America and West Indies
August 1734

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Institute of Historical Research

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1953

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181-195

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'America and West Indies: August 1734', Calendar of State Papers Colonial, America and West Indies, Volume 41: 1734-1735 (1953), pp. 181-195. URL: http://www.british-history.ac.uk/report.aspx?compid=72765 Date accessed: 20 April 2014. Add to my bookshelf


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August 1734

Aug. 3263. Governor Philipps to the Council of Trade and Plantations. Reply to 15th June. Continues: It is my humble opinion, that the chief incouragement wanting toward the well cultivating, and improvement [of Nova Scotia], is the creating two or three forts in proper places; with an addition of 2 or 300 men, to garrison such forts, this may invite a new set of people, that are Protestants, to venture their lives, and fortunes, under the protection of that Government, for as to the present inhabitants, they are rather a pest and incumberance, than of an advantage to the country, being a proud, lazy, obstinate, and untractable people, unskillfull in the methods of agriculture, nor will be led or drove into a better way of thinking, and (what is still worse) greatly disaffected to the Goverment, they raise ('tis true) both corn and cattle on marsh lands, that wants no clearing, but they have not in almost a century, clear'd the quantity of 300 acres of wood land. From their corn, and cattle, they have plenty of dung for manure, wch. they make no use of, but when it encreases so as to become troublesome, then instead of laying it on their lands, they get rid of it, by removing their barnes to another spot; this, I take it, proves the first part of my assertion. And as to their disaffection, their being of the Romish religion puts that beyond all doubt, they have, indeed, at last, comply'd with taking the oath of allegiance, but discover dayly a strong retention of nonjuring principles. Nevertheless this province must be allow'd (even in its present circumstances) to boast of advantages not much inferiour, to most of our colonys in America, when consider'd in the two chief branches of our trade, vizt., the fishery, particularly that part of it carry'd on at Canso, from whence not less than 50 or 60,000 quintals are ship't off, communibus annis, in Engliesh bottoms for forreign markets, and the consumption of British manufactures imported yearly in considerable quantitys from New England. But the lands will remain uncultivated, and not clear'd, and in course the production of naval stores of all kinds will remain neglected, untill it shall be bless'd with better inhabitants, or that such another spirit, shall appear in behalf of Nova Scotia, as has lately been exerted in the settling of New Georgia, whereby that province may be put into a degree of strength equall if not superiour to the neighbouring French settlements of Canada, and Cape Breton, both wch. are become formidable, whilst Nova Scotia lyes almost naked and defenceless etc. Signed, R. Philipps. Endorsed, Recd. 5th Aug., 1734. 3 pp. [C.O. 217, 7. ff. 98–99 v.]
Aug. 4.
Charles Town.
264. Governor Johnson to the Duke of Newcastle. A very unfortunate affair has happen'd lately on board a schooner belonging the subjects of the King of Spain, and brought into this harbour of Charles Town, four of the crew murder'd the owner, and three more, fell out afterwards among themselves, and two of the murderers kill'd ye other two, and the remaining two were dispatchd by that part of the crew yt. had not been concernd in this barbarous fact, the widdow of the unfortunateowner, they did not kill, and is now here and appears to be a person of good condition. I shall not take up your Grace's time in mentioning all the particulars of this affair, because I enclose all the proceedings properly certifyed, which will inform your Grace of all the steps taken by H.M. Council and myself in doing justice to the widdow, and those who claim the effects brought in here, in which I thought it my duty to use the greatest caution and opennesse in my proceedings that there may be no pretence of embezlement or clandestine practices on the Council's or my part, apprehending it to be my duty to do the same justice to the subjects in friendship with his most sacred Majesty, as to his own; I hope my endeavours therein will be acceptable to H.M. and your Grace. I shall also send copys of all the proceedings to the Govr. of the Havanna relating to this affair (to which place the widdow designs to return) that he may be apprized that everything has been done and transacted with the greatest regard to his master's subjects; the widdow of the owner, as it appears by the examinations taken was always present in person or by her attorneys, and the effects that were brought before the Council were never out of her sight, till an inventory was taken of them, and then were lockt up, and the keys given to her till the whole was deliverd. I likewise send to your Grace the whole proceedings upon the trial of Joseph de Lortie, one of the crew, for piracy etc. the rest of the crew having sworn to his being accessory but he was acquitted; I humbly crave that your Grace after perusing the trial, will order them to be deliverd to Sir Henry Penrice, or Judge of the High Court of Admiralty in England, the law for trying pirates directing that he shall have them. And as no Commission for trying pirates has been sent to this Province since H.M. accession, which has obliged us to try in this Province sevl. pirates by virtue of His late Majesty's Commission for that purpose and by virtue of His present Majesty's Proclamation, ordering all officers shall continue in post and employment till H.M. further orders; and scrupules having arose thereupon, I submit it to your Grace, if it may not be proper to send a new Commission here for the trying of pirates, as to myself as Governor, I was advised the 119th Article of my Instructions expressly injoyn me to act by his late Majesty's Commission for trying pirates etc. Signed, Robt. Johnson. Endorsed, R. 14 Nov. 2½ pp. [C.O. 5, 388. ff. 122–123 v.]
Aug. 7.
Charles Town.
265. Governor Johnson to the Duke of Newcastle. About a fortnight ago dyed here Mr. Theophilus Gregory, Master in Chancery; I have appointed Mr. Cramahe to officiate in that post until I shall have the honour of receiving your Grace's commands in relation to the same; I hope your Grace will please to confirm Mr. Cramahe in that post, it requires a great deal of attendance, and is very triffiing as to the income and proffits, the greatest part of it depending on the allowance ye Assembly will think fit to annex to it. Signed, Robt. Johnson. Endorsed, R. 14 Nov. 1 p. [C.O. 5, 388. ff. 124, 125v.]
Aug. 7.
Charles Town.
266. Governor Johnson to the Council of Trade and Plantations. Abstracts. Received two days ago the Order of Committee of Council 10th April, 1734, and will return answer to the petition of Thomas Cooper etc. with all convenient speed. Has issued a Proclamation signifying H.M. repeal of the Act for preventing law suits etc. P.S. Has obliged the Receiver General to make out fair books of all receipts and payments of public moneys, which he will transmit then etc. Signed, Robt. Johnson. Endorsed, Recd, (from Mr. Furie) 7th Nov., 1734, Read 28th Aug., 1735. 2 pp. [C.O. 5, 364. ff. 235, 255 v., 242 v.]
Aug. 8.
Kensington.
267. Order of King in Council. Repealing Act of S. Carolina, 1733, for settling the estate of Richard Beresford decd. Signed, Temple Stanyan. Endorsed, Recd. 31st May, Read 12th June, 1735. 1¼ pp. [C.O. 5, 364. ff. 28, 28 v., 31 v.]
Aug. 8.
Kensington.
268. Order of King in Council. Referring following to Council of Trade and Plantations for their report. Signed, Temple Stanyan. Endorsed, Recd., Read 28th Aug., 1734. 1 p. Enclosed,
268. i. Petition of Charles Lord Baltimore to the King Abstract. King Charles I granted to Cecilius Lord Baltimore a part of a peninsula lying between the sea and Chesapeake Bay, the limits of which are particularly described in the Letters Patent. Some doubts however arose upon the words hactenus inculta mentioned in the preamble of the said Letters Patent:—"In terra quadam in partibus America hactenus inculta et a barbaris nullam divini numinis notitiam habentibus in partibus occupat." Quotes claim of Capt. William Clayborne 4th April, 1638, to the Isle of Kent, which was disallowed, it appearing by an Order of Council of 3rd July, 1633, that the title to it and other places in question had been resolved and declared absolutely to belong to Lord Baltimore. Petitioner "conceives from the said Order of Council and from the body of the Patent which hath no restrictive words (of hactenus inculta) that all lands within the limits of the said Patent did pass to the Lord Baltimore. But your petitioner finds that pursuant to an Order of Council, dated the 31st May, 1683, the Lords of the Committee for Trade and Plantations reported that the land intended to be granted by the Lord Baltimore's Patent was only land uncultivated and inhabited by savages and that part of the land called Delaware was inhabited by Christians at and before the date of the Patent, and were therefore of opinion that the tract of land lying between the river and the Eastern sea on the one side and Cheasaspeake Bay on the other should be divided into equal parts" etc. and one half assigned to H.M. and the other to the Lord Baltimore etc., which wasaccordingly ordered by K. James II by Order of Council, 7th Nov., 1685. "But your petitioner humbly sheweth that if any part of the said tract of land mentioned in the said report was inhabited at the time of the said patent by any Christians, yet they were not subjects of the Crown of England, but Swedes and Dutchmen, or other subjects of foreign nations. That as the whole of that part of the said Peninsula is plainly described within the limitts of the said grant to your petitioner's said ancestor, under whom he claims, so your petitioner most humbly conceives the same was intended to pass and did pass by the said Charter, in regard the chief design thereof was to enlarge and extend the English Empire and Dominion and therefore in the body of the said Charter all that part of the sd. Peninsula comprized within the limitts therein delineated is granted without any qualification or restriction of the said Hactenus inculta mentioned in the recital of the said Charter. That although the said order of King James cannot legally infringe the rights of the said Charter, yet the same may hereafter create doubts and occasion your petrs. right to the lands therein mentioned to be drawn in question and thereby create great expence to your petitioner, etc. Prays H.M. not to interpret the words hactenus inculta in a sense exclusive of any part of the peninsula lying within the limits of the Charter, altho' some very small part thereof should at the date thereof happen to have been inhabited by the subjects of Foreign Powers, and that, in regard petitioner's ancestors have been at a great expence and hazard to settle and plant that part of the Peninsula described within the limitts of the Charter, and to extend the Empire and Dominion of the Crown agreeable to the Royall intention as expressed in the Charter, that H.M. will by a further Charter confirmed to him his heirs and assigns the whole of such part of the said Peninsula as is contained within the limitts of the Charter, notwithstanding the said words hactenus inculta in the recital of the said former Charter or Letters Patent inserted. Copy. 5 pp. [C.O. 5, 1268. ff. 137, 138–140, 142 v.]
Aug. 8.
Kensington.
269. Order of King in Council. Referring following to the Council of Trade and Plantations for their report. Signed, Temple Stanyan. Endorsed, Recd, (from Mr. Belcher junr.) 15th, Read 22nd Aug.. 1734. 1 p. Enclosed,
269. i. Petition of Jonathan Belcher junr., on behalf of his father, Governor Belcher, to the King. The Council and Representatives of the Massachusetts Bay did on 8th June last pass a bill granting £3000 in bills of public credit to Governor Belcher. By H.M. 27th Instruction he is restrained from giving his assent to such a bill without H.M. special leave. Inasmuch asthis bill is in the same terms as several others formerly permitted by H.M., prays for the like permission, etc. "and that your Majesty's said Governor may in the said Instruction be commanded to use his best endeavours with the Assembly that their future grants from year to year may be one thousand pounds sterling or what shall be equivalent thereto." Signed, Jonathan Belcher. Copy. 1¾ pp.
269. ii. Act of Assembly of Massachusetts for granting £3000 for the support of H.M. Governor. June 8, 1734. Copy. 12/3 pp. [C.O. 5, 876. ff. 64–66 v., 73 v.]
Aug. 8.
Whitehall.
270. Mr. Popple to Mr. Attorney and Solicitor General. Requests reply to letter of July 24 concerning lands in S. Carolina. [C.O. 5, 401. p. 102.]
Aug. 8.
Kensington.
271. Order of King in Council. Approving draught of Instructions for Governor Cunningham. Signed, Temple Stanyan. Endorsed, Recd. 2nd, Read 12th June, 1735. 4 pp. [C.O. 137, 21. ff. 140–141 v., 142 v.]
Aug. 8.
Kensington.
272. Order of King in Council. Repealing Act of New York to empower the Vestry of Jamaica, etc. Signed, Temple Stanyan. Endorsed, Recd. 31st May, Read 12th June, 1735. 2 pp. [C.O. 5, 1057. ff. 9, 9 v., 12 v.]
Aug. 9.
Williamsburg
273. Lt. Governor Gooch's warrant granting William Dandridge, Councillor of Virginia, leave of absence on his private affairs in Great Britain for one year only. If his affairs require his longer absence, he is to apply to H.M. for his royal license etc. Signed, William Gooch. Seal. 1 p. [C.O. 5, 1337. f. 166.]
Aug. 10.
Bermuda.
274. Lt. Governor Pitt to the Duke of Newcastle. I find it incumbent upon me by an instruction I have from his most sacred Majesty, to transmit home an account of an accident that latly happened here in my Government, between one John Walker and Elizabeth Cassady, which Cassady in a fray received a hurt from Walker, of which hurt it is believed she died, whereupon the said Walker was prosecuted and found guilty by a jury here of malitiously killing the said Cassady, but it being appearent there was no prepense malice, I have suspended the execution of the said Walker and humbly desire your Grace would be pleased to interpose with H.M. for his pardon. I presume the more to move this to your Grace because the Honble. the Judges here, have represented him to me as worthy of mercy, which representation I have here inclosed for your Grace's perusal. I humbly pray your Grace's favour in this affair etc. Signed, John Pitt. Endorsed, R. 29th Sept. 1 p. Enclosed,
274. i. Case of John Walker, H.M. Independent Company. The wife of one Cassady, a soldier, was killed in a drunken brawl; v. preceding. ¾ p.
274. ii. Representation of Chief Justice and Assistant Judges to Lt. Governor Pitt. Recommend Walker to H.M. pardon. June 13, 1734. Signed, Wm. Oaterbridge, John Darrell, Nath. Bascombe. 1 p. [C.O. 37, 29. Nos. 18, 18 i., ii.]
Aug. 12.275. Mr. Attorney and Mr. Solicitor General to the Council of Trade and Plantations. Reply to enquiry of July 25th quoted. The grant being general of 12,000 acres of land, and the same being not described therein, nor ascertained by any survey before the Proclamation of Governor Johnson, we are of opinion, that such grantee cannot now take up lands within six miles of Purrysburgh. For the right of the Lords Proprietors is now vested in the Crown; and such general grant could certainly not have prevented the Lords Proprietors from making subsequent grants of any particular lands provided there was still sufficient land left to satisfy such precedent grant; and yet this would be the necessary consequence, if such general grantee might at any time before his lands are set out take them wherever he pleases and disturb the possession of any subsequent grantee. This would not only be a great invasion of H.M. right, but would create very great confusion, and would lead very much to ye disturbance of the peace of this country. Signed, J. Willes, D. Ryder. The opinion in the Attorney General's writing. 5½ pp. Endorsed, Recd., Read 14th Aug., 1734. 5½ pp. Enclosed,
275. i. Copies of 43rd and 45th Articles of Governor Johnson's Instructions, 1730.
275. ii. Copy of Governor Johnson's Proclamation, Sept. 1st, 1731.
275. iii. Copy of Lords Proprietors' grant of a barony of 12,000 acres to Thomas Lowndes, 25th Oct., 1726. [C.O. 5, 363. ff. 110–112 v 114–116 v., 118, 118 v., 119 v.]
Aug. 12.276. Mr. Wragg and Mr. Wood to Mr. Popple. Request that representation of Council of S. Carolina to the King, 19th Dec, 1728, be laid before the Board when re-considering their report (v. July 23), the traders of London and Bristol to S. Carolina conceiving that it will be of use to them in making a true judgment etc. Signed, T. Wragg, Wm. Wood. Endorsed, Recd. 13th, Read 14th Aug., 1734. 1 p. [C.O. 5, 363. ff. 120, 123 v.]
Aug. 12.
The Downs.
on board the
Simond.
277. Col. Purry to the Council of Trade and Plantations. Abstract. Has embarked at Calais in three vessels 270 Swiss with whom he is sailing for S. Carolina. In spite of the injustice with which he is threatened regarding his grant, his friends have advanced him the necessary sums, on security of said lands. But for their friendship for himself and public benevolence, shown in this fashion, the Swiss would have been obliged to return home and his project wd. have been ruined. Begs for support of the Board in a scheme wh. will result in great benefit to the public. Three things are absolutely necessary:—(i) A supply of provisions and tools; (ii) that the lands in his grantshd. be run out contiguous to the township of Purrisbourg, in order to make good their advances to his creditors; (iii) and that the Swiss settlers should have the lands promised them near Purrysburg. Otherwise they will treat him as a liar and traitor, and serious disorders may ensue. He heard on leaving London that orders had been given for provisions, in which he sees the result of the Board's favour, but as to (ii) and (iii) fears the greed of certain persons. "When I marked out the site on which Purrisbourg was to be built, all the surrounding lands were vacant. Messrs. Roberts, Thorpe and others have only had them surveyed for themselves after I had marked out the said place, and after the Governor's Proclamation" (cf Sept. 1st., 1731) etc. Prays for an Order from H.M. to the Governor to have the lands of the township and six miles adjoining surveyed forth and to settle him there forthwith, and in case of difficulty to institute proceedings against those who oppose him. If this is not done promptly, the Swiss will be discouraged. "When I left Switzerland, there was a great desire amongst that people to go to Carolina, and they will go there in great numbers, provided my enterprise is supported at its birth. The people of St. Gall design to ask for land in Carolina to build a town there, but it is to be hoped that another town will not be begun before Purrisbourg is well established, above all it would be of ill consequence if they were granted a site below Purrisbourg or nearer Charlestown, because all the Swiss who came subsequently would settle in that town and neglect Purrisbourg which is the frontier; the place which would be most suitable for a new town of Swiss, would be on the River Savanna, between the Fort Palachucklace and Fort More" etc. Hopes that his knowledge and experience, and the advice of M. Simond and his son, who act for him in London, will induce these people of St. Gall to act in concert with him etc. Signed, [? P.] Purry, Coll. Endorsed, Recd., Read 29th Aug., 1734. French. 6 pp. [C.O. 5, 363. ff. 124–126 v., 127 v.]
Aug. 13.
Jamaica.
278. Council and Assembly of Jamaica to the Duke of Newcastle, v. infra, Aug. 21, encl. iii. Here signed, Ed. Pennant, John Gregory, John Campbell, Edw. Charlton, Tho. Hals; Wm. Nedham, Speaker. Endorsed, R. Oct. 2¾ pp. [C.O. 137, 55. ff. 71–72 v.]
Aug. 15.279. Receipt for salary as Chief Clerk of the Court of St. Jago de la Vega. Signed, J. Page. ½ p. [C.O. 137, 47. f. 239.]
Aug. 15.
Whitehall.
280. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, 28 Acts passed at New York, 1732 and 1733. Titles enumerated. [C.O. 5, 1125. pp. 307–314.]
Aug. 15.
Whitehall.
281. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, six Acts of New Jersey, 1733. [C.O. 5, 996. pp. 368, 369.]
Aug. 18.
Charles Town.
282. Governor Johnson to the Council of Trade and Plantations. Transmits acts of last sessions, but it has been impossible to get the Minutes of Council and of Assembly transcribed in time etc. Signed, Robt. Johnson. Endorsed, Recd. 7th Nov., Read 11th Dec, 1734. 1 p. [C.O. 5, 363. f. 191.]
Aug. 20.
Jamaica.
Spanish Town
283. President Ayscough to the Council of Trade and Plantations. My Lords, I doe myself the honour, to acquaint your Lordships, that I received a letter from his Grace the Duke of Newcastle, dated the 6th day of June last, by Captain Drummond. Commander of the Hawk sloop, the 29th day of July following. In obedience to H.M. commands, in that letter, I appointed the Assembly to meet the 6th instant, and then laid H.M. orders, and directions, before the Council and Assembly. By the inclosed Address to H.M., my Speech, and the Address of the Assembly to me, your Lordships will best judge how just a sense we have, and shall retain, of H.M. goodness, and care for this Island, and how readily the Legislature came to a resolution, to make a suitable provision for the forces expected for our relief. The parties which I mentioned in my last to your Lordships, not having met with the success we expected, are now going out again, if not prevented by the rainy season. I must beg your Lordships' pardon, for not sending the Minutes of the Assembly by this sloop, Captain Drummond being obliged to sail before they can be got ready, but shall take care to transmit them by the next opportunity. I can acquaint your Lordships that a sufficient fund has been raised for an additional allowance of five shillings p. week to each private man and twenty shillings p. week to each officer to commence from their arrival. Signed, J. Ayscough. Endorsed, Recd. 17th Oct., 1734, Read 11th July, 1735. 1½ pp. Enclosed,
283. i. Address of the President, Council and Assembly of Jamaica to the King. 13th Aug., 1734. Assure H.M. that, "We have the most lively and strong impressions of your goodness and extensive care of all your Subjects; particularly in a late instance of your concern for the preservation of this remote part of your Majesty's Dominions and in granting so readily upon our-application a Force sufficient, we humbly hope to dispell our just apprehensions of danger, from our intestine enemies. We are the more sensible of this seasonable aid and assistance, as all our efforts to reduce our slaves in rebellion, have been hitherto ineffectual, particularly in two instances of bad success our Partys very lately met with, which would have put us under the greatest consternation, were we not revived, with the prospect of the speedy arrival of your Majesty's Forces; and therefore we cannot express our gratitude, as well as our duty, in a more agreeable manner than in complying with your Majesty's pleasure in providing for them, according to the best of our ability, altho' our misfortunes have rendered us almost incapable ofdefraying the other contingencies of the Government; But as your Majesty is always attentive to the complaints, and ready to relieve the necessitys of your subjects, we support ourselves with the hopes of that expence being made easy to us, when our low and declining circumstances are faithfully represented to your Majesty. May your Majesty's reign be long, and prosperious; and may the British Crown, with the hearts and affections of a happy and free people, descend in your Illustrious Line, to the latest posterity, is the hearty and unanimous prayers of your Majesty's most obedient, most dutiful and most loyal subjects." Signed, J. Ayscough; Jos. Maxwell, Cl. Counl.; Wm. Nedham, Speaker. Endorsed, as covering letter. Copy. 1 large p.
283. ii. Speech of President Ayscough, to the Council and Assembly of Jamaica. Announces that H.M. has sent six companies to their relief. "As it appeared to H.M. to have been the unanimous opinion of the people of this Island that they were not safe without some immediate assistance." H.M. expects them to make proper provision for them and their additional subsistance etc. Endorsed, Recd. 17th Oct., 1734. Copy. 1¼ pp.
283. iii. (a) Address of Assembly to President Ayscough. Will, with the utmost despatch, make provision for the troops and their subsistence. "No people can have a deeper sense of H.M. most gracious favour to us, and care for the safety and protection of his subjects" etc.
(b) President Ayscoughs Reply to preceding. Returns thanks etc. Same endorsement. Copy. 1 p.
283. iv. Speech of President Ayscough to the Assembly. Announces repulse of party from Port Antonio, which is to march out again in three or four days. It is necessary to raise a fund for that service, the money already raised being nearly exhausted. Recommends an inland duty on rum consumed by retail. Same endorsement. Copy. 1 p. [C.O. 137, 21. ff. 159, 160, 160 v., 163, 164 v.–166, 167 v.–168 v.]
Aug. 20.
Jamaica,
Spanish Town.
284. President Ayscough to the Duke of Newcastle. Acknowledges letter of June 6th etc. Duplicate of preceding covering letter, mutatis mutandis. Signed, J. Ayscough. Endorsed, R. 23rd Oct. 1½ pp. Enclosed,
284. i. Minutes of Assembly of Jamaica, 16th Aug., 1734. Copy. ½ p.
284. ii. Minutes of Assembly, 10th-13th Aug., 1734. Copy. 7⅓ pp.
284. iii. Minutes of Assembly, 7th-9th Aug., 1734. Copy. 6 pp.
284. iv. Minutes of Assembly, 6th Aug., 1734. Copy. 5 pp.
284. v.–vii Copies of encl., i.–iii., to Board of Trade above. [C.O. 137, 55. ff. 73–75 v., 77–80 v., 85–87 v., 89–91, 95–96, 97, 99.]
Aug. 21.
Jamaica,
Spanish Town.
285. President Ayscough to the Duke of Newcastle. Duplicate of Aug. 20th. Signed, J. Ayscough. Endorsed, R. 6th Dec., 1734. 1 p. Enclosed,
285. i., ii. Duplicates of encl. i, ii., Aug. 20th.
285. iii. Council and Assembly of Jamaica to the Duke of Newcastle. Aug, 13th, 1734. Express gratitude for the Six Companies, and his Grace's share in obtaining them and also for his assurance (6th June) that nobody can more sincerely wish the prosperity of the Island than he does etc. Continues: This we could never doubt of from your Grace's known zeal for H.M. and his people etc., whose interest must suffer by any calamity that may attend this valuable Colony in particular. And we do assure your Grace this Island never was in greater distress, or had more occasion for the assistance of its Mother Country than at this present time, occasioned by a chain of losses and misfortunes etc., not only by three dreadful hurricanes, which happened within the space of fourteen years, attended with long and severe droughts; But the lowness of our produce in Great Brittain, the loss of our trade and the heavy taxes we have been under the necessity of raising to defray the expence of the parties fitted out against the rebellious negroes etc. We are persuaded that were the distresses of the people of this Island in general fully known, it would move a mind less generous and compassionate than has always distinguished your Grace and endeared you to all mankind. We therefore flatter ourselves that your Grace will lay our low and declining condition before our most gracious Sovereign, etc. Will always endeavour to merit his Grace's countenance and favour etc. Signed, John Gregory, John Campbell, Will. Hayman, Henry Dawkins, William Gordon, Thos. Hals. 2 pp. [C.O. 137, 55. ff. 101, 102 v., 103, 104, 105, 106, 107.]
Aug. 22.
Whitehall.
286. Mr. Popple to Governor Johnson, Encloses opinion of Attorney and Solicitor General upon grants of lands in S. Carolina, upon which he will shortly receive H.M. orders etc. Continues: But, in the meantime their Lordps. cannot help observing that 8000 acres of those very lands have been survey'd in your name etc. My Lords desire you will upon ye receipt hereof, issue another proclamation prohibiting any person to lay out or take up any land within six miles of the 10 other townsps. which you were directed to lay out etc. [C.O. 5, 401. p. 102.]
Aug. 22.
Whitehall.
287. Council of Trade and Plantations to Governor Cosby. Abstract, Acknowledge letters relating to New York and NewJersey, will consider Acts sent therewith when they receive Mr. Fane's opinion on them. Remind him of his 21st Instruction to be as particular as may be in his observations upon every act passed by him, and request him for the future to send his motives for giving his assent. Ask for copy of Charter of New York granted Col. Montgomerie, which is mentioned in the Act confirming unto the City of New York its rights and priviledges etc. The complaints made against him by Mr. Morris and Mr. Van Dam being now before the Lords of the Council, they forbear making any remark, except that by the Indian deed for vesting in H.M. the land claimed by the Corporation of Albany, that land is computed at 1200 acres. But it has been represented to them by an unknown hand that that land is computed at 30,000 acres. Desire to be informed of the true state of this affair. In his letter of 17th June announcing three vacancies in the Council of New Jersey, he has omitted to name the Councillors making the said vacancies. They cannot therefore propose persons to fill them until they hear again from him. Set out, N.Y. Col. Docs., VI. 16. [C.O. 5, 1125. pp. 314–317.]
Aug. 24.
London.
288. Mr. Coope to the Duke of Newcastle. I have this morning recd. a letter from Governor Matthews in which is the following paragraph of a letter to that gentleman from Spanish Town, dated the 3rd June, 1734:—"On Thursday last at St. Thomas, arrived a large ship from Denmark with a Commission for settling Sta. Cruz, one Motte is appointed Governor (formerly Governor of St. Thomas) they have brought a Minister, 60 soldiers, several sorts of tradesmen and some familys, she is deep laden with provisions. They expect another ship with 100 familys more. Governor Motte being afraid your Excellency will hinder the settlement of it, has sent up a sloop to the French General for a man of warr to protect him in it." I apprehend this settlement (if it goes forward) will weaken the Sugar Colonies of white people which are allready too few, as it will certainly drain them of their debtors and poor setlers, will be usefull to the French for their privatiers, intelligence and provisions in case of a rupture, and is designed by them to answer these purposes. There is a great fondness between the French and Danes in those parts; the latter were the other day assisted by the former with 2 sloops full of men to reduce their rebellious negroes at St. Johns, which they effected, etc. Signed, Rid. Coope. Endorsed, Sent to Board of Trade, 11th Sept., 1734. 1 p. [C.O. 152, 40. No. 36.]
Aug. 27.
Whitehall.
289. Mr. Popple to Mr. Oxenford. Desires "an account of the amount of the imports and exports to and from Great Britain and the Islands of Barbados, Antigua, St. Xtophers, Nevis, Montserat, Jamaica, Bahamas, Bermudas and the West Indies in general, Xtmas, 1728–1732, distinguishing each place and each year and that you will therein explain what is meant by the West Indies in general." [C.O. 324, 12. p. 75.]
Aug. 27.
Virginia.
290. Lt. Governor Gooch to the Council of Trade and Plantations. The Assembly mett according to their last prorogation the 22nd instant. I have inclosed my Speech and the Addresses that your Lordships may see how they are likely to be employed, with the speech of a new Speaker occasioned by the resignation of the old one, on account of his age and infirmities etc. Signed, William Gooch. Endorsed, Recd. 3rd Dec., 1734, Read 13th Aug., 1735. Holograph. 1 p. Enclosed,
290. i. Speech of Lt. Gov. Gooch to the General Assembly of Virginia. Williamsburg, 22nd Aug., 1734. Proposes renewal for a long term of years of Act regulating the tobacco trade, which is near expiring, and by which "our staple . . has acquired a very valuable reputation" etc. Proposes amendments to the Militia Law, and suggests address congratulating H.M. on the marriage of the Princess Royal. Printed, by William Parlus, Williamsburg, 1734. Endorsed, Recd. 3rd Dec.. 1734. 2½ pp.
290. ii (a) Address of the House of Burgesses of Virginia to Lt. Governor Gooch. Return thanks to H.E. for above Speech, his care of their interest and prudent administration, and will apply the experience gained to amend the tobacco law. But above all, it will be incumbent upon them "to consider of the best means to support so honest and profitable a law, without loading ourselves with a debt, which we know would give occasion to new clamours" etc.
(b) Governor's reply to preceding. Is pleased with their concurrence, and their agreement with him that a public inspection is the only expedient to discourage fraud and prevent the markets abroad being burdened with trash etc. Endorsed, Recd. 3rd Dec, 1734. Printed. 1¾ pp.
290. iii. (a) Address of Council in Assembly to Lt. Governor Gooch. Return thanks for Speech and prudent administration. Express appreciation of "His Majesty's consummate wisdom, as well as His paternal goodness, in marrying the Princess Roial to His Serene Highness the Prince of Orange" etc. "With what joy must every British subject be filled who sees His Majesty studying to perpetuate to His People the blessings they now enjoy, by an alliance which thus strengthens the Protestant interest, and the liberties of Europe."
(b) H. E.'s reply to preceding. Some endorsement. Printed, 1½ pp.
290. iv. Speech of Sir John Randolph upon his being elected Speaker of the House of Burgesses of Virginia. Same endorsement. Printed by order of the House etc. 3 pp. [C.O. 5, 1323. ff. 135, 136, 137–139 v., 140 v., 141. 142, 142 v.]
Aug. 27.
Whitehall.
291. Mr. Popple to Mr. Oxenford, Assistant Inspector General of H.M. Customs. Asks for an account of the total amount of the imports and exports to and from this Kingdom and the Islands of Bermuda, the Bahamas, the Leeward Islands, Barbados and Jamaica from Christmas 1728 to Christmas last, distinguishing each Island and each year, the leidgers in our Office going no further than Christmas 1728. And as this account is necessary to enable my Lords to compleat a representation they are to make this next sessions to the House of Lords, I am further commanded to desire the said account may be sent to this office as soon as possible. [C.O. 389, 29. p. 177.]
Aug. 28.
Whitehall.
292. Mr. Popple to Mr. Jennings. My Lords etc. have appointed Wednesday the 18th of September for taking the Lord Baltimore's petition into further consideration etc., and will at that time be ready to hear what you may have to offer etc. [C.O. 5. 401. p. 103.]
[Aug. 28.]293. Petition of Thomas Rutherford to the Council of Trade and Plantations. Having purchased from Thomas Lowndes his grant of 12,000 acres in S. Carolina (v. 12th Aug. etc.), which, Lowndes informed him, in consideration of some service rendered by him to the public, the Board had promised to direct the Surveyor General to run out. Prays that such directions be now given etc. Endorsed, Recd., Read 28th Aug., 1734. 1 p. [C.O. 5, 363. ff. 121, 122 v.]
Aug. 28.
Whitehall.
294. Council of Trade and Plantations to the King. An Act was pass'd in your Majesty's Province of New York on the 1st day of November, 1733, entituled An Act to repeal part of a Clause in the Act therein mentioned. The clause repealld by this Act, is part of an Act pass'd at New York in 1699, whereby it was amongst other things provided, that it should not be in the power of any of H.M. Govrs. etc. to grant or demise for any longer term than their own continuance in the said Government a certain swamp and fresh pond, called the Fresh Water, and adjacent to the King's farm, comonly called Dukes Farm on the Island Manhattans. But your Majty. was lately pleased, by your Order in Council bearing date the 12th day of August, 1731, upon the humble petition of Anthony Rutgers of the City of New York Mercht. to empower the Govr. or Commander-in-Chief etc. to pass a grant under the provisoes therein mentioned, to the said Rutgers, his heirs and assigns, of the aforesaid tract of land called the Swamp, containing about seventy acres subject to the quit rent now paid for land in New York. It was necessary therefore that due obedience might be paid to your Majty's said Order in Council, to repeal the aforesaid clause of the Act of 1699; but we beg leave to take notice to your Majty., that when Acts of Assembly are passed in your Majty's. Plantations, by which former laws are repealed, they ought, in conformity to your Majesty's Royal Instructions, to be provided with a clause to suspend the execution of them till your Majty's. pleasure shouldbe known thereupon; and this Act being destitute of such a clause, we should for that reason have laid the same before your Majty. for your disallowance. But considering that this Act is pass'd in conformity to your Majty's. Royal intentions, signified to the Govr. of New York, by your Majty's. Order in Council, which he might consider as a sufficient authority to exempt him from the observance of the ordinary rule to be practiced in cases of the same nature, we humbly take leave to lay the said Act before your Majty. for your Royal confirmation. [C.O. 5, 1125. pp. 317–320.]
Aug. 29.
Whitehall.
295. Mr. Popple to Mr. Attorney General, and Mr. Solicitor General. Abstract. The Lords Commissioners for Trade etc. finding it absolutely necessary to discourse with them upon the two drafts of a bill for securing the King's quit-rents in S. Carolina, desire to know when a meeting will be convenient etc. [C.O. 5, 401. p. 104.]
Aug. 29.
Whitehall.
296. Council of Trade and Plantations to the King. In obedience to your Majesty's Order in Council dated the 8th of the present month, we have considered the humble memorial of Jonathan Belcher Junr. in behalf of his father Jonathan Belcher Esq. your Majesty's Governor of the Province of the Massachusetts Bay in New England, humbly praying, for the reasons therein contained, that your Majesty would be graciously pleased to permit the said Governor to give his Assent to a bill past there on the 8th day of June last etc. for granting to your Majesty the sum of three thousand pounds for the support of your Majesty's Governor, that he may at the same time be commanded to use his best endeavours with the Assembly of the Massachusetts Bay that their future grants from year to year may be one thousand pounds sterlg. or what shall be equivalent thereto. We beg leave to represent to your Majesty upon this subject, that altho' the Assembly of the Massachusetts Bay have not hitherto been induced to settle a fixed salary upon your Majesty's Governor of that Province for the whole term of his government, yet as it would be a very great hardship upon Mr. Belcher should he not receive a salary from the Province while he continues to perform the functions of a Governor there, we would therefore humbly propose, that your Majesty should be graciously pleased to permit him to give his assent to this Bill. As to the latter part of this Memorial, where it is prayed that Mr. Belcher may receive your Majesty's commands to use his endeavours with the Assembly that their future grants may be one thousand pounds sterling, or what shall be equivalent thereto, we are informed, that the sum of three thousand pounds in bills of credit on the Province is not at present equivalent to one thousand pounds sterlg., upon which we cannot but observe that the Assembly are now defective in the sum as well as in the manner of their grant, and therefore we would humbly propose to your Majesty that Mr. Belcher may be directed to remind the Assembly that by your Majesty's RoyalInstructions to him relating to his salary it was intended that he should receive one thousand pounds sterling per annum. [C.O. 5, 917. pp. 98–100.]
Aug. 31.
Barbados.
297. Governor Lord Howe to the Council of Trade and Plantations. Encloses Attorney General's memorial (No. i), in relation to the more speedy recovery of part of the arrears of Mr. Worsley's tax. Continues:—In consequence of which an act has been pass'd here and to which I have given my assent, intituled an act for the more effectual recovery of certain arrears due to his most sacred Majesty by virtue of an act. etc., 1722, for supporting the honour and dignity of the Government etc., enclosed. The surplus after Mr. Worsley is paid it is thought will amount to about £10,000, four thousand of which as your lordships will observe in the act are to be paid towards making up the deficiency of the present excise act, the remainder is appropriated for the repairs of the fortifications, a state of which I have order'd immediately to be laid before me by the Commissioners of the several divisions to see in what manner and where it may be most necessary to repair them. Encloses Treasurer's accounts etc. Signed, Howe. Endorsed, Recd. 14th Nov., 1734, Read 16th July, 1735 (duplicate in letter of Sept.15). 1¾ pp. Enclosed,
297. i. Memorial of Jonathan Bleuman, Attorney General of Barbados, to Governor Lord Howe. In obedience to H.M. Order in Council of 28th Sept., 1732, memorialist commenced several suits for the recovery of arrears due under the Act of 1722, for supporting the honour and dignity of the Government. These have mostly been paid or promised, and memorialist believes all arrears will shortly be paid except what was charged on the several towns in the Island. £70 is due from the town of Speights and £6250 from the town of St. Michael. As there does not seem to be any immediate remedy for recovering said arrears, proposes legislation to fix the payment on the persons or their representatives at first made liable thereto etc. Signed, J. Bleuman. Endorsed as preceding. Copy. 3 large pp.
297. ii. Treasurer's accounts, Barbados, 13th June, 1733–1734, showing balance of £1068 15s. 1½d. Endorsed, Recd. 14th Nov., 1734. 22 pp. [C.O. 28, 24. ff. 75–76 v., 92 v-99, 100 v., 102 v-106, 107 v., 110, 110 v.]
Aug. 31.
Barbados.
298. Governor Howe to the Duke of Newcastle. Duplicates of preceding covering letter and enclosure No. i. Signed, Howe. 1¾ pp. [C.O. 28, 45. ff. 321, 321 v., 323–324.]
Aug. 31.299. Memorandum that the Master General of Ordnance was ordered to estimate the expence of the stores required for Barbados and the Leewards, and his report is before the Committee of Council etc ¾ p. [C.O. 152, 40. No. 37.]