America and West Indies
December 1732, 16-31

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

Year published

1939

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279-287

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'America and West Indies: December 1732, 16-31', Calendar of State Papers Colonial, America and West Indies, Volume 39: 1732 (1939), pp. 279-287. URL: http://www.british-history.ac.uk/report.aspx?compid=72638 Date accessed: 19 April 2014. Add to my bookshelf


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December 1732, 16-31

Dec. 18.
St. James's
491. H.M. Warrant appointing Henry Dawkins to the Council of Jamaica in the room of Alexander Henderson decd. Countersigned, Harrington. Copy. [C.O. 324, 36. p. 380.]
Dec. 18.
New York.
492. Governor Cosby to the Council of Trade and Plantations. Abstract. Will hold Courts of Chancery, in accordance with the Board's letter of 4th Feb., and examine into the quit-rents etc. Awaits H.M. directions concerning French encroachments amongst our Indians. Has reminded the Governor of Connecticut of his promise to transmit to the Board an authentick copy of the laws. In reply to letter of 16th June, can discover no manufactures set up or trade carried on in the province that may in any way affect or prejudice the trade, navigation and manufactures of Great Britain. Refers to the Laws which he will transmit as soon as possible. Continues: The inhabitants here are more lazy and unactive than the world generally supposes, and their manufacture extends no further than what is consumed in their own famillys, a few course lindsey woolseys, for cloathing, and linnen for their own wear, the hatt makeing trade here seemed to promise to make the greatest advances to the prejudice of Great Brittain. But that the Parliament, having already taken into their consideration, needs no more mention, whatever new springs up that may in the least affect and prejudice the trade or navigation of Great Brittain, shall be narrowly inspected and annual returns of your Lordships' Queries constantly sent etc. Set out, Doc. Hist. N.Y. I. 491. Signed, W. Cosby. Endorsed, Recd. Recd. 15th, Read 27th Feb., 1732/3. 2 1/3 pp. [C.O. 5, 1056. ff. 17–18 v.]
Dec. 18.
New York.
493. Same to the Duke of Newcastle. Duplicate of preceding, mutatis mutandis. Adds abstract of his answers to the letters of the Board of Trade. Acknowledges his Grace's commands of 16th July. Set out, N.Y. Col. Docs. V. 940; and N. J. Archives, 1st Ser. V. 322. Signed, W. Cosby. Endorsed, R. 19th Feb. 8 pp. [C.O. 5, 1093. ff. 256–259 v., 260 v.]
Dec. 18.
New York.
494. Same to Mr. Delafaye. Abstract. Refers to preceding. Acknowledges his many obligations to him. Their long friendship will entitle him to the continuance of his favour. Urges removal of Mr. Alexander, who is very obnoxious to most in the Council and every honest man, having the character of a very tricking dishonest man. He was a schoolmaster on board one of H.M. ships and turned out for being a Jacobite. By his tricks and oppressions has made his fortune here as a lawyer. Mr. Delafaye's nephew is a great favourite with them, and he is to do something essential for him and his sister Phanny in giving them some tracts of land etc. Set out, N.Y. Col. Doc. V. 942, and N. J. Archives, 1st Ser. V. 325. Signed, W. Cosby. 2 1/3 pp. [C.O. 5, 1093. ff. 261–262.]
Dec. 18.
New York.
495. Same to the Council of Trade and Plantations. Abstract. Has enquired strictly into every circumstance that may contribute to the good of trade and welfare of these Provinces etc. Recommends Henry Lane to supply place of Robert Walters, decd., in the Council of N. York, and Daniel Horsmanden that of Wm. Provost also desires to be transferred to the Council of New Jersey whither he has lately removed etc. James Alexander, a member of both Councils, is very unfit to sit in either. He is the only man who has given him any uneasiness, and during the President Van Dam's administration swayed him in everything that was irregular and since has clogged and perplexed everything with difficultys that relate to the Crown etc. Recommends in his place Joseph Warrell, whose behaviour justifies Lord Malpas' recommendation of him before he left England. Postpones recommendations for the three other vacancies in New Jersey till he meets the Assembly there early in the spring. Proposes Wm. Dick, Capt. of one of the Independent Companies, in the place of Alexander in the Council of New York. Thinks a gentleman of that station should be on the Council, their assistance in the particular knowledge of military affairs being very often wanted etc. Hopes these appointments will be made soon, as the Councils in both Provinces are very thin etc. Signed and endorsed as No. 492. 3½ pp. [C.O. 5, 1056. ff. 20–21 v., 22 v.]
Dec. 19.
Sheerness,
Downs.
496. Capt. Fytche to Mr. Popple. Encloses following which the chief inhabitants and traders at Canso desired to be sent to the Lords Commissioners etc. Continues: I must own their complaints are very just; what is set forth by them being but a small part of what is there transacted etc. Signed, Robt. Fytche. Endorsed, Recd. 21st Dec, 1732, Read 6th March, 1732/3. 1 p. Enclosed,
496. i. Memorial of the Magistrates of Canso, deputed by Governor Philipps, to the Council of Trade and Plantation. 8th July, 1732. This port of Canso is a place of very great trade for the codd and whale fishery, and great numbers of H.M. subjects resort here during the fishing season etc. Refer to Governor Philipps' Commissions to them, encl. iii. Continue: We frequently meeting with opposition in the execution of the same (to the great discontent of all concerned) by those who happen to command the troops in quarters here for our protection alledging a defficiency in our authorety, we therefore humbly pray your Lordships would be pleased to signefy to us weather we may by virtue of the authorety aforesd. assert the libertys of H.M. subjects according to law or submit intirely to the miletary power if soe it will intirely destroy the fishery and settlement, etc. Complain that great numbers of taverns are licensed to sell liquer by the officer commanding there, and most of them soldiers, by which means the fishermen are drawn off from their duty etc. This "might be remedied by the power of granting licenses being left to the Justices, and the fund ariseing from that as well as other lawfull perquisites and fines might be appropriated towards the building of churches, a town house, a gaol, stocks etc. which might be effected by the means of some subscriptions among ourselves in two or three year at furthest." Continue: Our fishing houses and rooms are yearly burnt and destroyed by the soldiers. Our servants and fishermen are frequently listed to our great detrement and that without being brought before a civill Majestrate to be sworn according to law etc. Signed, E. How, Thomas Wroe, Joshua Peirce. Endorsed as preceding. 1 p.
496. ii. Memorial of Merchants of the Massachusetts Bay and New Hampshire to Governor Phillips. Boston, 20th May, 1731. Complain of depredations committed by the garrison for several years past on the houses, warehouses, stages and flakes built by them on land belonging to them by regular grants from H.E. Have "lately received certain advice of great damages done this last winter to houses, warehouses and flakes of several shoremen, especially belonging to John Henshaw Esq. of Boston the first English settler of the said Canso whereby their several fishing vessels on their arrival with their fares of fish are wholly disappointed where to cure and make the same etc. Pray H.E. to give orders to the C.O. that such practices be not continued and that the previleges of H.M. subjects be secured etc., or the settlement will be broken up etc. and then improved by the French, who watch all opportunities from our neglect etc. 67 signatures. Endorsed as preceding. Copy. 3½ pp.
496. iii. Governor Phillips' Commission to John Henshaw, Edward How, Tho. Wroe, Francis Wells, Joshua Pierce, and Thomas Kilby, Justices of the Peace in the town and liberties of Canso. 18th Aug., 1730. Signed, R. Philipps. Same endorsement. Copy. 1¼ pp. [C.O. 217, 6. ff. 145, 146–149 v.]
Dec. 19.
Sheerness,
Downs.
497. Same to Same. Encloses following. Signed and endorsed as preceding letter. 1 p. Enclosed,
497. i. Answers to Heads of Enquiry relating to the Fishery at Canso, 1732. (1) The inhabitants are possessed of stages, cookrooms etc., by virtue of grants for lands from the Governor of Nova Scotia, for which they pay an annual quit-rent to him, upon which they build houses, stages etc., but there are no rooms left at large for fishing ships, (ii) No. (iii) The Fishery is carryed on partly by people from Exeter and the West of England, but mostly by the people of New England and Nova Scotia, there has also resorted to some of Canso Islands several French fishermen and inhabitants of Cape Brittoon, also kept this year thirty boats, and had very great success, they have done it many years upon a pretence of leave from the Governor; but I have forbid them to come for the future to fish at the same Islands, as it is of great damage to our Fishery and contrary to the Treaty of Utrick. (iv) In general comply'd with. (v) The servants and fishermen go all upon share, (vi) There is no fishing ships or boats kept by the English, the fishery being carried on by sloops and schooners, (vii) The inhabitants that remain the winter are very few, those mostly employ'd in cuting wood, and are set led cheifly on Canso Island, (viii) The houses being the property of the persons possessing the same by virtue of grants from the Governor, everyone builds their flakes etc. without controul as far as their lands extend. (ix) No fisherman is possessed of any fishing rooms, but by patent as above or by hireing them of the owners, which is frequently done, (x) There are no fishing ships, but a great many ships that come directly from England to load with fish which are all supply'd from Great Britain, and even furnish the inhabitants with bread, flower, pork and beef, (xii) There is kept at Canso by the inhabitants four publick houses, and by the soldiers ten, which are all licenced by the commanding officer there, to the great prejudice of the fishery as they encourage the fishermen to spend their wages and neglect their masters' business, besides many other inconveniencys. (xiii) I have too much reason to believe that the shoarmen do trust their servants with liquors, and often more than their wages come to, so that between the publick houses and them, the poor fishermen have little or nothing left at the making up their accounts in the fail to subsist them the whole winter, to the great discouragement of the Fishery. (xiv) The New England traders do entice, and carry away seamen, fishermen, and others whenever they have an opportunity. (xv) The salt they now use is as good as usual etc.. and cure the fish with a sufficient quantity, the allowance being from eight to ten hogsheads for every 100 quintals offish, (xvi) By the strictest enquiry both of the masters of ships and shoar men, I find the fault of the fishes not turning out at forreign marketts so good and in such condition as it ought, is equally owing to them boath, to the masters by taking their fish on board before it is well cured, and after sunsett, and in great dews, and by carrying a mixt cargoe which is all sold at markett for marchantable fish, when it's only (what in the stile of the fishermen is called Tal Qual) to the shoarmen, by not allowing a sufficient number of hands to cure the fish, and throw the piles so often as they should do, and not giving it time in the pile to swett before its carryed on board the ships, and not keeping their contracts, with masters of ships who agree with them for it at their arrival, but oblige them to take it on board before it is well cured, or else will dispose of it to others, who will do it, which are too many to the great detriment of this trade; how to remedie this abuse must leave to your Lordships' better judgment, (xvii) The French have a very great fishery upon the Isle called Isle Royal and Islands adjacent which is most carried on by boats but have a great many ships and schooners. I was informed there was no less than 7000 fishermen upon that coast, part of which comes annually from France, the rest remain the winter at the settlements which are many; the cheif Lewisbourgh, now a very large towne and walled in within these few years, there is mounted upon the several fortifications that command the harbour 122 great guns, besides 36 brass cannon of 42 pounders, brought over this year, the number of soldiers I cannot learn, (xviii) The Governor, or Lt. Governor grant what fishing rooms they think fitt, but whether the officers or soldiers are concern'd in the fishery cannot possibly determine. Sheerness, Canso. 1st Oct., 1732. Signed, Robert Fytche. Same endorsement. 10 pp. [C.O. 217, 6. ff. 151, 151 v.—158.]
Dec. 20.
St. James's.
498. Order of King in Council. Appointing Henry Peers jr., to the Council of Barbados, in the room of William Leslie decd., as proposed 6th instant. Signed, Temple Stanyan. 1½ pp. [C.O. 5, 21. ff. 23, 23 v.]
Dec. 20.
Whitehall.
499. Council of Trade and Plantations to the King. Representation, upon Order of 10th Aug., upon the Memorial of Jonathan Belcher jr., praying that Governor Belcher may be permitted to give his assent to the bill granting him £3000 etc. Continue: Altho' we cannot reflect without concern upon the obstinacy with which the General Assembly of the Massachusetts Bay persist in their refusal to settle a fixt salary upon their Governor for the time being; yet considering on the other hand, that the present Governor has hitherto strictly complied with the terms of your Majesty's Instructions on this head, and that he and his family must be great sufferers if he be left to support the dignity of his station out of his private fortune. We are humbly of opinion that for this time your Majesty may be graciously pleased to permit Governor Belcher to give his assent to the aforesaid bill, in expectation that some method may be fallen upon, for bringing the Assembly of this Province to a better sense of their duty. [C.O. 5, 917. pp. 77, 77 v.]
Dec. 21.
St. James's.
500. Order of King in Council. Approving representation of Council of Trade, and ordering that the Surveyor of H.M. lands in Nova Scotia do survey and lay out the lands desired by John Hart etc. Signed, Temple Stanyan. Endorsed, Recd. 29th Jan., 1732/3, Read 24th Jan., 1733/4. 2 pp. [C.O. 217, 7. ff. 3, 3 v., 6 v.]
Dec. 21.
St. James's.
501. Order of King in Council. Directing the Governor of Nova Scotia to pass a grant for above lands upon the terms proposed. Signed and endorsed as preceding. 2¾ large pp. [C.O. 217, 7. ff. 4–5 v.]
Dec. 21.502. Grant by the Trustees for Georgia etc. 500 acres to be set out by James Oglethorpe, to James Lacy, of London merchant in tail male, to plant white mulberry trees and breed silk worms, on payment of £1 Is. and rent of £2 10s. per ann. after ten years, on condition that he arrive in Georgia with 12 months with four men servants, and there remain for three years, and within ten years clear and cultivate 100 acres of wood ground, and within twenty years 300, being part of said 500 acres, and plant 1000 white mulberry trees per 100 acres of land so cleared. Not to enter into partnership for making potash (v. 7th Dec.) The Trustees to supply him and his four men servants with provisions (5 lb. of flower and 5 lb. of meat per week) for a year, etc.; and, when requested by the grantee, to grant to such men servants as shall arrive and settle with him, lands under such conditions and in such quantities as shall by them have been then last granted to any other men servants in like circumstances. [C.O. 5, 670. pp. 46–55.]
Dec. 21.503. Similar grants of 500 acres each to Roger Lacy, Joseph Hetherington, Theophilus Hetherington, and Philip Bishop, of London, merchants. [C.O. 5, 670. p. 56.]
Dec. 21.504. Abstract of Governor Johnson's letter to Mr. Hutcheson. Hopes when Mr. Walpole is fully informed of Mr. St. John's conduct, he will have him removed from all his offices. Has been pressed by the Council to suspend him, but prefers to represent the whole matter to the Ministry, from whom he hopes for redress. It will be impossible to support the authority of the Government, and to do the King's business, if St. John and Whitacre meet with encouragement. The Assembly met the 8th inst. and with great reluctance received Mr. Amiens for their Clerk, to whom he had given a commission pursuant to H.M. Instructions (v. June 25), although the Assembly till now had constantly appointed their own Clerk. This is a proof of their desire to shew their duty to the King, in submitting to what they think a hard thing. Has not given any warrants to run out and survey lands pursuant to any patents from the late Lords Proprietors, and will not do so till the King's pleasure in this matter is signifyed to him, except in the case of the purchasers of baronies from Lord Carteret, who insist on his granting warrants to have the same survey'd as by law they ought. Has received a letter from the Duke of Newcastle to countenance those purchasers in ascertaining their lands, "but the letter is not wrote as an order from the King, but as his own desire. This very much perplexes the Councill and myself, least we should herein disoblige his Grace. The Councill observing a difference between the grants of these baronys, and the grants made to Landgraves and Cassiques arc of opinion that I should suffer the same to be survey'd, but not to suffer them to be recorded, or to pass any grant under the Seal of the Province for the lands so survey'd till H.M. further order. Mr. Purey is arrived with about 50 men and women and children. We have allowed them all conveniences and necessarys, and about 60 who arrived some time before Mr. Purey are gone to Pureybourgh highly satisfyed with their reception. 1½ pp. [C.O. 5, 388. ff59, 59 v.]
Dec. 23.
St. James's.
505. Order of King in Council. Approving report of Committee, upon Address of the Representatives of the Massachusetts Bay, and ordering that no alteration be made in the XVIth and XXXth Articles of the Governor's Instructions. The Committee's report quotes that of the Council of Trade and states that, after hearing Mr. Wilks, Agent for the Province, they agree that no alterations should be made "for the reasons contained in the said report and particularly in regard your Majesty hath not, by the said 16th Article restrained the Governor from assenting to any act for issuing bills of credit to a greater value than £30,000 provided he do insert a clause in such act to prevent its taking effect till your Majesty shall have approved or confirmed the same; and that in regard the 30th Article was framed upon very mature consideration, to prevent the unwarrantable proceedings of the said Assembly in assuming to themselves such extraordinary powers of judging and determining what accounts should or should not be paid, after the money hath been raised and appropriated and even after the services have been performed which powers are vested in the Governor and Council of your Majesty's said Province" etc. Signed, Temple Stanyan. Endorsed, Recd. 15th Aug., Read 7th Sept., 1732. 5½ pp. [C.O. 5, 874. ff. 134–136 v., 137 v]
Dec. 23.
Boston.
506. Governor Belcher to the Council of Trade and Plantations. Duplicate, mutatis mutandis, of letter to Duke of Newcastle, Dec. 26th, No. 508. Set out, Mass. Hist. Soc. Coll. 6th Ser. VI. 226. Signed, J. Belcher. Endorsed, Recd. 20th Feb., Read 30th Aug., 1733. 8 pp. Enclosed,
506. i. Duplicate of Dec. 26. End. i. [C.O. 5, 875. ff. 121–124 v., 125 v.—131 v.]
Dec. 25.507. Office expenses of the Board of Trade, Michaelmas— Christmas, 1732. See Journal of Council. Endorsed, Recd. 9th Jan., 1732/3. 6 pp. [C.O. 388, 80. ff. 64–68 v.]
Dec. 26.
Boston.
508. Governor Belcher to the Duke of Newcastle. Abstract. Has forwarded duplicate of letter of Nov. 21st. Will write more fully in a few days, when the sitting of the Assembly is over. Encloses speech at opening of session, showing the miserable condition of the Province, for want of the Assembly's granting supplies. There has not been a shilling in the Treasury for 19 months, and there is now upwards of £40.000 due to the soldiers and officers, civil and military. Cannot judge whether the Assembly will raise any money. "But as they have, my Lord Duke, taken a very extraordinary step upon H.M. Royal Instructions to me (say the 16 and 30) by addressing H.M. a third time to withdraw them, and in case H.M. will not hear them, then their Agent is instructed to apply to the House of Commons. This, my Lord Duke, is what I take to be very extraordinary, to complain to H.M. dutifull and faithfull Commons of the serenity of H.M. proceedings with his people here; I believe this is without precedent" etc. The justice of H.M. orders will appear plain by comparing them with the Charter. If the construction of any paragraph appears dubious, why cannot the Judges of England determine it? "I know no reason unless that the Assembly here love to be clamorous and troublesome." Hopes H.M. will not recede from the 16th and 30th Instruction, "which are excellently calculated for supporting the honour of his Government, and for the peace, welfare and happiness of his people" etc. "As to the 16th Instruction which limits or restrains the striking of credit bills, I believe every man of thought and substance is highly thankfull that the Assembly are kept from ruining all the estates of the Province by issuing out floods of those pernicious bills; at an emission of 50 or £60,000 every man that has outstanding debts, sinks at least a fifth part of his capital, the bills growing in three or four months' time of so much less value than before such an emission; and whereas £125 of lawfull money of the Province wou'd purchase £100 str. yet £350 of the vile bills that have been issued by the Government will not at this day purchase that sum; so that to allow to any further liberty of making these bills than for the annual expence of the Province, or to extend the calling them in beyond the year in which they are issued wou'd have a direct tendency to the ruin of the King's Government and people, and wou'd prove a great fraud and cheat upon all the merchants of England, who have always large effects in this country" etc. The 30th Instruction exactly quadrates with the Charter etc., "and for His Majesty to give it up, or condescend to the House of Representatives examining the public accounts of charge of the Government, I shou'd think it wou'd be as well to suffer them to appoint their own Governour. For really, my Lord Duke, all the struggle in that matter is for power. If every account of the Province must be subjected to a House of Representatives, the King's Governour will be of very little signification. They that have the controul of the money, will certainly have the power; and I take the single question on this head to be, whether the King shall appoint his own Governour, or whether the House of Representatives shall be Governour of the Province" etc. Has drawn up enclosed state of the case respecting Instruction 30 etc. (v. 23rd Jan. and 23rd Dec). Signed, J. Belcher. Endorsed, R, 26th March. 8 pp. (quarto, gilt-edged). Enclosed,
508. i. A letter from one in Boston to his Friend in the Country. Discusses the claims of the several branches of the Government to the power of allowing the accounts of charges and ordering their payment. Argues that by the Charter of 1692 the Governor and Council have this power, without any previous allowance of the General Court. The dangers of embezzlement and misapplication are greatly exaggerated. Any sums that may have been misapplied the 29 years that the Governor and Council have quietly enjoyed this power, will not amount to one tenth part of the charges the Province has been put to by the new method, besides the great expence the officers have been at in attending many weeks upon the General Court, to get their accounts and muster-rolls passed etc. Signed, A Lover of Government and Liberty, (i.e. .J. Belcher. v. covering letter). 12 pp. [C.O. 5, 898. ff. 472–481 v.]
Dec. 27.
Rhode Island.
509. Mr. Kay to the Council of Trade and Plantations. In pursuance of your commands, I gave myself the honour of writing to you the 2nd Sept., 1731; and att that time, sent an Act of this Colony for the emitting £60,000 in bills of credit; I have now transmitted another Act being in force last Octr. Signed, Nathll. Kay. Endorsed, Recd. 9th May, 1733, Read 17th Sept., 1735. Holograph. 1 p. [C.O. 5, 1268. ff. 162, 163 v.] Enclosed,
509. Copy of Act of Rhode Island, Oct., 1732, laying 6d. per ton on vessels trading to this Colony, for supplying Fort George with powder etc. Endorsed as preceding. Copy. 1 p. [C.O. 5, 1268. ff. 162, 163 v., 166 v.]
Dec. 28.
Treasury
Chambers.
510. [Mr. Leheup] to Mr. Popple. Encloses following to be laid before the Board etc. No signature. Endorsed, Recd. 28th Dec, 1732, Read 10th Jan., 1732/3. 1 p. Enclosed,
510. i. Extract of letter from Lt. Governor Gooch to [? Mr. Leheup]. 5th Oct., 1732. Desires his application on behalf of Col. Thomas Lee to supply the vacancy in Council of Virginia occasioned by the death of Col. Harrison etc. Has already recommended Col. Armistead (v. 9th Aug.). Concludes: As I am apprehensive there will be some pretenders to this honour I must beg of you to be pressing that before any appointment is made contrary to my recommendation, I may be allowed to give my reasons for opposing the promotion of those who are for making their way to it by the interest of gentlemen at home who know nothing of their lives and characters here. Copy, 2/3 p. [C.O. 5, 1323. ff. 56, 57, 59 v.]