America and West Indies
September 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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204-221

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'America and West Indies: September 1732', Calendar of State Papers Colonial, America and West Indies, Volume 39: 1732 (1939), pp. 204-221. URL: http://www.british-history.ac.uk/report.aspx?compid=72633 Date accessed: 21 April 2014. Add to my bookshelf


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Contents

September 1732

Sept. 5.
Kensington.
365. Warrant [by H.M. the Queen, Guardian of the Kingdom etc.], appointing Theodore Atkinson to the Council of New Hampshire in the room of Joseph Smith Esq., who does not reside within the said Province. Countersigned, Holles Newcastle. Copy. [C.O. 324, 36. p. 367.]
Sept. 5.
Kensington.
366. Warrants by H.M. the Queen etc. appointing Benning Wentworth and Joshua Peirce to the Council of New Hampshire to fill two of the four vacancies etc. Countersigned, Holles Newcastle. Copy. [C.O. 324, 36. pp. 372, 374.]
Sept. 5.
Whitehall.
367. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before Her Majesty. Autograph signatures. 1 p. Enclosed,
367. i. Same to the Queen, Guardian of the Kingdom etc. Representation of address and petition of Governor Jencks and other inhabitants of Rhode Island (v. 9th Dec., 1731). Quote opinion of the Attorney and Solicitor General, supra, that the Crown has no discretionary power of repealing laws made in that Province, but that the validity thereof depends upon their not being contrary to the Laws of England etc. Continue: This being the opinion of the Attorney and Solicitor General etc., we do not at present see in what manner your Majesty can apply a remedy to the grievances complained of etc. It is evident on the other hand, that if the acts pass'd in the Assembly of Rhode Island can only be vacated by their containing something immediately repugnant to the laws of Great Britain, a very wide field is left open for enacting many things contrary to good policy and highly prejudicial to H.M. subjects, altho' they may not be so far inconsistent with the laws of this Kingdom as to admit of a reversal for that reason only etc. Quote opinions of Attorney and Solicitor General upon Governor Jencks' three Queries (v. supra). Autograph signatures. 5½ pp. [C.O. 5, 1302. ff. 12, 14–16 v.; and 5, 1294. pp. 57–62.]
Sept. 6.
Whitehall.
368. Council of Trade and Plantations to the Committee of the Privy Council. In reply to 25th July, enclose following,
368. i. Draft of H.M. Additional Instruction to Governor Johnson, requiring him "to give all due countenance and incouragement for the settling of the Colony of Georgia" etc., and enclosing copy of Charter to be entered upon record etc. [C.O. 5, 401. 50–53.]
[Sept. 6.]369. Mr. St. John to the Council of Trade and Plantations. The case of the patents granted to the Landgraves and Cassiques in South Carolina. The late Lords Proprietors granted to divers Landgraves and Cassiques upwards of 800,000 acres, mostly before 1700. The patents were granted secundum tenorem fundamentaliam nostrarum constitutionum, according to which no Landgrave or Cassique had power to alienate or sell his barony (12,000 acres) after the year 1700. Not 10,000 acres of land were taken up or ascertained in the lives of the first patentees, but the said patents laid neglected till H.M. in 1721 took the Government of S. Carolina provisionally into his hands. At which time the heirs and assignees of the said Patentees made use of these patents and got into their hands vast quantitys of land etc. When the Lords Commissioners for Trade had under their consideration the settlement of Carolina they caused one of these patents granted to Sir Nathaniel Johnson, father of the present Governor, to be laid before H.M. Attorney and Solicitor General, who reported that it was absolutely void in law. This opinion was delivered together with the patent to the said Governor by the Lords of Trade. Notwithstanding which opinion the Governour, Council and Assembly passed an act, 1731, for remission of arrears of quit-rents, whereby amongst other things it is enacted that every person now possessed of any lands, tenements etc. whatsoever in S. Carolina by and under any original patents etc., shall from henceforth quietly and peaceably hold and enjoy the .same etc., etc. If this act is confirmed it will be very prejudicial to H.M. interest, a great hindrance to the settling and strengthening the Province, and will tend very much to the disquiet of the inhabitants etc. (i) on these patents the Lords Proprietors reserved three several sorts of rent, on some a pepper-corn rent, on others one shilling per 100 acres, and a third sort was at a penny per acre, which rent of a penny per acre is reduced by the abovementioned act to 3s. 4d. pr. 100 acres. Now admitting that a third of the 800,000 acres are held at a pepper-corn, another third at 1s. pr. 100 acres, and the remaining third at 3s. 4d., the annual rents will not amount to £600 Proclamation money. If the same quantity of land was held under the Crown at the quit-rents now settled they would yield to H.M. £1600, so that, this act takes from the King at least £1000 etc. Much the least part of the patent lands are actually held at 3s. 4d. etc. (ii) A second very great inconvenience will arise to the Crown, for that the lands taken up and claim'd by these patents were never return'd or recorded in any public office etc., so that it hath been in the power of the patentee to take up an indefinite number of acres etc. If a proper inquiry was made it can be proved that some of the patentees have sold double the quantity of acres granted by their patents besides what they themselves hold. And at other times that they have taken up pine land, and when they have worked up all the lightwood into pitch and tarr they have thrown up the pine and taken planting land in the room of it. And this act is artfully calculated to avoid the discovery of these practices by confirming titles to land taken up under patents by the survey of a sworn Surveyor, or certifyed into the Surveyor General's Office disjunctively. So that they make use of old surveys made in the time of the Lords Proprietors, very often formed from imperfect field works that have laid by for many years, and which they never return into the Surveyor General office, to be examined and certifyed. A third very great inconveniency will arise from confirming these patents, for that the patentees under colour of them have run out very large tracts of land on the frontiers near Port Royal and having taken up those lands chiefly between the time of H.M. purchase and the arrival of his Governour in Carolina, they have secured to themselves the fronts of the navigable rivers and picked out the choicest lands thinking themselves absolved from those rules laid down by H.M. Instructions etc. (only ¼th part of each tract to be on a navigable river). By this means newcomers are obliged to take up the poor and back lands or to purchase of the patentees at exorbitant prices. H.M. by his Instructions for strengthening the country has been graciously pleas'd to direct that no person shou'd have more land than he is able to cultivate (to wit) 50 acres to each person, but by confirming these patents, H.M. intentions will be defeated, several of the patentees holding from 12 to 48,000 acres, which they have thus ingrossed with no other view than to sell them out at extravagant rates, The whole number of patentees are not above 30 persons, who by the sale of these lands will raise very large summes, and their private commodity and advantage is preferr'd by this act to the prosperity and welfare of the whole Province. The misfortunes arising from the establishing of these patents is yet more extensive from the sufferings of a number of poor people who have made small settlements and improvements and ventured their lives on the frontiers since the Indian warr in expectation of obtaining titles when they were to be granted, and now since H.M. purchase, when they have made their application that they might become tenants to H.M., they have found their lands run out by the patentees either before or since H.M. purchase, and they cannot for their reason obtain H.M. grants. And there are actually now several ejectments depending in the courts of law brought by the patentees to turn these poor persons out of their possessions, to their utter ruin and to the weakning of the frontiers etc. For the reasons abovemention'd several persons have actually remov'd from the parts adjacent to Port Royal, and more are daily removing, and if it was not for H.M. Independent Company garrison'd there, 'tis believ'd those parts wou'd be intirely deserted. Signed, James St. John, Surveyor Genl. of South Carolina. Endorsed, Recd, (from Mr. St. John) 6th Sept., Read 6th Dec, 1732. 4 large pp. [C.O. 5, 362. ff. 134–136 v.]
[Sept, 6.]370. Same to Same. Observations on the proceedings of the Governour, Council and Assembly of S. Carolina concerning the granting of H.M. lands and the payment of H.M. Quit-rents (v. April 6th). With copies of report by Mr. Whitaker and several memorials by Mr. St. John thereon. Endorsed as preceding. 16 large pp. [C.O. 5, 362. ff. 137–138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 151 v.]
Sept. 6.
Whitehall.
371. Council of Trade and Plantations to the Committee of the Privy Council. Duplicate of representation to King, Aug. 3, mutatis mutandis (of. Aug. 3 and 16 supra). [C.O. 138, 17. pp. 374–378.]
[Sept. 13.]372. [Mr. Ochs] to the Council of Trade and Plantations. As yr. Ldsps. were pleas'd to appoint the 1st of February last for a hearing att ye Board of the objections which the Lords Baltimore, Fairfax, and the Proprietors of Pensilvania had to form against the settlement beyond the mountains of Virginy, it will be judg'd equitable to admit an answer to their complaints, which were elevated to a high degree etc. Petitioners had not the least intention to deprive them of a hand's breadth of land comprehended in their grants etc. Though for brevity sake the petition was in general terms for the wast land lying behind the sayd mountains, yet was accompanyd with a map impartially drawn etc., in which they particularly avoyded to come near the borders of the Lords Proprietors, and as they judged that Pensilvania did reach farthest west, they took care to allow the full length thereof, and to petition only for that land which lay beyond their limits westward etc. Argument as to limits of Virginia, Maryland and Pennsylvania. No date or signature. Endorsed, Recd, (from Mr. Ocks), Read 13th Sept., 1732. 22/3 pp. [C.O. 5, 1323. ff. 41–42 v.]
Sept. 13.
Whitehall.
373. Council of Trade and Plantations to Governor Hunter. Acknowledge letters etc. of 15th and 20th Bee, 1731, 5th and 6th Jan., 19th Feb., 16th and 28th March, 14th April, 1st June, and 3rd July, 1732. Inform him of Representation of 6th Sept., concerning duties on negroes. Continue: What H.M. determination may be thereupon we don't yet know. However, we can't help observing that it was somewhat unlucky that you had not received a copy of our Representation upon which that Instruction (v. 10th Dec, 1731) was grounded, because we imagine you would not have given your assent to any act in direct opposition to an Instruction that we had proposed should be sent to you. We are glad to find by your letters that the two Independt. Companies have been compleated from the two Regiments which have been lately broke in Jamaica, and that your parties have had such good success against the rebellious negroes wch. we hope may have a good effect, towards reducing the remainder to obedience. But we should have been well pleased to have received more distinct advices from you from time to time concerning the parties sent out against the rebel slaves, and that you would have sent us the same accounts you transmitted to the Duke of Newcastle and to the Secry. at War, the want of which advices has been the reason that we could not well tell what to write to you upon that subject, and has occasioned some delay in our answer to your letters. Mr. Pusey having formerly been left out of the Council of Jamaica for being in jayl, we desire you will let us know the present condition of that gentleman etc. [C.O. 138, 17. pp. 378–381.]
Sept. 13.
Whitehall.
374. Same to the King. Propose Henry Dawkins for the Council of Jamaica, in place of Alexander Henderson, decd., etc. [C.O. 138, 17. p. 382.]
Sept. 13.
Whitehall.
375. Council of Trade and Plantations to Lt. Governor Pitt. Acknowledge letters etc. of 12th Dec, 1730, 27th Jan., and 4th Nov., 1731 and 11th March, 1732. Inform of representation and order concerning additional salary in lieu of whale licences (v. 7th Dec, 1731), and of representation upon need of a ship of war and an Independent Company. Continue:—We presume before this time, that Company is returned to you. But we yet know of no directions relating to the stationship for the islands under your Government, and apprehend there may be great difficulty in obtaining one. [C.O. 38, 8. pp. 167, 168.]
Sept. 13.
Whitehall.
376. Council of Trade and Plantations to Lt. Governor Gooch. Acknowledge letters etc of 10th July, 1731, and 30th March and 27th May last. Continue: We observe by your letter of 30th March, that you have already allow'd some people to begin settlements, on the western side of the great mountains, upon a presumption that, that part of the Continent, is not encluded within any of the grants made to the Lords Baltemore, and Fairfax, or of that to William Penn; and you very justly point out the advantage that may accrue to H.M. Plantations on the Continent, from such settlements, as they will prevent the French from making themselves masters of the great Lakes on the back of your Government. But as the Proprietors beforementioned have laid in their caveats against any grant to be made here of a tract of land in that neighbourhood for which a petition was some time since presented to H.M. and by him referred to us, we thought it proper to send you a copy of that petition upon which we have proposed to H.M. that the several bounds of the said Proprietors' grants be particularly ascertained by Commrs. to be appointed by them and the Colony of Virginia, before we can advise H.M. to grant the prayer of the said petition. We therefore send you a copy of our representation upon this subject, and of the objections to the claims made by the said Proprietors, and desire you will, as soon as conveniently may be, let us have your opinion upon this whole matter. Enclose copy of Mrs. Jones letter etc. and ask for information as to the truth of it (v. 24th Aug.). Continue:— We are told that this mine is at the Sucquehannah River, and that Dr. Watkins, who lives with one Jos. Smith in King and Queen County, Jos. Smith a chemist, Colo. William Beverly, Col. More in Carolina County, and Capt. Hawkins of North Carolina, are all concernd in this mine. You are therefore to send us the best account you can get of this affair, and as soon as possible. We are very glad to learn from you that the tobacco law has had a good effect, and we hope from your prudent management, a continuance of it. Tho' this was a point which was very much contested here, and we only advised H.M. to let that law lye by probationary upon the confidence we had in your judgment upon it. So we bid you heartily farewell and are your very loving and humble servts. etc. [C.O. 5, 1366. pp. 92–94.]
Sept. 16.377. Memorial and remonstrance of Nathaniel Rice Secretary, and John Baptista Ashe two of the Council, and John Montgomery Attorney General and Deputy Inspector and Controller General of H.M. Province of North Carolina, to the Duke of Newcastle. Abstract:—Offer their reasons for taking this method of representing the state of the Province etc.—Governor Burrington, conscious that his proceedings have been most arbitrary and illegal, has used his utmost endeavour to prevent a true state of this Colony being exhibited to his Majesty, not only by refusing to call Assemblys, whereby the people might remonstrate in a Parliamentary way, but also by his arbitrary acting and artful management in Council, in concert with a few members of his own apointment, and by means of a Deputy Secretary a creature of his, etc., he has so mutilated, alter'd, perverted and misrepresented things in the Journals of the Council, that scarce any affair transacted at that Board appears in a true light etc. They therefore represent, and pray to his Grace to represent to H.M., (i) His arbitrary exercise of power respecting proceedings in Council, and (ii) relating to the Courts of Justice, (iii) His arbitrary proceedings relating to the disposition of the King's lands, (iv) His disrespect to and insulting and abusing the King's Officers and others, (v) His illegal and arbitrary actions relating to the extorting moneys from the King's subjects. In support of these charges, the memorialists allege that the Governor has assumed the power of acting and voting as a Member of Council, distinct from his power of Governor, and altered and rased bills on their readings in the upper house without consulting the Council, particularly a bill appointing circular Courts. When objection was raised, he flew into a passion etc. He left out of the Journal an order of the Council appointing Justices of the Peace and substituted another when only three members were present. He appointed Mr. Lovick and Mr. Gale to the Council on a pretended emergency, two only being present and one of them objecting that it was contrary to H.M. 7th Instruction etc. He has exhibited charges in Council against certain gentlemen, compelling them to travel 200 miles in winter to answer them, and refused to enter their answers in the Journal, thereby preventing several arbitrary and illegal proceedings of his, in such answers set forth, coming to the notice of His Majesty. Such were the cases of Maurice Moore, Jno. Porter, Edwd. Moseley, Jno. Bapa. Ashe. On receipt of a private copy of Mr. Smith's complaint to H.M., he has examined witnesses ex parte in Council and abused those refused to stand such an inquisition, calling them rogue and rascal etc. (ii) As to the Courts, he has made Chief Justice a man whom he described as the greatest rogue in the country, and who is unskilled in the law and in all respects unqualified, and four Assistant Justices, one of whom can neither read nor write etc. He frequently appears in the Courts to influence them, openly directing the Court etc. He has forbidden the General Court to admit any person to plead there but such as shall obtain his licence, although there is no law requiring such a licence. When Mr. Moseley defended some persons indicted by his means, he came down out of the gallery, where he and his Lady appeared to influence the Court and Jury, and ordered him to be committed to prison. On another occasion he also ordered him to gaol on his verbal order, and also Dr. George Allen, declaring that he has power to commit any person to prison without cause shewn for twelve hours etc. Mr. Moseley has practised near 20 years, has been five or six times Speaker and a Member of Council and Surveyor General etc. He insults and abuses the Attorney General and consults his favourite, William Little, on all occasions relating to the King's business, though there are many notorious complaints against him for injustice done etc. Claiming some lands for which Mr. Porter had a patent and on which he had built, he burned his tenant's house etc. He seized seven negroes brought into Cape Fair River and sold to sundry persons, on the report that they were stolen from the Spaniards, set them to work on his own plantation, and refused to restore them when the Governor of St. Augustine applied for them. The inhabitants of Cape Fear River dread reprisals by the Spaniards, there being no protection for that young and exposed settlement etc. (iii) He makes grants of lands in undue proportions without consulting the Council, and exacts 2s. 6d for every acre he signs for, which he required to be paid in silver or gold, which can only be procured at double or treble its value in currency etc., so that people cannot take up their lands etc., or are thrown out of possession to the detriment of the King's revenue and the settlement of the Province. Cases quoted, (iv) He insults the King's Officers. Cases of Mr. Smith, Chief Justice, and Mr. Porter, Member of Council, and the Attorney General, quoted, (v) He extorts money, as in the case of fees on foreign deckt trading vessels, causing his Secretary to demand £13 15s. in paper currency instead of £3 6s. paper currency fixed by the Act for ascertaining Naval Officer'& fees etc., pretending that it is H.M. commands that all officers' fees be paid in silver money etc. The badness of the inletts is discouraging enough to merchants, but the increase of fees, amounting to 8s. per ton on vessells trading to the Province, is so very extravagant that merchants of New England and elsewhere have forborn trading hither etc. Quote a case of extortion from a poor old man, Lewis Johns, threatening to have him tried again for manslaughter, after he had been acquitted. He exacts £5 instead of 20s. paper currency fixed by act of Assembly for marriage licences, and grants them without enquiry or security, exposing them to sale at public houses etc., so that many young people are married without their parents' consent etc. Pray His Grace to represent these matters to His Majesty etc. Set out, N.C. Col. Rec. III. p. 356, etc. Signed, Nathaniel Rice, Jno. Bapta. Ashe, John Montgomery. Endorsed, R. 11th Jan. 12 large pp. [C.O. 5, 306. No. 22.]
Sept. 16.378. Same to the Council of Trade and Plantations. Duplicate of preceding, mutatis mutandis. Endorsed, Recd. 10th, Read 16th Jan., 1733. 11½ pp. [C.O. 5, 294. ff. 29–34 v., 35 v.]
[? Sept. 16.]379. Same to Same. Memorial similar to preceding. Endorsed, Recd. 15th Feb., Read 3rd April, 1733. 21 pp. [C.O. 5, 294. ff. 55–65 v.]
Sept. 17.
Whitehall.
380. Mr. Popple to [Mr. Fane. Encloses for his opinion 8 Acts of the Massachusetts Bay, (i) granting to H.M. several rates and duties of impost and tonnage; (ii) further to exempt persons called Quakers from being taxed for support of Ministers;] (iii) for payment of the Members of Council and Representatives; (iv) to prevent persons concealing the small-pox; (v) in further addition to an act for the relief of idiots etc.; (vi) authorizing Commissioners to determine the western boundary of that part of this province, formerly the Colony of Plymouth, and the Colony of Rhode Island adjoining; (vii) for supplying the Treasury with £3,800 for the payment of Frans Wilks as Agent etc.; (viii) for making a new town in the county of Worcester, by the name of Dudley. (Parts between square brackets represent the Editor's conjectural restoration of a page missing from MS. book.). [C.O, 5, 917. p. 67.]
Sept, 18.
Now York.
381. Governor Cosby to the Council of Trade and Plantations. I have the honor to aquainte your Lordsps. of my arrivall to this place, the Assembley is now asitting, so soon as they are upp, I will not faile by the first shipe that goes for England to send all the acts etc. Has just received their letter with a copy of Capt. Burrington's. Concludes: I will imediatly write to ye Commissioners for the Indian afairs to consult with ye five nations in order that they may interpose, and will doe every thing that I cann in that affaire. I am my Lords with the greatest respect imaginable your Lordsps. most obediant humble sevant. Signed, W. Cosby. Endorsed, Recd. 6th Nov., 1732. Read 13th Aug., 1734. Holograph. 1 p. [C.O. 5, 1056. ff. 135, 140 v.]
Sept. 18.
New York
in America.
382. Richard Bradley to the Duke of Newcastle. Being well assured that Mr. Sherley of Boston, has endeavour'd to get my office of Attorney General on a groundless report of my death etc. I humbly intreat your Grace that I may not loose my office, as long as I behave myselfe in it, unblameably; which your Grace, I doubt not, is satisfyed I have done, on seeing the late Governour and Council's recommendation of me etc. Continues: As this office was given me for the support of my family (vizt. my wife and seven children) upon our hard fate in the general calamity of the South Sea, and in consideration etc. of my constant efforts at no small expense, and hazard, to serve the interest of H.M. Royal Family etc., and the office scarse affording my poor family the very meanest necessarys of life (I have no salary; nor in many cases any fee etc., especially where the publick is concern'd); and as my poor family must certainly perish etc., I therefore hope for etc. your Grace's favour and protection. Signed, Richd. Bradley. Holograph. 2 pp. [C.O. 5, 1093. ff. 248, 248 v., 249 v.]
Sept. 19.
Whitehall.
383. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, 13 acts of Jamaica, 1731, 1732, (enumerated). [C.O. 138, 17. pp. 383–387.]
Sept. 19.
Whitehall.
384. Mr. Popple to Mr. Fane. Encloses for his opinion in point of law 17 Acts of N. Hampshire, 1730–32; (i and iv) Acts adjourning the Court of General Quarter Sessions; (ii) emitting £1300 bills of credit; (iii) settling a salary of £200 sterl. or £600 province bills per annum on Governor Belcher etc.; (v) for emitting £700 paper bills; (vi) in addition to the Act for inspecting and suppressing disorders in licensed houses; (vii) appointing Commissioners to settle the boundaries between H.M. provinces of New Hampshire and the Massachusets Bay; (viii) in addition to the act for regulating fees; (ix) for removing three of the Courts of General Quarter sessions of the Peace, and inferior Court of Common Pleas from Portsmouth to Exeter, Hampton and Dover; (x) directing the method of collecting rates in Chester, Notingam and Rochester; (xi) to exempt the people called Quakers from gathering the rates for the Ministers of other perswasions; (xii) to revive the sitting of the Superior Court etc., which ought to have sate the 2nd Tuesday in Feb. last; (xiii) to alter the time of the sitting of the Superior Court; (xiv) to enable the proprietors of the neck of land in Dover called Hilton's Point to set up a gate at the entrance into the highway etc.; (xv) for making that part of Dover formerly called Oyster river into a township by the name of Durham; (xvi) granting unto H.M. an excise on several liquors; (xvii) for a new proportioning of the Province tax to each town, parish and precinct. [C.O. 5, 917. pp. 68–70.]
Sept. 19.
Whitehall.
385. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law Acts of Antigua, 1730, (i) for raising a tax for paying the public debts etc., and (ii) concerning the payment out of the publick Treasury for slaves executed and to be executed for treason, murther and felonies. [C.O. 153, 15. p. 132.]
Sept. 19.
Whitehall.
386. Same to Same. Encloses, for his opinion thereupon in point of law, four acts of Barbados, (i) for preventing of excessive gaming, 1730; (ii) for laying an imposition on wines, 1730; (iii) for the punishment of runaway slaves, 1731; (iv) for laying an imposition on wines, 1731. [C.O. 29, 15. p. 302.]
Sept. 20.
Whitehall.
387. Mr. Popple to Lt. Gov. Dunbar. My Lds. Commrs. for Trade and Plantations have consider'd your sevll. letters to me, relating to ye disputed title to ye lands to ye Eastward of Kennebeck, but as ye Attorney and Sollr. General have given their opinion that, that tract of land belongs to ye Massachusets Bay, my Lords have nothing to add upon yt. subject, and more especially since your brother will give you a particular acct. of what has happen'd since his being in England. My Lords have consider'd what you have wrote agt. ye proceedings of ye Judge of ye Admiralty; But as that matter is more properly under ye inspection of ye Lords of ye Admiralty, I have sent copies of what you have wrote to them. In answer to that part of your letter of the 26th of May last, wherein you say, you judge my having told you, that my Lords desire you would be punctual in your correspondance; was meant as a rebuke for your frequent writing and menconing things not belonging to you, because no notice is ever taken of them, I am to acquaint you, yt. no such rebuke was intended; so far from it, My Lords only recommended a continuance of your punctual correspondence, and altho' particular answers may not have been made to every paragraph of your letters, it does not follow from thence, that no notice has been taken of what you have said. [C.O. 5, 917. p. 71.]
Sept. 20.
Jamaica.
388. Governor Hunter to the Council of Trade and Plantations. In reply to letter of 16th June, transmits duplicate of answers to former queries, "there having been since then no laws made, manufactures set up, or trade carry'd on in this island which can in any wise affect the Trade, Navigation, and Manufactures of the Kingdom of Great Britain, and I shall not fail annually to transmitt returns to the Queries" etc. Sends duplicate of acts passed last session and of Journals and Minutes of Council and Assembly. Continues:—Our partys have been frequently out in pursuit of the rebel negroes and almost as often oblig'd to return within half the time propos'd, occasion'd by the great rains and floods which have been continued in those parts for some time pass'd, but by the advices I have reced. from the partys, the rebels must be dispers'd and many of them in great distress; one of our partys came up with a new settlement begun by a party of the rebel negroes who were lately dispossessed of their chief towns, took one woman and six children, the rest escap'd in the woods. The woman who was born in one of the rebellious settlements and speaks good English, relates that soon after our partys had taken their chief towns the rebels were in great want of provisions, and had many disputes amongst themselves whether they should keep in a body or devide, they resolv'd on the latter, and deviding into three partys took as many different routs, and I believe some of them have found a way thro' the mountains to the westward of the island, for there has lately been discover'd a large settlement with a very considerable body of those rebels in it in the parish of St. James, which has alarm'd the people in those parts very much; Three different partys have been sent out against them and have been forced to return with little or no success, but a stronger is now sent out and I hope will be able to distroy the settlement and come up with some of that gang which if the advices I have reced. from the partys that have march'd out against them be true must consist of at least a hundred bould resolute fellows. About three weeks ago thirty-one negroes belonging to John Morant Esq. of the parish of Clarendon left their master's plantation and taking their field implements along with them into the woods declar'd they should be follow'd by many others and bid defiance to any strength that could be sent to reduce them to obedience. A party of thirteen shott was sent after them and having march'd to the river Minus discover'd the negro gang on the other side, who, perceiving our party to consist but of a small number endeavour'd to cross the river to engage it, but were receiv'd by a brisk fire which kill'd five and wounded eight, the rest escap'd for that day and the next surrender'd themselves, which news was the more acceptable as the gentlemen of that parish began to be apprehensive by the beheavour of their negroes that that secession might draw with it a general insurrection of all the negroes therabout. A defensible house or barrack capable to lodge fifty men at the great negro town (as it is call'd) lately taken is finish'd all to the roof, and the other at Cotter Wood agreeable to the act of the 6th of May last will be begun in a short time, so that the new settlers in the North East parts begin to think themselves secur'd from any attacks of the rebels. I have been oblig'd to give leave to some of the negroes belonging to our partys who have been of the most service against the rebels to go home for a fortnight at the end of which time they are to return to their duty and to go out again in pursuitt of these rebels slaves, and as there are partys constantly fitting out from most parts of the island in pursuit of them I can make no doubt but in a short time the greater part of them must be reduced to the necessity of perishing or surrendering themselves. The fort and fortifications at Titchfield have gone on briskly of late and are within a few months of being finish'd, and the town is much increas'd with inhabitants etc. Signed, Ro. Hunter. Endorsed, Recd. 21st Dec, 1732, Read 28th June, 1733. 5¾ pp. [C.O. 137, 20. ff. 103–105 v., 108 v.]
Sept. 20.
Jamaica.
389. Governor Hunter to the Duke of Newcastle. I have the honour to acquaint your Grace that notwithstanding the rains and floods which for some time pass'd have been continued in the North East parts of this island, our partys have been frequently in pursuit of the rebel slaves, and tho' they have not met with the success which could be wish'd for, the rains and floods before mention'd hindering their pursuit, yet they have destroyed several of their settlements, and if their advices be to be rely'd on, the rebels in those parts must be redue'd to very great distress, and want of everything; and as partys are now fitting out from most parts of the island, I hope I shall soon be able to transmitt a good accot. of their success, and in the mean time beg leave to referr to the enclosed etc. My present very bad state of health and the winter season coming on, and the present nice situation of publick affairs here, makes it impracticable for me to think of making use of the licence H.M. has been most graciously pleas'd to indulge me with, till some time in the spring etc. Signed, Ro. Hunter. Endorsed, R. Dec. 22. 2 pp. Enclosed,
389. i. Copy of H. to C. of T. 20th Sept., preceding. [C.O. 137, 54. ff. 100, 100 v., 101 v.–104.]
Sept. 26.
Charles Town
in South
Carolina.
390. W. Frewin to the Duke of Newcastle. May it please your Grace, to permit me to lay myself at your feet and return your Grace my most unfeigned thanks for the honour you did me (at Brigadier Churchill's request) by recommending me to the protection of Governour Johnson and for your Grace's further goodness in condescending to desire him not only to favour and encourage me in the way of my profession, but to place me in the first vacant office he should find me capable of. This recommendation of your Grace I shall ever count a solid glory, it having gained me esteem and respect from every one that hath heard of it but the Gentleman to whom it was directed etc. Complains that on reading his recommendatory letter and another from the Lords of Trade, the Governor "said in an odd manner, there were a number of my profession here already and that the people at home had taken care to let him have very little trouble in the disposal of places and from that time to this hath not taken the least notice of mee" etc. Has, however, a tolerable good prospect of succeeding in his profession, but will be grateful for any favour from his Grace etc. Continues: His Excellency etc. seems determined to ingross and resolve (if possible) all the offices (as the same shall fall) into his own family. Of which with respect to the Navall Officer's place, that of the Clerk of the Councill and the publick Vendue Master he hath given us very lately a specimen. In the first of these offices he has placed a gentleman in trust for a nephew of his (one Capt. Broughton), and the other two are occupy'd by a domestick of his (as it is said) for his Excellency's own emolument etc. Has from his childhood heartily espoused the interest of his Majesty etc, and the present administration. Concludes: That his Majesty and his royall race may reign over us till time shall be no more and that we and they may never want a Duke of Newcastle to be near their persons shall be the constant prayer of etc. Signed, Will. Frewin. Endorsed, R. 26 Beer. Holograph. 2 pp. [C.O. 5, 388. ff. 47, 47 v., 48 v.]
Sept. 28.
Kensington.
391. Order of King in Council Approving draught of Instruction to Governor Johnson concerning Georgia, (v. supra Sept 6th). Signed, W. Sharpe. Endorsed, Recd. 28th Oct., 1732, Read 4th May, 1733. 1½ pp. [C.O. 5, 362. ff. 152, 152 v., 157 v.]
Sept. 28.
Kensington.
392. Order of King in Council. Ordering, after citing Mr. Worsley's Memorial and Attorney General's opinion, that in case the arrears of the duty be not paid to the Treasurer of Barbados on or before 1st July next, then H.M. Attorney General of Barbados do cause proper suits to be commenced against all persons liable to pay any such arrears, and do take the most effectual methods for the speedy recovery and application thereof, to the uses directed by the said act. (Cf. A.P.C. III. No. 179.) And that no person may pretend ignorance hereof, H.M. doth hereby require that, this order be forthwith published and entered upon record in the said island, and the Governor etc., Attorney General there and all others whom it may concern are to take notice, and yield due obedience hereto, as they will answer to the contrary. Signed, W. Sharpe. Endorsed, Recd. 28th Oct., 1732, Read 4th May, 1733. 5½ pp. [C.O. 28, 23. ff. 75–77 v., 78 v.]
Sept. 28.
Charles Town.
393. Governor Johnson to Mr. Popple. Inclosed is a letter to their Lordships (No. 394). Mr. Fury has sent me a copy of a Memorial Mr. Lowndes told him he intended to prefer against me the copy of which I inclose, I am astonished at the impudence of the man, in asserting I did not recomend their Lordships' orders to the Assembly relating to the Summons Law, which upon my honour I did, and the Commee. of both Houses appointed to correspond with Mr. Fury do by this conveyance testify the same to him; and his assertion that I appointed a creature of my own Marshal, and made it a perquisite of my Government is as false. I have no other concern about the consequences of these false representations, but that they may have made some impression to my disadvantage on you, as not knowing the truth, but I do assure you I have always so great a regard for your friendship that I am incapable of doing anything to forfeit it, and that however he may have represented to you the affair of the Marshal the fact is as I have represented to their Lordsps. and what I did for the unfortunate man Mr. Bamfield was in pure respect to you, for I believe you will allow I did everything to serve him; the Commee. does likewise tell me they touch this affair in their letter to Mr. Fury. I am under the greatest affliction for the loss of the best of wives, and a son.
P.S. The ship this packet comes by being to touch at Dublin to take in a pilot for Liverpoole, I did not think proper to send the Lords the journals of the General Assembly by that conveyance, but shall not fail doing it by the first safe opportunity. I send you inclosed a list of several papers, in which you will find a Minute that will better satisfy you, that the Lords' letter relating to the Summons Law was sent by me to the Lower House of Assembly, the list is writ by the late Clerk of the Council. I know it to be his hand, and the present Clerk of the Council who knows his writing and hand very well, has attested it as such. Signed, Robert Johnson. Endorsed, Recd. 22nd Dec, 1732, Read 27th Aug., 1735. 1½ pp. Enclosed,
393. i. List of papers sent by H.E. to the Lower House of Assembly, 10th Aug., 1731 (v. preceding). Signed, Jesse Badenhop, Cl. Con. 6th Oct., 1732. 1 p.
Sept. 28.
Charles Town.
394. Governor Johnson to the Council of Trade and Plantations. My last was of the 2nd of June last. I think it my duty to acquaint your Lordsps. that since that, this town has been afflicted with a violent malignant feaver which few have escaped, and in about two months time has carried off, 130 whites, besides a great many slaves; there are about 3000 souls in all the town, I thought it my duty not to quit the town in their extremity, and I have lost a son and 3 servants; hardly anybody who ventured to town from the country escaped it, and almost all of them dyed; it fell hardest upon newcomers; it is imagind it was brought in by a vessel from the Leeward Islands; thank God it is now almost over, but people don't yet venture to town from the country. This illness has made it impossible to meet the Assembly, so by advice of the Council I have prorogued them to the first Tuesday in November; it has put a stop to all publick business being transacted since my last. We have been allarm'd by two of our Indian traders having been killed near the Creek nation in their way thither, but that nation disavows the fact, and all our people who are amongs them are safe and civily treated; we have not yet discoverd the murderers, but we apprehend it has been done by some Spanish Indians at the instigation of the Spaniards of St. Augustin, to terrify our traders from remaining at the Creek nation, that they may not have an opportunity of putting those Indians upon opposing the Spaniards building a fort and resettling the Province of Apelacha in that neighbourhood, out of which they were drove about 30 years ago in my father's Government of this Province; they have actualy we are informd begun the building a fort there, 'tis the king's ground by right of conquest, but how far the not having kept possession will make it not so I leave to your Lordsps.' consideration. I have done all I could by my Agents among the Indians to induce them not to suffer them, but they have a party among the Creek Indians as well as we. I have an account from our agent Mr. Fury that your Lordsps. have been pleasd to report to the Treasury against H.M. confirming the Quit rent Act, but he has not given us your Lordsps. objections so can say nothing upon that head, all I know is that it was obtaind with much difficulty, that we judged it very much for H.M. service that the indulgencies shown relating to the confirming bad titles are of such a nature that would not hurt H.M. Quit rents £10 a year, I veryly believe, except the patents subsisting from the late proprietors for Landgraveships and baronys which people have purchasd under and made large improvements upon, and think they have a right to; By Archdale's law which this repeals, and consequently reckon they gain no superiour advantage by this law, but on the contrary give up many they had by it, which law they design to fly to for redress if the Quit rent act is repeald, and I greatly fear will occasion great uneasiness, discontent, and confusion; if it be H.M. pleasure to let the law subsist, and to let me know what additions, explanations or alterations would be approved of, I should not despair of obtaining them, but by a repeal our duties are lost, provisions for new comers defeated, our debts unpayd, and all taxes left to be raised upon real and personal estates only which no colony does, and what I am afraid they will never come into; 'tis my duty to give my sentiments, but submit all to your Lordsps'. better judgements. I cannot help giving your Lordsps. an instance of the hardships that would attend people; Mr. Lowndes for example had a grant for 5 baronys each of 12,000 acres, I am informd by some of the purchasers, that he has sold almost all the land, and has received 2500 or £3000 stg. for the purchase, and has been so cunning as to give no general warrants, so these people are left in the lurch, and Lowndes I hear is a great stickler against the quit rent law, he being now out of the question; and it will prove worse with many others, who have been at a great charge already in settling such lands. I beg leave to take notice that I have been so cautious as to confirm none of these titles, nor to grant warrants for surveying any lands upon them, till I know H.M. pleasure about the Quit rent law, so their titles remain hitherto for me, as they were, which caution I hope your Lordsps. will approve of. I beg leave to observe that your Lordsps. may remember that the Attorney General's opinion of those grants not being valid, was upon a grant of two baronys to my father which I find by seeing others are more deficient, than others I have seen, for mine does not so much as name in which Province it is, whether North or South Carolina, nor indeed any Carolina at all; from which I infer that perhaps if fuller grants had been shown to the Attorney General his opinion might have varied. I am in great pain for fear I should lye under your Lordships' censure, having had a copy of Mr. Lowndes' memorial sent me, which he told Mr. Fury he designed to prefer against me, setting forth that I did not obey your Lordships' orders in recommending to the Assembly the repealing the Capias Act, that I did is certain, and does appear by a message of the 18th of August 1731, which notorious falsity I hope will give him little credit with your Lordships for the future; he has also asserted that I have made the Marshal's place a perquisite of my government, which is likewise false. I found Mr. Bamfield Marshal, I continued him till at his own request, as is notorious to all the Province, I appointed a person of his recommending, he telling me he desird to be dismist, because his affairs requird his going to England; and about six months after he told me he had alterd his mind, and desired to be restord, which I granted him and he was lately unfortunately drownded; I defy Lowndes to prove I had any promt by this, but did it only to serve a man I thought was worthy of the place, and one Mr. Popple had a friendship for: Mr. Lowndes has sent no exemplification of his patent, nor appointed any deputy, in the meantime the office must be supplied, so how I have wronged him above £200 as he has told my friends, I can't find out, nor he neither I am sure, 'tis very hard to have my actions so misrepresented, by one that has cunningly made this Province his property by the late Lords Proprietors' neglect, to the amount of £4000 or £5000 stg., nobody knows for what other merit than a consummate assurance, pretending to know everything, betraying everybody, and altering his opinion as often as he finds it for his interest; I find his malice to me proceeds from my giving your Lordsps. my opinion that the Assembly will hardly ever be brought to inforce the Summons Law, and I found it so when I sent to them about it; that law was disanuld before my time, I have no interest one way or other in it, 'tis my duty to give your Lordships my opinion of things. I obeyed your orders and recommended the repeal of it, but to no purpose, it now lyes with your Lordships to report as you please about it, but am sure your Lordships won't think a legislature of a Province is to pass laws they disapprove of, purely to serve Mr. Lowndes' interest, or because as he sets forth his interest is hurt; that is he won't have so good any oportunity of getting £1500 stg. which is his price for the Marshal's place, not intrinsically worth £700, and altho the Capias Law Avas repealed, the hopes of which keeps him from letting it, for fear of depriceating the sale of it; for he is sensible that nobody that knows the value of it will give him above £50 or £60 a year for it. Governor Barrington has by letter desird a gentleman of this Province to advertize in the News Papers printed in Charles Town that all land on the north side of Wacamaw River, is by the King's Instructions in North Carolina Government, and whoever has a mind to take up lands there, must take out their grants in North Carolina; your Lordships may remember how much he insisted at your Board to have all Wacamaw River the boundary of the two Governments, and that you were pleased to allow him but only 30 miles to the south of Cape Fair River, keeping the course of that river to the head thereof, but he now interprets the latter part of H.M. 110th Instruction his own way, waves the first part of it, and says because Wacamaw River does 100 or 200 miles from the sea come within 30 miles of Cape Fair River, that river is to be the boundary from the mouth of it; I did twelve months ago by the advice of the Council write him word that we would send Commrs. to meet his and settle the boundarys, but he has not answerd that letter and now desires the aforesaid advertisement to be published, which makes it appear what he designs to insist upon, and I fear no boundary can be settled unless your Lordships please to declare that the intention of that Instruction is, that he shall have no more than 30 miles to the south of Cape Fair River; unless the mouth of Wacamaw River lyes within 30 miles of Cape Fair River, which it does not, for it is near 90 miles, and comes into Wyniaw Bay, as was made appear to your Lordsps. by the map then before you, for the river keeps a course parralel to the sea a great way and makes a great neck of land, which would bring his boundary into the bowels of our present settlements on that side the Province, therefore hope your Lordships will please to continue the intention of the Instruction, and let him and me know your pleasure. Signed, Robt. Johnson. Endorsed, Recd. 22nd Dec, 1732, Read 27th Aug., 1735. This lr. to be reconsidered with rept. to ye quit rent law. 5 pp. [C.O. 5, 364. ff. 146–148, 149, 150 v. (with abstract).]
Sept. 28.395. Petition of Thomas Lowndes to [?]. Petitioner finding a clause in an act pas'd in South Carolina 1726 contrary to a maxim of the Common Law of England and the universal practice of every Colony in America, applyed to the Lords Commrs. for Trade etc. to have the same remedyed and their Lordps. wrote to Governor Johnson about it etc. But petitioner has not been as yet redress'd, nor likely to be, for tho' the Assembly was sitting at the time Mr. Johnson received the letter from the Lords of Trade and continued to do business for more than two months afterwards, yet that Gentleman did not communicate to the Assembly the order he had reed, but has made your Petr's. office a perquisite of his Government, and appointed a creature of his own to execute the place, who renders your petr. no account whatever. Copy. 1 p. [C.O. 5. 364. ff. 151–152, 153, 154 v.]
Sept. 28.
Kensington.
396. Order of King in Council. Confirming Act of Antigua to enable Henry Lyons etc. Signed, W. Sharpe. Endorsed, Recd. 28th Oct., 1732, Read 4th May, 1733. 12/3 pp. [C.O. 152, 19. ff. 145, 145 v., 146 v.]
Sept. 29.397. Office expenses of the Board of Trade, Midsummer— Michaelmas, 1732. See Journal of Council. Endorsed, 30th Sept., 1732. 6 pp. [C.O. 388, 80. ff. 58, 59 v.—63 v.]
Sept. 30.
Kensington.
398. H.M. Additional Instruction to Governor Johnson. Upon application of the Trustees for establishing the Colony of Georgia etc., We "have thought fit hereby to will and require you to give all due countenance and encouragement for the settling of the said Colony of Georgia, by being aiding and assisting to such of our subjects as shall come into our Province of South Carolina for that purpose according to Our gracious intentions declared in Our royal charter, a copy whereof is hereunto annexed, which We do hereby further require you to cause to be forthwith registred and entered upon record by the proper officers in Our said Province of South Carolina. Signed, G.R, Copy. [C.O. 324, 36. pp. 376–378.]
Sept. 30.
Whitehall.
399. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Request payment of petty expences of the Office, Midsummer to Michaelmas, 1732, amounting to £268 19s. 10d., and of Officers' salaries £287 10s. [C.O. 389, 37. pp. 339, 340.]