America and West Indies
June 1734, 1-15

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1953

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121-134

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'America and West Indies: June 1734, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 41: 1734-1735 (1953), pp. 121-134. URL: http://www.british-history.ac.uk/report.aspx?compid=72760 Date accessed: 18 April 2014. Add to my bookshelf


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Contents

June 1734, 1-15

June 1.
N. Carolina.
193. Governor Burrington to the Council of Trade and Plantations. Since my last letter to your Lordships Mr. Owen one of the Council in this Province departed, some others were very like to dye, but my escapeing death was unexpected by all that saw me, by the decease of Messrs. Lovick and Owen, and the refractoriness of others who will not come to Council when summon'd, there has not been one held in ten months. It is near three years since I sent your Lordships, a list of persons that I thought proper to fill up the Council, but as yet am unacquainted what your Lordships design in that affair. My Secretary will have the honour to present this letter, I assure your Lordships, he is very capable of giveing a perfect account of the state, and condition of this countrey. I have the honour to remain with great respect. Signed, Geo. Burrington. Endorsed, Recd. 18th Sept., 1734, Read 3rd Sept., 1735. 1 p. [C.O. 5, 294. ff. 184, 191v.]
June 1.
N Carolina.
194. Same to the Duke of Newcastle. Haveing lived in this Province some years without receiving any mony from the King, or the country, was constrained to sell not only my household goods, but even linnen, plate, and books; and mortgage my lands and stocks. The many sicknesses that seiz'd me, and their long continuance, have greatly impair'd my constitution, and substance. My affairs and health being in a bad condition, I humbly desire my Lord Duke will be pleased to obtain H.M. leave for my return to England. Signed, Geo. Burrington. Endorsed, R. Augt. 1 p. [C.O. 5, 309. No. 2.]
June 6.
Boston
Now England
195. Address of the Governor, Council and Representatives of the Massachusetts Bay to the King. Congratulate H.M. upon the happy marriage of the Princess Royal and the Prince of Orange etc. Esteem "an alliance with a family so famous for many ages for their promoting and protecting the Protestant Religion, asserting and maintaining the just rights and liberties of mankind etc. as an instance of the Divine care and favour" etc. Pray for H.M. protection and favour in the continuance in the many privileges religious and civil they enjoy by virtue of their Charter etc. Signed, Jonathan Belcher, Josiah Willard, Secretary to the Council, John Quiney, Speaker. Endorsed, Rd. from Mr. Wilks, Oct. 17, 1734. 1 large p. [C.O. 5, 899. ff. 97, 97v.]
June 6.196. T. Butler, Agent for Nevis, to the Council of Trade and Plantations. Abstract. Submits list of stores of war required, as laid before the Governor, Council and Assembly by Charles Bridgwater, Commander of the Forts, "which with a squadron of men of warr for the Leeward Islands generally I am directed to represent to your Lordships as what this island is in an absolute and immediate want of for their preservation and defence." Can obtain no information as to money raised since 1702 for repair of fortifications and the Militia etc., but this cannot affect the present need etc. There are about 400 men capable of bearing arms in Nevis. The cause of the decrease of white men is owing "to the great sufferings and losses they underwent in the late warr and from the great decay the sugar trade hath of late fallen into and to the weak and defenceless condition in which the island is at present and the great danger it is in of being lost in case of a rupture with the Crown of France. Many of the inhabitants from the great decay in the sugar trade having been necessitated to retire to North America and no new settlers having come either in their place or to supply the great decrease in their white inhabitants by the death of the old settlers, unless a speedy supply of ordnances and small arms with a sufficient strength of ships of warr for their defence be sent them, it is to be feared many of the inhabitants who still remain on the Island will retire from the same on account of the great dread and apprehension of a French invasion, which in their present weak and defenceless condition they are not able to defeat or oppose" etc. As to the encouragement wanting to induce new settlers, nothing can be more effective than giving a due protection to the property of the British sugar planters and enabling them to afford their sugars in a foreign market at a cheaper rate than the French, which can only be done by reducing the very high duties both at home and in the Plantations on English sugar, so as to be equal with those paid by the French, and by giving all other the same advantages to the British sugar planters which the French give to theirs. "Barbadoes and the Leeward Islands pay 4½ per cent in specie abroad upon exportation of all their comoditys, and all foreign sugar imported here pays 3s. 4d. nett duty for every hundred here at home, which when sugar sells for 20s. pr. hundred is about 35 p. cent more upon the neat produce after freight and all other charges of importation are deducted. The French pay abroad 1 pr. cent upon the exportation of sugar and at home the West India duty of 2 pr. cent and the new duty of½ pr. cent and this by the composition thereof with the farmers of these dutys upon importation does not amount to above 3 pr. cent of the whole. The Crown of France gives a premium on all negroes imported into any of the French Sugar Islands from Africa in French ships, and the sugars which are brought home in return for such negroes pay but half the aforesd. duty etc. Another advantage the French have over us is that all the fortifications in their Sugar Colonies are raised and maintained by the Crown, who also pays the sallarys of the Govr. But the English fortifications have cost the Colonies immense sums of mony, and the Govrs. over and above the sallarys paid them by the Crown depend upon the people for a further support. And as a further encouragement for the peopling their Sugar Colonies the French soldiers are discharged and allowed a year's pay if they marry and become setlers there. It may also be a matter worth consideration whether the mony drained out of the Kingdom to pay for such vast quantitys of French brandy as are imported and run here, amounting as have been computed to £300,000 a year, may not be saved by lowering the duty on ruin of the produce of H.M. Sugar Islands and by that means substituting this commodity in the place of French brandy to the advance of the trade of Great Britain and to the great relief of the declining condition of our Sugar Colonies," etc. Signed, Thomas Butler, Agent. Endorsed, Recd., Read 6th June, 1734. 3½ pp. [C.O. 152, 20. ff. 95–96v.]
June 6.
Whitehall.
197. Duke of Newcastle to Governor Mathew. His Majty. being informed, that the care which he is graciously pleased to take for the security of His Leeward Islands by keeping a regiment of His Forces there, is in some measure disappointed by the excessive price of provisions in those parts, which makes it impossible for the officers and men to subsist there upon the pay granted for them by Parliament, in common with the rest of H.M. troops, which is alledged to be one reason that the said Regiment cannot be kept compleat according to the establishment, and that the soldiers which serve in it are in so low and starving a condition that they would probably contribute very little to the defence of those islands if they should be attack'd; I am commanded by H.M. to acquaint you with His pleasure, that you should use your utmost endeavours with the Council and Assembly of each of the islands, to grant such supplies as are necessary for making an additional allowance to the officers and soldiers of that regiment as is done in Jamaica etc. The inhabitants of those Islands are so much concerned to do this for their own safety and preservation, that the King cannot think that you will find any difficulty to bring them into a thing so reasonable in its self and so necessary for rendring effectual the provision that H.M. out of his goodness to them is pleased to make for their security. If they will comply with H.M. pleasure in this particular, the officers will be the better able to obey the orders they are under to have full companies and you will observe how they keep up to it, of which you will send me an account by all opportunities, to be laid before H.M. Signed, Holles Newcastle. Copy. [C.O. 324, 36. pp. 459, 460.]
June 6.
Whitehall.
198. Duke of Newcastle to the President of the Council of Jamaica. I received a letter of the 11th of March last from Major Genl. Hunter, inclosing an Address to H.M. from the Governor, Council and Assembly of Jamaica, and a representation also to me, setting forth the imminent danger they apprehend themselves to be in from the rebellious negroes and the disposition of their own slaves to a g general revolt; and have laid them all before the King. H.M. was very much concerned at the distress of his people there, and was sorry to find, that when two regiments had been sent to their assistance against those negroes, which were not recalled till there appeared a general uneasiness in the Island at their remaining there, and till the Assembly in a message to the Council seemed to represent them as useless, and had declared "that in providing for their subsistence that House was not so much influenced by apprehension of danger, as by the deference to H.M., and their unwillingness to let so many gallant officers and soldiers want any necessaries until such time as H.M. might be informed of their inability to bear so great a burthen"; and when care had been taken that the two Independent Companys there should be filled up out of them, and other methods were prescribed to be used in the country for encourageing the soldiers to settle there, the Colony should now be in such circumstances, as to want that assistance which they so lately thought unnecessary. However H.M. out of his great goodness to his people, and for the preservation of so considerable a part of his Dominions in the West Indies, has determined immediately to send to their relief six Independent Companys of one hundred men each to be formed out of draughts from the regiments now at Gibraltar, as those in garrison there are more inured to a warm climate. H.M. chose rather to do this than to send a regiment because there being a smaller number of officers in those companys in proportion to that of the private men, they will put the country to less expence, and it may be also easier to have them kept compleat. These with the two Independent Companys which you have there already will make a body of eight hundred men besides officers; and you are to take all the care you possibly can, that they may be kept up to that complement, and to send me by every opportunity an account of the number of effective men in each company to be laid before H.M. And the Lords of the Admiralty are directed to send the proper orders to Sr. Chaloner Ogle that the squadron of H.M. ships under his command may also give you all the assistance they shall be able. As these troops will be sent away as soon as possible, you will lose no time in making the provision requisite for them against their arrival; and the experience of what was omitted before will better enable you to supply them with what shall be necessary. You will in the first place take care that they may be landed as soon as they shall arrive, and disposed of into quarters, where they may not be crowded so as to make the men liable to distempers, but may be accommodated in such manner as is proper and necessary. It has also been represented to H.M. that the services in which the two regiments above mentioned were employed were very improper for regular troops; but as it is impossible to judge of this at so great distance, H.M. has ordered me to recommend it to you, that these Independent Companys may not be put upon such services as are not practicable for regular troops, but may be so employed as to prove of real use for the defence and securing of the Island. It being now the unanimous opinion of the people of Jamaica, that they are not safe without some immediate assistance sent from hence, the King doubts not but the Assembly will very readily contribute all that depends on them towards making this assistance effectual for their safety and protection; and particularly that they will raise a sufficient fund for an additional allowance, as usual, to the troops; such an allowance being necessary for their support, since it is not possible for them to subsist in that country upon their ordinary pay. The King would have you communicate the orders and directions contained in this letter, to the Council and Assembly, that they may be made sensible of H.M. goodness to them, and of what is thought necessary to be done on their part towards their own preservation. I desire you will return my thanks to the gentlemen of Jamaica for the justice they do me, and assure them that nobody can more sincerely wish the happiness and prosperity of the Island than I do, and that the measures that are now taken may prove effectual for their ease and security. As the Government of Jamaica is devolved upon you by the death of Majr. Genl. Hunter, I am persuaded you will do all the service you can to H.M. and to the Island, till the arrival of Mr. Cunningham, who is to succeed him, and will set out the first opportunity. Signed, Holles Newcastle. Endorsed, Draft. Duplicate sent July 25. 7½ pp. [C.O. 137, 55. ff. 62–54v., 66v.; and (copy) 324, 36. pp. 461–465.]
June 10.
Antigua.
199. Wavell Smith to Mr. Popple. I received yours in relation to Capt. Sommers, to whom I have always rendered all the service in my power. He saild from hence three weeks agoe. I have not troubled you nor the Lords of Trade about the extraordinary attempts of the people of these Islands to reduce the fees of my office and thereby render it impracticable for any person who is not a native of this place to execute it here. My reasons for not doing it, was my determination to go home the moment I saw how far they would go, and then once for all lay the whole matter before H.M. that a solid determination might be made upon the fees of the whole, and the government here bound for the future to walk by some rules agreeable to an English constitution, which yet I have not observed. However, the time is now approaching of my setting out, yet I know you will excuse me for giving you a small sketch of the sweet treatment I have met with, since the death of my Lord Londonderry. I shall begin with Nevis. At Nevis, by an Act of Courts they have taken away my fees in such a manner that 'twas difficult for me to procure a person to execute the office, and at last I was oblig'd to let it to Mr. Thompson (the Deputy Provost Marshal) for 2 years for £55 p. annum, hoping by that time H.M. interposition might restore me to the fees granted me by my patent, and the Assemblys for the future be bound in the making of their laws to observe some rule of justice; that Act my Agents have enter'd a caveat against the passing of, and you will find therein clauses mischievous to other people besides myself; there is one that constitutes an attachment by which the goods of any merchant residing in England may be seized in that Island; a power no ways fit to be entrusted with people here, which I know to be true from my own observation, and am convinc'd the moment the Lords of Trade consider it, they will report against it, and indeed I am the more induced to be positive in this point when I consider the opinion of the late Attorney and Sollicitor General upon the Act for foreign attachments pass'd in Antigua, which H.M. thought fit to reject. Besides the President of Nevis, by his Instructions cou'd pass no such bill. There is another clause therein extreemly unjust, framed artfully enough in so voluminous an Act to prevent the poison thereof being taken notice of in England, and that is the clause that requires the Marshal to take the goods, produce of the country, regardless of specific contracts. The view of this was to defraud the British merchant, who, supposing he had lent a thousand pounds sterling to one in Nevis, and should be oblig'd to sue for the same and obtain an execution, why then his attorney must take the various produce of the country at what they call their currency when he ought to be paid in sterling money pursuant to his contract. At St. Christophers, they have proceeded by acts in the most arbitrary and summary manner to take away the fees uninterruptedly receiv'd by my predecessors, and enjoy'd by me till the influence of Mr. Spooner found means to accomplish almost the destruction of my office. You well know the Board of Trade by their letter of the 18th of July, 1727, signify'd their objections against the Court Act, which had encroached upon my fees, and therefore their Lordships recommended the restoration of them to me pursuant to the Act (of 1715) repealed by the Court Act. The Council of that Island did accordingly pass a bill, agreeable to the recommendation of the Lords of Trade, which Mr. Spooner's influence in the Assembly caus'd to be rejected, so I have stood defrauded by a reduction of those fees, and the Judge's Clerk (a new officer created by the Court Act) has enjoyed a part of the income of my office from that time to this, notwithstanding the interposition of the Lords Commissioners by their said letter of the 18th of July, 1727:m And to shew how little they mind the sentiments of the Board of Trade, they have, since General Mathew his arrival past a short act to take away a Chancery fee of three shillings for ninety six words, in copies of bills and answers, granted to my predecessors by the Act of 1715, and enjoy'd of course by me. I own there is a suspending Clause in it, but can't admit it ever was the intention of the Crown to permit bills to pass even with suspending clauses, to take rights from people about which there is no manner of dispute, as there is none in this, because it was enjoy'd by my predecessors, derived to me by my patent, and besides in decency to the letter of your Board of the 18th of July, 1727, it ought not to have been attempted. This was schem'd to put me to expence and trouble and done by way of punishment to me, for obstructing the Assembly in swallowing up the whole Government, making the Council a cypher, and distributing rewards and punishments as they pleased. And particularly in resentment for my opposing a cruel and scandalous treatment of the late Commander-in-chief carry'd on at the instigation of Spooner, in order to compleat his revenge against an unhappy fellow (one Munn) who sent him a challenge. The man was fined and imprisoned for the same, and then pardon'd, and notwithstanding at last dyed in prison, and in foro conscientiæ was as much murderd by it, as if I was to stab a man behind his back, however Mr. Spooner says his death is to be justify'd in foro juris, a point I leave him to make out. There is another act pass'd, dated the 7th day of June, 1732, in St. Christophers, raising a tax on negroes and also for explaining an Act made in the eighth year of King George, the first entitled an Act for raising an impost on liquors, which was originally given for support of the Government, and the contingent charges thereof, and out of this cash fund myself and all the rest of the publick officers were constantly paid our established fees and sallaries after they had been examin'd by the Governor and Council. Now this fund by way of their explanation is appropriated to the use of the forts and fortifications, purpos'ly to take away the power of issuing money by the Governor and Council, and thereby divest the Governor and Council of means to pay the said officers; and all the officers are now actually and solely dependant upon the humour and caprice of the Assembly. For myself, since the passing that law, they have by an act reduced me to £60 a year for all manner of publick business I am to do. No fund even provided to pay that; whereas my sallary for attending the Council was £30 p. annum, and the rent of my office for a house £25 p. ann: and the usual amount of the Secretary's business communibus annis £195, as may be seen by an authentic paper enclosed, allowed to Mr. Balaguier, to many of my predecessors before, and to myself till the passing of this late Act, or rather Edict, for nothing, I think, can be more arbitrary than by acts to take away a man's estate unheard, who has committed nothing of offence; except defending the King's known Government and Instructions and endeavouring to force obedience to them may be deem'd such; This, my dear Popple, you'll find has been the tenour of my actions, and what I have stedfastly pursued, and you'll find too the proofs of this noways depend upon me, but upon records (to wit) Minutes of Council, protest therein, and the Acts themselves. You will also find in the Assembly's Minutes (if they are not detain'd) bills have been read three times in one day, sent up by way of surprize, then flung out by the Council, afterwards the same bills attempted again in a week's time. The Council and Assembly adjourned to a certain day, called two days before the adjournment was out, in order, by surprize, to secure a majority, and to accomplish such dirty politicks. These pretty proceedings you shall see proved soon by the aforesaid witnesses, and I believe then you will not be at a loss to guess how necessary it was for Mr. Spooner to have me removed from the Council, who have been battling against these proceedings, and when this matter comes to be explained, it will come out to have been the operation of Mr. Spooner, his own private directions to Mr. Sharpe, indeed cleverly and ingeniously executed by him as in due time shall be made appear, for which the Council will not pay his bill, and upon which score the Council and Assembly at Saint Christophers are totally at variance, as may be seen by the enclosed resolutions. I come now to Antigua, where I have been also finely handled, but they have not proceeded by act; here indictments have been brought against me for extortion founded upon an old obsolete docket. But I have had the good fortune in my last to have a special verdict found, which will be a manifestation of my right to my fees. In England, however that matter is now before the Council who are at work upon a docket of fees, by which they intend to reduce me much, so I shall forthwith bring it home and appeal to the King and Council, which is all I want, since the whole fees of the Office will be thereby known and each particular fee examined, and my right to them explained, and a stop put for the future to these people's medling with what H.M. in Council once establishes. I send you a protest of Colonel Thomas, by which you will perceive his sentiments of this matter, and I believe his undoubted understanding and fortune in this country lead him to be as jealous of its wellfare as anyone, and would induce him to be against me as much as any man in regard to unjustifiable fees, but that he here sees my right is plain, and that proceedings so violently unjust, when they come to be canvassed in a cooler region, and before impartial judges must turn out to the discredit of those who set them on foot, and to the Island in general, especially when it comes to be proved that the publick owes me for business near £1000, the ballce. of eleven years' service, and the particulars who pursue this reducing scheme indebted to me too. I propose by this letter that you will be able to induce my Lords Commissioners not to take any resolution on the aforementioned Acts 'till I am heard against them, before whom if I do not make out all these facts in an indisputable manner, and many more wherein H.M. Government and Prerogative is concerned, thro' the encroachment of the Assemblys, I desire they will report me to H.M. as a foolish and incapable officer, and if I succeed therein, I hope to have the honour to be recommended by their Lordships to H.M. countenance and protection. I beg you will enter a caveat against passing the Act, taking from me the Chancery fee of 3s. It was granted to my predecessors by an Act passed at St. Christophers in the year 1715, of course deriv'd to me by my patent, and I hope there need be no expence of Council in a case of so clear a nature, their Ldships. having already determined this matter in a similar instance contained in their aforementioned letter. I shall have the pleasure of seeing you soon, being now chiefly detained upon the marriage of my daughter with Mr. Slingsby, which draws near etc. Signed, Wavll. Smith. Endorsed, Recd—, Read 25th Nov., 1736. 7¾ pp. Enclosed,
199. i. Minutes of Council, Antigua, Feb. 28, 1728. 4½ pp.
199. ii. Observations on preceding by Wavell Smith, 10th June, 1728. Signed, W.S. Nos. i and ii endorsed as covering letter. 6¼ pp. [C.O. 152, 22. ff. 205–215, 216–219, 220 v]
June 10.
Whitehall.
200. Order of Committee of Privy Council. The Lords of the Committee having taken into consideration the Representation of the Lords Commissioners for Trade etc., 20th Dec, proposing A. Payne jr. for the Council of St. Christophers etc., together with a report by the said Lords Commissioners, 10th April last, etc., "are of opinion that it is not adviseable for H.M. at this time to appoint the said Payne, etc., and their Lordships do therefore hereby referr it back to the said Lords Commissioners to propose some other person etc. Signed, W. Sharpe. Endorsed, Recd. 4th July, Read 18th Sept., 1735. 1¼ pp. [C.O. 152, 21. ff. 174, 174 v., 175v.]
June 10.
Barbados.
201. Governor Lord Howe to the Council of Trade and Plantations. Encloses act, to which he has given his assent, for supplying the deficiency of the excise and for raising money for other publick uses: by laying a duty upon negroes etc. Continues: The duty upon wines having been so very small this year there will not be money enough raised to pay near half the amount of the current service of it, it was therefore thought necessary to pass this act to support the credit of the Government. Your Lordships will observe this act does not commence till the first day of February next nor is the dutys to be paid till the first day of August in the same year. The reason of this was that the inhabitants who have been so much reduc'd from the badness of their present crop might have time to recover their misfortune; in every other respect this act is the same with all others that have been pass'd of the same nature, excepting that some faults which may have been found in the others, we have endeavour'd to amend in this, therefore I hope it will meet with your Lordships' approbation. Encloses duplicates of letter and enclosures etc. April 24th. Signed, Howe. Endorsed, Recd. 13th Aug., 1734. Read 16th July, 1735. 1 p. [C.O. 28, 24. ff. 108, 113v.]
June 10.
Barbados.
202. Same to the Duke of Newcastle. Duplicate of the preceding, mutatis mutandis. Signed, Howe. 1 p. [C.O. 28, 45. f. 319.]
June 11.
Boston.
203. Governor Belcher to the Duke of Newcastle. Encloses journal of the New Assembly of the Massachusetts Bay etc. Continues: They seem at present one of the best Assemblies that this Province has had since my coming into the Government, and I hope they will fall into such measures as may most of all tend to the support of H.M. honour, and to the safety of the just liberties and properties of the people etc. Encloses bill past by the Representatives and Council "the 8th currt. for £3000 for my support" etc. Prays for leave for giving his assent, and to give his reasons why leave may now be general. Continues: With deference to your Grace, I think no gentleman cou'd have done more, from my arrival in support of the King's honour in the Government than I have done amidst the opposition of stubborn Assemblies, tho' I must more justly impute it to the influence of a few ill-natur'd factious members of the House of Representatives. The way and method of my getting at my support is a great hardship upon me. Being oblig'd to spend my salary twelve months before I receive it. To be at a considerable charge in solliciting for leave. And the value of the money in which I am paid sinks from year to year a sixth part. And in case of my mortality my family must alwayes run the risque of losing a whole year's salary. Thus what by one thing and what by another, there is every year a deduction of at least a fifth part of my salary, and I do truly assure your Grace that the £3000 I reed, last year was not (clear of what I have above-mentioned) more than £600 sterl., so vile are become what they call here bills of credit. I therefore believe your Grace will think these things a great hardship on a Governour approv'd by his Royal master in the whole of his administration. Were, my Lord Duke, the delay, the repeated application and charge I am put to any punishment on the Assemblies, it might be some support of the King's honour, but the hardship is wholly on the King's Governor, who I hope has committed no fault in the matter, and, with great deference to your Grace, I humbly think it wou'd more to His Majesty's honour, that the leave be general for the future, provided the grant be not less than the Assemblies have hitherto made it: This, my Lord Duke, is the biggest, the richest, and yet the poorest Government in all the King's Provinces; the perquisites of this Government are not, communibus annis, worth four score guineas a year. I therefore humbly hope for the favour and candour of your Grace in considering the reasonableness of my request as to the leaves being now made general, and that I may not be continued under so great a difficulty, and of which I am the single instance in all the King's Plantations, every other Governor taking his support as soon as it is granted. Signed, J. Belcher. Endorsed, R. 30 July. 3 pp. [C.O. 5, 899. ff. 67–68, 69v.]
June 12.204. Act of Massachusets Bay granting £3000 to Governor Belcher, June 8, 1734. Copy. 1 p. [C.O. 5, 752. No. 51.]
June 12.
Whitehall.
205. Council of Trade and Plantations to Mr. Belcher. We have received two Memorials from Capt. Tomlinson, one in behalf of Col. Dunbar, Lieut. Govr. of New Hampshire, complaining that notwithstanding your Commission and Instructions which rest the whole power of government of the Province of New Hampshire, in him, during your absence from the same, you deprive him of all power and authority, salary, perquisites and emoluments whether you are present in, or absent from the said Province; the other Meml. in behalf of Messrs. Atkinson and Wentworth, whom you have not thought proper to admit into the Council of New Hampshire, notwithstanding you have received H.M. Royal Orders for that purpose. Upon the subject of these two Memls., we have been attended by Capt. Tomlinson, and on your behalf, by your son, Mr. Jonathan Belcher, Mr. Wilks, and Mr. Partridge, and have read your letters, also the Minutes of Council of New Hampshire from the first of Jany. 1733/4 to the 22nd of the same month attested by yourself, containing an account of what pass'd therein relating to your refusal of the said Messrs. Atkinson and Wentworth. We have likewise heard what your son, Mr. Wilks and Mr. Partridge had to offer in your behalf, but as they could not pretend to give reasons to justifie your not obeying H.M. commands, either in the case of Col. Dunbar, whom you have deprived of all power of Government in new Hampshire, notwithstanding your absence from thence, or in the case of Messrs. Atkinson and Wentworth, we were determin'd to lay a full state of these cases in a rept. before H.M. with an opinion upon your behaviour therein; but as your son, Mr. Wilks and Mr. Partridge have assur'd us that your conduct was grounded upon your having misunderstood your Commns. and Instructions in these respects, and have desir'd that we would suspend our said Representation for some time, that they might have an opportunity of writing to you, engaging at the same time, that you would immediately remove all cause of complaint, in both these cases, and that you would for the future, more steadily adhere to your Commission and Instructions, we have for the present suspended making any. [C.O. 5, 917. Pp. 95–97.]
June 12.
Treasury
Chambers.
206. Mr. Scrope to Mr. Popple. The Lords Commissioners of H.M. Treasury desire you will transmit to them a copy of such of H.M. Instructions to Governor Matthew etc. as relate to the Revenues. Signed, J. Scrope. Endorsed, Recd. 12th, Read 18th June, 1734. 1 p. [C.O. 152, 20. ff. 97, 102v.]
June 12.
Kensington.
207. Order of King in Council. Approving draught of Commission for Governor Cunningham. Signed, W. Sharpe. Endorsed, Recd. 31st May, Read 12th June, 1735. 1 p. [C.O. 137, 21. ff. 138, 144 v.; and 5, 21. f. 37.]
June 12.
Whitehall.
208. Duke of Newcastle to the Council of Trade and Plantations. I am commanded to signify to your Lordships H.M. pleasure, that you prepare an Instruction for Mr. Cunningham Governor of Jamaica, relating to his appointments etc. similar to that ordered 4th May, 1727. Signed, Holles Newcastle. Endorsed, Recd., Read 12th June, 1734. 1 p. [C.O. 137, 21. ff. 61, 68v.]
June 12.
Whitehall.
209. Council of Trade and Plantations to the King. Propose Mathew Concanen for the Council of Jamaica in the room of Mr. Gomersal decd. [C.O. 138, 17. p. 414].
June 12.
Kensington.
210. Order of King in Council. Referring following to the Attorney and Solicitor General to examine into the nature of the respective estates and interests of the Proprietors and Lessees of the Bahama Islands and to report in what manner the same may be most properly conveyed to the Crown. Signed, W. Sharpe. Endorsed, Recd. 31st May, Read 12th June, 1735.¾ p. Enclosed,
210. i. Lords Commissioners of H.M. Treasury to the King. Whitehall, 10th May, 1734. In reply to order of 2nd Aug., 1733, as to purchase of rights of Proprietors and Lessees of the Bahama Islands, they conceive that great difficulties may arise before the various titles thereto and the manner of conveying the same can be adjusted, and that this will be a matter most proper for the Attorney and Solicitor General to consider and report upon. Continue: It seems to be agreed on all hands that the vesting of the said islands in the Crown will be for your Majesty's service and the interest of Great Britain in regard they appear by their scituation most convenient for the reception of such British ships as may at any time be sent into those parts for the protection of our trade and of privateers for the annoyance of an enemy in time of war. Therefore we are not without hope but that your faithful Commons etc. will provide the money for the purchase, as they did in 1728 for the purchase and surrender of N. Carolina etc. Which required an Act of Parliament to make the same effectual, as wee presume this may do. Signed, R. Walpole, Geo. Oxenden, Wm. Clayton. Copy. 2 pp. [C.O. 23, 3. ff. 101, 102, 102 v., 104 v.]
June 12.
Parsons Green
211. Sir Charles Wager to Mr. Delafaye. Recommends enclosed petition, Mr. Beswicke having suffered hardship through Consul William Reas "not having given him the least allowance for doing the duty and office of Consul at Tripoli" etc. Signed, Cha. Wager. 1 p. Enclosed,
211. i. Petition of John Beswicke to the Duke of Newcastle. Requests place of Clerk of the Markets, Charles Town, being informed that it is vacant, and the inhabitants labouring under some inconveniences for want thereof, etc. as above. Signed, John Beswicke. 1 p. [C.O. 5, 383. ff. 9, 10.]
[June 12.]212. 11th Article of the Presentment by the Grand Jury, S. Carolina, 20th March, 1734. We present as a verry great grievance and an intolerable hardship on the severall inhabitants of Charles Town that negroes are suffered to buy and sell, and be hucksters of corn, pease, fowls etc. whereby they watch night and day on the several wharfs and buy up many articles necessary for the support of the inhabitants, and make them pay an exhorbitant price for the same, and we do present all hucksters, forestallers, and tegrators; and also the want of proper officers to put the laws in execution for preventing the same, which might, as we conceive, all be remedied, if a clerk of the market were appointed, and proper regulations made for that purpose, with a strickt inspection into weights and measures, in which there is great corruption and fraud throughout the whole province. Endorsed, Recd, from Mr. Beswick etc. 1 p. [C.O. 5, 383.f. 21.]
June 13.
Whitehall.
213. Duke of Newcastle to Lt. Governor Gooch. Encloses copy of warrant for pardon of William Major (v. 4th May). Signed, Holles Newcastle. Copy. [C.O. 324, 36. p. 465.]
June 13.
Whitehall.
214. Council of Trade and Plantations to the King. Representation on Act of New York to empower the Vestry of Jamaica etc. Continue: In 1693 an Act was pass'd at New York for setling a Minister in that Province and raising a maintenance for them whereby it was enacted that the sum of sixty pounds in country produce at mony price, should be annually assessed and levied for maintenance of the Minister of the abovementioned Parish of Jamaica in Queen's County to be paid him by the churchwardens of the parish, in four equal quarterly payments, by virtue of warrants signed by a majority of the Vestry in the manner directed by the Act. Mr. Poyer, late Minister of the aforesaid parish, dyeing in January 1731 was succeeded about a year afterwards by Mr. Colgan, and the abovementioned sum of sixty pounds, which makes the subject of this Act, in mony collected upon the inhabitants during the vacancy of their church between the death of the last and the induction of the present incumbent. Whereupon we beg leave to represent to your Majesty that by a statute passed at Westminster in the 28th year of your Majtys. Royal Predecessor King Henry ye 8th, for the restitution of the first fruits in time of vacation to the next incumbent, it was provided that after the avoidance or vacation of any benefice all the tithes, rents and revenues thereof shall belong to the next incumbent and his executors towards payment of the First Fruits to the Crown for payment of the person who should serve the cure during the vacation, and for defraying the charge of collecting the tithes, fruits and rents of the benefice. This law extends to all your Majty's. Dominions, and as the people of New York have no municipal law which may exempt them from the observation of it, which in this case would be a very great hardship upon the present incumbent, who has officiated as Curate of the parish above half the time of the vacancy, we see no reason why the law of England, to which this Act is repugnant, should not take place in the Province of New York; and therefore we humbly take leave to lay this Act before yr. Majesty for your disallowance. [C.O. 5, 1125. pp. 304–306.]