America and West Indies
February 1734

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1953

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'America and West Indies: February 1734', Calendar of State Papers Colonial, America and West Indies, Volume 41: 1734-1735 (1953), pp. 27-45. URL: http://www.british-history.ac.uk/report.aspx?compid=72753 Date accessed: 03 September 2014.


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February 1734

Feb 2.31. Petition of Capt. Taverner, later Surveyor of Newfoundland, to the Council of Trade and Plantations. Abstract. By the Treaty of Utrecht the French have liberty to fish with their ships only from Cape Bonavista to Portrich, which is the north part of Newfoundland, and no other. Since H.M. subjects have had possession of the west part, a considerable number of French, men, women and children, have deserted from Cape Britton, and settled in and about a harbour called Portabask, near Cape Ray, the extreme part to the west. Most of them ran away for debt or some felonious act, and generally brought with them stolen boats, and all sorts of goods, by which they have now become a little Commonwealth of themselves. Two years since when a French planter in Portbask died, and the principal inhabitants met to settle his affairs, but when petitioner asked to be paid a debt out his estate, he was answered that they would take care of themselves, but as to the English, they would have nothing to do with them. Those inhabitants are supplied from several ships of Byona and St. John Deluce, that fishes on a little island at Cape Ray, and some of them fish on the Main, contrary to the Treaty of Utrecht. But their greatest supply is from St. Malo and Rachael, who supply them with almost everything needfull to carry on the cod, salmon and seal fishery and furring, nay even with green men which are engaged for 36 months, which the masters in France pretend they are to serve at Cape Breton. Those ships load with fish, oil and furs, and go thence to Cape Breton, where they fraudulently obtain a certificate that their cargo was taken and made in there, by which they save 10 p.c. on their return to France. This has been their practice for several years. Some private men in the port of Ingarnish in Cape Breton, contrary to the Governor's order, enables Indians to come over from thence to Cape Ray, to take furs and hunt for venison, which is a very great prejudice to us that fish and trade in those parts, the fear of those Indians deters our people so much that we have great difficulty to get men to go there. The French continuing to desert from Cape Breton with stolen goods, and the Governor have threatened the French inhabitants of Port Bask, concerning their employing those men and buying those goods, some of them have proceeded further to the Eastward among the English where the Admirals have seized those stolen boats and goods, and applyed them to their own use. By this means the French gentlemen have lost all their goods, which no doubt must be severely paid for by some of H.M. subjects some time or other. Those French inhabitants are very detrimental to H.M. subjects in their fishing, hunting and furring, but more particularly in cutting their timber, which is very scarce in that part of the country, and in few years there will be none left save for fireing. The French ships supplying the inhabitants with goods renders our trade ineffectual, which is very hard upon us, when those ships and goods are all confiscable by law. As there is such an appearance of war at present, proposes that a person well skilled in those affairs be empowered to prevent the supplying of the inhabitants of Port Bask and places adjacent with any but British goods, to notify the Indians to depart from Newfoundland; and that no runaways from Cape Breton may have liberty to sell their goods as formerly, but that they may be taken care of for the owners etc. Signed, Wm. Taverner. Endorsed, Recd. 5th, Read 6th Feb., 1733/4. 1 large p. [C.O. 194, 9. ff. 177, 177v.]
Feb. 4.
Barbados.
32. Governor Lord Howe to the Council of Trade and Plantations. Inclos'd I have the honour to transmitt to your Lordships an Act pass'd the Council and Assembly here and to which I have giv'n my consent entituled An Act for the further better and more certain regulating and appointing the fees of the Several Offices and Courts in this Island. As also all the Minutes of Council relating to it with the Report of the Committee of Council to whom I referr'd the examination of the lists of fees of the several offices, which I had order'd to be giv'n in, in pursuance of H.M. 36th Instruction, to regulate all salarys and fees that they be within the bounds of moderation and that no exaction be made on any occasion whatsoever; of which several complaints had been made to me. Upon the Report of the Committee of Council it appear'd many illegal and very exorbitant fees had been taken by the several officers or their deputys, to the list of which I beg leave to referr your Lordships in the paper marked D. annex'd to the Report, where your Lordships will observe they had exacted several sums over and above the fees which had been appointed to be taken by law for those particular services, and likewise several large sums for fees, for which there was no law made to impower them so to do, to both which they plead a sort of prescription because they had been taken by some of their predecessors contrary to law, but as notwithstanding their pretended right they were upon both those accounts liable to severe prosecutions and penaltys by several laws now in force in this Island, and as I thought it would be hard the present officers and deputys shou'd suffer for taking fees which they might think they had a right too, because the same had been taken by their predecessors, tho' illegally, and which perhaps they had neglected to examine into, and as I thought it was absolutely necessary the poor inhabitants here, especially under their present most unhappy circumstances shou'd be reliev'd from those heavy burthens and oppressions, and in obedience to H.M. 36th Instruction abovemention'd and 38th commanding me to use my best endeavours with the General Assembly to procure an Act to be pass'd for settling a salary or reasonable fees on the several Judges here and for restoring to the Clerks and Marshals the several and respective fees mention'd in an Act pass'd in Barbados in 1667 and repeal'd in 1709/10 as prejudicial to the Secretary and Provost Marshal. All which fees by this Act have been again settled on the several Judges and Clerks and proper care taken, by appointing fees for the Secretary and Provost Marshal, that they might not be prejudiced thereby; for all those reasons I hope your Lordships will not disapprove my having referr'd the Report of the Committee of Council with the papers thereunto annex'd to the consideration of the General Assembly that they might bring in a law for regulating the fees, which accordingly they did and was pass'd by the Council and Assembly unanimously. Therein is first recited all the former laws for regulating fees which are now in force in this Island and also new fees are appointed for the several services for which there was no law before, for taking which as I had the honour before to observe to your Lordships the several officers and deputys were liable to severe penalties according to a law now in force; There is also a clause in this Act to oblige the several officers and deputys before they can enter upon the execution of their offices to give in security to the Governor in Council for the faithfull execution of their respective offices under the penalty of their being remov'd by the Governor with the advice and consent of the Council, and in their places to appoint any other person till the Patentee shall depute one that will comply with this Act, the reason of this clause was to prevent a very great grievance which has been long complain'd off, that in some cases people who suffer here by willfullness or negligence of officers, are oblig'd to go over to England to seek a remedy, which always must fall hardest upon the poorest people, and many have suffer'd because not in a capacity or able to take such a voyage to obtain relief. All those securitys are very small, as your Lordships will observe by the Minutes dated December 19th and to which I must also beg leave to referr, and which were fix'd in such a manner that the Patentees might not complain of any hardship and yet the poor people have a remedy in case they shou'd be impos'd upon or deceiv'd by the officers; Before I gave my consent to this Bill, as several petitions setting forth the hardships the patentees wou'd suffer and the violation of their rights and priviledges, should this Bill pass into a law, had been giv'n in to the Council and Assembly and the petitioners had been heard by their Council thereto, and as I had several Instructions from H.M. relating to the Patent Officers, I took time to consider them, but though after that, I apprehended my passing this Bill, as it now stands, was not contrary to the true meaning and intent of those Instructions, yet as I always shall take the utmost care in everything to obey H.M. Commands, I chose rather than depend upon my own judgment to take the opinion of the several members of H.M. Council here, who when I found were unanimous in their opinions, as your Lordships will see by the Minutes of Council dated December 10th and to which I beg leave to referr, I then gave my assent to it. But also before I pass'd it I took particular care none of the Patentees shou'd suffer, by having made the strictest enquiry I cou'd whether the offices as the fees are now regulated cou'd be let for the same rent they were before, in case all the Deputys shou'd throw them up as they had declar'd they wou'd, and found several gentlemen were ready to give the same rents for them and undoubted securitys in the same sums as were before given, for the payment of them and for the faithfull execution of the offices, therefore the Patentees wou'd not be really hurt by this law but only their deputys depriv'd of making their fortunes at the expence and by the ruin of H.M. subjects the poor inhabitants of this Colony; an instance of this has lately appear'd by a suit between two gentlemen for the profitts of the Deputy Provost Marshal's place, wherein a verdict has been given in the Court of Common Pleas and confirm'd lately in Chancery, by which it appears there was made of that office, exclusive of the rent paid in England and all other expences necessary for the execution of it, £1500 p. annum clear to the Deputy. I thought proper to mention this to your Lordships to show the complaints against the Deputy Officers for taking exorbitant fees are not without reason.—Two indeed of the Deputys (the Deputy Secretary and Deputy Registor in Chancery and Clerk of the Crown, the two last places belonging to the same person) have thrown up their offices, and refus'd to give security according to the Act, but immediately two gentlemen took the said offices on the same conditions the others had them, and have given the same security, copies of which I have transmitted to Mr. Whitworth and Mr. Cracherode the two patentees, and had any of the other Deputys acted in the same manner, I doubt not there wou'd have been several found to have taken the offices with undoubted security; upon the whole I hope your Lordships will not disapprove of my conduct in this affair, nor be of opinion I have acted contrary to H.M. Instructions, but think this Act ought not to be repeal'd and believe what I have done was intirely in regard to H.M. service and the interest of the people of this Island who at this time labour under many difficulties, and have the greatest occasion for some speedy relief. I have also the honour to inclose to your Lordships duplicates of my last, since which I have had fresh intelligence by Capt. Reddish, Commander of the Fox, H.M. station's ship here, that the French are making great preparations at Martinique as they give out in order to attack this Island, but I shall take all imaginable care to get our fortifications and militia in as good a condition as possible to receive them. Signed, Howe. Endorsed, Recd. 1st., Read 2nd April, 1734. 3 large pp. Enclosed,
32. i. Minutes of Council in Assembly of Barbados, 6th Dec, 1733–11th Jan., 1734. Copy. Endorsed a preceding. 16 large pp. [C.O. 28, 24. ff. 23–33 v.]
Feb. 4.
Barbados.
33. Governor Lord Howe to the Duke of Newcastle. Duplicate of preceding covering letter. Signed, Howe. Endorsed; R. 3rd April. 3½ pp. [C.O. 28, 45. ff. 311–312 v.; and (abstract of above letter and that of Jan. 6th), 304–307.]
Feb. 6.
Whitehall.
34. Council of Trade and Plantations to the Committee of Privy Council. In pursuance of your Lordships' orders of the 6th day of December last, we have considered the humble petitions of the Merchants of London and Bristol who trade to South Carolina, complaining of an Act passed in that Province, on the 20th day of August 1731 entituled, An Act for appropriating the sum of one hundred and four thousand seven hundred and twenty-five pounds one shilling and three pence farthing, towards payment of the publick debts. And likewise of an Act passed there in 1696, entituled, An Act for the encouragement of the better settlement of South Carolina. We have been attended upon this occasion by the Petitioners, and by Mr. Sharpe and others on the part of the Governor Council and Assembly of South Carolina, and have heard what either side had to offer, for the disallowance or confirmation of the Acts in question. We should naturally report our opinion at the same time to yor. Lordps. upon both these Acts; but with respect to the first of them commonly called the Appropriation Law, we have not yet receiv'd so perfect information concerning the several facts that have been advane'd on either side, as may enable us to form a judgment upon them. But with regard to the Act for the encouragement of the better settlement of So. Carolina, as we are inform'd that the issue of several causes now depending in that Province, will in great measure be governed by H.M. Royal determination upon this Act, we think ourselves obliged to expedite our Report thereupon and to acquaint your Lordships, that by this Act, it is provided, that no person or persons residing in So. Carolina, or that shall hereafter transport themselves into that Province, there to plant and inhabit, shall be arrested, sued or impleaded in any Court or imprisoned for any debt; whether ye mine be by bill bond, or any other specialty, accounts or reckonings whatsoever, contracted before their arrival there, until ye expiration of five years after his or their arrival in South Carolina. We conceive this clause to be in its own nature, repugnant to the Common Law of England, and as it actually does prove extreamly detrimental to the interest of H.M. trading subjects by screening ill disposed persons who may be guilty of fradulent practices towards their correspondents and creditors, which must naturally tend to destroy the good faith and credit that ought always to subsist between merchants, we would humbly propose that this Act may be laid before H.M. for his disallowance. [C.O. 5, 401. pp. 82–84.]
Feb. 9.
Jamaica.
35. Governor Hunter to the Duke of Newcastle. On the 11th day of last month the slaves in rebellion to the number of two hundred or as some say two hundred and fifty made an attempt upon the post call'd the Brest Work where we were a building a barrack, but were repuls'd by the party which cover'd the workers, since that time many of the slaves belonging to the planters in that neighbourhood have deserted to them, which has put their masters in great consternation and under dreadfull apprehensions. The Assembly meets on Tuesday next, which I hope will think it high time to apply more effectual remedys to these evils then they have hitherto done; whatever is determined your Grace shall be acquainted with, but I think it my duty to give you my opinion frankly that this Island is in a very defenceless state. I had the honor of your Grace's letter of the 27th of August by the last ship, with a copy of H.M. order to the Recorder of London, relating to the pardon of Wright and Wyatt etc. Signed, Ro. Hunter. Endorsed, R. 13th May. 1½ pp. [C.O. 137, 55. ff. 1, 1 v., 2 v.]
Feb. 10.
New
Providence.
36. Governor Fitzwilliam to the Council of Trade and Plantations. Refers to letter of 24th Dec (sic) (v Dec. 4and 5, 1733). Forbears to fill up the vacancies in the Council,' until certain which of those named in his Instructions will or will not return to this Government." Continues:—I am realy at a loss to find many people of common capacity or integrity sufficient to compleat our number; and those few that are here with many others of the inhabitants talk of leaving the place, being under very great apprehensions that there is a war broke out in Europe, in which case they are sensible they must very soon fall a sacrifice to our neighbours, either the French or Spaniard as they have often done before, and I confess my own private apprehensions are the same with theirs, for I realy believe that my whole Company have not twenty muskets among them that could be discharged three times successively without bursting, they are so very bad, and the fort in its present situation could not be defended against three hundred men. And in addition to these misfortunes three fourths of the inhabitants have no arms of any kind nor able to buy any, so that your Lordps. may easily judge what will become of us in case of a war unless you are pleas'd. to think of some measures to preserve us untill such time as we are put in a posture of defending ourselves, by causing the works to be erected that were agreed to before T came from England, the plans and estimates of which the Engeneer is preparing, but when they will be done I can't tell, for I know not how it happens that the Engineer sent over with me is in a great measure independent of the Goverment, and is consequently master of his own time, for he had, without my knowledge before I left England, and indeed contrary to my expectation, obtain'd an instruction from the Board of Ordnance to return to England as soon as he had drawn a few plans here, and made the estimate, which I apprehend was not the intention of H.M. Order in Council; etc. therefore I cannot help conceiving that his design of obtaining this instruction was in order to endeavour at the whole and sole direction of the works to be directed here, and of all the money that shall be given for that use, without being accountable or controuled by any power of this Govermt. etc. Suggests that the Governor and Council should have power to inspect, approve or reject all agreements made with workmen and for materials for the works and that money for the same should be remitted to the Treasurer of the islands and thereby save the expence of appointing many new officers etc. Proposes that, in case there is any likelihood of a war, two light frigates should be sent, to remain among the islands until the works are sufficiently far advanced for them to defend themselves etc. Continues: But if they are sent hither independant of any power of this Goverment over them, as they are generally sent abroad, they will not be of any service to us, for I have long observ'd, that there is scarce a Goverment in America, but had rather not have them at all upon the footing they have been sent them for some years past, which I fear will be difficult to persuade the Admiralty to alter. I mentioned in my last, that a vessell went from hence to the Gulf of Florida, to see what the Spaniards were doing upon the wrecks, which vessell being returned, the master gives an account that all the money and other effects that were found, and could be got up, were carried away to the Havana, but that there were three millions of pieces of eight on board a large ship that is still missing, in quest of which there are at this time about two hundred men and three or four small vessels attending them in the King of Spain's pay, but that it seem'd very indifferent to them, whither they found her or not, and therefore were resolved very shortly to return to the Havana from whence they came. I am to acquaint your Lordships that soon after the death of Mr. Rogers all the acts of Assembly of these islands were secreted or conveyed away by some person to prevent their being put in execution, and are not yet found except an act for levying divers sums of money to defray the publick charge of these islands, which was in the dead of the night left at my door wrapt up in a sheet of clean paper without any direction or other writing. The case is that many of the inhabitants found themselves laid under some restraint by these laws, and therefore had prevail'd with Mr. Thompson the late President to suspend the execution of them during his Government, but they being apprehensive that upon the arrival of a Governor the laws would again be put in force, they fell upon this methode of suppressing them; for my own part I am realy at a loss how to behave among them, for in my lifetime I never knew so lawless, profligate and turbulent a people as most of them are, and I fear they are not to be gain'd over to a better disposition by easy and gentle means. I beg to receive your Lordps' directions concerning these acts as soon as it is convenient to you. I propos'd calling an Assembly this month, but the Council were of opinion that in this season of the year it would be detrimental to the people to be taken from their planting, or gathering of salt, therefore I have deferr'd it till the month of May, when they will be more at leisure. Signed, Rd. Fitzwilliam. Endorsed, Reed. 2nd July, 1734, Read 30th July, 1735. 3¾ pp. [C.O. 23, 3. ff. 113–114 v., 115 v., and (abstract) 112, 112 v.]
Feb. 10.
New
Providence.
37. Governor Fitzwilliam to the Duke of Newcastle. Refers to letter of 4th Dec. Repeats preceding information concerning Spanish wrecks. Continues:—The chief of the few inhabitants of these islands talk of withdrawing themselves and effects out of this Government, being apprehensive that in case of a war, which they at present seem to believe unavoidable, they will be immediatly destroyed by our neighbours either the French or Spaniards, and to speak the truth their apprehensions are not without foundation, for it has been always customary upon the least misunderstanding between H.M. and the Crown, for the Governor of Cuba to send over some men here to destroy our settlements, which they have done with success five or six times during the late war, and this place was never more defenceless than at present etc. Repeats preceding. Continues:—Our fort that was the only show of defence is now so old and out of repair, that it's render'd almost quite useless, therefore I must beseech your Grace to think of some method to preserve us, untill such time as the works are compleated, which before I left England were agreed upon should be erected here etc. Refers to preceding. Signed, Rd. Fitzwilliam. Endorsed, R. 3rd July. 2 pp. [C.O. 23, 14. ff. 235, 235 v., 236 v.]
Feb. 11.
St.
Christophers.
38. Governor Mathew to Mr. Popple. By H.M.S. Torrington I send a box with duplicates of what I sent to Capt. Bryan and another box etc. with two acts of this Island, one for settling an annual allowance on me, the other for raising the fund to pay it etc. Asks for his assistance in furthering their confirmation etc. Signed, William Mathew. Endorsed, Recd. 7th, Read 27th June, 1734. 1 p. [C.O. 152, 20. ff. 115, 117 v.]
Feb. 11.
St.
Christophers.
39. Same to the Council of Trade and Plantations. Prays for favourable report for act for settling additional allowance etc. (v. preceding). Continues:—This settlement is hardly half of the former settlements made on Col. Hart and Ld. Londonderry, but in the present apprehensions we are all in of a warr, I'm very well pleas'd with it, it is given me as all the other settlements were in a free generous manner, and in my own opinion these Islands are not well able to do more for me. Prays their Lordships to recommend these bills etc. I have us'd my best reasons with the severall Councills and Assemblys of Antigua and this island especially to provide to their utmost for their defence and have found them cheerfully willing to bear any expence and labour for that purpose and laws are making and passing for that end, cou'd we but obtain the helps I have wrote to Mr. Coope to apply for and no ememy come upon us before June or July next, I shall think this Government well provided for a defence. I am under more apprehensions for Nevis than the other three islands. They have hardly more than three hundred men on it, no island fortification or retreat, nor will provide any, no discipline, no arms, and yet I think in a state of indiference. I see no haste to mend their present bad plight, and if an enemy attack them, I shall, from there being hardly two landing places in the island, be very much distressed to escape thro' an enemy and get ashore to their assistance, etc. Signed, William Mathew. Endorsed, Recd. 7th, Read 27th June, 1734. 2 pp. [C.O. 152, 20. ff. 116, 117, 117 v.]
Feb. 12.40. Capt. Taverner to the Council of Trade and Plantations. The French Governor of Grand Bay in Nova Francia, opposite to Point Rich in Newfoundland, frequently fitts out several boats with powder, shot and all necessarys for a furring voyage for the winter season, which boats are frequently mann'd with 70, or 80 Indians, the Nation of the Mountaineers, in whose country he is Governor; those boats and men, he sends to Newfoundland in September, where they disperse themselves during the winter, from Cape Grott along the North West coast of Newfoundland as far as the great Bay of St. George, which is within 15 leagues of Cape Ray; during the winter season they take great quantities of furrs; it being the best part of Newfoundland for furring and hunting. I was credibly informed that this have been the yearly practice of that Governor ever since the Treaty of Utrecht, from several of ye inhabitants of Port Bask which have winter'd amongst them on that coast, and furring on their own accounts, particularly one French man, which belonged to the said Governor, who came over to Newfoundland with those Indians, and continued with them until April, at which time they return to Grand Bay with their shalops, loaded with furrs and other skins, so that it is a plain demonstration that the North West coast of Newfoundland is better for furring and hunting than Nova Francia; and that it cannot be immagined that H.M. subjects can have the benefit of that trade in those parts, so long as the Governor of Grand Bay continues those practices, because there is no safety to their lives, nor yet for the necessarys they carry with them for their support in the winter season. Signed, Wm. Taverner. Endorsed, Recd. Read 12th Feb., 1733/4. 1 p. [C.O. 194, 7. ff. 178, 178 v.]
Feb. 13.
Whitehall.
41. Bishop of London to Mr. Popple. Good Sr., I desire the favour of you to cast your eye upon the inclos'd letter, and Act of Assembly, wch. I receiv'd yesterday from the Commissary of New York; and in three or four days I will wait upon you in relation to the contents of it. The law, in England, is, that the revenue of ye vacancy shall belong to ye next incumbent, after ye charge of serving ye cure and other legal burthens are defray'd by him; and since no provision of any kind has been made in the Province of New York, either for ye performance of divine service, or ye application of ye revenue, during ye vacancy, it should seem that the rule in England ought also to be ye rule there. The introduction of such an usage as this new law enacts, is a temptation to ye parish to delay ye call of a minister, and, upon every vacancy, may deprive the inhabitants, for one whole year, of ye benefit of divine service. Your faithful frd. and sert., Signed, Edm. London. Endorsed, Recd. 13th, Read 15th Feb., 1733/4. Holograph. 1 p. Enclosed,
41. i. Rev. W. Vesey to the Bishop of London. New York, 16th Dec, 1733. Hopes for his Lordship's seasonable interposition to obtain the disallowance of an Act of New York, passed in November last, to impower the vesting of the parish of Jamaica in Queeris to dispose of sixty pounds, which had been raised by virtue of an Act of Assembly for the maintenance of a Minister for the said parish etc. The consequences of the said act being confirmed may prove fatal to the churches," for the same persons that had the power and influence of procureing the passing of this law, may have the like influence in obtaining a law, for altering or repealing the laws now in force, for setling the ministry and raising the maintenance for them; and this dangerous precedent may be a leading card to effect such purposes. And as the present Speaker and majority of the House of Representatives are not of the Church, who can tell how fond some persons be of following precendents? Especially when I beg leave further to inform your Lordship, that this Act was brought in, and passed at the close of the session, and hurried thro' both houses, and passed before Mr. Colgan or myselfe had the least suspicion thereof, or time to be heard by petition, or otherwise to prevent the same etc. As the Act for raising the Minister's sallary, has not made any provision in case of death, and as Mr. Colgan for the greatest part of the time from Mr. Poyer's death to the time of his induction, officiated and performed the duty there, he being next incumbent is by law entituled to the money raised dureing that time; But as the Vestry and Church Wardens of that parish are annually chosen by the inhabts. thereof pursuant to that act, they being the majority, always take care to elect Dissenters to those offices, and the present sett not only refused to pay that sixty pounds to Mr. Colgan, but also refuse to pay him any part of the sallary, that has become due and been raised since his induction; soe that Mr. Colgan is oblidged to goe to law with them for that; in which case the sixty pounds in their hands may be of service, to enable them to litogate the point over again etc. Signed, Will. Vesey. 12/3 pp. [C.O. 5, 1056. ff. 82, 83, 83 v., 87 v.]
Feb. 13.
Treasury
Chambers.
42. Mr. Scrope to Mr. Popple. Abstract. The Lords Commissioners of the Treasury, upon an Order of Council grounded on a report of the Board, 20th Dec, to consider of a reasonable sum to be paid Agatha Campbell etc., enquired of Governor Philepps whether the arrears of quit rent which he by the same order was directed to pay to Mrs. Campbell had been paid, and what further sum he considered should be paid to her for the purchase of her quit-rents and claim of seigniory. For answer, he refers Widow Campbell back to Nova Scotia for receiving and gathering said arrears, and doubts whether she who, as he is informed, has but one fourth in the inheritance of the late Monsr. Latour, can take upon her to convey the whole. Their Lordships therefore invite the Board to reconsider this affair and to settle the petitioner's right with the method of transferring the same, and to ascertain the sum reasonable for the Crown to pay her. Encloses Order of Council (v. March 29), and copy of Governor Philipps' letter etc. Signed, J. Scrope. Endorsed, Recd. 18th, Read 21st Feb., 1733/4. Addressed. 2 pp. [C.O. 217, 7. ff. 7, 7 v., 10 v.]
Feb. 14.43. Francis Wilks to the Council of Trade and Plantations. Pursuant to Instructions I have received from the Great and General Court or Assembly of the Massachusetts Bay etc., in relation to the petition of Mr. Rindge, touching the controversy between the said Province and New Hampshire about their bounds etc., I do hereby as Agent of the said Province etc. humbly submitt it to your Lordps., and do hereby consent and agree that the said boundaries may be determined and setled by wise disinterested persons of the neighbouring Governments to be nominated and appointed by His Majesty or your Lordps., and that etc., the said Commrs. shall have the matter in controversy left to them fully and without any limitations saving only that the levies however they may happen to be run do not affect the property of particular persons etc. Signed, Fra Wilks. Endorsed, Recd. 14th, Read 15th Feb., 1733/4. 1 p. [C.O. 5, 876. ff. 26, 29 v.]
Feb. 15.44. Petition of John Rindge of New Hampshire, Esquire, to the Council of Trade and Plantations. The Agent for the Massachusetts Bay, instead of putting in an answer to petition on the strict point of the bounds as ordered by your Lordships last May, has at last laid before your Lordships his submission for the lines to be run by Commissioners etc. as preceding. The lines must be run on the spot, by Commissioners there, and Petitioner has no objection to their being authorised for that purpose here, but prays that such Commission may direct a short limited time for running the said lands. But he represents that the question which has so long been depending is, at what place the south boundary of New Hampshire shall begin, and what course it shall run. That question, he apprehends, must be determined by the true and legal construction of the terms of the Charters granted to the Massachusetts Bay, and may not therefore be proper for the determination of meer surveyors or mathematicians in America, but may be proper for H.M. in Council etc. Prays that a day may be appointed for hearing the parties on these points etc., and that when they are determined, Commissioners may be appointed for running the lines according to such determination. Signed, Ferd. John Paris, for the petitioner. Endorsed, Recd. Read 15th Feb., 1733/4. 2 pp. [C.O. 5, 876. ff. 27, 27 v., 28 v.]
Feb. 15.
Whitehall.
45. Mr. Popple to Mr. Fane. Encloses for his opinion in point of law an Act of S. Carolina, 1732, to prevent any delay of justice etc. [C.O. 5, 401. p. 84.]
Feb. 15.
Whitehall.
46. Council of Trade and Plantations to the Committee of the Privy Council. Pursuant to yor. Lordships' order of the 6th of Decembr. last, we have considered such parts of the petition of Thomas Cooper Esq. James Greeme and Rowland Vaughan Esqs. as relate to an Act passed in S. Carolina, entituled An Act for prevention of suits and disturbances to H.M. Judges and Magistrates in this Province on account of the Habeas Corpus Act, humbly praying to be heard by their Council against the said Act, and that the same may be repealed. We have consulted Mr. Fane, one of H.M. Council at Law upon this Act, who has made several objections to it, in point of law, and having considered the said Act, agreeable to your Lordships' Order of Reference, without entring into the motives that might induce the Assembly of South Carolina to enact it. We take leave to acquaint your Lordships, that this is an Act of an extraordinary nature, and as it repeals a Law already in being, so far as relates to the Petitioners, without being provided with a clause for suspending ye execution thereof, till H.M. Royal pleasure concerning it should be known, in which point it is derogatory to the 24th article of the Governr's. Instructions; We are humbly of opinion that this Law should be laid before H.M: for his disallowance. [C.O. 5, 401. pp. 85, 86.]
Feb. 15.
Whitehall.
47. Same to the King. In obedience to your Majesty's Order in Council of the 20th day of December last, we have considered the humble petition of Collo. Horsey to your Majesty, setting forth, that on the 26th day of Decr. 1726, the late Proprietors of Carolina signed a warrant to make him a Landgrave of that Province, and to grant him four Baronies or forty eight thousand acres of land, to be annexed to his said Honour of Landgrave; but that the Petitioner being then concern'd in solliciting a surrender of the Province of South Carolina to yor. Majesty, from the late Lords Proprietors, he did not attempt to take up the said lands at that juncture, being desirous to avoid everything which might give any obstruction to the proposed surrender, and chusing rather to depend upon yor. Majesty's goodness for perfecting his grant, when yor. Maty, should be in full possession of the Province. Whereupon the Petitioner most humbly prays your Majesty in regard to his good services in solliciting and perfecting the sd. surrender and ye great trouble and expence he was at, upon that account for which he hath never had any consideration, that your Majesty will be graciously pleased to direct that a grant be made to him, of the lands comprised in the above mentioned warrant of the late Lords Proprietors, in such manner as yor. Majesty in your great wisdom shall think fit, that he may be enabled to pursue his intention of making a settlement, in ye sd. Province. We beg leave to acquaint your Majesty that we find the allegations of this petition to be true; and are humbly of opinion that in all probability Collo. Horsey might have procured the completion of this grant from ye late Lords Proprietors, if he had apply'd to them for that purpose, at the time when he was solliciting an accomodation between them, and your Majesty's Royal Father, for the purchase of their interest. The Quit Rent reserved to the late Lords Proprietors in this grant, was ten shillings p. annum, for every thousand acres, but upon our objecting to Collo. Horsey, that the Quit Rents reserved in yor. Majesty's grants, since this Province hath been vested in the Crown, have been established by your Majesty at the rate of four shillings Proclamation Mony for every hundred acres of land, and that if his grant should be allowed, by yor. Majesty with the reservation only of the ancient Quit Rents it must occasion some confusion in the Province, when the said lands should come to be divided and let to different persons, in small farms; the said Collo. Horsey in answer to this objection, hath signifyed to us by his Memorial, that being desirous to promote as much as he is able, the entire settlement of South Carolina, for your Majesty's service, and the general good of that Province, he is contented to submit to the Quit Rent now reserved in yor. Majesty's grants of four shillings p. hundred acres, still hoping for your Majesty's Royal favour, upon some other occasion, in consideration of his endeavours and services in procuring the surrender of this Province to your Majesty. And the Petitioner having assured us, that he forthwith intends to transport a proper number of persons to South Carolina, in order to make a settlement upon the lands that shall be granted him; we beg leave humbly to represent to your Majesty, that altho' in general we may be of opinion, that the making grants of large tracts of land in America, may not be adviseable, yet considering the late Lords Proprietors did grant the Petitioner a warrant for this quantity of land, that he is to pay the common Quit Rents; and appears to us to be both qualifyed and disposed to settle the said tract of land, We are humbly of opinion, that your Majesty may be graciously pleased to order a grant to be made to Collo. Horsey of forty-eight thousand acres of land in South Carolina, under the Quit Rent of four shillings Proclamation mony of that Province for every hundred acres, and upon condition, that one third part thereof shall be cultivated within the space of ten years after the date of the said grant. [C.O. 5, 401. pp. 87–90.]
Feb. 15.
Whitehall.
48. Mr. Popple to Mr. Fane, Encloses, for his opinion in point of law, Act of New York, to empower the Vestry of Jamaica etc. [C.O.5, 1125. p. 301.]
Feb. 15.
Whitehall.
49. Same to Same. Encloses similarly Act of N. York to repeal part of a clause in an Act etc. [C.O. 5, 1125. p. 301.]
[Feb. 15.]50. Petition of Thomas Goodwin of the Parish of St. James's, Westminster, Butcher and his wife Jane, to the Council of Trade and Plantations. Prays to be heard against Act of New York (1719) for annulling and making void a fraudulent conveyance of Mary Davenport made by her while she was sole, by the name of Mary Miserol to one James Brown of certain lands, goods and chattells late belonging to John Miserol her former husband deceased. The said Act most irregularly deprives the heirs of John Price deceased and particularly petitioners of their property and inheritance in certain lands, plantations, negroes &c. in New York in their absence unheard and contrary to all the rules of law equity and justice and doth not contain any clause for suspending the force of the same till H.M. pleasure known. The said Act hath layn by for a long time without ever receiving the Royal Approbation, and petitioners are advised that the same (while it remains) is a barr to their application in a legal manner for the recovery of their just rights withheld from them etc. Pray that they may be heard against the same, and that the said Act may be reported for H.M. disallowance and disapprobation etc. Signed, (for the petitioners) Ferd. John Paris. Endorsed, Recd. Read 15th Feb., 1733/4. 1 p. [C.O. 5, 1056. ff. 90, 97 v.]
Feb. 18.
Boston.
51. Governor Belcher to the Duke of Newcastle. Abstract. Has lately returned from holding a General Assembly in New Hampshire, and hopes to transmit copies of proceedings by the next ship, with "the state of that little Province, in which I will at present only say, that it will be impossible to support the King's honour or to promote the welfare of his subjects while Colonell Dunbar is Lieutenant Governour, and he and I are at so great distance." Continues:—From my first arrival to these Governments he has study'd all the wayes in his power to quarrel with me: No Gentleman, My Lord Duke, in command in H.M. Plantations has labour'd with more difficulties than I have in support of H.M. honour and interest, and to bring the people to a just sense of their duty to the Crown, nor has my Administration been hitherto faulted in any article, why then am I so severely punisht as in having this gentleman tackt to me for a Lieutt. Governour, which I humbly assure your Grace is of no service to the King, nor to his people, nor is it any profit to himself. Let me then be a humble orator to your Grace, that he may be remov'd and another appointed in his stead. I am to give your Grace ten thousand thanks for the great consideration and goodness, with which you are pleas'd to recieve Mr. Belcher of the Temple etc. The Assembly of the Massachusetts is now sitting, and I inclose to your Grace their journals to this time, and I hope they will gradually come up to a full sense of their duty to the best of King's, nothing shall be wanting in my power to promote H. M. honour, and the best interest of his people; and which are very compatible. Signed, J. Belcher. Endorsed, R. Aug. 10. 3 pp. [C. O. 5, 899. ff. 63–64 v.]
Feb. 18.
Boston.
52. Same to the Council of Trade and Plantations. Has spent a month at New Hampshire and held a General Assembly there etc. Continues:—I now cover to your Lordships What Past in that Assembly and in H. M. Council. Your Lordship will see I have done everything in my power to bring that Assembly to a sense of their duty to H. M. Signed, J. Belcher. Endorsed, Recd. April 22, Read May 29, 1734. 5pp. [C. O. 5, 876. ff.35–36 v., 45, 45 v.]
Feb. 19.
Charles Town.
53. Mr. Badenhop to Mr. Popple. The new General Assembly are sitting etc., but nothing having been done this first sessions worthy the notice of the Lords of Trade, H. E. does not write to them by this conveyance etc. Transmits acts assented to last Assembly, with Journals of Assembly and Minutes of Council etc. Signed, J. Badenhop. Endorsed, Recd. 19th June, 1734, Read 20th Aug., 1735. ¾ p. [C. O. 5, 364. ff. 91, 92 v.]
Feb. 20.54. Jamaica Merchants to the Council of Trade and Plantations. Abstract. Pursuant to directions given by the Board, when they attended on 14th inst., enclose following. This being the fourth unsuccessful attempt to subdue the rebellious negroes, it is feared that, unless some effectual means be applied very soon, their numbers will quickly increase to a greater body than there are white inhabitants etc. Mr. Smith's account shows that the Spaniards on Cuba have given assistance to, or countenanced these people. Signed, Jno. Locke, Ste. Browne, Antho. Chamberlain, Rd. Harris, Forman and Lang, Jonathan Ewer, John Gregory, Pa. Gregory. Endorsed, Recd. Read 21st Feb., 1733/4. 1 p. Enclosed,
54. i. Relation by John Smith, planter, of the engagement between Thomas Swanton and the rebellious negroes in Aug. last. Describes shooting of the leader, Assado, who is supposed to have been a Spanish molatto, which seems the more probable because some months before a Spanish sloop came into and took a sugar droging sloop out of Port Morant and carried her to St. Jago de Cuba. The master, on his return, reported that the Spaniards there were acquainted with the action before the news of it reached the Government at Spanish Town. No master at the North side is now master of a slave, many of them not doing half the work that they used to do, nor dare their masters punish them, for the least disgust will probably cause them to join the rebels. Many of the inhabitants therefore intend to quit the island for North America, unless there is a speedy prospect of relief. Signed, Jno. Smith. 21/8 pp.
54. ii. Extract from a letter from Jamaica. We are in terrible circumstances. The rebellious negroes got the better of all our parties, and our men are quite dispirited and dare not face them in equal numbers etc. Nothing but soldiers can save the situation etc. ¾ p.
54. iii. Extract from a letter from Jamaica, Sept. 10, 1733. To same effect as preceding. 1 p. [C. O. 137, 21. ff. 7, 8–9,11, 12, 14 v.]
Feb. 21.55. Address of the Governor, Council and Assembly of Jamaica to the King. Wee your Majesties most dutiful and loyal subjects, the Governor Council and Assembly of this your Majestie's Island of Jamaica, are so fully perswaded of your Majestie's tenderness and care for the support and preservation of your people that wee do with the greater assurance and hopes of success, apply to your Majesty to implore your most gracious assistance in our present dangerous and distressed condition. We beg leave to acquaint your Majesty that the danger we are in proceeds from our slaves in rebellion against us, we have for several years past been at an extraordinary and almost insupportable expense, in endeavouring to suppress them, and whilst we had any reasonable hopes of succeeding wee declined being too importunate for relief, but our attempts against them having been vain, only convinced us of our weakness, so great that instead of being able to reduce them wee are not in a condition to defend ourselves, the teror of them spreads itself everywhere and the ravages and barbarities they committ have determined several planters to abandon their settlements, the evil is daily encreaseing and their success has had such influence on our other slaves that they are continually deserting to them in great numbers and the insolent behaviour of others gives us but too much cause to fear a general defection, which without your Majestie's gracious aid and assistance must render us a prey to them. We humbly beg your Majesty will please to believe our danger at least as great as we represent it and that this may very possibly be the last opportunity we may have of applying for help, but however it may please God to dispose of us, and however miserable our fate may be, wee shall whilst wee have any being wish prosperity to your Majesty and that you may long continue a blessing to the rest of your people. Signed, Ro. Hunter. For the Council, Jos. Maxwell, Cl. Concil; For the Assembly, Wm. Nedham, Speaker. Endorsed, Recd, (from Mr. Sharpe) Read Nov. 26, 1734. 1⅓ pp. [C. O. 137, 21. ff. 110, 110 v., 111 v.]
[Feb. 21.]56. Petition of Widow Campbell to the Council of Trade and Plantations. Reply to Governor Philipps' letter to the Lords Commissioners of the Treasury (v. Feb. 13). Endorsed, Recd. Read Feb. 21, 1733/4. French. 5 large pp. [C. O. 217, 7. ff 11–13 v.]
[Feb. 22.]57. Petition of Thomas Lowndes to the Council of Trade and Plantations. Enclosed paper shows that petitioner was chiefly instrumental in negotiating the sale and surrender of the Charter of S. Carolina. Col. Horsey indeed carried most of the messages from the Lords Proprietors to the Earl of Westmorland, they wishing to make him appear useful, as he had hopes from Court that he would be sent as Governor by H. M. In the Act of Parliament, 1729, for conveying the Province to H. M. there is only a saving clause for all grants under the seal of the Province before 1st Jan., 1727. Suggests that Col. Horsey's warrant was antedated (v. 23rd Jan.). Col. Horsey received ample reward for his services in connection with the surrender in the shape of 70 guineas etc. Prays that he may not be excluded from a bounty from H. M. by Col. Horsey being rewarded for what petitioner chiefly performed. Petitioner has framed a scheme for the general good of the trade of Great Britain to America etc. Endorsed, Recd. 22nd, Read 28th Feb., 1733/4. 3 large pp. Enclosed,
57. i. Memorandum of Warrant by the Lord Proprietors of Carolina, 9th June, 1729, for a gratuity of £700 to Thomas Lowndes for his services for six years and for drawing the scheme wch. induced the Ministers to treat and for supporting it by reasons in Parliament and for procuring drafts of Port Royal harbour and a large manuscript map of Carolina. 1 p. [C. O. 5,363. ff. 33–34, 35 v.]
Feb. 22.
Whitehall.
58. Council of Trade and Plantations to the Duke of Newcastle. Enclose papers submitted by Jamaica merchants etc. Continue:—Your Grace will perceive there is reason to apprehend that these rebellious negroes have some correspondence with the Spaniards at Cuba. We are sorry to observe that negroes daily leave our Plantations to join those in rebellion, who flushed with ye advantage they have had in the four last rencounters with the parties sent out against them, have already made themselves masters of a plantation and of two penns or cattle pastures near Port Antonio. It is to be feared they will not stop here, that they may make some further attempts and probably meet with success from the dread the island seems to be in upon this occasion. Your Grace may possibly have already received an account of this affair, but as it seems of very great consequence, we take leave to inclose copies of the papers that have come to our hands upon this subject and to desire your Grace will please to receive H. M. directions thereupon, that the proper means may be applied for the preservation of this island which the inhabitants seem so little disposed and so little capable of doing themselves. For, upon this occasion we cannot help reflecting how unwilling the people of Jamaica were to accomodate the two Regiments which H. M. was graciously pleased some time since to send them for their security and which undoubtedly might during their continuance there upon proper orders and encouragements have put an effectual end to this growing evil. This Island however is of too great importance to be lost either for the folly or the obstinacy of the people. Autograph signatures. 3 pp. Enclosed,
58. i. Abstract of papers relating to Jamaica [? by Mr. Delafaye]. 5 pp.
58. ii. Copy of memorial by Jamaica Merchants, 20th Feb. supra.
58. iii. Copy of report by John Smith, supra.
58. iv. Extracts from letters from Jamaica, Sept. 10, 1733. [C. O. 137, 47. ff. 207, 207 v., 209, 210–212, 214, 214 v., 216–219 v.; and (without enclosures) 138, 17. pp. 393, 394.]
Feb. 22.
Whitehall.
59. Mr. Popple to Mr. Fane. Encloses papers relating to Mrs. Campbell's petition, desiring him "to inform My Lords what will be the most proper method of transferring or extinguishing her right to the seigniory" etc. (v. Oct. 23, 1733). [C. O. 218, 2. pp. 293, 294.]
Feb. 25.60. Mr. Lowndes to the Council of Trade and Plantations. Avers that Col. Horsey's grant of 48,000 acres (v. Jan. 23 and Feb. 22) "could not possibly be signed till Feb. 27, 1727/8, after the treaty with the Crown was set on foot. And the late Lords Proprietors, who are men of quality and persons of great justice, and honour, will to be sure give your Lordps. a satisfactory reason, why Coll. Horsey's warrant was antedated" etc. P. S. Tricks will be plaid with the Props.' Minute Book if care be not taken. Signed, Tho. Lowndes. Endorsed, Recd. 25th, Read 28th Feb., 1733/4. Addressed. 1 p. [C. O. 5, 363. ff. 37, 44 v.]
Feb. 20.61. Thomas Lowndes to Mr. Popple. In return for a gross incivility you was guilty of some time ago towards me, I intend in a few days to print in the Grub Street Journal some letters of yours to me, wrote in your private capacity; and being a letter in your debt was the reason I wrote my last to you, in that style and manner. But really I must congratulate the Publick, that a person so engaged in business as you are have been able to improve the orthography of our language, without puting the State to the expence of an Acadamy. Signed, Tho. Lowndes. Endorsed, Recd. 26th, Read 28th Feb., 1733/4. 1 p. [C. O. 5, 363. f. 38.]
Feb. 27.
Jamaica.
62. Governor Hunter to the Duke of Newcastle. On the 13th of this month our General Assembly being met, I spoke to them and had their answer, copys of both which I have the honor here to inclose to your Grace. The bad success of our partys rais'd for the reduction of the slaves in rebellion, and the repeated depredations of our frontier settlements, have not only convinced them of the insufficiency of their measures agree'd on for that purpose, but indue'd them to a resolution of the necessity of martial law for some time, and the whole Legislature to address H. M. for his most gracious assistance, which together with a representation of the present sad circumstances of this Island by the Council and Assembly shall go by the first homeward bound ship, they being not yet ready. I have not time to add more by this chance Bristol ship, which put back by distress from the last homeward bound fleet, but that I am with the greatest honor and truth etc. Signed, Ro. Hunter. Endorsed, R. 13th May. 1½ pp. Enclosed,
62. i. Address of Assembly of Jamaica to Governor Hunter. 16th Feb., 1733/4. Return thanks for H. E.'s Speech and his care and vigilance for the preservation of their interests in the island. Continue: "We are thoroughly convinc'd, from the late audacious attempts of the slaves in rebellion, that the remedies hitherto apply'd, have been insufficient for the evil" etc. Will use their best endeavours to apply such as may be more effectual etc. Signed, Wm. Nedham, Speaker. Copy. 1 large p.
62. ii. Governor Hunter's Speech to the Council and Assembly of Jamaica. Feb. 13, 1733/4 The late audacious attempts of the slaves in rebellion and the desertion of numbers of the plantation slaves on the north side, as it has thrown the inhabitants there almost into despair, so it must convince you that the remedys hitherto apply'd are far from sufficient for the evil, the partys destin'd for that purpose having enough to do to maintain the post they are possess'd of against the rebels, so it cannot be suppos'd they are capable to cover the workers on a road intended to be cutt and a barrack to be built near to the place called Delamilliere's Ambush, which would have facilitated your future expeditions if it could have been effected. The ravages these slaves have committed at Hobby's and the neighbouring plantations, point out to you the necessity of erecting a defensible barrack there, which will require an augmentation of your partys, and proper artificers for such a work, and barracks for the Eastern division as well as the Western. I doubt you have too much rely'd upon bringing in the outstanding debts, for want of which the partys have been laid under great discouragement, the Receiver General not being able to pay them weekly as directed in the act etc. Reminds the Assembly that the Deficiency Act will shortly expire, and recommends its revival, and the appointment of an Agent in Great Britain. Concludes: In the last party act there was no provision made for surgeons or medicines for the partys, nor for workmen for building the barracks; I have employ'd surgeons in confidence that you would provide for them at your first meeting etc. Copy. 2¾ pp. [C. O. 137, 55. ff. 7, 7 v., 8 v., 9 v., 10, 11–12.]