America and West Indies
July 1735, 1-15


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'America and West Indies: July 1735, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 42: 1735-1736 (1953), pp. 1-18. URL: Date accessed: 27 November 2014.


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July 1735, 1-15

July 2.
1. Order of Committee of Privy Council for Plantation Affairs. Their Lordships taking into consideration a state of Jamaica prepared by the Board of Trade etc., and finding that the present distrest condition of the sd. island has arisen chiefly from the want of a sufficient number of white inhabitants, and that the great obstruction to the encrease of such inhabitants has been owing to the granting exorbitant tracts of the most fertile and best situated lands to a few of the inhabitants, by means whereof there remains at present none for the reception of newcomers, but what they must purchase at an extravagant price, and their Ldps. finding likewise, that all the laws hitherto made to prevent the same have proved ineffectual, did therefore think proper to order, that the Lds. Commrs. for Trade taking to their assistance the Attorney and Solicitor Genl. should prepare heads of a bill proper to be past by the Council and Assembly of that Island for the dispossessing the Proprietors of all such extensive tracts of land as lye uncultivated in order to the granting the sd. lands anew to such persons who will come to settle in the sd. island, and cultivate the same within a limited time, and as this appears to be the only means wch. can effectually provide for the happiness and security of the sd. Island, the Committee doth therefore farther order, that the sd. Lords Comrs. for Trade do prepare a draught of an Additional Instruction to be given hereupon to Governor Cunningham etc., directing him to recommend to the Council and Assembly the passing an Act for the purposes aforesaid and to acquaint them, that as H.M. has been graciously pleased to comply with everything wch. they thought necessary to request for the security and defence of the inhabitants, so H.M. does expect, that they shall on their part comply with such measures as H.M. judges necessary for their own happiness and security, and that if they shall neglect or refuse the same, that then the sd. Govr. do immediately inform H.M. thereof, that the same may be laid before the Parliament of Great Britain etc. Heads of said bill and draught of Instructions to be laid before the Committee by the Board of Trade.
Signed, Ja. Vernon. Endorsed, Recd. Read 4th July, 1735. 1½ pp. [C.O. 137, 21. ff. 157, 157 v., 162 v.; and 5, 36. ff. 38, 38 v.].
July 3.
2. Order of Committee of Privy Council. Referring following to the Council of Trade and Plantations for their opinion thereupon. Signed, Ja. Vernon. Endorsed, Recd, (from Mr. Shelton) 5th, Read 10th Dec. 1735. 1¼ pp. Enclosed,
2. i. Petition of William Wragg and Samuel Deane, Merchants, in behalf of themselves and others planters in S. Carolina, to the Queen, Guardian of the Kingdom. In 1713 petitioners and others undertook a design for erecting several sawmills in S. Carolina, in which petitioners spent near £3000, transporting thither for that purpose persons from England and Holland, and purchasing £6000 acres of land from the Lords Proprietors. But the Indian war then coming on, and the Lords Proprietors soon after shutting up the Land Office prevented them from having the grant signed in due form etc. The Province being now under H.M. Government, pray for confirmation of said grant etc. Signed, Wm. Wragg, Saml. Deane. Copy, 1½ pp.
2. ii. Copy of grant of 6000 acres to John Danson by the Lords Proprietors of Carolina, 29th Oct., 1713. Copy. 1 p. [C.O. 5, 365. ff. 52—54, 57 v.].
[July 3.]3. Extract from a letter from Carolina. There is a bill now depending in the Assembly for laying an additional duty of £7 10s. per head on all negroes imported. Copies of the bills are sent to London and Bristol, for accounts can't be sent too early of an affair which, in its nature, will be so injurious to trade, and which will lay the factors here under such severe difficulties, before they can obtain redress from Great Britain. This last consideration has never been sufficiently attended to, for it has been a great, if not the chief encouragement to our Assemblys to do extraordinary and unreasonable things because they have, in a great measure, had their effects etc., before relief could be obtained. Acts have been passed, and numbers of people have been injured, nay sometimes ruined, before the acts could be repealed. The mischiefe has been done, and the actors have passed without notice or censure, and, on that account, are always ready to persue the like measures. There is something very remarkable in the Preamble of this Bill. You see to what a height our Assemblys are grown! A Convention of people inferior in capacity, estate, and all other qualifications requisite for lawgivers, to the members of many a little Corporation in England, pronounce themselves H.M. Faithful Commons, which, besides their presumption in using the style of the British Parliament, is nonsense, and an abuse of forms, as we have no Lords, here, to justify such a distinction. In the same Preamble they make profession of their duty and submission to H.M. pleasure, and their willingness to comply with his Instructions, when, at the same time, they are passing an act which is a notorious and manifest contradiction of several of those which are most material and important, to the trade of Great Britain etc. Such a duty would be a very great discouragement to the negroe trades, and does materially affect the trade of Great Britain etc. The other reasons, which they give in the Preamble for passing this act, viz., that it is to bring in people, and to releive their distressed Protestant Brethren, is mere grimace, and void of all manner of sincerity. If they were really, influenced by any such humane and charitable motives, why did they misapply the whole sinking fund (except £5000 per annum) which H.M. had by his Instructions expressly directed to be applyed for bringing in poor Protestants? Why did they enter into resolutions wholly to confine their bounty to Colo. Purry's Swiss? Why did they respect the proposals of Mr. Wragg and Capt. Crokat? etc. Endorsed, Recd, (from Mr. Wood), Read 3rd July, 1735. Copy. 12/3 pp. [C.O. 5, 364. ff. 48, 48 v., 49 v.]
[July 3.]
4. Council of Trade and Plantations to the Duke of Newcastle. Enclose, Address from the Council and Assembly of Jamaica returning thanks for the sending over the Six Independent Companies, to be laid before the King. [C.O. 138, 18. p. 25.]
July 3.
Spanish Town.
5. President Ayscough to the Council of Trade and Plantations. I have by this opportunity sent to your Lordships, the rest of the Laws, pass d this last session; with a plan annexed to that for building of twelve barracks thro the Island, which has been presented by Colonel Lilly, H.M. Chief Engineer here, for whose further services, the country will have occasion, I hope this Law will meet with your Lordships' approbation, which will the more speedily receive H.M. Royall Assent. Signed, J. Ayscough. Endorsed, Recd. 12th, Read 16th Dec, 1735. 1 p. [C.O. 137, 21. ff. 230, 231 v.].
July 3.
Spanish Town.
6. President Ayscough to the Duke of Newcastle. Duplicate of preceding letter, mutatis mutandis. Signed, J. Ayscough. Endorse, R. 31st Aug. 1 p. Enclosed,
6. i. A Plan of a defensible Barrack or Dwelling House, intended for the use and security of such new settlements as shall be carryed on near (or in danger of) the rebellious negroes etc., Projected by Colo. Christian Lilly, H.M. Chief Ingeneer of Jamaica, 1734. Plan on scale of 70 feet. Note. "This project may likewise be of use in any other of H.M. American Colonies." Consists of a central hall communicating, oblong in shape and with four dwelling rooms, thrown out at each corner for flanking fire. 1 p.
6. ii. Explanation and Instructions for building above. 1 p. [C.O. 137, 55. ff. 199, 200 v., 201 v., 202].
July 4.
7. Mr. Wood to Mr. Popple. I send you, as I promised yesterday a copy of the letter which I received from Bristol, in answer to the Lords' proposal relating to the affairs of Carolina depending before their Lordships; and have only to desire you to observe to their Lordships what I repeated yesterday, that the traders of Bristol, and many others the traders of this Kingdom, were not parties to the agreement with Mr. Johnson, nor concerned in making the answer to the Queries at the same time, tho' ten times more interested in trade every year to Carolina, in negroes, than those which did; and that all dutys on negroes, or any other commodities, either necessary or material for planting, whether paid by the importer or purchaser, are very great discouragements to the better settling of the Province, as well as to the trade of this Kingdom. If this be, really, fact, as I conceive it is, and has been shown in papers either laid before the Lords, or given to you, I will not doubt but the Lords will, soon, come to a determination upon this affair, which is so earnestly desired by those traders for whom I am more immediately concerned; tho', give me leave to assure you, that, if I did not believe, at the same time I am appearing in this affair for them, that the traders were perfectly right, in their application with regard to the better settling by the Province, and the trade of this Kingdom, I would not have given either the Lords or you any trouble on this occasion. Signed, Wm. Wood. Endorsed, Recd. Read 4th July, 1735. 1 p. Enclosed,
7. i. Merchants of Bristol to Mr. Wood. Bristol, June 28, 1735. Abide by their petition to the King to disapprove the Appropriation Act, S. Carolina, and to prevent any duties being imposed on negroes imported. "By the great importation of negroes for 14 years past into Carolina there has been raised money more than sufficient to have sunk the whole paper currency, or whole debt owing in 1723, and to have answered much more than the expence the Province has been at, since the passing of the Appropriation law in paying the passages of, and providing provisions for, any new settlers. Since this is the case, since dutys on negroes are so great a discouragement to our trade, consequently to the better settlement of the Colony itself; and since so bad an use has been made of the agreement which the London merchants came into, at the request of Mr. Johnson, their young Governor, we have no manner of incouragement to come into this proposal which, for our parts, we cannot see for what end it is proposed to us, or also can possibly be served by it, or who has power over the Legislature of Carolina to render it effectual etc. The determination made on Mr. Cunningham's memorial was very surprizing to us etc., and we do desire you will request the Lords to make their report forthwith etc. Signed, James Lambe, Richd. Jefferis and six others. Copy. 1½ pp. [C.O. 5, 364. ff. 46, 47, 47 v., 51 v.].
July 4.
8. Council of Trade and Plantations to the Committee of H.M. Privy Council. Upon the petition of Richard Partridge 1st May, represent that, "we have been attended upon this occasion by Mr. Partridge, by whom we are informed, that this Colony [Rhode Island], had formerly twelve cannon, most of which are now unfit for service: that they have built a fort which cost them ten thousand pounds of their currency, and have lately bought twentyfour cannons which cost six hundred pounds; and they now desire to be supplyed with twenty more from 18 to 24 pounders and twenty shot for each gun, which will compleat the number requisite to furnish their fort etc. We are of opinion it would be of service to the Colony if H.M. would be graciously pleased to grant their request. [C.O. 5, 1294. pp. 80, 81].
July 4.
9. Mr. Popple to Lt. Governor Armstrong. My Lords Commissioners for Trade and Plantations, having read your letter of the 29th Octor. 1733 have commanded me in answer to your complaint of the French carrying on a great fishery at Cape Gaspy, to acquaint you that Captain Fytche, Commander of H.M. Ship The Sheerness, in his answer to several enquiries relating to the trade and fishery at Canso for the year 1735, says, "there has resorted to some of the Canso Islands several French fishermen and inhabitants of Cape Breton, who kept this year 30 boats, and had very great success, they have done it many years upon a pretence of leave from the Governor." It is of great damage to our fishery and contrary to the Treaty of Utrecht. And that their Lordships are surprized to hear that any English Governor at Canso should grant any such leave and that their Lordships desire to be truly inform'd from you in this particular and advise you, that if any such leave has been given, that you not only discontinue it for the future but that you use your utmost endeavours to prevent any encroachments upon the seas and coasts belonging to H.M. Dominions. Their Lordships having received several complaints from H.M. Consuls and Ministers in foreign parts of fish carry'd to the respective markets for sale, which has been very ill cured, and as it appears that officers called cullers of fish have been appointed in several ports under the Government of New England to prevent such abuses, My Lords Commissioners desire you will endeavour with the advice of the Commanders of H.M. Ships of War attending the fishery at Canso, to appoint such an officer there, without being oppressive to the fishermen and to give their Lordships an immediate account of your success. [C.O. 218, 2. pp. 18–20].
July 5.
10. Council of Trade of Plantations to the Committee of the Privy Council. Upon the petition from Montserrat for cannon and arms etc., referred to them on March 6, refer to their report of July 24, 1734. [C.O. 153, 16. p. 4].
July 5.11. Extract from letter from the Speaker of Assembly, Antigua, to John Yeamans, Agent for the island. The Assembly desire you to wait on the Rt. Honble., the Lords Commissioners for Trade etc. and to return their Lordships the humble and hearty thanks of the House for causing our laws to be printed, and for the two books they have been pleased to order to be sent as gifts to the Assembly and myself etc. We hope their Lordships will continue to afford us their countenance and protection etc., and particularly at this juncture employ their best endeavours to relieve us from the miseries that we now lie under by the prices of our commodities in England, which we apprehend can only be effected by granting us a liberty to export them directly from hence to foreign marketts; having the duties lessened on those that are imported into Great Britain; and taking off the 4½ per cent etc. Endorsed, Recd, (from Mr. Yeamans). Read 16th Sept., 1735. Copy. 1½ pp. [C.O. 152, 20. ff. 167, 167v., 168 v.]
July 9.
12. Order of Queen, Guardian of the Kingdom etc., in Council. Approving representation of Council of Trade and Plantations upon Col. Horsey's petition, and ordering that the Governor of S. Carolina do cause a grant of 48,000 acres to be made to him his heirs etc. Signed, Ja. Vernon. Endorsed, Recd. 22nd Sept., Read 14th Oct., 1735. ff. 22/3 pp. [C.O. 5, 365. ff. 1–2v.].
July 9.
13. Order of Same. Approving representation of Council of Trade and Plantations on petition of Thomas Rutherford, and ordering that 12,000 acres of land in S. Carolina be surveyed and set out to him as desired. Signed and endorsed as preceding. 1½ pp. [C.O. 5, 365. ff. 3, 3 v., 4 v.].
July 9.
14. Order of Queen, Guardian of the Kingdom, in Council. Approving draught of Additional Instruction to Governor Cunningham relating to a duty upon negroes. Signed, Ja. Vernon. Endorsed, Recd. 18th Sept., Read 14th Oct., 1735. 2 pp. [C.O. 5 137, 22. ff. 2, 2 v., 3 v.].
July 9.
15. Order of Queen, Guardian of the Kingdom, in Council. Approving report of the Committee, upon the memorial of Governor Cunningham for a supply of salt provisions for the troops, that, finding that the said troops do receive an additional pay from the inhabitants etc., it is not reasonable there should be any further additional allowance made to them on account of provisions by Great Britain; but that the Council and Assembly of Jamaica may in lieu of the additional pay granted by the said island, furnish such provisions to all the said troops, or such a part of them as shall be actually upon duty, during their continuance upon duty, according as they shall judge necessary and proper. Signed and endorsed as preceding. 1½ pp. [C.O. 137, 22. ff. 5, 5 v., 10 v.].
July 9.
16. Order of Queen etc. in Council. Approving the representation of the Council of Trade and dismissing the petition of Sir Wm. Chapman and others for a grant of lands in America. Signed and endorsed as preceding. 2½ pp. [C.O. 388 35. ff. 1—2 v.].
July 9.
17. Order of Queen etc. in Council. Approving additional Instruction to Governor Mathew, empowering him to pass a new gunpowder act in St. Christopher. Signed, Ja. Vernon. Endorsed, Recd. 22nd Sept., Read 4th Oct., 1735. 1¼ pp. [C.O. 152, 22. ff. 1, 1 v., 3 v.].
July 9.
18. Order of Queen etc. in Council. Approving report of Council of Trade upon Act of St. Christopher, 1732, continuing the dutys of gunpowder etc., and repeating the same. Signed and endorsed as preceding. 2½ pp. [C.O. 152, 22. ff. 2–3 v.].
July 9.
19. Council of Trade and Plantations to Committee of privy Council. Pursuant to your Lordships order of the 2nd instant, we herewith transmit to your Lordships the heads of a bill which we have prepared with the assistance of Mr. Fane, one of H.M. Counsel, propose to be passed by the Council and Assembly of Jamaica, for dispossessing the proprietors of all such extensive tracts of lands as ly uncultivated in that Island in order to the granting the said lands anew to such persons as shall come to settle there, and cultivate the same within a limited time. We also take leave to transmit to your Lordships the draught of an Instruction which we have prepared for Governor Cunningham etc., whereby he is directed to recommend, to the Council and Assembly the passing an Act for the purposes aforesaid etc. as below. Annexed,
19. i. Drafts of H.M. Additional Instructions to Governor Cunningham, (30) Whereas it hath in all times been a very great hindrance to the peopling and setaling of Our Island of Jamaica, that large tracts of land have been ingrossed by particular persons, great part whereof still remains uncultivated, whereby the Island is deprived of many inhabitants that would otherwise have settled there, and have greatly contributed to the security, wealth and defence thereof: now We having taken the same into Our royal consideration, and being especially minded to provide against so great an evil for the future; We do hereby in a very particular manner recommend it to you to use your best endeavours to get a law passed in the most effectual terms, for obliging all persons already possessed of any lands in Our said Island, to plant and cultivate, or to dispose of the same to such persons as are willing to undertake the same, and in default thereof, that such lands may revert to Us, to be regranted for that purpose; and you are to acquaint the Council and Assembly that as we have been graciously pleased to comply with everything, which they thought necessary to request for the security and defence of the inhabitants of Our said Island, so We do expect that they shall on their part, comply with such measures, as we judge necessary for their happyness and security. But in case they shall be so little sensible of their own welfare as to neglect or refuse the passing the same into a law; it is Our Will and Pleasure and you are hereby directed to inform Us thereof, that the same may be laid before Our Parliament of Great Britain for their consideration.
(31) It is likewise Our Will and Pleasure that no grant of land shall be made by you on Our behalf, to any person whatsoever already possessed of one thousand acres or more, within Our said Island, and that no person whatsoever shall for the future be capable of holding by any grant hereafter to be made on Our behalf more than 1000 acres as aforesaid, and that no grant be for the future made but upon this express condition that each grantee shall have and maintain one white man for every hundred acres he shall have granted unto him; and that he do annually pay the usual quit rent for every hundred acres so to be granted.
(32) And altho' the effectual peopling of Our said Island as well as the defence thereof against the rebellious negroes or any other enemies, does absolutely depend upon the number of white inhabitants, for which purpose a good law was enacted obliging the inhabitants to keep and maintain a proportionable number of white servants for the negroes they shall possess, which law was confirmed in 1704. Yet we are given to understand that Our people of Jamaica have been so negligent of their own welfare in this particular, that by subsequent laws they have allowed each inhabitant to keep a greater proportion of negroes for every white servant, and even for want thereof to pay an annual acknowledgement in money, by which means, as also by teaching handicraft trades to their own negroes, there are not at present on the Island so many white inhabitants as there formerly were. It is therefore Our Will and Pleasure, and you are hereby directed not to give your assent upon any pretence to any law whatsoever, for lessening the proportion of white servants, as directed by the aforesaid Act, confirmed in 1704.
19. ii. Proposals for a Bill for the better peopling and settling the Island of Jamaica. That all land in any part of Jamaica own'd by any person or persons, who have not cultivated the same or shall not within [blank] after the passing this Act, cultivate and settle the same, all such uncultivated and unsettled lands to be declared forfited, and vested in H.M., His Heirs and successors, to be dispos'd of to such persons as are willing to cultivate and settle the same under the following or such like restrictions and conditions; every white person being a Protestant and possess'd of one white man to have 100 acres. Every mulatto, Indian or negroe who shall have been by Act of Assembly naturaliz'd and declared free, to have upon the like conditions 100 acres. And for every slave they shall afterwards purchase and keep upon such tracts, 5 acres. That the Governor be impower'd to grant to any person any tract of land not exceeding 1000 acres upon condition that within [blank] after the date of this grant he shall settle and maintain thereon one white man; and that the next year he do settle and maintain thereon another white man, and so annually until the whole proportion of one white man shall be settled and maintained for every hundred acres. And that in case of any failure in payment of quit rents, or of maintaining the proper number of white men, all lands granted shall again revert to the Crown, to be regranted to such persons as are willing and able to settle the same upon the conditions afore mentioned. [C.O. 138, 18. pp. 26–32.].
July 10.
Cape Fear.
20. Governor Johnston to Council of Trade and Plantations. My lord, I have the honour to send along with this a copy of the heads of the Quit Rent Law, and a copy of the bill as it was, when rejected by the Council; your Lordships will no doubt observe the reasons which induced the Council to lay it aside, viz., the paying the King his rents in commodities, at so high a rate, and at so many different landings, that the expence in collecting them would have been intolerable, and in the end H.M. would not have sixpence neat per 100 acres. I have likewise sent a copy of the state of the blank patents the original of which I transmitted by the way of South Carolina about six weeks ago, the gentlemen concerned were very fond of representing their case to your Lordships at first, but for what reasons I can't tell, they seem to be so cool about it now that I am not able to guess whether they will make any defence or not, but I hope this will not occasion any delay in the orders I shall expect from your Lordships on this subject, I have ordered four or five of the blank patents to be proceeded against in H.M. Court of Exchequer lately erected here, and shall be sure to send your Lordships a copy of the proceedings as soon as matters are brought to any issue, several of our people have begun very modestly to question whether H.M. has a power to erect a Court of Exchequer here without an act of their Assembly, their arguments are borrowed from a book publish'd by Mr. Morris late Chief Justice of New York. As my instructions are very plain and positive on this head, I shall not trouble myself with any of their quibbles, it would not however be amiss to send the opinions of some eminent lawyers on this subject, it has been a great loss to me that I have never yet had the opinion of the Attorney and Solicitor General concerning the validity of our laws tho' it was laid before them eight months before I left London. In my last I observ'd to your Lordships that it was a great detriment to the revenue, that we had no Receiver General who resided within the province; when I order'd the arrears of quit rents to be collected I found they began to raise a clamour that as Mr. Hammerton resided in South Carolina, all the ready money and bills of this country would be carried thither; in order to take away all pretence for this complaint by the advice of H.M. Council I appointed a Receiver who lives in the province, untill the King's pleasure should be known, some months after this upon Mr. Hammerton's coming into this province I took care to acquaint him with the reasons of my proceeding which however were so far from satisfying him that he immediately join'd himself to those very people who fomented the above mentioned clamour, and who have left nothing undone to prejudice H.M. revenue. At last he had the insolence to fix up an advertisement discharging H.M. subjects from paying their rents as requir'd by me in a proclamation publish'd last April. He took care indeed to fly the province as soon as he had done this, otherwise I should soon have made him sensible of his presumption, but as this mad step of his may have a very bad effect at so critical a time as this, as the people here want only a handle for not paying their rents, and as it is the highest insult to H.M. Government here, if it is not taken notice of in the manner it deserves, I shall really think myself very hardly dealt by, if any servant of the Crown is connived at, when guilty, of so gross an affront, and of obstructing the service of H.M. in so unsettled a colony as this is, it will be impossible ever to bring matters to a happy settlement. I thank God I have no quarrel with anybody in this country upon my own account. If I have any enemies, they are enemies to the just rights and revenues of the Crown, and while they remain such, their friendship shall never be courted by, my lords, etc. Signed, Gab. Johnston. Endorsed, Recd. 10th Oct., Read 14th Oct., 1735. Holograph. 3½ pp. Enclosed,
20. i. Heads of an Act for providing H.M. a rent roll, for securing H.M. quit rents and remission of arrears etc. Same endorsement. 3 pp.
20. ii. Copy of above Bill. Same endorsement. 7¼ pp.
20. iii. Case of the Blank Patents etc. Duplicate of May 25. 9 pp. [C.O. 5, 294. ff. 214–215 v., 216 v.–224 v.)
July 11.
21. Council of Trade and Plantations to the Committee of Privy Council. They have reconsidered their report on the Act of S. Carolina for appropriating £104,775 etc. They have been attended on this occasion by merchants of London, and Mr. Wood in behalf of the merchants of Bristol, who have offer'd their reasons for the repeal of the said law, and by the Agent of S. Carolina in support of the remonstrance of that Province. Continue: Upon the whole, considering the unsettled state of the paper credit in South Carolina, and the inconveniencies that might arise both to the merchant and the planter by diverting the present fund appropriated for sinking the said sum of £104,775 1s. 3¼d. for which orders have been created and issued bearing an interest of 5 p. cent: before another fund should be settled for the same uses which would leave the Province destitute of mony for the encouragement of new settlers or to make good the engagements already contracted with the said Col. Purry for setling a Colony of Swiss and other foreign Protestants in South Carolina, we therefore take leave to propose to your Lordships that the said act should for the present be suffered to lay by probationary; and that an Instruction be forthwith sent to the Governor or Commander in Chief for the time being in South Carolina to move the General Assembly there to pass a new law to provide that the produce of the duties upon strong liquors and negroes imported into that Province, commonly called the Sinking Fund, be in the first place applyed to the encouragemt.and assistance of such foreigners and others being Protestants, as shall go over and settle there; and for applying the overplus of the said duties, if any shall remain after the demands and expences requisite for the service of such new settlers be fully satisfyed, to discharge and sink the old paper bills which subsisted in this Province in February 1723, at which time an Act was passed there entituled An Act for calling in and sinking the paper bills, to which service the said sinking fund was applyed before the passing this Act commonly called the Appropriation Law in August 1731. And that the Assembly do likewise make effectual provision in the new Law for the payment and sinking of such part of the said sum of £104,775 1s. 3¼d. as shall then remain unpaid and extant in the aforesaid orders bearing an interest of 5 p. cent. But, if the Assembly shall refuse to comply with these Instructions, we would then propose that the said Appropriation Act of the 20th of August 1731 may be immediately repealed. In the meantime we take leave to transmit herewith to your Lordships the draught of an Instruction that we have prepared upon these heads for the Commander in Chief of South Carolina, which if your Lordships should approve it may be forthwith transmitted to that Province. Copy,
21. i. Draft of H.M. Additional Instructions to Mr. Broughton. Whereas by the 20th article of our Instructions to Robert Johnson Esq. late Governor of our said Province, he was directed and empower'd to give his assent to some law for suspending the design of a law passed in that Province for calling in and sinking the . . . . . . paper bills for the space of seven years, and for applying the revenue arising thereby for the charge of surveying and laying out townships or to the purchasing of tools, provisions and other necessaries for any poor Protestants that should be desirous to settle in our said Province. And whereas by the act passed in 1731 for appropriating the sum of £104,775 1s. 3¼d. towards the payment of the publick debts in consequence of our said Instruction the whole revenue was not appropriated to the service of new comers as it ought to have been. It is therefore one Will and Pleasure that you endeavour to get a law passed for altering so much of the aforesaid law as is not consistent with the said 20th article of our aforesaid Instructions: And that it be by the said law enacted that during the continuance thereof, after the annual service of the new comers is provided for, any overplus that may remain shall be applyed to the discharge of the old bills of credit, for which purpose the said duties were originally given by the Act for calling in and sinking of paper bills, passed in our said Province in 1723–4: And that provision may be likewise made in the said law, for the payment and sinking of such part of the said sum of £104,775 1s. 3¼d. as shall then remain unpaid. And you are further to signify to our Assembly that unless they immediately comply with what is herein proposed, we shall disapprove the aforesaid Act for appropriating the sum of £104,775 1s. 3¼d. towards the payment of the publick debts, but you are not hereby to understand that we do by this Instruction in any wise give you leave to suspend the design of the sinking fund longer than the duration of the last mention'd law or for continuing the duties for a longer term than that for which they were originally granted by the aforesaid Act of 1723. [C.O. 5, 401. pp. 143–150].
July 11.22. Capt. Coram to the Council of Trade and Plantations. Reply to the Board's enquiries concerning his memorial of 1st May." Imprimis. That for the necessary and speedy settling Nova Scotia and Cat Island strongly with good protestant inhabitants by properly encouraging foreign protestants as well as Britains thereto who may be capable and willing to settle themselves there at their own expence; for as the former being the northern British frontier province on the main of America bordering on the French and many nations of Frenchifyed fearce Indians where the winters are very long and extream severe. And the later being the windermost or most easterly good island of the Bahamas, and lyes greatly exposed to the depredations of the French and Spaniards of Hispaniola and Cuba. Therefore the best encouragements are the more absolutely necessary for those who shall settle and to remain on both those places, the great importance whereof to this Kingdome is best known to yr. Lordships. That for the better and more effectual carrying on and establishing the said necessary and advantageous settlements to good effect, H.M. may be graciously pleased by His royal Letters Patent to appoint and authorize some honble. and experienced persons (some such have already declared their willingness to accept, and to act in, without fee or regard, a trust for that good purpose) together with the principal magistrates of the Cheife city's and towns in Great Britain interested in the fishery and navigation and their proper deputies, to be trustees for the directing and managing the affairs thereof in every respect to the best advantage for the good of the said settlements, without any particular interest or benefit to themselves, and govern the same for such certain time as H.M. shall think fit for the compleating thereof under a proper encouraging civil government to be established by H.M., and to receive and dispose the charitable benefactions of well disposed persons who for that good purpose would contribute librally into the hands of proper persons of known integrity in whome they should be fully satisfyed that such their benefactions would be rightly applyed for the benefit of the poor people whether our own or foreign protestants so to be settled by their charity on the lands to be granted to them, and that their children or posterity whether males or females should enjoy the same after them, without any deprivation; which benefactions, as would doubtless arise under such a trust properly authorized, may amount to sums sufficient to defray the whole expence of settling, planting and fortefying Nova Scotia and Cat Island in a secure and elegant manner without any need of publick money for the same except a sum not exceeding eight or ten thousand pounds at most for transporting the first settlers and furnishing them with food and other proper necessarys at their first beginning, as may more fully appear by the estemate herein after stated. The memorialist humbley conceives that for the proper encouragement of industry and emulation in Nova Scotia and in Cat Island and for inviting industreous protestants to settle there, the petitioners and others who shall settle there, should when and as soon as each man, head of a family, with his children or servants shall have well and fully cultevated in the best manner of housbandry the first hundred acres of land, or so much thereof as shall be fit and proper for cultevation, which shall be laid out and granted to him, exclusive of the King's highwayes, roads and streets which are to be first laid out properly, and marked and recorded, he shall have a second hundred acres of land laid out in like manner and granted to him, and when and so soon as he shall have well and fully cultevated in the best manner his second hundred acres of land laid out and granted to him or so much thereof as shall be fit and proper for cultevation, he shall have a third hundred acres of land laid out and granted to him and so on from time to time as fast as he shall well cultevate the land wch. shall be grant'd to him, and the same to be upheld and maintain'd in the best manner of housbandry until he shall have well cultevated nine hundred acres of the land, if he can, then he shall have a tenth hundred acres of land so laid out and granted to him, but no man whatever to have or to hold more than one thousand acres of land there in the whole, and that no person's land wt. ever shall be laid out nearer than 200 feet of the sea at common high water, or any navigable river or other navigable water, that space of 200 feet being alwayes to remain free and common on the shoars of all navigable waters for the publick use and conveniency of H.M. subjects who shall be settled there. And for encouragement to every such city or town in Great Britain which shall be appointed in the trust as aforesaid, and such incorporated companys as may be willing to promote the trade of this Kingdome they may have, each, granted to them at any place they shall desire in Nova Scotia, a tract of land two miles and half in length and breadth and containing 4000 acres not in possession of any other settlers before they send to receive and settle the same with such persons and families as each city, town or company shall think fit to place thereon for carrying on the fishery or other trade. That no land there may be granted to any but Christian protestants and that all such may at all times enjoy liberty of conscience. That the Quitrents of the land in Nova Scotia may be paid in good merchantable hemp and flax of the growth of the said province fit for the use of H.M. Navy, and that the quitrents of the land in Cat Island may be paid in good merchantable cotten of the growth of the said island and that these commodeties may each pass in current payments at an equitable price in the respective place of its growth for the encouragement of industry. That the civil government which the King shall be pleased to establish in Nova Scotia and Cat Island under the care of the trustees, for such term of years as H.M. may think sufficient for compleating these settlements, may be such that the inhabitants who shall settle there may at all times be effectually secure in their persons and properties, and perfectly free from all arbitrary and detestable useage by Governors, their officers and creatures, who have dare'd to commit and practice such abuses on H.M. subjects in the Plantations as our laws never yet allowed any of our Sovereigns to do in England, especially from the intolerable tyranecal oppressions exercised on H.M. subjects in Nova Scotia, which from the conquest thereof anno 1710 to this time hath prevented any good subjects from settling to remain in that province. Wherefore the memorialist humbley conceives that when the trustees shall send inhabitants to settle in Nova Scotia and Cat Island they should substitute and authorize some fit person or persons of known integrity and reputation to be their deputy or deputys in the said places to direct and make the proper settlements and lay out the portions of land to each settled in the most free and ample manner for their encouragement, and to do such other matters and things as shall be absolutly necessary for the peace, well ordering and establishing the said settlements. That the inhabitants who shall be freeholders in Nova Scotia may annualy elect a proper number of the freeholders to be their representatives or Lower House of their Assembly, which Lower House shall, when duely convene'd by order of the trustees, their substitute or president for the time being, nominate a sufficient number of fit and able men, inhabitants and proprietors of land in the said province to be councelors or assistants to compose an upper House of the said Assembly and also to be of council to the said substitute or president in all matters and things relating to the said province, not to exceed the number of 21 persons for councelors or assistants in the upper House, and propose them to the said president for his approvation, and in case he shall disallow and put his negative on any of them, the House of Representatives shall nominate and propose other sufficient men in their stead to the satisfaction of the said president for composing the Upper House of the Assembly, which Assembly shall have power with the assent of ye president for the time being to make necessary by laws, for the good of the said province, noways repugnant to the Laws of England, and to anull the same when needfull. But the said president shall not preside, debate, vote, nor be present in the Upper House whilst any bill shall be debating on these. The said president to have power to convene, prorogue and desolve the Assembly on all proper occations. The president with the advice and consent of the Council shall annually appoint, and oftener if needfull, judges, sheriffs, justices and other officers of the Council and Courts of Justice, fair and timely notice by summons allways to be first given. The Assembly to erect judicatories to hear and determine all crimes and pleas whatever. Also probats of wills and grant administerations. Also impose necessary taxes on the inhabitants for the securety, defence and services of the said province, to be disposed of by warrant from the said president and the Council, also to name and settle all civil officers as shall be necessary. Appeals to the trustees in some cases. The trustees' substitute or President, with seven or more assistants, to be a Council, due notice to be always given. The said President to command the militia, but no person to be sent or transported out of the Province without their own consent, neither may the Law Marshall be executd on any inhabitant without the consent of the Council. That everything is to be allowed and done in Cat Island after the same manner as near as maybe and in proportion with Nova Scotia. That all trees in Nova Scotia fit for masts for H.M. Navy may be preserved for that use. All mines and mineralls which shall happen in the land granted to any inhabitant shall be his or her property and that all hunting, fishing and fowling of every sort and kind to be free to them and their posterity. The memorialist further most humbly conceives that by effectually encouraging the proper making and establishing these necessary settlements, may in great measure be a means to preserve H.M. in the masterdome of the sea, for that as the French are very strongly fortifyed at Cape Briton and consequently very numerous there and having all the nations of Indians round about them in their intrest and possession, it is much to be apprehendd that even in time of peace they will intercept the British Codd-fishing on the coasts of Nova Scotia, and in case of a rupture with France, that whole province will without doubt be utterly lost for want of good and faithfull inhabitants. And as the French have already beat us clear out of the indigo trade, and have unexpectedly disabled and overtoped us in the suger trade, they want only a great and extend'd navigation to establish a maritime force equal to any of their neighbours, and as the most compendious way thereto is to beat us out of the codd-fishing: if ever that should happen, it would be the greatest blow that ever was given to the British navigation, for we must necessarily decline as they advance, which may in a very few years be attended with most fatal consequences to Great Britain. Wherefore, if H.M. shall be pleasd to think the memorialist a proper person to execute any commands for accomplishing these important settlements as above proposed, he will be ready to render his best services therein etc. Signed, Thomas Coram. Endorsed, Recd., Read 15 July, 1735. 6 pp. Enclosed,
22. i. An estimate of the necessary charge and expence of transporting one hundred men and their families, supposing two thirds of their number to have each a wife and 3 children, apprentices or servants one with the other being 366 persons in all (beside 34 young children in their mother's arms) from London to Nova Scotia and settling them there and furnishing them with necessary tools and utensils, and materialls for building their hutts, and cleaning, cultevating and planting the land, and for subsisting them one year after their arrival there.
For victuals in their passage thither to be reckoned not less than three months from their embarkation to their landing, and for cask of all sorts to put the provissions and fresh water in, and for coals or other fuel to dress their victuals during their voyage, and for the hire or freight of shipping for their passage of 366 grown persons (beside the 34 young children) for them and their luggage at £4 0s. 0d. each head 146400
For victuals to supply them one year after their arrival in Nova Scotia, the greatest part of it to be carryd from England, computd at 6½d. p. diem for each person except the said 34 young children 361813
For cask &c. for those provissions wh. are to be carryd from England 9000
For bedding for their voyage and after in the Plantations and a great warm coat for each man, and other garments for the women at 20s. for each person 36600
Moreover it will be absolutely necessary for H.M. service and for the well begining, security, defence, use and prosperity of the Plantations to take from England with the Colonys some things hereafter mentioned viz :— Great gunns, small arms, amunition, tents, &c, &c, &c, axes, saws, hoes, spades, shovels, scyths, ox-yoaks and bows, logg chains, with other housbandry tools and necessaries, handmills for corn and mault, bricks, tyles and fire-stone for ovens, some necessary tools for carpenters, masons, bricklayers, brick makers, wheelwrights, coopers, shoemakers, taylers, tanners, paveors and some other usefull tools. A smith's forge and sea coales, some bar iron flat and square and some steel, locks, hinges and nailes of proper sorts, and other necessary iron work, also iron potts and kettles, some copper, brass, pewter, and tinn work, some earthen ware, grind stones, lanthornes and glasses, a little glass and lead for small windows, and some other lead for necessary uses, handjack screws, cologn and other millstones, scales and weights, measures wet and dry, some ropes, lines, and tarpaulins and fishing tackle for fishing boats, medicines, druggs and salves, surgeon's instruments, some good seeds, plants and roots of the most usefull sorts, church books and a little decent church furniture and children's books, a small church clock and bell, two sun dyals for the proper latitudes, some perticuler sorts of blankets and other proper presents for the Indians, the whole of this by computation may be purchased for about £2000.
Some other necessays proper to be had from New England on their arrival in Nova Scotia vizt.—
Sixty thousand feet of pine boards for building hutts and one or more store houses at 25s. sterling p. thousand feet7500
For 25 cows and 3 bulls at 55s. each7700
For 20 yoak or paire of working oxen for drawing timber, timber loggs, stones, earth &c. for building fortifications and for other unavoydable occations in a new plantation at £6 10s each pair or yoak of oxen13000
For 50 swine at 14s. each3500
For 60 goats at 5s. each1500
For 50 dozen of geese, ducks and other poultry at 6s p. doz. one with the other1500
For necessary food to keepe these cattle wth. the first winter .. .. ..10000
The part of the boards, cattle &c. carryd from the main land to Cat Island, will cost more than those carryd to Nova Scotia which is much nearer, and, as seamen's wages is of late become much greater, so the transporting the inhabitants from hence will cost something more. And also as there may be divers unforeseen necessary charges and expences arise, not herein mention'd, yet I humbly conceive the whole may be compleatly done and performd for less than ten thousand pounds. Signed, Thomas Coram. [C.O. 217, 7. ff. 117—120 v., 121 v.].
July 13.
23. James Dillon to the King. I, ye subscriber of these few lines, am obliged through conscience and loyalty to give your majesties to understand there is a most cruel and barbarous plot designed against your most Sacred Persons and all your Royal Issue, but I hope God of His infinite goodness will frustrate all their wicked intentions and continue your majestie's throne in this world with a long life and a happy and peacable reign that you may vanquish and overcome all your enemies. I was drawn into this conspiracy and was persuaided to transport my self into this country for fear of a discovery made by me supposing me to be easely perswaided and I thank God that I was not snatcht away in my sin that I should be guilty of conceiling ye destroyers of ye Lord's anointed, but it is easily prevented if your majesties will send an order for your majestie's servant to come home then your servant will make a full discovery of all, hopeing your servant will enjoy your majestie's most gracious pardon and it as been contriveing some time and ye time of acting of this diabolical tragedie will not be expired yet for some time longer, therefore your servant is ready at your majestie's call and ever will remain your majestie's loyal subject unto death.
P.S.—I am to be found at George Purrice on ye long branch of Rappahannock river in Spotsylvania Country. Signed, James Dillon. Holograph. Addressed. 1 p. [C.O. 5, 1337. ff. 177, 178].
July 14.
24. Governor Belcher to the Duke of Newcastle. In May last I reciev'd H.M. Additional Instruction, dated Nov. 30, 1733, appointing Mr. Peagram Councillor extraordinary in New Hampshire etc. This order has been a year and a half getting to my hands etc. Encloses journal of Assembly of the Massachusetts Bay to the close of their last sitting. Continues: And as a further incouragement for the raising of hemp, they have given a liberty to the inhabitants, for paying their taxes the two next successive years in that commodity, and the country in general seems much inclined to go upon raising it. I could therefore humbly hope for your Grace's favour, that the people may recieve H.M. bounty in the hemp seed I have mentioned etc. (v. June 28). Signed, J. Belcher. Endorsed, R. 13th Sept. 3 pp. [C.O. 5, 899. ff. 173–174 v.].
July 14.
25. Mr. Popple to John Willes, Attorney General. Encloses proposals for a bill for the better peopling and settling of Jamaica as July 9th. Concludes: My Lords desire you will consider the same and give their Lordships an opportunity of conferring with you at this office thereupon on Wednesday morning next at half an hour past eleven. Annexed,
25. i. Heads of bill referred to in preceding. [C.O. 138, 18. pp. 32–34].