America and West Indies
October 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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221-240

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'America and West Indies: October 1732', Calendar of State Papers Colonial, America and West Indies, Volume 39: 1732 (1939), pp. 221-240. URL: http://www.british-history.ac.uk/report.aspx?compid=72634 Date accessed: 02 August 2014.


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October 1732

Oct. 1.400. Petition of the Mayor, Aldermen, burgesses and merchants, inhabitant in the town and County of Poole, to the Council of Trade and Plantations. Whereas by an Act passed the last session of Parliament intitled An Act for encouraging the Greenland Fishery it is enacted that for the space of nine years after the 25th day of December, 1731, it shall be lawful for any person to import whalefins, oil, or blubber of whales, seals' oil, and seals' skins taken and caught in the Greenland Seas, Davis's Streights or in any other parts of the seas adjoyning or adjacent thereunto in British ships, whereof the Captain or Master, and one-third part of the marriners are British subjects without paying any custom, subsidy, or other duty for the same upon oath made by the master of the vessel importing the same of the truth of the requisites mentioned above. And whereas by the Preamble to the said Act it appears that this indulgence was given to that trade partly on account of its employing great numbers of seamen and ships, and consuming great quantities of provisions; and partly on account of bringing into this nation great quantities of oil, blubber, or other produce of whales, and seals and seals' skins; we your Lordships' petitions humbly crave your Lordships' opinion whether the same indulgence does not extend to all the like commodities imported from Newfoundland as the trade thither answers the same good purposes on which the said Act seems to be founded. And it appears by the Act, 25th Caro. 2nd Cap. 7mo., that the same encouragement was given to trade to Newfoundland as to Greenland, and the duties of the goods imported from either place were alike. We shou'd be glad to know your Lordships' opinion soon in regard our Newfoundland ships are dayly expected; or else that your Lordships would be pleas'd to communicate it to the Honourable Commissioners of the Customs, that they might order their officers here to allow us the benefit of the said Act if it appears to your Lordships that we are entitled thereto. Signed, Timo Spurrier, Mayor, and 20 others. Endorsed, Recd., Read 18th Oct., 1732. 1 large p. [C.O. 194, 9. ff. 168, 168 v.]
Oct. 4.
London.
401. (a) Agreement between William Houston, Dr. of Physick at the University of St. Andrews and the Trustees for establishing the Colony of Georgia etc. At a yearly salary of £200 for 3 years Dr. Houston agrees to go to such parts of America as the Trustees direct, and to collect plants to be sent to Georgia etc. Lord Petre having engaged to pay him £50 per ann., the Trustees will be discharged by paying him £150. Signed, William Houston.
(b) Receipt by Same for £75 for ½ year's salary from Michaelmas. Signed, William Houston. Copy (Entry Book). [C.O. 5, 670. pp. 1,2.]
Oct. 4.
Whitehall.
402. Mr. Popple to Governor Talcot. Returns thanks for the volume of the Connecticut laws sent 4th Nov. last. Continues: But my Lords Commrs. etc. observing by your letter that some of those laws have been altered since they were printed, it will be impossible for them to make any judgment of those you have sent, without seeing those also by which they were altered etc. Desires copies of these, and transcripts from time to time of laws passed for the future; also an annual return to the Queries sent him, "that their Lordships may be enabled to make the proper representations to H.M. upon the state of your Government."[C.O. 5, 1294. pp. 62, 63.]
Oct. 4.
Whitehall.
403. Mr. Popple to Lt. Governor Gordon. Acknowledges letter of 31st May etc., and acquaints him that the Board have laid before the Committee of Council the papers upon his dispute with Mr. Brown (v. 5th May, 27th June). Concludes: Notwithstanding the province under your Government is as you mention an inland country, and that few incidents may happen of consequence to H.M. interest, yet my Lords expect constant accounts of all transactions in the Province." [C.O. 5, 1294. pp. 63, 64.]
Oct. 4.
Salisbury
in St. Johns
Harbour,
Newfdland.
404. Governor and Commodore Falkingham to Mr. Popple. Encloses following replies to his Instructions, for which he has taken all possible care to procure the best and most authentick intelligence etc. Continues: Upon my arrival, finding but one prison and that at St. Johns, and as the settlements are at so great a distance of 100 leagues, as your Lordships will see by the annext scheme of the districts, where H.M. subjects are settled etc., and as application hath been made to me for the erecting prisons within the several districts, the severity of the winter being such as makes it impossible to send offenders to St. Johns by reason of the ice, I therefore ordered a prison at Ferryland (for the district) one at Trinity, and a third at Bona Vist, with three round houses, one at Trepassy, one at Bay Bulls, and one in Conception bay, under such restrictions as the law directs, there being no place to secure capital offenders, but in St. Johns, where at this time is one for murther, who I shall send with proper witnesses by H.M.S. Dursley gally, to be prosecuted, as the Act directs etc. Signed, Edwd. Falkingham. Endorsed, Recd. 21st Nov., 1732, Read 9th April, 1734. 1⅓ pp. Enclosed,
404. i. Governor Falkingham's Answers to Heads of Enquiry and Instructions, 1732. Art. 1–15 complied with, etc. (xvi) I am well informed that in divers parts (especially where H.M. ships do not remain) that this article has not been duly observed etc., the harbours of Bonavist, Trinity, Carbonier etc. being very much damaged by stone ballast thrown overboard. I have given strict orders to prevent such abuses, (xvii–xx) Complied with, (xxi) The byboat keepers cure their fish upon room belonging to the inhabitants at an annual rent of £7 to £9 pr. boat, (xxii) This article is very seldom observed, the Admirals tell us they demand the certificates from the masters of the fishing ships, but what I can learn none or few have any regard to the act but such as expect to be Admirals themselves. And for the preventing the leaving so many usefull men in Newfland. who generally endeavour to get to New England notwithstanding all our precaution, the Collectors of the Customs should be strictly inquisitive, whether the ships whose certificates they granted, for their qualification, did at their return home bring with them the same number of men. (xxiii) The inhabitants employ such servants as come either from England, or Ireland to be hyred, many of which are Irish Romans, (xxiv–xvi) Observed, etc. (xxvii) I find since the settlement of the civil magistrates that as far as relates to them, there several districts are under a good regulation. But as to the several Admirals in their respective ports and stations have very little regard to anything but their private interest, nor can I find after the strictest inquiry, that any of them have made any return of their proceedings to H.M. most Honble. Privy Council agreeable to the Act of Parliament, (xxviii) The disputes that hapen are seldom desided by the Admirals, but are left until the arrival of H.M. ships, the chief vieu of the Admirals I take to be their giving their own orders, for collecting their debts, making use of the authority they are invested with to serve their own turn, (xxix) As well observed as can be expected where there is such a number of common illiterate people, (xxx) In several places there are people from New England who keep byboats, as also several fishing ships directly from Ireland, without bringing with them proper certificates, as enjoyned by Act of Parliament, and as they was far advanced in their fishery (on my arrival) I did not think proper to molest them without acquainting your Grace and desiring your Grace's directions how to proceed for the future, if they are esteemed, aliens or strangers, I could not presume to determine, the Irish fishing ships (at Little Placentia) and several other westerne settlements formerly belonging to the French, bring with them a number of Irish servants, some of whom they leave the winter and by that means stake out the very best of the antient fishing room and by that pretence claim a right, and possess the same as their property, (xxxii) The inhabitants generally subsist on salt provisions, wch. they are furnished with chiefly from Ireland, and by wt. I am informed they have large quantitys of bread and flower from the American Plantations. Where the land is cleared it produces good grass, and the inhabitants breed some few cattle, but are chiefly supplied from America, (xxxiii) They are supplied directly from Great Britain, (xxxiv) The general wages allowed servants are from 4 to £25, according to their skill in the fishery, they supply their servants with what they demands, which is often in rum and strong liquors at exorbitant prizes, and for their remainder they have bills payable in England, (xxxv) £120 sterl. is the charge of a fishing boat and necessaries, (xxxvi) The inhabitants imploy their servants those days that they cannot work in the Fishery by sending them to the woods for cutting timber for repairing flakes, stages and other domestick affaires, they make no difference as to the price of fish, and generaly allow four men to each fishing boat, (xxxvii) The inhabitants in the winter season generaly employ themselves, and servants, in cutting wood, timber and sawing boards, for their building their boats, building and repairing their stages, flakes etc. for the summer's fishery and fuel etc. In some ports, especially to the northward of St. Johns, many people are employed in taking seal in netts, at Fogo and Tillingate, new settlements this year, Bona Vest, and Trinity bay, the furring trade is still carried on the winter season, but not so advantagious as heretofore. Last winter was taken to the value of £391 sterl. etc. I can't learn that the furriers have any commerce with the Indians, but that several of the Indians had been formerly distroyed by the furriers, and since several Englishmen have been distroyed by the Indians, (xl) The inhabitants who having cut out and cleared from the woods etc. fishing room, not belonging to, or occupied by ships since 1685, they claim a right to, and what they do not employ, let to hyre etc. (xli) Five flakes are generaly esteemed a boat's room, extending from the sea backward 230 ft. (xlii) I cannot learn that any regular account has been kept in any of the harbours, what room belongs to fishing ships, before 1685, but what is handed down from year to year from their own knowledge. I most humbly submit it to your Grace, that if a survey was to be taken in the several harbours, and that duely registered, it might be a means to prevent disputes that may hereafter hapen. (xliii) The ships that come directly from Gt. Britain, expecting to be Admirals, are provided with all their provisions and necessaries of the British product, but many of these fishing ships touch in Ireland, and there take in their lading of provisions, and great numbers of Irish passingers, persons that know no little more then tending of cattle, which is of bad consequence to the trade, such people seldom or never become to be seamen, (xliv) No ships are allowed to be Admirals but such as bring with them proper certificates from England of their qualifications, (xlv) The Admirals do not put any persons in possession of ship room, but it's always left for the after commer. (xlvi) The byboat keepers generaly hyre room yearly from the inhabitants, or by lease for years, and sometimes clear out for themselves roomes that have never been occupied, (xlvii) The Biddeford and Barnstable ships are the only ones that go on the share with their companies etc. The charge of a ship of 100 tuns, 50 men and 10 boats, will amount to £1000 sterl. (xlviii) Little or none imported, it being no proper market, and the traders sensible of the penalty of the act. (xlix) I have not convicted any person carrying on an illegal trade. (1) There is yearly imported to the value of £10 to £12,000 sterl. in rum, molosses, sugars, tobacco, bread and flour from the American Plantations, but no other inumerated comoditys, and those only for the consumption of this Island, (li) The merchants trading from New England send their goods to factors, here, who dispose of them for fish, which fish they sell to the British sack ships, for bills of exchange, and for want of sack ships, ship the fish to market, and great part in refuge fish, for the islands of Azores and to the British Plantations, to the yearly value of 10 to £12,000. (lii) There is in St. Johns ten publicque houses licenced by the Justices of the Peace, and in proportion in the several other harbours, and yet there remains the former evil custom of the several commanders of ships, and by boat keepers selling liquor to their servants, at exorbitant prices, (liii) The inhabitants in general are guilty of furnishing their servants with cloathing and strong liquors, more then their wages, which ingages many to stay in the country, and is a very great prejudice to the bringing up seamen, (liv) The passages out are now from £50 to £3, and 30s. home, and are paid in fish out, and the home passages paid in England by their masters for their servants, (lv) It's certain that masters furnishing their servants with strong liquors occasions great disturbances, and prejudices the fishery. (Ivi) I am informed that the masters of fishing ships and byboatkeepers do connive at their servants going to New England, or remaining in the country, purely to save the charge of their passage home, but I have given the necessary orders that they take care to carry home the same persons they brought with them, (lvii) and (lviii) The New England vessels do yearly intice and cary away great numbers of seamen and fishermen, where H.M. ships are not in port, but I have obliged all New England masters of vessels to enter into bond under penalty of £300 sterl. upon carrying away any one man etc. enclosed. If upon forfeiture, they were put in execution, it would put an end to this evil practice, (lix) I have given strict orders to the Admirals that they injoyn the commanders and byboatkeepers and inhabitants (as it is for their own interests, to maintain the credit of the Fishery) to be very carefull in the due salting and curing of their fish, to prevent any further complt., and as I am informed 10 hogsheads of 64 gallons each is allowed for the salting and curing every hundred quintals of fish, and that what fish is taken by the boats, near the shore, is most esteemed, the fish taken on the Banks, by the ships etc., lying long on board, is apt to take dammage etc. As I am informed there has not been any late complaints, I shall not trouble your Lordships any further on this head, (lx) I don't find any one capable of giving me an account of the French Fishery. (lxi) There is not any French inhabitants at Placentia or St. Peters, (lxii) The French do not come to Petit North, or any other parts to the northward of Cape Bona Vist, nor can I learn they do anything contrary to the Treaty of Utriekt, or come from Cape Breton to hunt or furr etc. (lxiii) No complaint of the breach of this article, (lxiv) The salmon fishery is still carried on in the several rivers and to advantage, but like other fisherys are better some years then others etc. (lxv) Upon my arrival at St. Johns I called a Court to inquire what effect the Commission of the Peace has had. I do find a general complaint, that a due subjection to H.M. Commission has not been had etc. No complaint of any Justices' misbehaviour in the execution of their office, etc. By information from the Justices, several[y] dispise their authority, especially in places where there is not prisons, or places of confinement, to bring delinquents to Justice etc. Has ordered prisons as covering letter etc. I have likewise in the publick Court of St. Johns caused the oath of Peter Shank of Pool, against William Keen of St. Johns, J.P., to be publickly read etc. and do find that Mr. Keen acted in the execution of his office, giving orders for serching for stolen goods etc. Refers to enclosures. Proceedings of my Officer sent to the no'ward in relation to the complaint against the Justices, (i) Upon the representation of Jno. Moore and Joseph Vallis to Mr. Timothy Spurrier, Mayor of Pool, Feb. 1731, against Mr. Francis Squibb and Jacob Taverner, J.P.s. for the district of Trinity, haveing called the said Justices before me, find that Squibb, as by power of his commission did commit Moore's servant to the stocks, etc., Jacob Taverner being superceded from being Justice, did not act; and that the Admirals haveing held a Court for the settling the price of fish, did not give publick notice according to ye complaint, but after the Court broke up, for wch. reason Justice Squibb did order the bill from one side of the Church door to be fixt at the whiping post etc. Villes appearing in Court denies that part of the affidavit, that the Admls. held a Court and there agreed to settle the harbour price of fish, and in what manner the debts were to be collected, as not being a custom in Newfoundland, and says the words of the affidavit is changed etc, Signed, C. Steevens. 18th Sept., 1732. (ii) Upon a complaint by Thos. Floyd and Richd. Walterman, J.P.s for the district of Trinity, April 17, 1732, against Mr. Francis Squibb, J.P. etc., having called before me the said person, find that contrary to the publick peace and authority of a Justice, did consult and encourage the inhabitants to shut up the Church doors, and not acting in a joynt manner wth. the aforesaid Justices agreeable to their commission, and an order given by the Honble. Geo. Clinton, when the same was tender'd to him; and as to Mr. Willm. Mitchell and Roger Tilsey, Admls. at that time, mentioned in the complaint, find as they had no power to act in that case, where little concern'd in it. Signed, C. Steevens. 18th Sept., 1732. For which later complaint and some othere misdemeanours, I have thought proper to suspend Mr. Francis Squibb from the Commission of the Peace. 12 1/3 pp.
404. ii. Scheme of the Newfoundland Fishery for 1732. Totals: Number of fishing and sack ships (by harbours), 321 (including 35 from America). Number of men belonging thereto, 27,947. Passengers, in ships for Great Britain and Ireland, 3034. Boats belonging to ships, byboatmen and inhabitants, 1183. Byboatmen, 2281. Quintals of fish made, 302,195; carried to foreign markets, 289,595 and 314 tierces of salmon. Train oil made 169½ tuns. Price of fish pr. quintal, 13s., of train oil, £14 10s. to £12 pr. tun; value of seal oil made last winter, £2478 10s.; of furs taken, £391. Number of stages and train fatts, 421. Number of families who keep public houses, 375. Land improved, 127 acres. Number of inhabitants, 4104, including 330 children, of which 3518 remained last winter. Births, 53; deaths, 136. Signed, Edwd. Falkingham.
404. iii. List of Justices of the Peace and Constables at Bonavista, Trinity, Carbonier, St. Johns, Ferry land and Placentia. Nos. ii and iii endorsed, Recd. 21st Nov., 1732. 10 pp.
404. iv. Bond of William Cartey, master of the Speedwell of Boston, in £500, not to carry from Newfoundland any seamen, fisherman or servant brought from Great Britain and the dominions to be employed in the fishery. Signed, Wm. Cartey; C. Stevens, 3rd. Lt. of the Salisbury; Nich. Godfrey, Clk. 1 p.
404. v.–xv. Similar bonds of John Pomroy, of Boston; Cornelius Kollock, of Philadelphia; John Rogers, of Boston; Isaac Johnson, of Boston; John Miller, of Boston; Josias Surraige, of Boston; Thomas Howes, of Nantucket; Barzillai Folger, of Nantucket; Daniel Folger, of Nantucket; George Lumman, of Boston; Pelatier Whittemore, of Boston. Seals. Nos. iv–xv, endorsed, Recd, 21st Nov., 1732, 11 pp.
404. xvi. Answer of William Keen to the complaint of Samuel White of Pool, grounded upon the oath of Peter Shank, mariner, 11th Feb., 1731 (v. covering letter). Signed, Wm. Keen. 1¼ pp.
404. xvii. Deposition of Daniel Callahan, of St. Johns, cooper. 1st Aug., 1732. Passengers were not in any way hindered by Mr. Keen from proceeding in Mr. Shank's sloop, as alleged. Deponent never heard that Mr. Keen otherways concerned himself than by granting his warrant to the constable to search for stolen goods, and where such was found, to apprehend the persons and secure the goods etc. Signed, Daniell Callahan. ¾ p.
404. xviii. Deposition of Thomas Munns and Philip Welch. 1st Aug., 1732. About 17th Oct., 1730, there had been divers houses robbed and several persons apprehended, and as deponents had their chests on board Peter Shank's sloop in order to take their passage to Waterford, search was made by William Slaughter, constable, and others by Mr. Keen's warrant of the several chests on board. In deponents' chests and that of George Clifford stolen goods were found, two of which chests were put into the house of the constable's assistants. Neither deponents nor any other person were imprisoned, nor any person hindred from proceeding as passengers in the said sloop, than deponents and Clifford etc. Signed, Thomas Munns, Philip Welch, his mark. 1 p.
404. xix. Deposition of William Slaughter, of St. Johns, constable etc. 15th Aug., 1732. Corroborates preceding. Signed, William Slaughter, his mark. 1 p.
404. xx. Deposition of William McLaughlin, of St. Johns, innholder. 1st Aug., 1732. Corroborates preceding. Signed, Wm. McLaughlin. 1 p.
404. xxi. Deposition of Richard Cunningham, of St. Johns, fisherman. 1st Aug., 1732. Corroborates preceding. Signed, Richd. Cuningham, his mark. 1 p. Nos. xvi–xxi. Endorsed, Recd. 21st Nov., 1732. [C.O. 194, 9. ff. 211–218, 219 v., 220–226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 238, 240 v.–242, 243, 244, 245, 246, 246 v.]
405. Governor Falkingham to the Duke of Newcastle. Duplicate of preceding covering letter, mutatis mutandis. Signed, Edwd. Falkingham. Endorsed, R. Nov. 30. 1½ p. Enclosed,
405. i.–ix. Duplicates of Encl. i.–iii., xvi.–xxi., preceding. [C.O. 194, 24. ff. 116–123, 124 v., 125 v.,–130, 131–133.]
Oct. 5.
Virginia.
Wmsburgh.
406. Lt. Governor Gooch to the Council of Trade and Plantations. Having received on the 2nd instant from your Secretary your Lordships' commands for sending the best and most particular accot. I can of the laws made, manufactures sett up and trade carried on in this Government, which in any degree affect the trade navigation or manufactures of Great Britain etc., I humbly represent etc. the reasons why I think there is no law now subsisting in this Colony, which can in any sense be said to affect the British trade: for I hope I may with justice exclude from that title the few laws for raising dutys for the support of the Government, and the defence of the country; such as the two shillings per hogshead, fifteen pence per tun and sixpence per head on all persons imported, which by an act confirmed under the great Seal of England have subsisted for upwards of fifty years, without being thought in any way prejudicial to the Trade or Navigation of Great Britain. The Act laying an imposition on liquors is fram'd with such regard to the British trade, that no liquors imported from thence are chargd with any duty: and since the British merchants pay no more now than what the people here are liable to, I can apprehend no just objection can be offered against a duty recommended often by the Crown to ease the inhabitants from a burdensome poll-tax, and which without all contradiction they themselves pay in the purchase of those liquors, with an ample recompence to the importer for disbursing the duty on the entry. Nor can the law pass'd last session of Assembly laying £5 p. ct. ad valorem on negros to be paid by the buyers, any way affect the British merchants trading in slaves, since they are not one farthing out of pocket on account of this duty nor is their price lessen'd by it, as may be clearly seen by comparing the sales of negros since the commencement of this duty with others when there was no duty at all. The late act for amending the staple of tobacco cannot be said to affect the Trade or Navigation of Great Britain any otherwise than as the necessary expence of its execution obliges the purchasers of tobacco to pay a small fee for its inspection: but if they consider the benefit they reap by that payment (not more neither than it cost them when not under this law) compared with the frauds and inconveniencys to which they before were subject, and are now deliver'd from, the advantages they have at present will greatly overbalance the charge: It is indeed probable that some of the Factors may object the disapointment they have this year mett with in the lading of their ships; but there is an answer ready at hand: The merchants who adventure goods hither to purchase tobacco in the country, have meet with no such accident, their ships are all gone home full, and so far are they from being sufferers, that 'tis very demonstrable they will this year be great gainers by their purchases; as for the ships sent hither purely upon freight (which are more than usual in former years) it must be considered that the crop proved very bad, and it would have, had they been at liberty, no better than madness in the people of Virginia to send home a bad commodity only to fill up the ships, when the price for it would not have paid the freight; nor is it any new thing for the ships to return dead freighted, as they term it, when there happens a short crop: nor can it be of any benefit to the British trade to have the markets clog'd with an unsaleable commodity. So that on the whole I humbly hope neither of these laws will be judged to affect the trade of Great Britain, in the sense intended by the Honourable House of Commons. As to manufactures sett up, there is one poor potter's work for coarse earthen ware, which is of so little consequence, that I dare say there hath not been twenty shilings worth less of that commodity imported since it was sett up than there was before. Of iron works there are now four in this Colony, but these being employed in running only pig iron, and that sent to Great Britain to be forg'd and manufactur'd, these are rather beneficial to the British trade than inconsistent with its interest; But if they are to proceed no farther, it would be proper to restrain them from running of potts and backs for fire places which they are falling into; and also to lett us know whether air furnaces are allow'd of, because at one of the works there is one built, and whether we may make barr iron, which they now do in Pensilvania, and to the northward. Here are also divers essays made towards the discovery of copper mines, and three several shafts already open'd with indications of veins of that mettal, but as yett with no great success: however 'tis to be hop'd amongst so many signs of minerals, as appear in many parts of the country, some may be found out that will reward the expence and labour of the adventurers, and turn to the benefit of trade. There hath been much discourse amongst the common people of sowing flax and cotton, and therewith supplying themselves with cloathing: but since the late tobacco law hath begun to raise the price of that staple, all these projected schemes are laid aside, and in all probability will continue so, as long as tobacco is of any value, seeing the necessary cloathing for the planters and their negros, may be more easily purchas'd with tobacco than made by themselves. Nor indeed is there much ground to suspect that any kind of manufactures will prevail in a country where handycraft labour is so dear as 'tis here; the heat in summer, and severe colds in winter, accompani'd with sundry diseases, proceeding from these causes, indispose both whites and blacks to hard working, such as labouring people in Great Britain undergo; and where the earth produces enough to purchase and supply all the necessitys of life without the drudgery of much toil, men are tempted to be lazy. As to Trade, upon the strictest enquiry I have all along made, I can discover no sort carried on, to or from this Dominion, but with Great Britain, the British Islands in the West Indies, and the Island of Madeira: our exports to Britain are so well known that little need be said of them, except that all the labour of the people and their slaves on tobacco, pitch and tarr, and such skinB and furrs as are bought of the Indians are carried thither, and returned from thence in goods and necessarys for the inhabitants; and tho' the principal commodity, tobacco, has for some years past been so low that it would hardly afford clothing for those employed in making of it, and consequently the consumption of British manufactures much lessen'd, yet, I don't doubt, the late law for amending that staple will in a short time remove that misfortune, and raise it to so good a price that the planters will be diverted from any kind of manufactures to supply their wants. Besides what I have already mentioned, there is a trade carried on hither from New England and Bermuda for provisions of all kinds, for which there are brought to this country sugar and malasses chiefly of the growth of the French and Dutch Plantations, which being much cheaper than those of our own Islands those industrious people are enabled to carry on an advantagious trade both for themselves and poorer sort of inhabitants here, who purchase those commoditys of them at a less price, than our own merchants can afford to sell theirs, which are solely the product of our own Islands. But I must not omit to inform your Lordships that as the people of New England are obliged to apply themselves to manufactures more than other of the Plantations, who have the benefit of a better soil and warmer climate, there has been of late such improvements made there in all sorts of mechanick arts, that not only escritors, chairs and other wooden manufactures, but from their iron works, hoes, axes and other utensils are now carried from thence to the other plantations, and if not prevented will do great damage to the trade and manufactures of our Mother Country: and unless this one kind of trade, which as yet has been but inconsiderable to this place, I know of no trade entered into here, which hath any tendency to prejudice the Trade, Navigation or Manufactures of Great Britain etc. Recommends Col. Thomas Lee to fill vacancy in Council upon the death of Col. Henry Harrison, "not only in regard Mr. Lee is a gentleman of good parts, of singular probity and character, but because he is one of good interest and esteem in his neighbourhood, which is of no small consideration in a part of the country remote from the seat of Government, where the common people are generally of a more turbulent and unruly disposition than anywhere else, and are not like to become better by being the place of all this Dominion where most of the transported convicts are sold and settled." Signed, William Gooch. Endorsed, Recd. 22nd Dec, 1732, Read 1st Feb. 1732/3. Holograph. 4¾ pp. [C.O. 5, 1323. ff. 61, 63–65, 66 v. (with abstract).]
Oct. 6.
Charles Town.
407. Governor Johnson to the Duke of Newcastle. Acknowledges Instruction of 5th May relating to higher duties on British ships and goods etc. Continues: I have examined what dutys are payd in this Province on English European ships or goods, and there is only 2½ p.c. our currency upon the prime cost of goods from Europe in general, which in sterling money is 8s. 3d., which duty is appropriated towards maintaining a watch in Charles Town, and the act is almost expired; I shall take care not to consent to the renewing it; the dutys upon American goods imported here are much higher etc. Signed, Robt. Johnson. Endorsed, R. 26th Deer. l½ pp. [C.O. 5, 388. ff. 49, 49 v., 49a v.]
Oct. 6.
Charles Town.
408. Same to Same. I am this minute informd that application is making to your Grace for a patent for Naval Officer, it being a place all Governors have the nomination to, by the Acts of Navigation, I humbly hope that hardship won't be put upon me. Signed and endorsed as preceding. 1 p. [C.O. 5, 388. ff. 50, 50a v.]
Oct. 6.
Treasury
Chambers.
409. Mr. Scrope to Mr. Popple. In reply to 19th May, q.v., "the Lords Commissioners of H.M. Treasury are of opinion that the act of S. Carolina for remission of the arrears of quit-rents etc., is not proper for H.M. royal approbation, the whole tenour thereof encroaching upon his royal prerogative, being prejudicial to H.M. Revenue and contrary to H.M. Instructions to the Governour; the said act also confirming large and exorbitant grants pretended to have been formerly made of lands, which would very much discourage private persons from settling there." Signed, J. Scrope. Endorsed, Recd. 10th, Read 25th Oct., 1732. Addressed. 1 p. [C.O. 5, 362. ff. 99, 102 v.]
Oct. 8.
Barbados.
410. President Bar wick to the Council of Trade and Plantations. Reply to letter of 16th June. To return your Lordships the best answer I can I do not know of any new manufactures set up in this island that can any way affect the trade or navigation of Great Brittain nither have we any trade carryed on other then according to the laws of trade now in force excepting a clandestine trade by a parcel of small French sloops that bring to this island rum, sugar, brandy, clarret, coco etc. from Martinique and are constantly made prises when they can be taken. What laws have been past here since my comeing to administer the Government I have transmitted them to your Board by which your Lordships will perceive the trade here goes on the footing it has been for many years past without any alteration made by me and I shall observe it as a rule to send annual returns to these queries etc. Signed, Saml. Barwick. Endorsed, Recd. 5th Dec, 1732, Read 23rd Feb., 1732/3. 1½ pp. [C.O. 28, 23. ff. 52, 52 i., 56 v.]
Oct. 9.
Whitehall.
411. Order of Committee of Privy Council. Whereas the Governors of H.M. Plantations in America are required by their Instructions not to permit any clause whatsoever to be inserted in any law for levying money, or the value of money, whereby the same shall not be made liable to be accounted for, unto H.M. in his Kingdom of Great Britain, and the Lords Commissioners of H.M. Treasury, or to the Lord High Treasurer for the time being, and are likewise strictly enjoyned, upon pain of H.M. highest displeasure, to take care that fair books of accounts of all receipts and payments of all such money should be duly kept, and the truth thereof attested upon oath, and that the said books should be transmitted every half year or oftner, to the Lords Commissioners of H.M. Treasury, or to the Lord High Treasurer for the time being, and the Lords Commissioners for Trade and Plantations, and duplicates thereof by the next conveyance, in which books are to be specified, every particular sum raised or disposed of, together with the names of the persons to whom any payment should be made, to the end H.M. may be satisfied, of the right and due application of the revenue of his Plantations, with the probability of the increase, or diminution of it, under every head or article thereof: And whereas the Lords of the Committee of Council have been this day informed, that notwithstanding the said Instruction, the said Governors have for many years past neglected to transmitt any such books, either to the Lords Commissioners of H.M. Treasury, or to the Lords Commissioners for Trade and Plantations; By means whereof H.M. hath been unacquainted with the revenues, that have been raised in his Plantations, as also with the application thereof: The Lords of the Committee are therefore hereby pleased to order, the Lords Commissioners for Trade and Plantations, to write circular letters to all H.M. Governors in America, who have received the said Instruction, taking notice of such their neglect, and requiring them to pay a due and exact obedience to H.M. said Instructions for the future. Signed, W. Sharpe. Endorsed, Recd., Read 19th Oct., 1732. 2⅓ pp. [C.O. 323, 9. ff. 119–120 v.]
Oct. 10.
Whitehall.
412. Council of Trade and Plantations to Governor Belcher. Acknowledge letters and enclosures of 12th, 21st, 24th June, 13th and 26th July, 21st, 27th and 31st Aug., 29th Oct., 1731, and 10th July and 14th Aug. last. Continue: The substance of all which letters relating principally to ye old difficulties in the matters of your salary, upon which you have had our repeated opinion: To the repeal of your Instructions for the method of supplying the Treasury, and issuing of paper mony, but lately determined; and to ye disputes about command in your absence from N. Hampshire, upon which H.M. has not yet decided. We have had nothing new to trouble you with of late, and therefore have not till now acknowledged ye rect. of these letters. With respect to your salary, we advise you to continue your endeavours to induce the Assembly to a due compliance with H.M. most reasonable demands. For tho' H.M., as you have hitherto fulfilled your duty in this particular by complying with the tenor of your Instruction, has once had ye goodness to allow you to receive a present from the people, in leiu of a salary, we cannot say what may be ye success of your second application, and certain it is; that we cannot constantly advise his Majesty to shew ye like condescention to a people who in no instance have shewn any inclination to do what has been proposed to them by His Royal Instructions. We are surprized that after so solemn determinations on the method of supplying the Treasury, and against ye inconvenience of paper currency in excess; which gave rise to your 16th and 30th Instructions, your Assembly should make fresh application for their repeal. But before this comes to your hands, you will have received ye King's pleasure, upon these matters, which we hope will put a final end to the dispute. But if ye Assembly of New England, when they come to be acquainted with H.M. confirmation of these Instructions, should either refuse or neglect to supply the Treasury of that Province in a legal manner, so that neither the fortifications can be kept up, nor the dignity of H.M. Governmt. supported; it will be the Assembly only that will remain answerable for ye ill consequencies of their own conduct. Having considered what you and Colo. Dunbar wrote concerning the right of command in New Hampshire, and what should be deemed an absence in the Commander in Chief, so as to enable the Lieut. Governor of that Province to take upon him the said command; and conceiving this question to be of great consequence to H.M. service, and to the peace and good government of the Province, we thought it proper to lay the state thereof before H.M. for his royal orders thereupon, which he has not hitherto been pleased to give. Your remarks upon what Mr. Newman wrote to you about his having applied to this Board for the appointment of some Councillors in New Hampshire are something new. For if you imagine that your being directed to lay before us constant lists of such persons as you may think qualified for that trust, implied any necessity that we should nominate from your list only; we must inform you, that you are very much mistaken. And as we are answerable for such persons as this Board recommends to H.M. for Councillors, we ought to acquire all ye information we can, concerning their characters. We can't avoid taking notice of the many parts of your letters, where in general you insinuate pretty hard things against the character of Colo. Dunbar. If you design this by way of complaint agt. him, we desire to know it, that we may send him copies thereof, for his answer; If not; you may discontinue this way of writing for the future; Because it would be hard any man's reputation shou'd be call'd in question, without an opportunity of making his defence. Se we bid you heartily farewell and are Your very loving friends and humble servants etc. [C.O. 5, 917. pp. 72–75.]
Oct. 11.413. Letter of Attorney from William Houston, surgeon, to Philip Miller, of Chelsea, gardener. [C.O. 5, 670. pp. 100, 101.]
Oct. 12.
Kensington.
414. Duke of Newcastle to Governor Hunter. I send you herewith an extract of a letter I have received from Mr. Keene, H.M. Minister Plenipotentiary at the Court of Spain, and a copy of a Memorial that was put into his hands by Mr. Patino, Governor of the Council of the Finances and Secretary of State to the King of Spain, complaining of the refusal that is made at Jamaica to deliver to the persons duly authorised in that behalf, the effects that were saved out of a Spanish pacquet boat that had been cast away at the Cumanas near that island. His Majesty was surprised to receive such a complaint after the care that had been taken by Rear Admiral Stewart and you and H.M. other officers in that Island, to secure and restore to the Spaniards the effects that were saved out of the ship Genoese, which was cast away there about the same time, and the approbation H.M. has been pleased to give to the proceedings of his officers in this respect; and I am commanded to acquaint you with H.M. pleasure that as far as it may depend upon you, no unnecessary trouble or delay may be given to the Agents employed by His Catholick Majesty, or those having sufficient authority under him, in receiving the effects above-mentioned. Signed, Holles Newcastle. Copy. No enclosures. [C.O. 324, 36. pp. 374–376.]
Oct. 12.
Kensington.
415. Duke of Newcastle to Sr. Chaloner Ogle. His Majesty having received a complaint from the Court of Spain, that Captain Aubin, Commander of H.M. the Deal Castle, did, on the 2nd of May last, seize in the Bay of Campeachy, a Spanish ship called La Dichosa, commanded by Dr. Francisco Lopez Marchau, by way of reprisal for the ship Woolball, Matthew Rent, Master, taken by a Spanish privateer under the command of Dr. Simon Mattos, the 2nd of June, 1731. And H.M. considering that this reprisal was made since the issuing of the King of Spain's Cedula of the 7/18th Janry, and the signing of the Declaration of the 28th Janry. 1731/2 by H.M. Minister Plenipotentiary at the 8th Febry.
Court of Spain, and His Catholick Majty's Ministers duly authorized in that behalf (of which I herewith send you copys) and it being H.M.'s intention, that the engagements entered into in his name by the said Declaration be duly complyed with, H.M. has commanded me to acquaint you with His Royal pleasure, that upon receipt hereof you deliver up to such person or persons as shall be commissioned and empowered by the King of Spain to receive the same, the said La Dichosa, with all her apparel, furniture and lading in the condition in which it was at the time of her being seized as aforesaid; and you will send me an account of the receipt of these H.M. commands, and of what you shall have done in obedience thereunto, that I may lay the same before H.M. Signed, Holles Newcastle. Copy. [C.O. 137, 47. ff. 134, 134 v.]
Oct. 12.416. Instructions to Dr. Houston. You are order'd by the Common Council of the Trustees for Georgia etc., to go on board the ship Amelia etc., bound for Madera and Jamaica etc. At Madera you are to inform yourself of the manner of cultivating the vines and making the wines there; and to carry with you to Jamaica cuttings of their best sorts of vines, and seeds, roots or cuttings of any other useful plants you shall meet with on that island which are wanting in the British Colonies; but particularly the cinnamon tree. And if you can find any vessel going from thence to South Carolina, you must also send some of each of the abovementioned things directly there, adressed to Mr. St. Julian at Charles Town. From Jamaica you are order'd to go to the several Spanish settlements at Carthagena, Puerto Bello, Compechy and Vera Cruz etc., and if you can, to cross the country to Panama. At all these places you are to use your utmost dilligence to procure the seeds and roots of all usefull plants, such as ipecacuana, jallap, contrayerva, sarsaparilla, and Jesuites bark; the trees which yield the Peruvian, and Capivi balsoms, the gum elemi etc., the cochineel plant with the animals upon it; and all other things that you shall judge may be of use to the Colony of Georgia. On returning from any of the said places to Jamaica to leave what you have brought over with some person, and send some of each kind to Charles Town etc. Afterwards to spend the remaining part of the three years taking care of their culture in Georgia. Concludes: And you are particularly desired to inform yourself of the nature and culture of the white mulberry-tree which is most proper for the nourishment of silk-worms. As likewise of all sorts of logwood, and other woods and barks of use in dyeing, in order to the propagating of them in Georgia. Mem. Direct to him to the care of Dr. John Cochran at Kingston in Jamaica. Copy. [C.O. 5,670. pp. 2, 3.]
Oct. 12.
Kensington.
417. Duke of Newcastle to Major General Hunter. Encloses copy of following orders to Sir C. Ogle (v. 30th Oct.), for the restitution of the Spanish ship La Dichosa commanded by Dn. Francisco Lopez, marchant, seized the 2nd of May last in the Bay of Campechy by Capt. Aubin, Commander of H.M.S. the Deal Castle, by way of reprisal for the ship Wool Ball, Mat hew Kent, master, taken the 2nd of June, 1731 by a Spanish privateer under the command of Dn. Simon Mattos, off the Colorados near the island of Cuba, and by him carryed to Campechy, and there condemned, on pretence of having been employed in an illicit trade etc. I am to signify to you H.M. pleasure that this order be duly complyed with etc. Signed, Holles Newcastle. Endorsed, Sent under flying seal to Mr. Keene. Draft. 1 1/8 pp. [C.O. 137, 54. ff. 106, 106 v., 107 v.]
Oct. 13.
Kensington.
418. Order of King in Council. Repealing Act of Jamaica for raising several sums of money etc., "by which act a duty was laid of 10s. a head on all negroes imported although the property of the negroes should not be changed there, and of 20s. on every negro exported, and which act was also conceived in such terms that whole cargoes of negroes tho' brought to Jamaica for refreshment only and not landed there would be subjected to the said duty of exportation if any part of them should be sold in that island," this being directly contrary to H.M. Instructions to Governor Hunter and H.M. last Instruction of 10th Dec., 1731. The latter Instruction, notwithstanding the Address of the Council and Assembly of Jamaica for revoking the same, is to remain in force, and the Governor is to adhere strictly thereto as also to his former Instructions on this head as he will answer the contrary. Signed, W. Sharpe. Endorsed, Recd. 28th Oct., 1732, Read 4th May, 1733. 2½ pp. [C.O. 137, 20. ff. 84–85 v.; and (in briefer form) 89, 89 v., 94 v.]
Oct. 16.419. Lord Delawarr to [? the Duke of Newcastle]. Mr. Cole, whose head of hair your Grace is perfectly acquainted with, is the occasion of my troubling you with this. He has been informed that Captain Burrington, Governor of North Carolina, is to be recall'd and is very desirous, that your Grace would be so kind as to recommend him, to be his successor. Indeed, my Lord, it would be an act of great good nature and charity, and I doubt not but he will behave himself entirely to your Grace's satisfaction, etc. Signed, De La Warr. 1½ pp, [C.O. 5, 306. No. 23.]
Oct. 16.
Barbados.
420. President Barwick to Council of Trade and Plantations. The Treasurer of this island haveing brought in his accompts after the last papers were sent away I transmit them together with the storekeepers' by this opportunity being the first that has since happened; by the later accompt it appears how miserable a condition the island is in the publick stores of arms being decayed and in a manner useless, great part of our fortifications lying in ruine and perishing together with the ordnance belonging to them; the Assembly whose business it properly is to raise a sufficient fund for their repair wholly neglect them to the great hazard of this his Majesty's island now exposed to any attempt that may happen to be made upon it so that there seems a necessity some care should be taken either by the Assembly here or his Majesty at home etc. before it is too late to be retrieved. Signed, Samll. Barwick. Endorsed, Recd. 20th Jan., Read 7th Nov., 1733. 1 p. [C.O.28,23. ff. 119, 120 v.]
Oct. 16.
Barbados.
421. Same to the Duke of Newcastle. Has received and will follow H.M. Instructions forbidding higher duties on British than on Plantation ships and goods etc. Repeats preceding letter. Signed, Samll. Barwick. Endorsed, R. Janry. 31st. 1½ pp. Enclosed,
421. i. Account of the stores of war in the magazine at Barbados. The greater part of the arms and accoutrements are described as "rusty and decayed." Signed, at St. Ann's Castle, 23rd Sept., 1732, Samuel Durousseau, Storekeeper. 2 pp. [C.O. 28, 45. ff. 204, 204 v., 205 v., 206 v., 207.]
Oct. 18.
Trustees Office,
Palace Court.
Westminster.
422. Benjamin Martyn, Secretary to the Trustees for establishing the Colony of Georgia, to Governor Johnson, Sir, I do myself the honour to write this letter to you, by order of the Trustees for establishing the Colony of Georgia: which is to inform your Excellency, that an imbarkation of eighty, or thereabouts of his Majesty's natural born subjects will be ready to set sail on the seventh of the next month for the said Colony, and are to be set on shore at Port Royal within your Government. James Oglethorpe, Esqr. one of the Trustees will accompany them himself, and will bring with him H.M. orders contain'd in an Instruction for your Excellency, by which you are directed to give all due countenance and encouragement for the settling of the said Colony of Georgia, by being aiding and assisting to such of H.M. subjects, as shall come into the Province of Carolina. After such a recommendation, there will be little occasion for any other, especially considering, that the success of this undertaking must so greatly redound to the security, and advantage of that Province, the Government of which His Majesty has intrusted to your care. What the Trustees have now to desire of your Excellency, is, that you would be pleased to use your immediate endeavours with the Council and Assembly, that provision be made according to their promise for the sustenance of the new comers, till they can raise it themselves; and that twenty negro labourers, and four pair of sawyers be hired to assist in clearing the ground for this new settlement, which is design'd to be made on the south side of the River Savanah, as near to Port Royal as will be convenient. And your Excellency is further desired to take proper measures for informing the Indian neighbours of the approaching arrival of this new settlement, and to dispose them to live in friendship, and good neighbourhood with them, by assuring them they will meet with the like; and that you would (if your Excellency think it adviseable) engage some of the most friendly among the Indians to come down, and assist them in hunting etc. Mr. Oglethorpe will bring with him an authentick copy of the Charter, under H.M. own signet, and annex'd to the Instruction, by which you are required to cause it to be forthwith register'd, and entered upon record by the proper Officer within your Province. The trustees direct me to acquaint you, that they cannot conclude this letter without remonstrating to your Excellency the great consequence, that no disappointment should happen to this first imbarkation, on their first arrival within your Province; both in regard to so great a number of H.M. subjects, who expose their lives and fortunes to come and settle by you, and likewise in regard to the worthy Gentleman, who has so charitably undertaken the conducting them, and to whose zeal, and indefatigable care the whole design is so much indebted. I am Sir, Your Excellency's most humble and most obedt. servant. Signed, Benj. Martin Secretary etc. [C.O. 5, 666. ff. 1 v., 2.]
Oct. 18.
Whitehall.
423. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, Act of Antigua for repealing so much of an Act of 1715 for constituting a Court of Chancery and any other law now in force etc., as restrained the power of H.M. from appointing a person to preside in the Court of Chancery. [C.O. 153, 15. p. 133.]
Oct. 18.
Whitehall.
424. Mr. Popple to Mr. Fane. Desires his opinion whether the act passed the last session of Parliament for encouraging the Greenland Fishery extends, so far as relates to the indulgences on duties to whale fins etc. imported from Newfoundland. [C.O. 195, 7. p. 277.]
Oct. 19.
Whitehall.
425. Council of Trade and Plantations to Sir William Strickland, Secretary at War. Enclose petition of John Adams, a reduced officer, and one of the Council of Nova Scotia, and extract from Lt. Governor Armstrong's letter thereupon. Conclude: We recommend the poor man to your protection, as a real object of charity, desiring that you will be pleased to set his' pretensions in the most favourable light before H.M. etc. [C.O. 218, 2. f. 263.]
Oct. 20.
Boston.
426. Governor Belcher to Mr. Popple. Acknowledges letters of 16th June, lately received. Is preparing returns to Queries, which will differ very little from those transmitted last year. Concludes: "It is a long time since I have had the honour of any from their Lordships, and I suppose near twenty of my letters lye now before the Board unanswer'd,"etc. Signed, J. Belcher. Endorsed, Recd. 22nd Dec, 1732, Read 30th Aug., 1733. 2 pp. [C.O. 5, 875. ff. 109, 109 v., 110 v.]
Oct. 25.427. Trust grant by the Trustees for establishing the Colony of Georgia, (a) Lease of 5000 acres for one year to Thomas Christie, Joseph Hughes and William Calvert of London, labourers, in consideration of the sum of 5 shillings by them paid, etc. at the rent of one pepper-corn at Michaelmas etc. Copy. [C.O. 5, 670. pp. 4, 5.]
Oct. 26.428. Release of same, "to the intent and purpose that the said Christie" etc. "shall from time to time as occasion shall require grant, assign and transfer to every man of the age of twenty-one years or upwards who within the space of twelve months from the date hereof shall arrive in the said Province of Georgia with a design to settle and inhabit there and shall signify to them etc. his desire to have lands granted to him; a certain number of acres not exceeding 50 etc., upon condition that if such person shall not inhabit the said province for the term of three years from and after the day on which he shall request such grant etc., and shall not cultivate such lands as shall be given him etc., or shall depart out of the province without licence in writing etc., or shall alien, assign or transfer the said lands etc. or any interest therein without the special leave of the Common Council of the said Corporation etc., it shall be lawful for the said Trustees into and upon the said lands to re-enter etc. and such person utterly to expell, put and amove etc.; and also on this further condition, that if any of the said lands so to be granted shall not be cultivated planted, cleared or improved during the space of ten years from the date of the grant of such lands, that then all and every part or parcell of such lands not cultivated etc. shall be and belong to the said Trustees, and the grant of such lands as to such parts or parcels thereof shall cease determine and be void etc. And further reserving a yearly rent for ever after the rate of four shillings for every hundred acres, the payment of which said rent not to commence or be made untill ten years after the making such grant etc. Reversions or remainders on the demise of such grantees without male issue to be to the Trustees etc. The said Christie, Hughes and Calvert covenant to execute the trust hereby in them reposed etc., and to obey and perform all orders and directions given them by the Common Council etc. touching the granting and disposing of such lands etc. Copy. [C.O. 5, 670. pp. 5–10.]
Oct. 26.
New York.
429. Governor Cosby to the Duke of Newcastle. Abstract. Announces death of Mr. Smith, Secretary of the Jersies. This is reckoned one of the most considerable places belonging to these provinces, yet brings in no more than £450 a year. Mr. Smith resided at Philadelphia, for above 15 years, and executed the office by two deputies, one for the East and the other for the West division, who paid him about £170 sterl. a year. He has continued the deputies upon the same footing "under my son billy," and hopes his Grace will confirm in that office. Continues: It will give me a little more power in that province then I had, which I doe asure your Grace is greatly wanting to Governors in these parts, for ye Secretary s and thier deputy a think themselves intierly independent of ye Governers and allmost act accordingly which is a very great hindrance to ye King's affairs, (I doe not spake as to myself for I make ye right use of Mr. Clarke he is my first minaster) espetially at this time, since etc. ye example and spirit of the Boston people begins to spread amongst these Colonys in a most prodigious maner. I had more trouble to manige these people then I could have imagined, however for this time I have done pritty well them; I wish I may come off as well with them of ye Jarseys. My lord augustus is with me, he is all ye young people that I have seen the most agreeable and unaffected etc. Has sent the Duchess a live beaver etc. Set out, N.Y. Col. Doc. V. 936; N. J. Archives, 1st Ser. V. 320. Signed, W. Cosby. Holograph. 3¾ pp. [C.O. o, 1093. ff. 254–255 v.]
Oct. 30.
Kensington.
430. Duke of Newcastle to Sir Chaloner Ogle. Encloses H.M. order for restitution of the La Dichosa etc. (v. 12th Oct.). Continues: But H.M. has commanded me at the same time to acquaint you, that this order having been given and a duplicate of it put into the hands of the Spanish Ministers, to be by them transmitted to the West Indies, upon condition that if, contrary to expectation, any embargo should have been laid, or seizure of the ships or effects of H.M. subjects should have been made by the Spaniards in revenge for this reprizal, such embargo is to be taken off and all such seizures are to be restored, at the same time that this Spanish ship is delivered up. It is therefore H.M. pleasure that when you execute his orders for the delivering up the said Spanish ship, La Dichosa, you take care that this condition be complyed with on the part of the Spaniards, or have sufficient satisfaction, that the orders for that purpose are sent to the several Spanish ports, where it may be necessary, and particularly to La Vera Cruz, and in such manner as there may be no reason to apprehend any chicane or delay. Signed, Holles Newcastle. Endorsed, Copy sent to Mr. Keene by C.D. =(? Charles Delafaye). [C.O. 137, 54. ff. 108, 108 v., 109 v.]