America and West Indies
June 1734, 16-30

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Institute of Historical Research

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1953

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134-146

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'America and West Indies: June 1734, 16-30', Calendar of State Papers Colonial, America and West Indies, Volume 41: 1734-1735 (1953), pp. 134-146. URL: http://www.british-history.ac.uk/report.aspx?compid=72761 Date accessed: 27 August 2014.


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Contents

June 1734, 16-30

June 17.
New York.
215. Governor Cosby to the Council of Trade and Plantations. Abstract. Encloses 6 acts of New York. There was a great variety of opinions in the Assembly as to the sum and manner of striking the new bills authorised in No. vi, for making £40,000 in bills of credit, but they unanimously agreed that there was a necessity for doing it in some shape or other. "I represented to them in the strongest manner I could how lately they had renewed their currency, and the difficulty I had in procuring it for them, however I must say they do labour under great hardships for want of paper money" etc. Recommends Thomas Farmer, John Rodman and Richard Smith to fill three vacancies in the Council of New Jersey. Signed, W. C. Set out, N. J. Archives, 1st Ser. V. 364. Endorsed, R. 20th Aug., 1734. 1¼ pp. [C.O. 5, 1093. ff. 315, 315 v., 316 v.]
June 17.
Antigua.
216. Governor Mathew to the Council of Trade and Plantations. I have no publick papers at present to transmit except duplicates of those I sent last and now a transcript (this not received) of the Minutes of the Assembly of Antigua commencing January 21st, 1733 and ending the 15th of March following. I know not what to do with the inhabitants of Anquilla, Spanish Town and Tortola. They live like so many banditts in open defiance of the laws of God and man. Whilst I was in England they pyrated upon a Spanish ship wreck'd on the Anegadas (as they allways do on such occasions) and did such things to men of distinction and their ladys on board as I cannot without blushing recollect to myself, much less repeat to your Ldps. As for being under Government they are out of all notion of that. From time to time Depy. Govts, from among themselves have been appointed by H.M.'s Chief Govrs. of these Islands, but these have no authority over them but what they are able to enforce with a cudgel. He that is at Anquilla now writes me he cannot nor will continue such among such reprobates any longer. The Deputy Govt, of Spanish Town was the deepest and most infamous of the plunderers of the Spanish ship I last mentiond, and I know not how to mend him with a better. At Tortola the Deputy Govr. dyed. One Pazea was recommended as the least rogue among them, others said he wou'd not accept of it. Capt. Toller in H.M. Station ship being bound that way I gave him a Commission for a Deputy Governor desiring if Pazea wou'd accept of it to fill it up with his Christian name, which I did not know, else to return it to me. He carry'd it, fill'd it up with Pazea's Christian name, he accepting the command, but at publishing it the Island was altogether by the ears. One half submitted to the new Govr. and became Pazea's party. The other half declaring a Govr. should be voted for. A sloop in the road was, as it happned, on the Govr's. side and fir'd him a complim. with her guns, the opposite got two great guns mounted ashore, and fired oh it with shott at the vessell, and the crew, Captain and all coming on shore were cut and beat with their cutlasses in a terrible manner. Pazea sent me affidavits of all this. To bring them to justice, to do it there was impracticable, I advis'd with the Attorney Generall, he was at a loss too to advise, however he drew up a warrant for my signing, requiring the ringleaders to be sent up to me. Capt. Toller carry'd down this warrant and deliver'd it to Mr. Pazea, but to no purpose, some wou'd not be found, others found means to overcome his resentmt., so nothing was done on the warrant but 2 or 3 are come hither with lres, from Pazea recommending them to me for their great worth at other times, and one of our most eminent lawyers has undertaken for them that they cannot be tryed here and there are no judges or Justices to try them there, much less jurys of honester men than themselves. I wou'd humbly offer to your Ldps., that I may from among the gentlemen of these Islands appoint three or four Justices to go thro' these lawless Islands, once or twice a year, as the Judges go circuits in England, with commissions as well to try and determine controversys at law as in criminal cases, and that I may issue writts for chusing persons there to form something like an Assembly, and to make up some form of a legislature that I may name a small number in each Island to serve as a Council to the Deputy Govr. When I communicated to the Council and Assembly of Antigua H.M. 44 Instructions they were at a loss which articles of the Act of 1728 were approv'd, or which disaprov'd by your Ldps., so that they cou'd not prepare the law recommended by that Instruction. Yesterday a person came from Tortola and the Dutch Island Sta. Eustatia, assur'd me a large ship arriv'd at St. Thomas's with a Commission to one La Motte (formerly Govr. of St. Thomas's) to be Govr. and 250 soldiers to settle St. Cruz and that they dayly expected a Danish man of warr to cover their settling. Signed, William Mathew. Endorsed, Recd. 26th Aug., 1734, Read 25th July, 1735. 3 pp. [C.O. 152, 21. ff. 86–87 v.]
June 17.217. Governor Philipps to Mr. Popple. Reply to 30th May (the original of which he never received). Will consider the matter and answer with all convenient speed etc. Signed, R. Philipps. Endorsed, Recd. 17th, Read 27th June, 1734. Holograph. 1 p. [C.O. 217, 7. ff. 24, 27 v.]
June 18.
Whitehall.
218. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, four acts of the Massachusetts Bay 1733. [C.O. 5, 917. p. 97.]
June 18.
Whitehall.
219. Mr. Popple to Mr. Scrope. Encloses copies of Governor Mathew's Instructions relating to the Revenue as 12th June. [C.O. 153, 15. p. 257.]
June 19.
New York.
220. Governor Cosby to the Committee of Privy Council. In reply to Order of 8th Jan., states his reasons for removing Lewis Morris, Chief Justice, N.Y. See Cosby's letters. Printed, N.Y. Col. Docs. VI. p. 8, and N.J. Archives, 1st Ser. V. 366. Signed, W.C. Endorsed, R. Aug. 20th, 1734. 13¼ pp. [C.O. 5, 1093. ff. 307–313 v., 314 v.; and endorsed, Recd, from Mr. Guerin, 20th, Read 21st Aug., 1734. 14 pp. C.O. 5, 1056. ff. 206–212 v., 213 v.]
June 19.
Whitehall.
221. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, 12 acts of Jamaica passed there Nov. 1733—March 1734. [C.O. 138, 17. pp. 415–418.]
June 19.
New York.
222. Governor Cosby to the Council of Trade and Plantations. Abstract. Refers to enclosures. Has recommended to the Assembly in his Speech (encl. i) the ways most likely to revive their trade, which is in a very declining state, and to fortify the Province against a time of war. It now lies with them to do their part etc. Has begun already to put the collection of the quit rents upon a better foot, by obliging the Sherriffs to collect and return them to the Receiver General, but that will not do without the assistance of the Court of Exchequer for the Court of Chancery, given that dispatch to business which the King's suits require. "This was talk'd of by the Judges of the Supreme Court on my arrival, and upon a full consideration of it they resolved to admitt and to hear causes in the Equity side of the Exchequer, and having as their predecessor always had sufficient authority by their commissions for so doing, in pursuance of what the Judges had so resolved on when they had the opinion and concurrence of the most eminent of our lawyers att the Barr, an ordinance was prepared for appointing sittings out of term for the greater dispatch of bussiness, and revised by the late Chief Justice Morris and the other Judges of the Supreme Court, and afterwards past by me with the advice of H.M. Council. About this time the Attorney General filed a bill in the Equity side of the Exchequer against Mr. Rip Van Dam etc. for half the salary and perquisites of the Government (for he had received the whole from Coll. Montgomerie's death) which H.M. had been graciously pleased to give to me, for which Van Dam pleaded and demurr'd, the Attorney General and the other Council retained for the King haveing prepared their arguments against the plea and demurrer rose up to speak, but Morris without speaking a word to the other two Judges told them they must speak only to the jurisdiction of the Court to hold pleas in Equity; this surprised them, as well it might, they desired leave to argue the whole plea and demurrer and not that particular point, for that what they had to say on that head was so blended and interspersed with the other parts of their arguments that they could not well separate them" etc. Morris, however, obliged them to speak to that single point. Van Dam's Council were under no surprize, but as if they had beforehand been instructed by Morris they read their arguments on that single point etc. "Whereby the King's Council concieved that they had prepared themselves for that alone, and Morris himself as soon as ever they had done speaking pulled out of his pockett and read a long arguement against the jurisdiction of the Court to try causes in Equity and against the King's authority to erect Courts of Equity, thus he who by his oath and office was obliged to maintain the King's Prerogative argued strenuously against it in the face of a numerous audience, teaching the people irrieverence and disrespect to the best of kings, and to his Courts of Justice" etc. Mr. DeLancey, the second Judge, gave his opinion in a few days with much judgment in justification of the authority of the Court and of the King's Prerogative to establish Courts of Equity in this Plantation. Mr. Phillipse, the third Judge, gave his opinion the first day of the next term on the same side etc. Morris next day upon the bench and in open Court, told them, though he had never seen the opinion of the latter, that their reasons were weak, mean and futile and that they were only his Assistants etc. They replied that their authority in determining points of law was equal to his and that their opinions were the judgement of the Court etc. Upon which Morris left the Bench, saying that by the grace of God he would sitt there no more when matters in Equity came before him etc. Encloses Morris's opinion which he printed and industriously dispersed. "This behaviour of Morris's awaked me to a jelousy of H.M. Prerogative etc., and determined me to displace him, which I did" etc. and made Mr. DeLancey Chief Justice etc. Morris petitioned H.M. etc., whereupon the Lords of the Committee directed me to send my reasons etc. Though his behaviour in this is I think sufficient, yet I have given other reasons arriseing from his partiality and neglect of his duty etc. Hence his open and implacable malice against me has appear'd weekly in false and scandalous libels printed in Zenger's Journal etc. "Even att this very time when he is petitioning for the King's favour, lie is makeing bold and presumptuous attempts in the Assembly against H.M. authority to establish Courts." Encloses copies of the Judges' Commissions to show their powers etc. Continues: Early this last spring six of the Mohock Sachims deputed by the rest of that nation came down to New York with a deed which they had executed makeing over their lowlands to H.M. in trust for them and their posterity lest the Albany people should again ensnare them etc. Refers to enclosures, "which I hope will put to silence the malicious tongue and pen of my inveterate enemie Morris, who in Zenger's papers has represented me as a criminal for getting that fraudulent deed from the Corporation of Albany" etc. If I had not complyed in that particular with the request of the Mohocks, they would immediately have left their country and gone over to the French, whereby we should have lost the nearest and most warlike of the Six Nations, whose example, as they have ever been the leaders of the other nations in the time of war, would probably have been followed by the other five in case of a rupture etc. Only Morris and a few of his followers exclaim against this action; all men of discerning, even those of Albany who were not to be sharers of the land applaud what I have done etc. Refers to the Mayor's letter enclosed. Continues: Tho' Morris and Mr. Alexander, one of H.M. Council, have been Van Dam's advisers, yet he himself must have consented to all the libellous aspersions and false scandalous insinuations wherewith the papers printed publish'd and dispersed in his name abound; other gentlemen of the Council have so just a resentment of them and tender and near regard for their own reputation and character that they think they cannot with honour sit any longer att the Council board with Van Dam and Alexander, the authors and publishers of those false and scandalous libels, they therefore by me become humble petitioners to your Lordships to move H.M. to displace them etc. If members of the Board are suffered to be so fouly traduced by other members, they will decline in the esteem and reverence of the people etc. Alexander is a Councellor of New Jersey as well as of this province, and Surveyor General of the Jerseys. It would be more proper that he should be a Councillor there than here, especially as the interests of the two Provinces may sometimes clash, as concerning the partition line, when he ought not to be a Judge in both Councils. His being of the Council in both provinces is liked in neither etc. Van Dam is very old, past the use of his own reason and given up intirely to the management of Morris and Alexander. In the fall he allowed the French to buy provisions for the garrison at Lewisburgh, of which they were in great need etc. (v. C.S.P. 15 Dec. 1733), for which Morris has libelled him in Zenger's papers, "possessing the people with a belief that they were spies sent to discover our weakness and that I was in their interest." The common people were alarmed, and the terror, grew so great and so general, that an insurrection was apprehended, which indeed was what Morris, Van Dam and Alexander aimed at, but they were defeated in their attempt. All the men of sense and estate exerted themselves right, abhorring those scandalous papers, as will be seen by the merchants' address, drawn up without his knowledge etc. People see through the malicious designs of the malcontents. "He who called loudly in Zenger's papers for a present meeting of the Assembly the season of the year wherein it was impracticable for them and urged the immediate necessity of fortifying this city was the first in the house who started difficulties and threw rubs in the way of it." These three men and their few and insignificant followers are the only men from whom he is to look for any opposition in his administration, and they are implacable in their malice etc. Set out, N.Y. Col. Docs. VI. 32. Signed, W. Cosby. Endorsed, Recd. 7th, Read 8th Aug., 1734. 7½ large pp. Enclosed,
222. i. Governor Cosby's Speech to the Assembly of New York, April 25, 1734. Abstract. The principle causes of the present decay of the trade of the Province are (i) that their neighbours, especially the Bermudians have by degrees got such footing that are become their common carriers, whereby building is discouraged, artificers are without employ, and vast sums are carried out of the Province by strangers who spend hardly anything in the Province little that is useful or profitable; (ii) want of laws to prevent frauds and abuses in relation to flour, the staple commodity of the country, so as to prevent the exportation of any but such as is equal to the best exported from the neighbouring Provinces, whose flour, thanks to such wholesome laws, has gained a reputation superior to theirs. Proposes the encouragement of their own building and navigation, and the discouragement of those who supplant them in their navigation, by acts laying a duty on tonnage on them, and putting all flour to be exported under a strict essay and inspection. "This will prevent frauds and abuses in bolting, give life to the expiring hopes of your ship-carpenters, and other trades-men, recall their unwilling resolutions to depart the Province, and encourage others to come into it, fill your harbours with vessels of your own, inspire your youth with warm inclinations to become sea-men" etc. Proposes protection of the harbour by erection "of a battery at the point of rocks by White-hall," and new forts at Albany and Schenectady, for which he has prepared plans and estimates. Suggests re-arrangement of taxes and a duty on paper used for legal documents. Calls attention to the advantages of encouraging honest and laborious white people, and the disadvantages of "too great importation of negroes and convicts." "The Six Nations are often in want of smiths and their proper tools to mend their arms: I recommend it to you to make provision for that purpose. The French not only do that, but constantly send some men of art and interest to reside among them, furnish'd with brandy, lead and powder, which they give from time to time to the Indians, whereby they ingratiate themselves with them, and alienate their affections from us. It is our interest to defeat the attempts of the French by the like arts" etc. Endorsed as covering letter. Printed by William Bradford in New York, 1734. 3 pp.
222. ii. (a) Address of the Assembly of New York to Governor Cosby. Thanks for his obliging Speech etc. (b) Governor Cosby's answer.
222. iii. (a) Address of the Merchants, Freeholders and Inhabitants of the city of New York to Governor Cosby. June 3, 1734. Express appreciation of H. E.'s great concern for the welfare of the Colony, as evinced in his Speech to the Assembly (No. i.) (b) Governor Cosby's reply. Nos. ii. and iii., endorsed as covering letter. Printed. 2 pp.
222. iv. Mayor of Albany to [ ]. Albany. May 21, 1734. Reply to request for his opinion on the Indian deed of trust (encl. v.). "As I am fully perswaded that H.E. had no other view in obtaining that deed, but to secure unto H.M. interest the fidelity of the Six Nations; so cannot but think that their lands are now much securer then ever before, for to my certain knowledge those gentlemen who had the deed, which the Indians destroy'd when H.E. was att Albany, had deceived them (the Sachims) in what they had faithfully promised (upon delivery of the deed) to perform, which those gentlemen if strictly examined will confess, for they, have often done it to me" etc. Cannot hear of any copy of the deed that was destroyed etc. Signed, Edwd. Holland. Same endorsement. Copy. 1 p.
222. v. Copy of Indian deed of trust to the Crown, Nov. 4, 1733. The undersigned, in behalf of "the several tribes of the turtle, bear and wolf the native born Indians of the Mohock Nation in the county of Albany etc., being deeply sensible of the many benefits and gracious bounties we from time to time have reced. and do now enjoy under the Royal favour and protection of his present most gracious Majesty King George the second have willingly and freely given, granted, aliened and enfeoffed released and confirmed etc. unto His said Majesty etc. all that certain tract or parcell of low or meadow land commonly called the Mohocks' Flatts scittuate etc. near Fort Hunter on the south side of the Mohocks river on both sides a creek called Tiondoroga Creek and containing by estimation 1200 acres more or less together with 2000 acres of wood or uplands lying att the back and extending the whole length of the said low or meadow lands" etc. provided etc. that H.M. shall not grant to any body politick, person or persons whatsoever the abovementioned lands etc. or any part thereof, except it be by the free and voluntary consent of us whose names are hereunto subscribed or the majority of us, our survivors or representatives under our hands and seals etc. We hereby covenant that we nor our heirs shall not convey or alien the abovementioned premises or any part thereof etc. except by such consent or confirmation in writing unto H. M. etc. Signed, sealed and delivered in the presence of Walter Butler, William Printop junr., by Jacomin, Asarus, Gidion, Cornelius, Sett, Whisaw, Asarus, Erras, Sander, Petrus, Aria, Johanns, Johanns. Same endorsement. Copy. 2 pp.
222. vi. Commission of William Attwood, Chief Justice of New York, 5th Aug., 1701; and of Lewis Morris, C.J., N. York, 5th June, 1729. Same endorsement. Copies. 2½ pp.
222. vii. Opinion and Argument of Chief Justice Morris concerning the Jurisdiction of the Supream Court etc. Duplicate of C.S.P., Aug. 27, 1733, encl. ii. q. v. Same endorsement. Printed. 14 pp.
222. viii. Minutes of Council of New York. Fort George. 1st April, 1734. The Mohock Sachems, having come down from their castles and desired an audience, and having committed what they had to lay before H.E. into writing the same was read etc. They stated that the rest of the Nation was satisfied with what was done at Albany and the extraordinary presents they had received from the great Korah, and sent them to congratulate him on the safe arrival of his wife and children, "our great sister," and also to enquire as to the truth of the alarm they had received from Albany concerning a war with the French. They are the greatest warriors of all the Six Nations, and were much discontented that they could not have any satisfaction at Albany whether what they had reported concerning a war were true or not, "especially when we saw how buisy they were in carrying trees for stockadoes to fortify their town." Desire to know whether they must fight with the French Indians. "If the great Korah says we must, we will; for we know we are bound in the Covenant Chain to be dutifull children to our Father King George who is so mighty that he has more canoes on the great Lakes than all the Kings in the world" etc. Have heard that some French Indians with a French Interpreter have been amongst the Sinnekes in order to make them break the Covenant Chain, and to bring them over to the French interest, and that they have built a Castle in the Sinnekes' country. Offer to ascertain this, and to do their best to make the Sinnekes return to their duty and to procure that the Castle they have built be pulled down. They have had from their Brother Korah the greatest tokens of love and affection that they ever had from the greatest Korahs, and this they return. Ask for repair of tools and bellows at their smith's shop. Repeat that two or three years ago some of the Corporation at Albany told them that some people were endeavouring to get their lands from them and desired them to give the Mayor and Commonality of Albany a deed in trust for them for all their Flatts near Fort Hunter. "Upon which we made answer in presence of the Commanding Officer at Fort Hunter that we were able to take care of our own land ourselves and utterly denyed to give the Corporation any such deed, with which we dismist them" etc. Some considerable time after the Corporation were again with them and persuaded some of them to sign a deed which they believed to be a deed in trust only for their own use. Not long after they heard that the Corporation said the land was their own, "which raised in us no little surprize and the more for that we had nobody to consult with nor a copy of the deed so signed etc., tho' positively promised" etc. until the great Governor came and ordered the deed to be brought and read etc. Enraged to find that the Corporation were so false as to make their land their own, they burned the deed. Now "that the Corporation of Albany sho'd never have it in their power to cheat us, we have made a deed in trust to our great King George" etc. (v. encl. v.). The Governor replied that if the King had sent him word that they must might fight with the French, they would have been informed immediately, and assured them of his protection etc. Desires them on their return to take one from each tribe and with Lawrence the Interpreter to go to the Sinnekes' country, and there, if they find any house set up by the French, to make the Sinnekes pull their houses down and send the French out of their country; and if any of the Indians be gone over to them, to make them send for them back, and to warn the rest that the French only want an opportunity to destroy them etc. Returns thanks, and promises the repairs desired. Will keep the deed and give them a copy of it etc. Same endorsement. Copy. 3¾ pp
222. ix. Minutes of Court of Exchequer, New York, 22nd and 28th April, 18th and 19th May, 1702. Same endorsement. Copy. 2 pp. [C.O. 5, 1056. ff. 108–111 v., 112 v., 114–116 v., 117 v., 118, 119–121 v., 122 v., 123 v.–134 v.; and (covering letter only) 5, 1093. ff. 317–319 v 320 v.]
June 20.
Portsmouth
N.H.
223. Lt. Governor Dunbar to Governor Belcher. By Mr. Fellows on Monday last, I acknowledged the receipt of your Excellency's letter of the 13 with the Exeter petition and petitions from the coasters; it is easy to discover whose direction and correction those petitions have had, and where they were framed; there is nothing of truth in them, but what I have represented home as far as relates to me, the heads of them are in your Excellency's letter of the 2nd of May; as for the saw sworn to be broke by me in 1729, I freely own I endeavoured to break it with a crow but could not effect it, it was then in a condemned log with the King's mark upon the log; as for William Nell's affidavit, I surprized him standing by a large pine tree fresh cut, and upon my asking him proper questions in the way of my duty he gave me very provoking language, for which I would have corrected him as I did the two fellows last August, who were robbing the King and treated me very insolently for questioning them, which I will all ways resent to any person upon a level or below me; the cheif complaint in the Exeter petition is against the Judge of the Admirality, who took all the advice and precaution possible before he decreed the boards to His Majty., and if I was in his place I shd. hope and expect that your Excellency would have shewn your resentment against a petition so scurrilously arraining the judgments of a Court; but considering what a dutifull and loyal people subscribe it, they deserve encouragement; the very men who have lately committed an Act that your Excellency in your letter of the 2nd of May says you incline to call rebellion, and the Justices before whom their examinations have been taken, and who also subscribe the petition, are the Justices of the three concerned in taking the examinations, against whom I complained as aiding and abetting the rebellion or riot, and whom the majority of the Council he refused at my instance to examine relateing thereunto; your Excellency sees how little effect the Proclamation has had promising your countenance as a reward for the discovery of the actors in that riot, well may those people call your administration calm, when they can go unpunished for such outrages, the reason among the many handsome expressions and epithets they use in their petition relating to my executing the decree, is worth observation, viz. that the boards decreed to His Majesty had no mark on them to discriminate them from others not decreed, when at the same time they themselves prevented their being so mark'd, and with intent (no doubt) to take them to their own use, and so defraud His Majesty; the petition has a great number of names, many of them are little boys, but they do well enough to make up numbers; notwithstanding some of them have sworn heartily, I perceive none of them charges me with taking any bribes in my duty, tho' it is insinuated in saying that trees and logs have been sold by the surveyor, but if they would incline to do justice they should name the surveyor, it would then appear to be Mr. Slade, and that is one of the reasons why I have discharged him, that charge against him appearing in open court on tryal of the logs, when many were acquitted for that reason. As for the petrs. being forced from their dayly labour by me without pay, I appeal to Cornet Smith who commanded the 12 men, the only detachment I ever had with me, who I am sure will own, and swear that I spent more mony on that detachment than three days' hire wd. come to, and afterwards offered them what pay they would demand. What gives me any concern upon all these petitions is their charging me with swearing; that was no part of my character before I came into this pious country, but the saints by their pretended sanctity and at the same time stealing what belongs to H.M., and even robbing him of it in open defiance of laws, when the power is taken from me to prevent it, and when H.M. is at so great an expence in keeping officers here for that purpose and service, these things, Sir, with some treatment your Excellency knows I have had, would provoke a man of more temper than I to swear, some have gone mad upon less provacations; I told your Excellency at the time of my stopping the coasters laden with the King's boards, and ask'd your advice, which you generously declined giving, and at the same time I sent a copy of wt. I wrote to you to the King's Advocate General, and upon his letter that I could not justify such stopping, I withdrew the order, and now see them every day going by laden with spoil, your Excellency is greatly in favour with loggers, mill men and coasters. If I was Governor I would in the present case order the sheriffs and justices in each town to go with the posse to the mills where condemned boards lye, and there assist and protect the King's officer in separating and marking wt. belongs to H.M., and then either to hawl them for the usual pay, or permitt the officer to burn them, which I alone am answerable for; my commission as Surveyor is registerd at Boston and in it all Governors and magistrates are to be aiding and assisting to, and promote and encourage me and my deputies in the due execution of our duty in all matters relating thereunto, as they will answer the contrary. In virtue of this I have applied to your Excellency, and all the assistance you have been pleased to afford is a very persuasive Proclamation for discovery of a most flagrant insult upon His Majesty's authority, besides your disabling me from using the powers the King has been pleased to give me, wch. wd. have enabled me to have detected the offenders and protected his right; my resentmt. for all this has perhaps warned [sic] me more than I ought to express to your Excellency, you will send it home with the petitions, which is all the favour I ask of you and if it be judged too picquant, I will ask your pardon for it. I think to send you a copy of my late letter to the officers about these affairs, which may serve for a fuller answer than this, and then your Excellency can remark upon and answer it without having it from England. The complaints in these petitions would have appeared better if they had been fresher, they may now look like spight, and if I am not mistaken they may be deemed libels, very good judges will see them and to them I most chearfully submitt. I mentioned that circumstance about the saw 4½ years ago in some of my letters, and also last summer how I was provoked in the woods to strike a couple of insolent fellows who, tho' they were told that I was Leiutenant Governor, treated me with great insolence, which I never will suffer from any man to the dishonouring H.M. commission. Your Excellency takes no notice of my letter of the 24th of May last. I hope you have reed, it etc. P.S. I ask pardon for sending your Excie. a letter thus blotted, it was by accident and time will not admitt of writing it over to go by this post. The President has endeavoured to get the gentn. of the Council to sign a certificate in favour of Mr. Slade, that he was a faithfull diligent officer, and very agreable to the people in the country, the latter is very true, and no officer will be so to them, yt. is faithful. Mr. President could not prevail, by his rhetorick, upon all your friends in the Council to sign such certificate, it would be a contradiction to wt. your Excellency hinted to me in several letters last summer about Mr. Slade's management, and I have 20 affidavits to prove it; but this industry of the President is of apeice with the Exeter petition and may easily be seen through. Signed, David Dunbar. 32/3 [C.O. 5, 10. ff. 102–103 v.]
June 24.
Whitehall.
224. Petty expenses of the Board of Trade, Lady Day—Midsummer, v. Journal. 5 pp. [C.O. 389, 37. pp. 103, 104–105, 106.]
[June 25.]225. List of several tracts of land taken up within the township of Purrysburgh. Given in reply to queries to Col. Purry. June 20th. Robert Thorpe, 12,000 acres, 3rd Jan., 1731 (2); John Roberts, 12,000, 25th Feb., 1731/2; Arthur Middleton, 4705, 19th May, 1732; Paul Jennys, Speaker of Assembly, 3000, 5th April, 1732; Col. Samuel Prioleau, 3250, 20th June, 1732; Capt. Stephen Bull, 700,7th April, 1732; Governor Johnson, 8000, 9th Feb. 1732/3; Col. Thomas Broughton, 4000, 26th Jan., 1732/3. The dates of the above tracts are, pursuant to the several certificates and plotts, returned into my office by my Deputys. Signed, 15th Sept., 1733, Charlestown, Ja. St. John, Surveyor Genl. Note. Col. John Fenwick survey'd, without any authority, and since H.M. purchase, for himself and Mr. Hudson two baronys, one whereof by computation is within six miles bounding of Purrysburgh, the plott of which Mr. Fenwick never returned into the King's Surveyor General's office. Endorsed, Recd., Read 25th June, 1734. 1 p. [C.O. 5, 363. ff. 75, 77 v.]
June 27.
Whitehall.
226. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, Act of Antigua, 1734, for building a platform and cisterns for the use of H.M. ships of war. [C.O. 153, 15. p. 257.]
June 27.
Whitehall.
227. Same to Same. Encloses, similarly, 5 Acts of Montserrat, 1733–1734, (i) to explain an act for holding a Court of General Sessions, (ii) Act amending act for establishing a Court of King's Bench etc., (iii) for the more speedy building a church in the parish of St. Anthony, (iv) constituting a court merchant, (v) for providing an honourable support for Governor Mathew and continuing the duties on liquor etc. [C.O. 153, 15. pp. 258, 259.]
June 27.
Whitehall.
228. Same to Same. Encloses, similarly, 3 Acts of St. Kitts, 1734, (i) for giving an estate of inheritance in fee simple to such of the inhabitants as have built or shall build houses within the several fortifications of Brimstone Hill, Charles Fort and Fort Londonderry, (ii) for reducing the fee of 3s. per sheet taken by the Secretary as Clerk in Chancery for the copies of bills and answer in the said Court etc., (iii) for obliging the churchwardens and vestrymen of the parish of St. George Basseterre to keep watch in the town of Basseterre and Irish Town by night and for preventing robberies and other disorders that are frequently committed therein. [C.O. 152, 15. pp. 259, 260.]
June 28.
Charles Town.
South
Carolina.
229. Mr. Fox to the Council of Trade and Plantations. Encloses lists of vessels entered and cleared, Charles Town, for quarter ended at Midsummer, 1734. Signed, Jos. Fox, Naval Officer. Endorsed, Recd. 24th Sept., 1734, Read 18th Sept., 1735. 1 p.[C.O. 5, 364. ff. 243, 252 v.]