down or burn it was made one, it would terrifye the owners more than pecuniary penaltys, and that no mill shal ever, or in a long term of years, be built in, or near ye same place. A power to seize boards or planks at the mills, or place of shipping, or on board any vessel at or near the place of shipping, until due proof be made of the logs being cut within the meaning of the Act. I believe I have proposed some other expedients wch. may seem harsh, but my experience has convinced me that ordinary remedys will never avail against such evils as are everyday practised; the people openly shew all the contempt in the world to the King's officers, and well they may, when they are to be tryed by their own friends equally as guilty as themselves, as the present judge is interested wth. Doctor Cook in mills on Saco River. In several of my letters I have represented that the undertaker for the masting has and does carry on a greatr. lumber trade than any man in N. Engld. He has 5 mills and continually at work; his lycence for cutting masts, directed to me, comds. that I suffer him to cut no more nor no other trees than what are mention'd in the contract, yet when I have forbid him he complain'd yt. I hinder the King's Service, and he is better heard at home than I am. Among other irregularitys I refer to the following copy of an original in my hands, vizt. "This is to give publique notice to all persons that there is to be sold by me the subscriber at an outcry at the house of John Phinney, a certaine pine tree on the first of March next, said tree was delivered to the subscriber by Collo. Thomas Westbrook to pay said Westbrook's rates. Signed, Robert Maynes. Falmouth in Casco Bay, Febry. 9th, 1731." One of the persons imployed by me to look after the woods in the absence and sickness of some of my Deputys, seeing the said advertisement, pulled it down, seized the tree, and delivered it to Collonel Westbrook, as appears by the return he made to me of his proceedings, a copy whereof follows vizt. "Falmouth, February the 26th, 1731/2. The above mast tree was 34 inches diameter in the partners, 104 feet long, which was seized for H.M. use, in order to deliver to the Contractors. Signed, Pr. John Coy, Dep. Surveyr." Accordingly the said tree was received and shipd in board the New Hampshire mast ship and sent into England in part of the contract. It is hard upon me to see things done or suffer 'em contrary to H.M. express comands to me, and to complain of it without any answer; in my humble opinion no man concerned in masting should be interested in said mills, nor any man so interested be either Judge of Admiralty, nor in any power, not even in the Commission of the Peace, because their authority encourages others to transgress. I see with pleasure that the House of Commons are upon entring on the consideration of the state of the Plantations in their next Session, New England particularly deserves their care, and I hope they will want noe informations to bring that growing country under a just obedience to the Crowne, I could wish it were my fortune to be in England at the same time. Since I sent you a printed paper, they have at Boston printed a letter which is said to be taken from an English print, relateing to the makeing hatts in America, and it is industriously whisperd about, that I am the author of it, I did not want such help to make me odious to the Comonality in New England, and really after it, it will be not very safe for my brother or me to appear among them; I am however glad to see that that letter has produced an Act of Parliament, which I believe will be renderd ineffectual by their sending wool and beaver and workmen to the Plantations where hatts have never yet been made, and to shew to my Lords how those people would blindfold the world, I send you one of their newspapers, on wch. their Lordships may remark; a good Surveyor General of the Customes would be able to checque their proceedings, but he will want ye countenance of unbyassed Governours; in his district he will be able to make discoverys worthy of notice, but after all, in my opinion, english acts will require english hearts and hands to enforce ye observance of them; it is incredible to see how little notice is taken of them here, I have heard Collonel Byfield the Judge of Vice-Admiralty say publickly on the Bench that the Act for preservation of the Woods was very severe and hard upon the people, and he confirmed his opinion by decreeing costs and awarding execution against the King's Officers, which was never done in England. The Deputy he made at New Hampshire is bed-rid, and I am told never will recover, he is also one of Mr. Belcher's new recomended Councillrs., his name is Gambling, and upon his incapacity Judge Byfield deputed Mr. Waldron, who refuses to act, so that no tryals can bee in that Province, I believe Mr. Waldron's refuseing to act, is his opinion that Mr. Byfield had no power of deputation, as he never produced any Commission or quallifyed himself, as the Law directs, within that Province; I complained of his neglect and refusal to do soe this time twelve months, and of his abuseing me in open Court when 1 put in him in mind that it was necessary and against the King's instructions to permit him or any officer to act, till duely qualifyed by takeing the oaths required by Act of Parliament, but I have had no notice taken of that complaint; I am the more uneasy for want of letters because Mr. Waldo and his friends give out fresh reports in disfavour of this settlemt. and say that Mr. Wilks wrote he would p. next ship send an order for my withdrawing from this place, and dispossessing the new settlers; for my own part I give no credit to such reports, but it strikes such a terrour into the poor people, and discourages others to come, that I cannot help being concerned at it. I will not take up more of your time now and my little stock of paper wch. I brought with me being just consumed; if I write soon again, I must make use of bark of trees; but I hope if some be not sent me, I shall be enabled to purchase some at Boston, I want all necessarys as well as paper, I do not mean for writeing, but for liveing and I have a great dependance on the recomendation of my Lords Commissioners for some allowances to discharge my incumbrances in this country. I beg you will lay this before their Lordships with my humble duty and earnest petition for their friendly offices. Signed, David Dunbar. Endorsed, Recd. 10th Oct., 1732, Read 5th Sept., 1735. 9½ pp. [C.O. 217, 7. ff. 130–134 v.]
Aug. 29.
London.
360. Governor Philipps to the Council of Trade and Plantations. Reply to Queries, 23rdinst. (v.No. 357). Abstract. Thinks the petition reasonable, (i) The tract is not at present inhabited, (ii) It would apparently be for the service of H.M. that a grant shou'd be made, because the King would receive a quit-rent, instead of no benefit, as at present, (iii) It would be of very great service to the Province, for the tract of land serves now as a place of rendezvous for the Eastern and Western Indians, where they consult to do all the mischief they can to H.M. subjects in those parts. Signed, R. Philipps. Endorsed, Recd. Read 29th Aug., 1732. 1 p. [C.O. 217, 6. ff. 98, 103 v.]
Aug. 29.
Kensington.
361. Warrant [by H.M. the Queen etc.] for affixing the Great Seal to the commission of Samuel Mead, Commander of the ship Royal Carolina to seize pirates in the ports, and upon the coasts and seas of the Spanish West Indies etc. Countersigned, Holles Newcastle. Copy. Annexed,
361. i. Capt. Mead's Commission. Copy. [C.O. 324, 36. pp. 368–372.]
Aug. 31.
Whitehall.
362. Council of Trade and Plantations to the Committee of the Privy Council. Representation or petition of Col. Hart, referred 25th July. Continue:—We have no objection to that part of this petition wherein an exemption from quit rents is desired for the space often years, the like encouragement having formerly been allowed by His Majesty in other grants; but as to what regards the amount of the Quit rent which shall be reserved to the Crown after the expiration of ten years, we cannot advise that it should be the same with that at present paid in Virginia, for altho' the quit rent in this last mentioned Province is no more than two shillings p. arm. upon a hundred acres of land, yet there is likewise a duty of two shillings payable to His Majesty upon every hogshead of tobacco exported from Virginia, which is a very considerable addition to the King's Revenue there. And as it is very uncertain whether the product of the intended settlement may at any time hereafter be able to bear a duty of this kind, we are of opinion that the quit Rent to be reserved from the lands which shall be granted in consequence of this petition should be three shillings p. annum for every hundred acres. And to prevent disputes that may hereafter arise in case any former titles should be set up to part of the lands contained in the district petitioned for; we would humbly submit to your Lordships whether it may not be proper that Coll. Philipps, or the Lieutenant Governor of Nova Scotia for the time being in his absence, should be directed to insert in the grant to be made a general saving clause for all previous rights. [C.O. 218, 2. pp. 256–260.]
[Aug.]363. Anne Jones, widow, to the Queen. Having come from Virginia with a loyal and sinceir intention of being serviceable to her King and Country by making a discovery of a silver mine etc. (v. 21st July) is now told she must await an answer from Virginia etc. (v. 24th Aug.). Has been at very great expence, and has sold the best of her clothes to pay for her passage and charges etc. Prays for some relief. 1 p. [C.O. 5, 1344. No. 9.]
[Aug.]
Kensington
364. Draft of a Circular Letter to the Governors of Plantations. My Lord Baltimore, Governor of Maryland, intending shortly to make a voyage thither, the Queen has directed his Lop. to inform himself in the best manner he can, of the present state of H.M. Colonies on the Continent of America; and it were to be wisht that you could conveniently have a meeting with his Lop., to whom you will in that case freely communicate whatever you shall think proper to be laid before H.M. for his information, and anything else that you may have to propose for H.M. service and the advantage of the Province under your Government. Endorsed, Not used. In Mr. Delafaye's hand. [C.O. 5, 1086. ff. 54, 55 v.]