America and West Indies
October 1736, 21-30

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Institute of Historical Research

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1953

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309-317

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'America and West Indies: October 1736, 21-30', Calendar of State Papers Colonial, America and West Indies, Volume 42: 1735-1736 (1953), pp. 309-317. URL: http://www.british-history.ac.uk/report.aspx?compid=72853 Date accessed: 28 November 2014.


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October 1736, 21-30

Oct. 21.
Whitehall
412. Council of Trade and Plantations to the Queen, Guardian of the Realm etc Proposes for Council of Montserrat John Roynon and Randal Fenton, in the room of Anthony Hodges and John Roberts, who have been residing in England for some years, and Governor Mathew having represented to the Board the difficulty he is under to get a Quorum etc. [C.O. 153, 16. p. 55.]
Oct. 21.
Portsmo.
413. Petition of Samuel Graves of Kingstown, N.H., to Lt. Gov. Dunbar. Abstract. Eight years ago petitioner settled a grant of land which he had from the town of Kingstown. Some persons under pretence of a grant of the same land from the town of Haverill in the County of Essex in the Massachusetts Bay, commenced suits against him in the Courts of the County of Essex. Petitioner pleaded that they had no jurisdiction, for the land lay above 15 miles north of Merrymack River, but he was cast imprisoned. In 1734 a judgment was obtained against him at the suit of some Haverill men, but was stayed by advice or order of Governor Belcher until such time as the lines might be settled. But in Sept. last the Sherrif of Essex County and 13 Haverill men seized deponent upon an execution granted out of that Superior Court concerning the said lands saying that the Governor had taken off above order, for that the lines wd. never be settled etc. Petitioner being poor and aged prays H.E. to lay his case before the Council of Trade etc. Signed, Samuel Graves. Endorsed, Recd, (from Mr. Paris), 23rd Dec, 1736, Read 13th Jan., 1736/7. 1¾ pp. Enclosed,
413. i. Deposition of Samuel Graves. Oct. 21, 1736. Confirms above statement on oath. Signed and dated as preceding. Subscribed.
413. ii. Certificate by Lt. Gov. Dunbar, Oct. 22, 1736; commending above petition to the Board. Petitioner's house is more than ten miles from any part of Merrimack River. Several inhabitants at Londonderry at ye like distance from ye river apprehend ye same treatment, and were determined to resist at all costs. Signed, David Dunbar. Same endorsement. 1 p. [C.O. 5, 879. ff. 90–91 v.]
Oct. 22.
Whitehall.
414. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, 9 Acts of N. Carolina, 1734, 1735. [C.O. 5, 323. ff. 119 v. –120 v.]
Oct. 22.
Whitehall.
415. Mr. Popple to President Hamilton. My Lords Commissrs. for Trade and Plantations command me to acknowledge the receipt of your letter of the 8th of April last, acquainting them of the death of Mr. Anderson late President of the Council and Commander in Chief of New Jersey, since the death of Colo. Cosby and to acquaint you that their Lordships do not doubt, but you will use your utmost endeavours for H.M. service and the peace of the Province. Their Lordships upon reading your state of the Council of New Jersey, are surprized to find you mention but five Councillors present in ye Province, because in August 1735 their Lordships recommended to H.M. John Schuyler, Thomas farmer, John Rodman, Richd. Smith, Robert Lettice Hooper, and Joseph Warril, Esqr. to supply the places of Messrs Baird, Johnson, Parker, Smith, Morris and Alexander. If these gentlemen whom my Lords have been pleased to recommend to H.M. for Councillors in New Jersey will not take the proper care to get their warrants for that purpose pass'd thro' the several offices, my Lords will think themselves obliged to recommend some others to H.M. least the Council should so far be reduced as not to be able to make a Quorum to transact the business of the Province. You will therefore please to inform them thereof etc. [C.O. 5, 996. pp. 392, 393.]
Oct. 22.
Whitehall.
416. Mr. Popple to Mr. Oglethorpe. Encloses copy of Monsr. Geraldino's memorial, and desires that he will send an answer as soon as conveniently may be. Continues:—I am likewise to desire you will inform yourself, whether the English have at any time, before the establishment of the fort on the Alatamaha River, called King George Fort, made any settlements to the southward of that river? If any how far? What nations of Indians are in possession of land between that river and St. Juans? If any, from what time they have been so; and whether they have ever acknowledg'd any dependence on the Crown of Spain? And how long they have own'd their dependence on the Crown of Great Britain? You will likewise please to inform yourself, whether the Spaniards ever had any settlements to the northward of St. Juans, or even anywhere in Florida except at St. Augustine. [C.O. 5, 401. pp. 182, 183.]
Oct. 22.417. Mr. Chaloner to the Council of Trade and Plantations. Refers to his petition of 7th Oct. Has since obtained depositions in confirmation of facts alleged therein from Florentius Cox and John Yerwith, late inhabitants of Providence (v. Oct. 28th). As they are obliged forthwith to sail for S. Carolina, he prays that they may be examined before the Board before their departure etc. No confirmatory depositions can be obtained from the inhabitants still on the island owing to their fear of the Governor etc. Signed, Chaloner Jackson. Endorsed, Recd. Read 22nd Oct., 1736. 2 pp. [C.O. 23, 3. Ff. 166, 166 v., 169 v.]
Oct. 22.
Whitehall.
418. Mr. Popple to Lt. Governor Ogle. Acknowledges letter of 7th April with enclosures. Concludes:—But as your letter was not received in this Office till the 19th of August last, the account therein inclos'd was of no service to their Lordps. in the framing their Representation to the House of Lords, for which purpose it was desired. [C.O. 5, 1294. p. 96.]
Oct. 22.
Whitehall.
419. Same to Governor Talcott. Acknowledges letter of 28th Oct., 1735, with enclosures, not received till 12th April, 1736. Concludes as preceding. [C.O. 5, 1294. p. 97.]
Oct. 22.
Whitehall.
420. Same to Governor Wanton. Acknowledges letter of 1st Dec, 1735, received 4th Feb. Concludes as preceding. [C.O. 5, 1294. pp. 97, 98.]
Oct. 22.
Whitehall.
421. Council of Trade and Plantations to the Duke of Newcastle. Reply to 3rd July and 27th Sept. concerning Spanish complaints against inhabitants of Georgia for having extended their settlements into the bounds of Florida. Continue :—As all those papers relate chiefly to the true southern bounds of H.M. Province of S. Carolina, we take leave to send your Grace inclos'd an extract of our Representation of 20th June, 1728, by which H.M. undoubted right to the lands in those parts will appear. However, lest it should be thought necessary to produce any further proofs etc. to support H.M. title, we have wrote to the Commander in Chief of S. Carolina, and desire he will procure from the oldest inhabitants of the Province the best information he can get, and when we shall receive the same, we will, if necessary lay them before your Grace; We have also sent a copy of Monsr. Geraldino's memorial to Mr. Oglethorpe for his immediate answer etc. In the meantime, we cannot forbear taking notice to your Grace, of that part of Monsr. Geraldino's memorial wherein he says "Apres quoy les memes inhabitants de la Georgia, avoient batty une fortresse sur les territoires de la domination de la Florida, a vingt cinq lieues au nord de la place de St. Augustine, a l'entree de la rivière de St. Simon, dans laquelle ils avoient suis garrison pour la soutenir: nonobstant que dans le terns passe, les habitants de la Caroline qui avoient batty une fortresse dans le raerae endroit vont fait abattre par ordre dela Cour d'Angleterre. a la requisition de celle d'Espagne." But Monsr. Geraldino must have been very much misinformed of the state of this case, for Captain Massey who commanded that Fort, finding the place whereon it was erected an unwholesome situation, left the same for that reason only, having obtain'd leave for that purpose from the Council and Assembly there. But as this was done without any directions from England we did in our Representation to H.M. of 1st Dec, 1727, propose to H.M. that orders should be sent without loss of time for resuming possession of that fort etc. By which it will appear, that this fort was neither quitted by any order from hence, nor on the application of the Crown of Spain. Your Grace will please to observe that Monsr. Geraldino and we have quoted the Treaty of Madrid in 1670, and this same Article but for very different purposes, for he mentions a description of Florida as settled by that Article: whereas upon perusing that Article we find no such description; but whatever lands ye subjects of the Crown of England were in possession of at that time, in America, are thereby confirmed to them for ever. Autograph signatures. 22/3 pp. Enclosed,
421. i. Extract for Representations. Dec. 1, 1727 and June 20, 1728. v. C.S.P. under dates. [C.O. 5, 383. ff. 47–48, 49–50 v., 52–53 v. ; and (without enclosures) 5, 401. ff. 176–179.]
Oct. 22.
Whitehall.
422. Council of Trade and Plantations to Lt. Governor Broughton. There being some matters at present under our consideration, relating to the southern bounds of Carolina, we desire you will procure, and transmit to us by the first opportunity, the best informations you can get concerning the same; particularly whether any settlements have ever been made by the English to the southward of the Alatamaha River, and if any how far, as likewise whether the Indians, between that river and St. Juans, do not own an allegiance to the Crown of Great Britain. We likewise desire you will inform yourself whether the Spaniards had ever any settlement to the northward of St. Juans river, or even any part of Florida but at St. Augustine, as these enquiries may be of consequence to H.M. interest in the Province of South Carolina. We make no doubt but you will use your uttmost dilligence therein and send us an answer thereto as soon as possible etc. Acknowledge letter of 2nd Feb. Continue:—But as we did not receive the same till the latter end of April, it came too late to be inserted in the Representation which we made to the House of Lords etc. PS.—The foregoing enquiries take their rise from a memorial by Monsr. Geraldino etc. Enclose copy for his remarks thereupon. [C.O. 5, 401. ff. 180, 181.]
[Oct. 25.]423. Petition of William Shirley, H.M. Advocate General in New England, to the Council of Trade and Plantations. Prays that a salary may be attached to his office, payable to the Treasurer of the Navy, as in the case of the Surveyor General of the Woods. Petitioner after practising the law in England and New England for many years, accepted this post upon the earnest entreaties of the Governor, 26th Sept., 1733, under the Seal of the High Court of Admiralty. It requires constant, expensive and laborious attendance, owing to the great extent of country and there being no Attorney General in most of the Provinces, or only such as is chosen by the people. The whole weight of prosecutions in the Customs, therefore, lies on petitioner, and especially the seizures and prosecutions of loggers, in regard to which the country in general make a common cause against the Crown. He has not one shilling of fixed salary, nor yet of fees, etc. Signed, Fra. Shirley, for the Memorialist. Endorsed, Recd, (from Mr. Paris) 25th Oct., Read 11th Nov., 1736. 1 p. [C.O. 5, 879. ff. 74, 75 v.]
Oct. 25.
Amboy.
424. President Hamilton to the Duke of Newcastle. Refers to letter of 8th April. Continues :—On the 14th of this month I recd, a letter from Col. Lewis Morris dated at New York telling me he intended to come to Amboy and take upon him the Goverment of this Province by virtue of H.M. Commission and Instructions to the late Governor and desired me to summon a Council in order to his being sworn. A Council mett the 20th instant, and I sent to tell Mr. Morris the Council were sitting and ready to hear what he had to off err. Accordingly he came and, after the Council had heard his reasons for demanding the Goverment, they were of opinion he had no right therto etc. Refers to Minutes of Council enclosed. Continues :—I humbly hope your Grace will approve of our proceedings and lay them before H.M. that I may have his royall pleasure signified to me which will imediatly put an end to any disturbances may happen here through Col. Morris's means. Your Grace must know his character from the great opposition he made to the late worthy Governor Coll. Cosby both here and at home, and his behaviour in New York since his return thither from England etc. determined the Council to declare his place amongst them void. I once more begg leave to represent to your Grace the great inconveniency this Province lyes under for want of a sufficient number of Councellors, there are only the four that signs the report can meet and those live att so great a distance from each others that lett the emergency be ever so great it is impossible to gett them together in less then eight and forty hours. Mr. Alexander, one of the present Councellors, lives intirely att New York and it is above thirty years since Coll. Morris removed with his family out of this Province, and with all due submission I should think no gentleman qualified for that honor that did not only reside in the Province but has likewise an estate in it. The late Governor to fill up the number seven that could attend admitted Thomas Harman, Esq., and recommended John Seyler, John Rodman, Richard Smith and Robert Lettice Hooper, Esq., gentleman of reputation and intrest. I humbly beg your Grace's pardon for this tedious letter and am with the most profound veneration, May it please your Grace, your Grace's most devoted, and most obedient servant, Signed, John Hamilton. 3 pp. Enclosed,
424. i. Minutes of Council of New Hampshire 16th March—21st Oct., 1736. 16½ pp. [C.O. 5, 983. ff. 37–45, 71, 72.]
Oct. 25.
Perth,
Amboy.
425. Lewis Morris to the Duke of Newcastle. Complains of the "treasonable opposition" of the Council of New Jersey in refusing to deliver up the seals of Government to him as eldest Councillor. If Col. Hamilton persists in retaining them, he will be obliged to use force to compel him. He took his appointment as Chief Justice of New York as H.M. sufficient declaration of H.M. leave to be absent from New Jersey, and his subsequent visit to England to defend himself when removed by Governor Cosby was with H.M. leave etc. Intends shortly to publish enclosed proclamation etc. Set out N.J. Archives, 1st Ser. V. 455. Signed, Lewis Morris. Endorsed, R. Jan. 27. 5 closely written pp. Enclosed,
425. i. Proclamation by Lewis Morris, President of the Council of New Jersey. 25th Oct., 1736. Ordering observance of H.M. Additional Instruction upon Order in Council of 29th April, as to the form of prayers for the Royal Family, the Instruction being signed by Queen Caroline 1st June and addressed to himself as President of the Council of New Jersey. Set out, N.J. Archives, 1st. Ser. V. 464. Copy. 2 pp.
425. ii. Minutes of Council of New Jersey. Oct. 20, 1736. The Honble. Lewis Morris made a demand of the Administration by virtue of H.M. Commission to the late Governor and the royal instruction to himself (v. preceding), tendering a copy thereof and demanding that it be entered in the Minutes. The President (Col. Hamilton) asked for the original. Morris offered to shew it to them, upon their word of honour to restore it, which they refused to give, conceiving it a public instruction and belonging to the Government. Morris answered that it was an instruction to himself, with which they had nothing to do etc. Copy. Signed, Lawr. Smyth, Cl. Con. 1½ pp.
425. iii. Report of the Council of New Jersey to President Hamilton on Mr. Morris's demand (v. encl. ii). Oct. 21, 1736. Quote H.M. Instructions to Governor Cosby, that the eldest Councillor, "who shall be at the time of your death or absence residing within Our said Province shall take upon him the administration" etc. Continue: From which we think it is very clear and plaine that the administration is legally vested in your Honour etc. Col. Morris's return from England cannot entitle him to the Government, the clause above mentioned being a bar against any such pretention and the Instruction of 3rd May, 1707, directing that the eldest Councillor . . . who shall be at that time of your death or absence residing within our said Province of New Jersey shall take upon him the administration of the Government etc. Col. Morris was in England and had been there more than twelve months before the death of either the late Governour or Presedent, and did absent himself from this Province for near two years without leave from the then Governor under his hand and seal or any otherwise that we could ever hear or learn, and therefore we are of opinion that by H.M. Instruction No. 10 his place in the Council is become void etc. Signed, John Reading, Cornelius Vanhorn, William Provoost, Thos. Farmer. Copy. 1¾ pp. [C.O. 5, 983. ff. 47–49, 50 v.–53 v.; and (duplicates, dated Oct. 22, altered to 25, and endorsed, R. Jan. 24th), 62–63 v., 65–68, 69, 69 v.]
Oct. 26.
Whitehall.
426. Order of Committee of Privy Council for Plantation Affairs. Agreeing with the representation of the Council of Trade and Plantations, 1st April, that the five eldest Councillors in the Provinces of New York, New Jersey, Nova Scotia and Rhode Island be appointed Commissioners for settling the boundarys between the Massachusets Bay and New Hampshire, and ordering, after hearing counsel on petitions by the Agents of the two Provinces relating to the persons so nominated, that the five eldest Councillors named be so appointed, except Major Mascarine, who appeared to the Committee to be a person interested in the province of Massachusets Bay etc. The Lords Commissioners for Trade are to prepare directions for them, and for preventing unnecessary delays, to consider of a proper time to be fixt before which the said Commissioners should be directed to hold their first meeting, and also of the most convenient place for such their meeting etc. Signed, W. Sharpe. Endorsed, Recd. 28th Oct., Read 16th Nov., 1736. 1½ pp. [C.O. 5, 879. ff. 82, 82 v., 85 v.]
Oct. 27.
Whitehall.
427. Mr. Popple to Sir W. Yonge. Encloses extracts from Governor Fitzwilliam's letters 8th and 20th March, giving an account of the ruinous conditions of the fortifications etc. [C.O. 24, 1. p. 310.]
Oct. 27.
Whitehall.
428. Same to Mr. Burchett. Encloses extract from Governor Fitzwilliam's letter, March 20th, relating to the station ship and Admiralty instructions. [C.O. 24, 1. pp. 310, 311.]
Oct. 28.
Whitehall.
429. Same to Mr. Fane. Encloses copy of Mr. Coope's letter and translation of the French Edict of 1727, that he may consider thereof, with the Act of Montserrat submitted for his report. [C.O. 153, 16. p. 56.]
Oct. 28.430. Petition of Mr. Jackson to the Council of Trade and Plantations. Submits deposition by Capt. Vittery and prays that he may be examined this day with other witnesses (v. Oct. 22). Signed, Chaloner Jackson. Endorsed, Recd., Read Oct. 28, 1736. ¾ p. Enclosed,
430. i. Deposition of Florentius Cox, 21st Oct., 1736, in support of Mr. Jackson's petition of Oct. 7th. Signed, Florentius Cox. Endorsed as covering letter. 6¼ pp.
430. ii. Deposition of John Yerworth, 21st Oct., 1736, in support of same. Signed., John Yerworth. Same endorsement. 7⅓ pp.
430. iii. Deposition of Capt. Vittery, 28th Oct., 1736, in support of same. Signed, William Vittery. Same endorsement. 3½ pp. [C.O. 23, 3. ff. 189, 190–193 v., 194 v., 196–199 v., 200 v.–202 v]
Oct. 30.431. Mr. Fane to the Council of Trade and Plantations. Has been attended by Mr. Henry Popple and Mr. Coope in support of Act of Montserrat for the more effectual preventing all trade in those parts between H.M. subjects and the French, and reports :—The intention of this Act is to explain and amend some articles of the Treaty of Peace and Neutrality of 1686. It appears by the preamble to this Act that the motive and foundation of it was an Edict made by the French King in 1737, whereby it is declared in construction of the Treaty of 1686, as it is pretended, that all forreign vessells sailing within a league of the shores of any French settlements in the West Indies should be seized and confiscated without any proof of having traded. This edict, as the gentlemen who attended me informed me, had been complained off in a memorial presented by the direction of the Governr. of the Leeward Islands to one of H.M. Secretaries of State in Feb. 1735, and desiring H.M. demands and directions upon so extraordinary an Edict. But I don't find that any directions were signified upon it etc. By this Act, this Treaty of Neutrality is not explained in so severe a manner etc. as it is by the French Edict. For by the words of ye Act, as I apprehend, no French vessell is liable to be condemned, unless there is some proof of her having traded, or having on board wares, merchandizes &c. of the growth and produce of H.M. Colonies (indeed the onus probandi is to lye upon the Frenchman) and therefore the sailing within a league of any of H.M. Settlements will not be a sufficient reason of itself for a condemnation. But in what manner they are pleased to construe this clause in Montserrat have not appeared to me in the consideration of this matter. This being the general state of the case, I beg leave to say, let the explanation of the Treaty of Neutrality by the Island of Montserrat be ever so expedient or just: yet I think it was not very prudent in a Legislature in so inconsiderable a part of H.M. Dominions to take upon themselves to do that, which I apprehend to be the sole Prerogative of the Crown. It was never denied but that the King had a sole power of making warr and peace, and consequently every attempt to infringe upon this power is an encroachment upon His Prerogative. This I take to be such an attempt in a great degree, and tho the policy of it might be right and expedient, yet the manner of doing it, is so new, that I think it ought to receive in this first instance the highest discountenance. I don't observe tho' this may be called an Act of an extraordinary nature that there is a clause in it suspending its execution till H.M. pleasure was known upon it. Such a clause in my opinion would have been very proper considering the nature of the Act, and also the Memorial which had been presented by order of the Governr. of the Leeward Islands to the Secretary of State, to which he had receiv'd no answer. I observe also that in the application of the penalties and forfeitures of this Act the usual methods of applying them have not been pursued. And I also observe there is a clause at the end of this Act, that the expence of prosecuting any offence against this Act shall be paid in the first place out of the shares and parts of the penaltys and forfeitures given to H.M. This appears to me to be an unusual regulation and I beleive there cannot be produced two instances either here or in the Plantations where the same has been done. I think it unreasonable as well as a demonstration how little the interest of His Majesty is regarded in this Island. Signed, Fran. Fane. Endorsed, Recd. 1st, Read 3rd Nov., 1736. 22/3 pp. [C.O. 152, 22. ff. 153–154 v.]