America and West Indies
July 1734, 11-20

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Institute of Historical Research

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1953

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157-164

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'America and West Indies: July 1734, 11-20', Calendar of State Papers Colonial, America and West Indies, Volume 41: 1734-1735 (1953), pp. 157-164. URL: http://www.british-history.ac.uk/report.aspx?compid=72763 Date accessed: 22 August 2014.


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Contents

July 1734, 11-20

July 11.
Kensington
237. Order of King in Council. Ordering that Charles Dunbarr be appointed a Councillor in ordinary in the several Governments of Barbados, Bermudas and the Leeward Islands as vacancys shall happen, care being taken in such case, that the Councils in the said several Governments do not exceed the number of twelve according to their original and established institutions including the said Dunbarr etc. Signed, Ja. Vernon. Endorsed, Recd. 31st May, Read 12th June, 1735. 2¼ pp. [C.O. 28, 24. ff. 59–60 v.; and 5, 21. ff. 39–40.]
July 11.
Kensington
238. Order of King in Council. Appointing Temple Laws to the Council of Jamaica in the room of James Laws decd. Signed, Ja. Vernon. Endorsed, Recd. 31st May, Read 12th June, 1735. 12/3 pp. [C.O. 137, 21. ff. 139, 139 v., 143 v.; and 137, 55. ff. 67, 67 v.]
July 12.
Boston.
239. Governor Belcher to the Duke of Newcastle. I did myself the honour of addressing your Grace the 2nd of this month, since which I have adjournal the Assembly of this Province to the 11: of Septembr. next, and I now inclose to your Grace their Journal. I have good reason to believe this Assembly will come together still more dispos'd to H.M. honour and service, and to the welfare of their country. As we are not quickly expecting any advices from Great Britain, and not foreseeing that H.M. service will at present necessarily require my attendance in this part of the Province, I intend to imbark Munday 15: curtt. aboard H.M.S. Scarboro', Capt. Durell, to view all the rivers and harbours on the Eastern shore of this Province to the River St. Croix, which I take to be the boundary between H.M. Provinces of the Massachusetts Bay and Nova Scotia, and I hope to return hither in 14 or 20 days, and then to do myself the honour of writing your Grace again; in the mean time I beg the favour of your Grace to expedite the Royal Leave for my support, that while my whole life is spent in H.M. service I may not suffer in my private fortune etc. Signed, J. Belcher. Endorsed, R. 30th Dec. 3 pp. [C.O. 5, 899. ff. 102–103 v.]
July 13.
London.
240. Col. Purry to [? Mr. Popple]. Explains his case relating to grants of land taken up by Messrs. Thorpe, Roberts etc. within the six miles contiguous to Purrysburg, which will put a stop to the immigration of the Swiss Protestants etc. Prays for help and protection etc. v. 18th April. Signed, Jean Pierre Purry. Endorsed, Recd., Read Kith July, 1734. French. 6¾ large pp. [C.O. 5, 363. ff. 78–81 v.]
July 13.
Virginia.
241. Lt. Governor Gooch to the Council of Trade and Plantations. The sole occasion of my giving your Lordships this trouble is to inclose the accots. of H.M. Revenue, and the lists of ships entred and cleared since my last dispatch of this kind. These I hope will afford your Lordships an agreable view of the Revenue and trade of this Colony upon which the support of the Government and the prosperity of the subject depend. I shall defer sending the Council Journals until I can accompany them with those of the Assembly which is to sitt the 22nd of next moneth that I may not give your Lordships unnecessary interruptions when there are nothing in them but what is common to be treated of. I am with the duty and respect which become me etc. Signed, William Gooch. Endorsed, Recd. 17th Sept., 1734, Read 13th Aug., 1735. 1 p. Enclosed.
241. i. Account of H.M. Revenue of 2s. per hhd., 25th Oct. 1733–25th April, 1734. Totals: Receipts (including balance, £7,780 16s. 11½ d): £8,592 9s. 6¼ d. Expenditure: £2.426 18s. Signed and sworn to by John Greymer. Audited by, John Blair, D. Audr. Endorsed, Recd. Sept. 17, 1734. 2 pp.
241. ii. Account of H.M. Revenue of quit-rents, 25th April, 1733–1734. Totals: Receipts (including balance of £6,180 11s. 6d.): £9,283 16s. 3d. Expenditure: £1,317 8s. 10d. Signed, audited and endorsed, as preceding. 4 pp. [C.O. 5, 1323. ff. 128. 129 v, 131–133 v., 134 v.]
July 13.242. Sir William Chapman to [? the Duke of Newcastle]. Encloses following draft of petition "as it is now intended to be laid before H.M. in Council" etc. Remarks (i) that though Mr. Da Costa laid before the Attorney and Solicitor General several precedents of grants of the like nature, their report is confined to those of the two first reigns only (Hen. VII and James I), and calls it propagating the Christian religion by very unchristian methods; and (ii) that the clause of prudential secrecy as to the situation of the place is omitted in the petition as now drawn etc. Signed, William Chapman. 1 p. Enclosed,
242. i. Petition of John Da Costa of London, Merchant, in behalf of himself and several other merchants etc., to the King in Council. There is a tract of land in America bordering on the sea above 800 miles in length wherein petitioner hath lately made discovery of a place wch. lyes above 400 miles distant from any European settlement, and wch. tract of land is in the possession of the original natives and was never possessed by any Christian Prince or State. The said country abounds with very valuable commodities and necessaries for the support of life, and from the happy seituation thereof, the dependancy this Nation hath on others trading to that Continent may be hoped to be considerably lessened if not intirely removed. The prospect of the great advantages this Nation may expect from the consequent trade to the said intended place (if possession thereof should be taken) hath prevailed with several merchants and others to be aiding and assisting your petitioner in taking possession of the said country, were they assured of H.M. royal protection, and of H.M. granting them the countries so to be discovered etc., rendering to H.M. the usual proportion of gold, silver and precious stones to be found therein etc. Copy. 1 p.
242. ii. Report of Attorney and Solicitor General upon the petition of Mr. da Costa. The petition laid before us has several precedents in Rymer's Faedera of Commissions of the like nature as that which is prayed by the petitioner, granted to John Caboto and Sr. Walter Raleigh etc. But those being in the infancy of these discoveries and being founded on a pretended zeal for propagating the Christian religion by very unchristian methods, we think that they are precedents not proper to be followed at this time: and as the petitioner does not think fit to discover and describe particularly where that tract of land lyes etc., but prays a commission to take possession of any countrys or places whatsoever in America as yet not frequented and not inhabited by any of your Majestie's subjects nor actually in the possession of any Christian Prince or State, we think it not advisable to trust the petitioner with so unlimitted a power, which he may possible exercise not only contrary to the Law of Nations but contrary to the intrest of your Majesty and these Kingdoms. Signed, J. Willes, D. Ryder. Aprill 15th, 1734. Copy. 1 p. [C.O. 5, 5. ff. 83, 85, 87.]
July 16.
Whitehall.
243. Mr. Popple to Mr. Fane. Desires his opinion in point of law, as soon as possible, upon the following case and query.The King, after he made ye purchace of Carolina etc., by which he became intituled to all the land not taken up etc., gave directions to his Governor, to mark out eleven townships consisting of 20,000 acres each, and declared by his 43rd Instruction etc., that to the intent that land near the townships may not be wanting for the convenience of the inhabitants etc., no persons except the inhabitants shall be allowed to take up lands within 6 miles of the said townships etc. And by his 45th Instruction does further declare that "no person claiming a right to take up land in S. Carolina by former grants, from the late Lords Proprietors, be allowed to take up land within 6 miles of these townships by virtue of such grants." The Governor did accordingly abt. May, 1731, set out one of the said townships, by the name of Purrysbourgh etc. and did by proclamation signify the King's prohibition of any persons taking up land within 6 miles thereof. Notwithstanding which several persons have since, under pretence of old grants from ye Proprietors, taken up ye greatest part of ye sd. land lying within ye six miles of Purrysbourgh. Query, whether ye township of Purrysbourgh, being pursuant to these Instructions set out for the use of certain people, and the King's having declared, as in 45th Instruction above, is not deemed an effectual taking up of ye sd. land for H.M. use, so as to invalidate ye claim of any person, who subsequent to ye sd. Instructions and proclamation, shall have taken up land there. [C.O. 5, 401. pp. 95a, 96a.]
July 16.244. Proclamation by Governor Johnson, Sept. 1st, 1731, forbidding the running out of lands within 6 miles of Purrysburg etc. Endorsed, Recd, (from Capt. Simmons), Read 16th July, 1734. Copy. 2½ pp. [C.O. 5, 363. ff. 82–83 v.]
July 16.245. Receipt from the Council Office for two petitions and an Address by the Governour, Council and Assembly of S. Carolina etc. 1 p. [C.O. 5, 383. f. 13.]
July 18.
Annapolis
Royal.
246. Lt. Governor Armstrong to the Duke of Newcastle. Having already represented to your Grace several things relating to this Province, I shall not at this time presume to make repetition further than to put your Grace in mind of us and to honour us with your necessary commands. The inclosed is a representation of the present state of the Province, and of the condition we shall be reduc'd to in case of a war with France, signed by all the officers both civil and military which we hope your Grace will lay before H.M. I must not omit, as I am required to represent all occurrancys to your Grace, and as H.M. service is at stake, reminding you of the difference still subsisting between Majr. Cosby and me in relation to the command; being thereby impeded from doing my duty and answering the end of my Commission; in contempt of which he having not only refused to receive orders and to serve under me. but actually withdrawn and absented himself from the service; I must also beg your Grace to represent this his unpresidented conduct to H.M. for his Royal Consideration. By the inclosed papers which I heartily recommend to your Grace's perusal, you will see how I have been prevented from visiting Canso and some other parts of the Province, which as it was my design and as I have formerly advised your Grace, I was going to embarque but upon information of Majr. Cosby's intentions of reassuming the command, I am advised by all the officers here in order to preserve the peace and tranquility of this place not to proceed, so that unless our difference is decided, H.M. service must needs suffer, which I heartily recommend to your Grace. Signed, L. Armstrong. 2 pp. Enclosed,
246. i. Address of the Lt. Governor, Council, Officers and Inhabitants of Nova Scotia to the King. Annapolis Royal. July 13, 1734. Congratulate H.M. on the marriage of the Princess Royal with the Prince of Orange etc. Signed, L. Armstrong, P. Mascarene and 12 others. 1 large p.
246. ii. Address of the Lt. Governor, Council, Officers Civil and Military and British Inhabitants of Nova Scotia to the King. Annapolis Royal. July 13, 1734. We, your Majesty's most loyal and faithfull subjects etc., think it our duty from the posture of the present affairs in Europe to represent to your Majesty the defenceless state of this your Province which in case of a war with France will be in imminent danger. The neighbourhood of the French who have settled Cape Breton and have for these many years past been at great pains and expence to fortifie the harbour of Lewisbourg, St. Peters and the Island of St. Johns will be a continual annoyance to us, as they can at pleasure send out privateers and thereby stop our supplys and destroy our fishing vessels and by their emissarys influence the French inhabitants of this Province who by your Majesty's indulgence and clemency were suffered to remain in the enjoyment of their estates on their taking an oath of allegiance, which oath they believe binds them no further than to keep a neutrality and which we are apt to think will prove too slender a tye to keep them either to that or to hinder them from supporting or even joining in the attempts that those of Cape Breton and Canada in conjunction with the Indians may make on us, for the reduction of this Province to the Dominions of France. Some of these attempts we shall not be able to repell, having no vessels of force to curb the insolence of their privateers nor proper instructions and power to proceed against your Majestie's French subjects in case any of them shall be suspected or convicted of treacherously aiding, assisting or counternancing any insults made against us or concealing any such design. Canso, which the French at Cape Breton have all along lookt upon with an envious eye, being just at their doors and most advantagiously situated for carrying on the cod and whale Fishery and of late years has made a considerable figure in these great branches of trade, lyes naked and defenceless without so much as barracks to lodge the four Companys of Colo. Philippe's regiment which are there for its defence or storehouses to secure the provisions for their support, other than what from time to time have been erected in haste and slightly by the Commanders assisted by the fishermen who resort thither in the fishing season and have contributed thereto both with their hands and purse. This place which is and may still become of great importance to the Crown of Great Britain will inevitably fall into the enemie's hands if it be not strengthened by vessels of force and a good fortification and if that place should be reduc'd to the French power it would sensibly affect this Province in general and even your other Colonys since the fishing there is carried on by your Majestie's British subjects resorting thither from Great Britain or from New England, New York and other your Majestie's Plantations. And as it has been the only place in this Province that can be said to have been frequented all along by a considerable number of British subjects, it hath therefore given great encouragement and support to the British interest here, so that its reduction would not only very much affect those traders who resort thither from the Plantations, but would be a great augmentation of power to the French and render them the more able to annoy this place as well as the other parts along the coasts of New England, which would be continually infested by privateers to the utter destruction of their trade etc. We have been informed by our merchants who trade in the country amongst the French inhabitants and the savages that both of them are extreamly insolent and much altered in their dispositions of late towards the English; the first makes no hesitation in declaring publickly the assurance they have of assistance from France for the reduction of this Province and the latter being thereby encouraged have already attempted to commit depredations. So that we must naturally expect upon the first declaration of war that the French in conjunction with the Indians will fall on Canso and beseige this place also by land and with their privateers by sea deprive us of the necessary supplys which comes at certain set times from abroad as we shall be of all necessarys from the country itself. Whereas Cape Breton by the way of harbours in the Bay Verte and others on our eastern coast may be, as they all along have been, constantly supplied with all these necessarys from the inhabitants of this Province. And whereas Canso, from whence for want of protection several merchants have already retired with their effects, is in a much more deplorable state and condition than Annapolis Royal, pray H.M. to consider what is here represented etc. Signed, L. Armstrong, Lt. Gov., P. Mascarenc, and 12 others. 2¾ large pp.
246. iii. Major Cosby to William Sheriff, Secretary to the Council of Nova Scotia. Annapolis Royal. 7th May, 1732. Announces his withdrawal from the Council, "until I acquaint H.M. with my reason" etc. Signed, Alexr. Cosby. Copy, ¾ p.
246. iv. Same to Capt. John Jephson, Acting Fort Major. 8th May, 1732. Lays down his commission. "I cannot with honour, nor will not serve any longer under Governour Armstrong" etc. Signed, Alexr. Cosby. Copy. 1¼ pp.
246. v. (a) Deposition of Major Philipps, and Major Cope. July 16, 1734. Governour Armstrong being informed that Govr. Cosby intended to reassume the command of this Garrison in his absence, being now bound to Canso, acquainted him, through deponents, that if Governor Cosby would not give it under his hand that he would remain tranquil as a private gentleman and not resume any command during his absence or till the King's pleasure should be known, he would be obliged to carry him with him to Canso, and from thence send him to England in the man of warr. Cosby answered, that he was ready to obey Governor Armstrong's orders, so far as suited with his commission, but did not understand above message and must take care of himself. Signed, Eras. Jas. Philipps, Fort Major, Hen. Cope.
(b) Deposition of Major Philipps. July 16, 1734. Deponent acquainted Govr. Cosby with Govr. Armstrong's order that he prepare himself to go on board the sloop George for Canso and England. He replied that having H.M. commission as Lt. Governor, he dared not leave this place without H.M. special orders, more particularly now that there is daily expectation of war, for which reason he would not even go, if he had the King's leave etc. Signed, Eras. Jas. Philipps.
(c) Minute of Governor Armstrong's communication to the Officers of the Garrison upon the above, and their answer. Governor Armstrong informed them that, Major Cosby having refused to obey his orders and withdrawn himself from H.M. service, he had appointed Major Mascarenc to command both in the civil and military capacity during his absence. He invited their opinion whether any person in H.M. service can relinquish his command and reassume it at pleasure, and whether Major Mascarenc ought not to be appointed as next in command to Cosby etc. They replied that the question was more proper for a Court Martial; that Cosby not having yet been tried, and his case pending before H.M., he had not yet forfeited his Commissions as Lt. Governor of the Garrison and Major of the Regiment, and they must obey him as such. If therefore H.E. would not allow him the command in his absence, they considered that it would be much better for the quiet and peace of the Garrison, that he should defer his voyage to Canso etc. 16 Signatures, including Eras. Philipps, Will. Skene and P. Mascarenc. The whole, 6 pp. [C.O. 217, 39. ff. 116, 116v., 118 v., 119, 120–121, 122, 123–126 v.]
July 20.
Antigua.
247. Governor Mathew to Mr. Popple. Encloses, Minutes of Council, Montserrat, 28th March-24th June, 1734, and of Assembly, 25th March-25th April, 1734; Minutes of Assembly, Nevis. 4th April-25th June, 1734, and duplicate transcript of Minutes of Assembly, Antigua, 21st Jan.–15th March, 1733. Signed, William Mathew. Endorsed, Recd. 25th Oct., 1734, Read 30th July, 1735. Holograph. 1 p. [C.O. 152, 21. ff. 88, 91 v.]