America and West Indies
August 1735, 16-31

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Institute of Historical Research

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1953

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43-49

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'America and West Indies: August 1735, 16-31', Calendar of State Papers Colonial, America and West Indies, Volume 42: 1735-1736 (1953), pp. 43-49. URL: http://www.british-history.ac.uk/report.aspx?compid=72828 Date accessed: 28 November 2014.


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August 1735, 16-31

Aug. 16.
Custom House.
London.
72. H.M. Commissioners of Customs to the Lords Commrs. for Trade and Plantations. We have the favour of your letter of the 13th instant in relation to packetts directed for your Lordships which may be brought to the Custom house warehouse from the Plantations, and take leave to acquaint you, that the warehouse keeper has had constant orders to give your Secretary notice when any packets or parcels are brought into the warehouse directed to your Lordships, and having repeated those orders, we hope you will have no further occasion to complain. Signed, Charles Peers, B. Fairfax, R. Corbet, Robt. Baylis. Endorsed, Recd. Read 20th Aug. 1735. 1 p. [C.O. 323, 10. ff. 28, 29 v].
Aug. 16.
Jamaica,
Spanish Town.
73. President Ayscough to the Duke of Newcastle. I did myself the honour, in a letter of the 22nd of June last, to acquaint your Grace that the rebells abandon'd the settlements to Leeward on their hearing that our parties were marching towards them, where they surprized a serjeant and fifteen men, and there left their ammunition, launces, cutlasses, and all their provisions. Since that a party had the good fortune to come up with them and routed, and killed two, wounded three, took four guns, (formerly belonging to the soldiers in Colonel Hay's regiment) seventeen cutlasses and their provisions, and obliged them to run away into the woods, where they have taken their shelter, and have not since been heard of. Another party from the north side, of the Island, fitted out by Colonel Ely, the Coll' of that regiment, have since attack'd the same body of the rebells, killed a considerable number of them and took two alive, who shew'd them the place where they were buried, amounting to fourteen in number; since that a sensible woman was taken who gives an account, that she was with the rebells at that time, and that above thirty were killed, and among their slain was a captain, the particulars, I have enclosed to your Grace, another rebell was also found in the woods, who was discovered to be one of their Obia men or conjurers, and has since been tried and executed; during this last martial law we have kill'd wounded and taken in all about fifty, according to these and other acts. By this opportunity I have sent to the Lords Commissioners for Trade etc. the duplicates of the Laws passed this last session, that for building of barracks is already put in execution, and the surveyers sent all about the Island to lay out the ground, cut the roads, and open a communication from one barrack to another, this being the only expedient, that we can find out to distress and destroy the rebells. The three months for which martial law was continued are now expired. Signed, J. Ayscough. Endorsed, R. 15th Nov. 2 pp. [C.O. 205, 206, 206 v.].
Aug. 16.
Jamaica,
Spanish Town.
74. President Ayscough to the Council of Trade and Plantations. Duplicate of preceding, mutatis mutandis. Signed, J. Ayscough. Endorsed, Recd. 17th Nov., Read 11th Dec, 1735. 2 pp. [C.O. 137, 22. ff. 12–13 v.].
Aug. 18.
Kensington.
75. Her Majesty's Warrant granting William Dandridge, Member of Council of Virginia, leave of absence for 12 months longer. Countersigned, Holles Newcastle. Copy. [C.O. 324, 36. pp. 523, 524].
Aug. 18.
Kensington.
76. Warrant by the Queen, Guardian of the Kingdom etc., granting leave of absence on his private affiairs for twelve months longer to William Dandridge, Councillor of Virginia. Countersigned, Holles Newcastle. Copy. [C.O. 324, 50. pp. 85, 86].
Aug. 19.
Boston.
77. Governor Belcher to the Duke of Newcastle. Since I had last the honour of addressing your Grace, nothing very material has occurr'd in this or my other Government, respecting H.M. service; and this is only to acquaint your Grace, that by the desire of several tribes of Indians near the western borders of this Province, as well as at the request of this Assembly, I set forward to-morrow on a journey of about 140 miles to meet the said Indians, in order to bring them into a better subjection to the Crown of Great Britain, and into a stricter friendship with H.M. subjects of this Province and New Hampshire, which I hope may tend to the growth and enlargement of these parts of the King's Dominions etc. Will send a particular account on his return in about three weeks. Signed, J. Belcher. Endorsed, R. 24th Novr. 2 pp. [C.O. 5, 899. ff. 175, 175 v., 176 v.].
Aug. 20.
Whitehall.
78. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, 15 acts of Jamaica, 1734–1735. [C.O. 138, 18. p. 48].
Aug. 20.
New
Providence.
79. Governor Fitzwilliam to the Council of Trade and Plantations. There has not anything happened here worthy of your Lordships' notice, since my letter of 11th March etc. This only serves to enclose a deposition by Samuel Lawford etc. (End. i), whereby your Lordships will observe our situation in this part of the world with respect to the Spaniards, who daily take our vessels, whereof I could give you many instances since I have been here, but as those plundered and taken by them belong to other colonys, I do not think it proper for me to enter into particulars concerning them, so that I shall take leave only to assure you that what is set forth in this protest may be depended on as fact; your Lordships may be likewise assured that this vessel was not intended to touch upon any part of the Spanish coast, nor were there any goods whatsoever on board her, that could induce the master thereto. This poor man who has a wife and family to maintain, is almost distracted, having lost the last shilling he had in the world by this unlucky accident, therefore he resolved to fly home to H.M. and the Parliament for redress, but I have after long persuasions prevail'd upon him first to take my letter to the Governor of Maracaybo, and to go thither to endeavour to get his sloop again, which I think impossible for him, the Governor, with the least colour of justice, to condemn, since there was not even one piece of eight on board her. P.S.—I have by the same conveyance that this goes to the Continent for a passage home, wrote to the Duke of Newcastle concerning this affair. The value of the sloop and cargo was at least £1300 sterl., etc. Will transmit Council journals, lists of shipping and Treasurer's accounts by next opportunity etc. Signed, Rd. Fitzwilliam. Endorsed, Recd. 12th April, Read 25th June, 1726. (Duplicate, original not reed.) 1 ½ pp. [C.O. 23, 3. ff. 138, 138 v., 139v.].
Aug. 21.
Westminster.
80. Privy Seal directing payment of salaries to the Commissioners and under officers in the Commission for Trade and Plantations. Copy. Endorsed, Recd. Nov. —, Read 28th Nov. 1735. 4 pp. [C.O. 388. 80. ff. 144—145 v., 146 v.].
Aug. 23.
Whitehall.
81. Mr. Popple to Mr. Attorney General. I send you by orders of my Lords Commissioners for Trade and Plantations, a scheme for erecting a sort of a bank at Boston in the Massachusetts Bay for circulating cash notes. Their Lordships desire you will consider thereof, and let them have your opinion in point of law, how far the same is legal. If you should be of opinion that it is not so; I am then to desire your further opinion, what will be the proper method to put a stop thereto. My Lords Commissioners being desirous of talking with you upon this subject, when you have considered the same, their Lordps. will appoint any day that will be most convenient for you, upon your giving me notice thereof. To save time I have sent you the original scheme, and therefore I must desire you will please to return it again when you make your report thereon. [C.O. 5, 917. p.129]
Aug. 26.
Whitehall.
82. Council of Trade and Plantations to the Committee of Privy Council. We have considered the memorial of Jonathan Belcher junr. in behalf of his father Jonathan Belcher Esq., H.M. Governor of the Massachusetts Bay in New England, humbly praying, for the reasons therein contained, that Her Majesty would be graciously pleased to permit the said Governor to give his assent to a bill passed by the Assembly of that Province on the seventh day of June last; for granting to H.M. the sum of three thousand pounds in bills of credit, to be paid to the said Governor for his support, from which he is at present restrained by the 27th Article of his Instructions; and that Her Majesty would be likewise pleased to grant the said Governor a General licence for receiving his support for the future as it may be raised from time to time by the Assembly, provided the sum does not fall below the sums granted him by former Assemblies ever since the appointment of H.M. said Governor. Upon this occasion we have revised the 27th Article of H.M. Instructions to His Governor of New England, and having considered all that hath passed from time to time upon this subject, we take leave to acquaint your Lordships, that whilst the said 27th Article of the Governor's Instructions subsists we cannot be of opinion that Her Majesty should be advised any longer to permit Mr. Belcher to give his assent to the above mentioned bill passed by the Assembly of the Massachusetts Bay on the 7th day of June last; and much less to grant him a general licence to receive his support as it may be raised from time to time by the Assembly, in the manner set forth in this memorial. But we are humbly of opinion that the said 27th article of the Governor's Instructions should be repealed, because we apprehend it cannot be supported by any construction of the words in the Charter granted to the Massachusetts Bay; If your Lordships shall be of this opinion, we have then no objection why Her Majesty may not be graciously pleased to allow Mr. Belcher to pass this Annual Act, and to grant him the genl. licence he has petition'd for. But we think it would be much more for H.M. service as well as for the honour and dignity of his Govt. in that Province of H.M. should be pleased to settle a fixed salary of £1000 p. annum upon the Governor for the time being, payable out of some of H.M. Plantation Revenues, or in such manner as H.M. shall think fit, by which means the Governor will become entirely independant of the people, and no longer laid under any temptation of giveing up the Prerogative of the Crown, or sacrificeing the interest of Great Britain to any private advantage. [C.O. 5, 917. pp. 130—132].
Aug. 26.
Admiralty
Office.
83. Mr. Burchett to Mr. Popple. Inclosed I send you a copy of a letter of marque, as also of the instructions given to such persons who receive letters of marque, which you will please to communicate to the Lords Commissioners of Trade. Signed, J. Burchett. Endorsed, Recd. 28th Aug., Read 3rd Sept., 1735. ½ p. Enclosed,
83. i. A letter of marque or Commission for a private man of war against Spain etc. Jan. 1719. Endorsed, Recd. 28th Aug. 1735. Copy. 4 ¾ pp.
83. ii. Instructions for holders of letters of marque etc. Jan. 1719. Copy. 10 ¼ pp. [C.O. 323, 10. ff. 31, 32–33, 35 v.–41 v.]
Aug. 27.
Whitehall.
84. Council of Trade and Plantations to the Committee of the Privy Council. In reply to 14th instant referring to the Board an address from Jamaica for military stores, refer to their report of 12th June last, "which contains all that we could now offer to your Lordships upon the present address." [C.O. 138, 18. p. 49].
Aug. 27.
Whitehall.
85. Council of Trade and Plantations to the Queen, Guardian of the Kingdom and H.M. Lieut, within the same. We have received a letter from Mr. Belcher, H.M. Governor of the Province of the Massachusetts Bay, dated the 9th of January last, wherein he informs us, that the Assembly of that Province have, upon his repeated recommendations, voted a supply of a considerable sum of money for the repair of Castle William, and the addition of new works to that fortress: but as there is no engineer in this Province capable of making fortifications, he desires that Majr. Paul Mascarene, a Captain in Coll. Philipps's regiment, now in Garrison at Annapolis Royal in Nova Scotia, who was employed by the officer of Ordnance as Engineer in Nova Scotia, for eight years together whilst the fortifications were repairing in that Province, may now be sent to repaire H.M. fortifications in the Province of the Massachusetts Bay; whereupon, considering the necessity and importance of this service, we humbly take leave to propose that Major Mascarene may have leave to be absent from his regiment for eighteen months, without prejudice to his rank or pay in the said regiment, and that he may receive proper directions from the Office of Ordnance to attend the service of H.M. fortifications in the Province of the Massachusetts Bay during that time. [C.O. 5, 917. pp. 133, 134].
Aug. 28.
Whitehall.
86. Council of Trade and Plantations to the Queen, Guardian of the Kingdom etc. We have received a letter from Col. Cosby, H.M. Governor of the Province of New York, dated the 6th of Dec. last, in which he complains of the factious disaffected and illegal behaviour of Mr. James Alexander, a Member of H.M. Councils in New York and New Jersey, Lewis Morris late Chief Justice in the Province of New York, and a member of H.M. Council in New Jersey, and Rip Van Dam Esq. late Commander in Chief and President of the Council at New York, which complaints are supported by several papers printed at New York and by a report of H.M. Council there, transmitted to us upon this occasion by Col. Cosby. Colo. Cosby acquaints us in his letter, that the said Alexander and his party have set up a printing Press at New York, where the most virulent libels and most abusive pamphlets, published against the Ministry and other persons of honour in England, have been reprinted, with such alterations as serve to inflame the people against the several branches of the Legislature, and the administration in that Province. That factious cabals are secretly held several times a week in New York at which Alexander is always present, as Morris was before his coming privately to England. That a black and malicious attempt hath been made by the said Alexander against Mr. Harrison, a member of H.M. Council at New York, and a person of known loyalty, by charging him with a capital crime, of which he hath been fully acquitted by a Committee of H.M. Council and by the Grand Jury in that Province, who refused to find the bill against him, upon the affidavits of the said Alexander, and one Smith, who acted in concert with him upon that occasion. That the said Morris, whilst President of the Council in the Province of New Jersey, acted in the most arbitrary manner, having turn'd out several loyal old servants and officers without consent of the said Council, in contempt of H.M. Instructions, to make way for his near relations; that he had sat and acted as Chancellour, and made a decree without giving regular notice, or hearing the parties concerned, and that nevertheless he hath loudly declaimed, both in New York and New Jersey, against H.M. Govemours who have sat as Chancellors, affirming publickly that no decrees of the Chancery or any other Court of Equity were binding on the subject, and that H.M. had no right to establish any such Court in those Provinces. Col. Cosby further acquaints us that Rip Van Dam, Morris, Alexander and others of their party, appear by their behaviour to be disaffected to H.M. Government, and are dayly exciting the people to sedition and riot; for which reasons we take leave humbly to propose to your Majesty, that the said Van Dam may be deprived of his seat in H.M. Council of New York, the said Morris of his seat in the Council of New Jersey, and the said Alexander of his seats in both those Councils, and that John Moor and Paul Richards Esqyre. may be appointed of H.M. Council in New York, in the room of Rip Van Dam and James Alexander; and that Robert Lettice Hooper, Chief Justice of the Province of New Jersey, and Joseph Warrell Esqrs. may be appointed of the Council in New Jersey, in the room of the aforesaid Lewis Morris and James Alexander, the said John Moor, Paul Richards, Robert Lettice Hooper and Joseph Warrell Esqrs. having been recommended to as as persons every way qualified to serve H.M. in those stations. [C.O. 5, 1126. pp. 12–15].