America and West Indies
May 1736, 1-15

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Institute of Historical Research

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1953

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196-207

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'America and West Indies: May 1736, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 42: 1735-1736 (1953), pp. 196-207. URL: http://www.british-history.ac.uk/report.aspx?compid=72844 Date accessed: 17 September 2014.


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Contents

May 1736, 1-15

May 3.
Now York.
298. President Clarke to the Duke of Newcastle. After Governor Cosby's death I adjourned the Assembly with the advice of the Council from the last tuesday in March to the last tuesday in April, as the season of the year would not sooner admit of their meeting, and then for two days more there not being a majority in town, but on that last day to which I adjourned them, the members in town (being fifteen of the twenty seven which compose the whole house) met, and haveing been severally served by Mr. Van Dam with a copy of his protest against me, and all that assist me (which I did myself the honor to send to your Grace the sixteenth of March) and with it a letter, which I now inclose, young Morris, Coll. Morris's son, a member of the House desired he might be heard before the Speaker took the Chair, and made an harangue to the like effect as Van Dam's letter, and then pul'd out of his pocket and read and offered it to the members to sign it, a declaration which was printed the next day with Van Dam's letter, and which I do myself likewise the honor to inclose, but tho the members then present would not sign it, yet they went away without makeing an House, and are so much intimidated that I doubt they will not sit till H.M. pleasure be signifyed on Van Dam's suspension. Tho the letter, my Lord, be in Van Dam's name and signed by him, he is to be considered as a weak old man given up to the management of Mr. Alexander, one of the Council, and to young Morris in his father's absence, being perhaps ignorant of the tendency of these things that are done in his name, I will not presume to speak my thoughts of them to your Grace, who can at one view see clearly into the design and consequences that must ensue if a check be not speedily put to them; but this I am bold to say that, if H.M. will be pleased to signify his approbation of Van Dam's suspension, to remove Alexander from the Council, and to confirm Mr. De Lancey in the Chief Justiceship, the Assembly will then sit and act as becomes them, the spirit of faction will dye and the province enjoy its former quiet, for it is only the hope of seeing Van Dam and Morris restored and Alexander continued in his seat at the Council Board that keeps the mob on their side in expectation of favours. I humbly implore your Grace to take me into your protection to put it out of Van Dam's power to ruin me, as he will certainly attempt to do if he be restored, and to keep H.M. best subjects, who are the most eminent and considerable men in the province from falling under the power and resentment of the implacable enemies of the Government who in truth are in gross the meanest of the people. There is nothing of such immediate necessity for the Assembly's sitting but what may be done by them in the fall, and by that time I presume to hope I shall have the honor to receive from your Grace the signification of H.M. pleasure: in the meanwhile I will keep them on foot by short adjournments, preserve the peace of the province and act with the utmost moderation in all things. I shall be obliged my Lord to live at a very great expence not only to support the honor and dignity of the Government but to incourage and countenance all that are faithfull to it, I shall have few or no opportunities as others have had to make any money, because of the opposition that Van Dam gives me. I presume therefore to hope from your Grace's goodness and protection that H.M. will give me the whole salary, which will be no injury to a Governor, he not being intituled to any but from his arrival here, and Mr. Van Dam after Coll. Montgomerie's death took it without the King's warrant. If upon the confirmation of Van Dam's suspension, the removeal of Alexander from the Council Board and the confirming Mr. De Lancey in the Chief Justiceship, I have the good fortune, as I am confident I shall, to reclaim the people to their duty and to heal their divisions, I likewise presume to hope that H.M. will be graciously pleased to continue me for some time longer in the administration of the Government that 1 may not leave it poorer than I entered on it, if your Grace will be pleased to give me your protection. I do myself the honor to inclose to your Grace a letter from Mr. Philipse, Speaker of the Assembly to me covering Mr. Van Dam's to him, this is the last and great effort of the faction, in every other part of my administration I assure your Grace I am easy, a majority of the Council being with me in all things wherein their advice or consent is necessary and the province in general easy under it, and busines goes on as usual, etc. I do myself the honor to inclose to yr. Grace some proofs of Mr. Alexander absenting himself from Council. Signed, Geo. Clarke. Endorsed, R. July 6th. 4 pp. Enclosed,
298. i. Col. Philipse to President Clarke. April 30, 1736. As I was yesterday going to the Assembly Chamber, I mett in the City Hall a servant of Mr. Rip Van Dam, who told me Mr. Rip Van Dam had sent that packett to me, and then delivered into my hands the inclosed letter signed by Mr. Rip Van Dam, as likewise his protest; when I came into the Assembly Chamber I found some of my brethren there, and presently after we were fourteen members (being the majority of the whole house) some one of us then said Are we not enough to make a house ? whereupon Coll. Morris junr. desired to say something previous to the Speaker's taking the chair; he immediately read a paper (I think he called it a speech) and then read another which he called a declaration. Having read the same, he asked the members to sign it etc. I believe nobody did, for I have this day seen a declaration in print to ye same purpose without any name subscribed thereto etc. Signed, Fred. Philipse. 1½ pp.
298. ii. Letter from Rip Van Dam Esq. to the Members of the Assembly. New York, April 26th, 1736. Recounts claim to the Administration (v. 11th March), to which if Mr. Clarke has not the right, it is a high crime in him to have taken it upon him etc. Warns them against meeting and acting as members of the Legislature if it should appear that the authority of Clarke, by virtue of which they do it, was not good. The General Assembly, which stood adjourned to the last Tuesday of March, Clarke did not suffer to meet, but under colour of the authority assumed by him, adjourned them to a farther day, "whereby for want of an adjournment or prorgation by a lawful authority, on the said last Tuesday of March, the said late General Assembly, as I conceive, immediately after the said day, became dissolved," etc. If the General Assembly had met on the said last Tuesday of March, which by lawful authority they might have done and adjourned themselves from time to time, I intended to have laid my claim etc. before them for their examination, etc.; but now, that Assembly having no existence, unless Mr. Clarke's right be good, their very taking upon them to enter into the examination of Mr. Clarke's right or mine, or doing any other act as a body, is of itself determining the point against me, and should I submit my right to their examination, it would be an acknowledgment of his right to adjourn them, and consequently to take upon him the administration. Exhorts them to do what is most honourable and safe for their own persons and estates, and for their country and posterity, etc. Signed, Rip Van Dam. Printed. 1½ pp.
298. iii. Declaration read by Lewis Morris jr., at a meeting of sundry members of the Assembly of New York, "that stood adjourned, by their own adjournment to the last Tuesday of March last." April 29, 1736. Fifteen members present. The document (which was not signed) declares their agreement with Rip Van Dam's argument (No. ii). The Council, it suggests, having sworn George Clarke into the administration without giving Rip Van Dam any opportunity to be heard to his claim; and the Assembly having been adjourned by Clarke, and therefore dissolved, if he had no right to do so; and the opportunity of examining Van Dam's right being thus lost, except by the verdict of a jury; they think that, if Clarke is adjudged to have been in the wrong, he and those who aid and abet him may be held guilty of one of the highest crimes. If, therefore, they meet as members of a General Assembly, it is not possible for them to know but that they are criminal for so doing. They cannot therefore be under any obligation to act so. Concludes:—We are not so fond of our seats in the Assembly, as to desire to retain them at the hazard of our lives, the risque of our estates, and the ruin of our families, especially considering how ardently and universally our country has for some years desired a new election of their Representatives etc. Refuse therefore to act as Members of the Legislature, till by a legal and sufficient authority it be determined that George Clarke had the right to take the administration upon him, and consequently to make the adjournment aforesaid etc. Upon which Declaration a very great majority withdrew, resolving not to act. No Signatures. Printed. 2 pp. Copy. Signed and sealed by, the Mayor of New York, Paul Richard.
298. iv. Adolph Philipse, Speaker of Assembly, to George Clarke. 29th April, 1736. Received letter and protest from Rip Van Dam, as No. i, which lie opened in the Assembly Chamber. Continues: After some stay there, only twelve members appeared, and it being reckoned up that there were three more in town, the Doorkeeper was sent for them. And before the last of them came in, it was asked whether we were not a number sufficient to make a House. Upon which Collo. Lewis Morris, junr. (Member for the burrough of Westchester) replyed We are, but beggd leave to say something first: and pulling two papers out of his pocket, he read, first a pretty long speech, tending to perswade the members, that they could not legaly sitt or act; and then a long Declaration to that purpose which he proposed they should sign. I gave some reasons why I conceived we had as good a right to act now, as ever the Assembly had upon any adjournment heretofore; and declared my resolution not to sign such a Declaration as Collo. Morris proposed; who thereupon said he would sign it, tho all the other members declin'd it. Soon after which some members withdrew, and, others following, no House could be made etc. Signed, A. Philipse. 2½ pp.
298. v, vi. Duplicates of No. ii.
298. vii. Duplicate of No. iii.
298. viii. Deposition by Frederick Morrice. 3rd May, 1736. Since the death of Governor Cosby 9 Councils have been held at Fort George. James Alexander was not present at any one except on the 10th March. Signed, Fred. Morice. ¾ p.
298. ix. Deposition of Jeffery Cox, Deputy Door Keeper and Messenger of the Council. May 3, 1736. Deponent summoned Alexander to above Councils, and left notices for him at his house etc. Signed, Jeffery Cox. 1 p. [C.O. 5, 1093. ff. 388–389 v., 390 v., 391 v., 393–396, 398, 399–401, 402].
May 5.299. Sir Wm. Keith to the Council of Trade and Plantations. It was in Sepr. last twelve months that I had the honr. to make my humble application to your Grace to favour my being appointed H.M. Lt. Governour of New Jersey in America. But your Grace declining at that time to approve of separating the Government of that small province from New York, dureing Mr. Cosby's administration, I reddily desisted from further solicitation etc. The certain accounts of Mr. Cosby's death gives me room with great humility to renew my former application to yr. Grace, and as it is a thing which His Majtie did formerly approve of, I humbly hope your Grace will be so good, in regard to my diligent application heretofore in the public service, and my long attendance at London out of bussiness, to favour me with your countenance on this occasion, presuming that my capacity and character will be certified to your Grace by Sir Robert Walpole, the Duke of Montague and Sir Charles Wagers etc. Signed, W. Keith. Holograph. 2 pp. Enclosed,
299. i. William Skinner to [? Sir W. Keith] Amboy., March 15, 1735/6. Refers to letter via Antigua. Continues:— Coll. Cosby died the tenth of this instant, worried out of his life by a sett of men, whose names it is needless to mention ; and it is well if their malice is ended with his death. For if they employ'd a Press merely to throw all the dirt they could devise, even while the gentleman was upon a death bed, and that for three moneths at least, and his life every day despaired of; if the melancholy abodings of his distress'd family and the tears of his Lady could not then prevail with ym. to be better natured, it is in vain to think they will forbear to be outragious still, if it is in their power so to be. But be that as it will, the Province of New Jersey is resolved to apply for a separate Governour. The Council is to meet in two or three daies time, and the Assembly will be called together as soon as possible; but to gain time, you will, pr. first, have recommended to your care the Council's Memorial expressing the sense of the people, and soon after you will hear from the Assembly, whose thoughts (I dare say) will be the same; for the whole Province is bent upon having a separate Governour, and they say will support him as becomes his character. I believe they are in good earnest, but to render the support effectual and them a happy people, much will depend upon the address and capacity of the first Governour that is appointed, for if he can but render himself acceptable to the people, everything will be in his power. I heartily wish you may have sufficient interest with your Royal Master and those great men about his throne to obtain this Govrmt., for yourself, for the cry, yea the prayer here is, May it be His Majesty's pleasure to send us Sir Wm. Keith for our Governour etc. Signed, Will Skinner. 1½ pp. [C.O. 5, 983. ff. 60–61 v.].
May 7.
Whitehall.
300. Duke of Newcastle to the Council of Trade and Plantations. Encloses following for their report upon the state of the case and what may be proper to be done thereupon. Signed, Holles Newcastle. Endorsed, Recd., 12th, Read 13th May, 1736. 1 p. Enclosed,
300. i. Mr. Shirley to the Duke of Newcastle. Boston, March 1, 1735/6. The person who has the honour to deliver this into your Grace's hands is the Chief Sachem of the Mohegan Indians, who are a considerable tribe adjoining H.M. Colony of Connecticut in New England : He comes to England in order to lay before H.M. a complaint against the Government of that Colony for unjustly depriving his tribe of their hunting and planting lands upon which they wholly subsist. The same complaint was made by his grandfather Owenecoe to her late Majesty, Queen Anne, who was pleased to issue out her Commission under the Great Seal of England directed to Governor Dudley and others to enquire into and determine the complt., and a Court was accordingly held, the unanimous judgment of which was, that the Indians were unjustly deprived of their lands, and orders were issued out to the Govr. and Company of the Colony of Connecticut pursuant to the Queen's Commission, to restore the Indians to the possession of their lands; but the same have not been complyed with, and the Indians have not only been amused with fruitless promises, but further encroachments have been made upon them, insomuch that they can't subsist themselves upon the lands now left them; and they are in danger of falling off from the English, to which your Grace will perceive by the inclosed, which is a copy of what the bearer designs to present to H.M.; they have ever been faithfull friends and allies in all their wars with the French and Indians, which would be of mischievous consequence to H.M. settlements here in time of war etc. Recommends the bearer and his case to his Grace's patronage etc. Continues:—The gentleman who has likewise the honour to wait upon your Grace with the Sachem was appointed Guardian of the Mohegan Indians by her late Majesty's Court of Commissioners at the request of the Indians. His grandfather and father before him had the same trust reposed in them by the Indians and confirmed to them by the General Assembly of the Colony: he bears an exceeding good character, and has supported the Indians with large sums of money against the unjust proceedings of the Colony of Connecticut; and it is solely at his expence that the Indian Sachem and his companion are transported to England, which seemed necessary to him to be done in order for their obtaining justice, tho' the maintenance of them there will be more than his circumstances will bear etc. Signed, Wm. Shirley. Copy. 3 pp. Enclosed,
300. ii. Petition of the Chief Sachem of the Mohegan Indians to the King. May it please your Majesty to permit your vassell Mahomet, Chief Sachem of the Moheagan Indians to approach the Throne, imploring your Royal Protection against the injuries and wrongs, which he and his people suffer from your Majesty's subjects of the Colony of Connecticutt in New England; vouchsafe him your Gracious ear whilst he informs your Majesty that upon the first arrival of the English in his Ancestor's Territories in the time of your Majesty's Royal Predecessor King Charles the First; His Great Grandfather Unchas, a Sachem of warlike and famous memory both among the English and Indians, received and entertained them with the highest terms of hospitality and friendship, freely affording them large tracts of land for their new Settlements. That soon after yt. seating themselves there the Pequot Indians, then the most potent and formidable of all the tribes in those parts, viewing the English with a jealous and evil eye and being flushed with the murder of some of their men, and much superior to them in number and strength form'd a design and confederacy, into which they strongly invited the Moheagan and Narrowgansett Indians to cutt of the Infant Colony; in this dangerous crisis your Petitioner's Ancestor brought over his tribe to the timely assistance of the English, who under the conduct of the most renown'd soldier Major John Mason, with Sachem Unchas for their guide, surpriz'd and destroyed seven hundred of the enemy in one of their Forts, and after severall engagements with them utterly extirpated their whole tribe, to the establishment of the English Colony. For these good services to the English Sachem Unchas and his people were look'd upon as a common enemy by the neighbouring Indian tribes, who combined together against them, closely beseiged them in their Forts, and had utterly destroyed their Tribe, had not their brave and faithfull friend Major Mason with his men assisted them and rescued them. That soon afterwards Sachem Unchas entred into a firm league of Alliance with the English, with whom he and his descendants, and his whole Tribe have ever inviolably kept faith, constantly assisting them in their wars against the French and Indians with a hundred and fifty fighting men, and sometimes a far superiour number, doing them many signall services, and from time to time making them free gifts and grants for small considerations, of severall tracts of their land, by which the Government of Connecticut now holds twenty-one of their towns, being the greatest part of their Colony. This league was renewed some years after in the time of your Majesty's Royal Predecessor, King Charles the Second, who was pleas'd as a token of his acceptance and acknowledgment of the Moheagans' services to His Colony to Connecticutt to honour them with his Royal Notice by sending a Sword and a Bible. And the Government of Connecticutt in that Treaty stipulated with them, that upon complaint of any grievance or wrong done them the Generall Court should do them equal justice with the English; and in the year of Christ one thousand six hundred and eighty four a survey was made of the bounds of the Moheagan Lands and put upon the Colony Records by order of their General Court, and those lands which your Petitioner's ancestors had reserved to themselves and their tribe for their hunting and planting grounds, were Eight years afterwards confirmed by Act of the Act of Generall Court to Sachem Owenecoe, the eldest son and heir of Unchas, and to his son Mahomet, your Petitioner's father, and their heirs and successors unalienably. Hitherto good faith and friendship were maintained by the English towards the Moheagans. But at last, may it please your Majesty, a generation arose in the Colony of Connecticutt, who knew not Unchas, and his successors but did, contrary to the faith of their Fathers' Leagues, their Publick Records, and the terms the Royall Charter, enchroach upon the remainder of the Moheagan lands, which your Petitioner's ancestors had reserved to themselves and their people for their hunting and planting grounds, and by an Act of their Assembly distributed great part of the same among severall of their towns, and the Moheagans were threatened to be slain if they came upon those lands. Notwithstanding these infractions made by your Majesty's Colony upon the ancient friendship and alliance between them and the Moheagans, Sachem Owenecoe and your Petitioners' father Mahomet kept faith with the English, continuing their firm adherance and services to them in the time of the French Warr, nor was ever the blood of one English man spilt by any of their tribe, tho' much injur'd and greatly dissatisfied at their dealings with them, but on the contrary the Moheagans have shed their best blood in defence of the English. At length being quite tired out with oppression, and dispairing of redress from the Generall Court of the Colony, Sachaem Owenecoe, your Petitioner's grandfather, remonstrated against these grievances to her late Pious Majesty Queen Anne, who was pleased in justice and compassion to the Moheagans, to cause her Royal Commission to be issued out under the Great Seal of England, directed to his late Excellency Joseph Dudley Esq., then Governor of Her Majesty's Province of the Massachusetts Bay, the late Honble. Nathll. Byfield Esq. and others Her Majesty's Subjects to hold a Court of Enquiry, Examination and determining of the complaint of Sachem Owenecoe against those persons who had deprived him of his lands, which was accordingly held at Stonington in the Colony of Connecticutt in the fourth year of Her said Majesty's reign, whereupon full proofs of the justice [of] Oweneco's complaint by living witnesses, and the Colony Records, it was consider'd and determined that Oweneeo and the Moheagan Indians should immediately be put into possession of their lands; and the Governor and Company of Connecticut were order'd by Her Majesty's said Court to put them into possession accordingly and to pay all costs. But your Majesty's Colony of Connecticutt have refused to pay obedience to Her late Majesty's Commission and the determination of Her Court, and have not restored either your Petitioner's said late grandfather, who surviv'd your Petitioner's father, or your Petitioner since his grandfather's decease, and his people, to any part of their lands of which they had so unjustly deprived them, and have not only amus'd them with fruitless promises for these thirty years' past, but in the life time of Owenecoe proceeded further to deprive the Moheagans of the small remainder of their lands, and your Petitioner and his tribe are now reduced to less than two miles square out of their large territories for their hunting and planting, and that land so rocky that they are not able to subsist upon it. Wherefore your Petitioner and his tribe, being now reduced to the miserable necessity of leaving their native lands, unless your Majesty will extend your Roy all Justice and Protection to them which they are encouraged to hope from their experience of your late pious Predecessor's Goodness, and your Majesty's known virtues, the fame of which has reach'd their ears; your supplicant has presum'd to appear personally before your Majesty, praying that he and his people may be restored to, and protected in that part of their Ancestors' lands which they had reserved to themselves and their tribe for their hunting and planting, which has been confirmed to them by Acts of the Colony, and adjudged to them by Her late Majesty's Commissioners; and that after having approved themselves for the space of one hundred years faithfull friends and allies to your Colony of Connecticutt and true to your Majesty and your Royal Predecessors against all your enemies, they may not now be forced to fly to some neighbouring Indian tribe for subsistance, who are friends to the French and enemies to the English in the time of Warr, but obtain a redress of their grievances from your Majesty's Royal Justice, for which may the just God the Avenger of Wrongs, and Protector of Good Princes shower down happiness and blessing on your Royal Person and Crown your reign with true glory, which is the sincere prayer of your Majesty's most obedient and faithfull vassall, Mahomet. Endorsed, Recd. 12th, Read 13th May, 1736. Copy. 5¼ pp. [C.O. 5, 1268. ff. 186, 187–188 v., 189 v., 192–194 v., 195 v.].
May 7.
Whitehall.
301. Council of Trade and Plantations to the King. A memorial was lately presented to us by Mr. Samuel Jenner, Agent for a great number of Swiss Protestants who are desirous to transport themselves and familys at their own expence to North Carolina, provided they might obtain the following conditions, quoted. Continue:—Upon these conditions we are humbly of opinion that your Majesty may be graciously pleased to permit the said Six Thousand Swiss to settle in the Province of North Carolina, which will thereby receive a considerable augmentation of useful inhabitants, by whose means your Majesty's quit rents will hereafter be encreased and a foundation laid for enlarging the trade and navigation of this Kingdom. And if it should be your Majesty's Royal pleasure to comply with these proposals, we would further humbly offer that the Governor of North Carolina may receive your Majesty's orders to recommend it to the Assembly of that Province to defray the charge of surveying the lands to be set out and of issuing the grants which shall be made to the said Switzers or that they may be eased of the expence attending the said surveys and grants in such other manner as to your Majesty in your great wisdom shall seem proper. [C.O. 5, 323. ff. 116–119].
May 12.302. Richard Coope, Agent for St. Christophers, to the Council of Trade and Plantations. Abstract. Has received 213 barrels, 213 locks and 240 screwpins of muskets, which were saved out of the ruins of H.M. Magazine on Brimstone Hill, that was blown up by lightning about four years ago, with orders to make proper application that they may be received into the Tower, and be either repaired there at H.M. expence, or a like number of muskets with bayonets and slings delivered in their stead, with 300 cartouch boxes, sword belts and frogs for bayonets, which are much wanted etc. Prays the Board to recommend dispatch of these stores of war. Endorsed, Recd. Read 12th May, 1736. 1 p. [C.O. 152, 22. ff. 59, 64 v.].
May 12.303. Mr. Yeamans, Agent for Antigua, to Council of Trade and Plantations. Refers to memorial of Sept. last, laying before the Board the justice and necessity of obliging the French to evacuate Sta Lucia, St. Vincent and Dominica. Continues:— By undoubted intelligence which memorialist has received from abroad, it appears that the French at Sta. Lucia are now encreas'd to tenfold the number of families they were about a year past etc. The surprising assiduity of the French to get footing in the said islands is a convincing proof of the danger of them when in their possession to the trade of great Britain, and of how much consequence they esteem them to be to the trade of France. 'Tis much easier to put a stop to evills of this nature in the beginning than after a right is set up by long possession, and the possessors become too powerfull to be remov'd but by force of arms etc. Prays the Board's permission to enforce the prayer of his former memorial etc. Signed, John Yeamans. Endorsed, Recd. Read 12th May, 1736. 2 pp. [C.O. 152, 22. ff. 60, 60 v., 63 v.].
May 13.
Whitehall.
304. Council of Trade and Plantations to the King. Enclose following for H.M. approbation. Annexed,
304. i. Draught of H.M. Additional Instruction to Governors of the Plantations. Whereas We were pleased by our Order in our Council of the 29th of April last, to declare Our pleasure that in the morning and evening prayers, in the Litany, and in all other parts of the Publick Service as well in the occasional offices as in the Book of Common Prayer where the Royal Family is appointed to be particularly prayed for the following form and order should be observed, "Our Gracious Queen Caroline, their Royal Highnesses Frederick Prince of Wales, the Princess of Wales, the Duke, the Princesses, and all the Royal Family." And to the end, that the same form and order may be observed in all our Plantations in America; it is Our express will and pleasure that you cause the same to be forthwith published in the several parish Churches and other places of divine worship within [Our said Plantations under] your Government, and that you take care that obedience is paid thereto accordingly. [C.O. 324, 12. ff. 220–224].
May 13.
Whitehall.
305. Order of Committee of Privy Council. Agreeing to the proposal of the Lords Commissioners for Trade and Plantations, Nov. 26th last, upon the petition of George Morley, and ordering them to prepare a draught of an Additional Instruction to the Commander in Chief of S. Carolina accordingly. Signed, W. Sharpe. Endorsed, Recd. 3rd., Read 18th June, 1736. 1 p. [C.O. 5, 365. ff. 77, 78 v.].
May 13.
Whitehall.
306. Council of Trade and Plantations to the Committee of the Privy Council. Enclose following, pursuant to the order of 18th March, 1735. Cf. Aug. 13, 1735. Annexed,
306. i. Draft of H.M. Additional Instruction to President Morris. Whereas complaint hath been made unto Us by several of our good subjects Merchts. trading to Our Plantations in America that an Act having been pass'd in our said Province of New Jersey under your Government in 1733, entituled An Act for the further support of this Government, in which a duty of forty shill. p. ton. is laid on all copper ore exported out of that Province to any of the neighbouring Colonies and every person or persons, before he or they do lade or take on board the said copper ore are obliged either to pay to the Collector or Collectors of the Customs or their Deputies the said duty or to become bound to the said Collectors with good security in the sum of one thousand pounds mony of Great Britain, on condition to carry the copper ore by him or them to be shiped directly to some port or place in Great Britain, and not to any of the neighbouring Colonies or Plantations. It is Our Will and Pleasure that you move the General Assembly of that Province at their first meeting to pass a law which may re-enact the several clauses in this Act except such as relate to the duty of 40s. a ton upon copper ore and to the bond thereby required to be given, which duty shall not be made payable nor the bond lyable to be forfeited but only in case such vessel shall break bulk in such other Colony or Plantation and that the said ore shall be there sold or otherwise disposed of. [C.O. 5, 996. pp. 385–389].
May 14.
Admiralty
Office.
307. Mr. Corbett to Mr. Popple. Capt. Towry of H.M.S. Shoreham being under orders to proceed to Canço in a few days, asks for Heads of Enquiry for him etc. Signed, Thos. Corbett. Endorsed, Recd. 15th, Read 18th May, 1736. 1 p. [C.O. 217, 7. ff. 170,175 v.].