America and West Indies
December 1736, 21-31

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Institute of Historical Research

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1953

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383-389

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'America and West Indies: December 1736, 21-31', Calendar of State Papers Colonial, America and West Indies, Volume 42: 1735-1736 (1953), pp. 383-389. URL: http://www.british-history.ac.uk/report.aspx?compid=72860 Date accessed: 22 November 2014.


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December 1736, 21-31

Dec. 21.
Barbados.
493. President Dottin to the Council of Trade and Plantations. As I never fail transmitting such publick papers as are furnished me by the proper officers here, by the very first opporunity that presents after having them, I now take the liberty of sending your Lordships such as lately came to my hands, and if my despatches are untimely, and not exactly pursuant to my instructions, the blame lyes on the officers, who are not so absolutely under my directions as they woud otherwise have been, had I not been restraind from displacing any one without the consent of seven of the Council, and as we have but barely that number on the island who seldom are all together, I perswade myself that your Lordships will think the two vacancys in the Council, by the death of Mr. Peers, and the absence from the Island, without leave, of Mr. Ashley, who was obligd to abscond in a private manner for debt, ought to be supply'd as soon as possible, and I shall be glad your Lordships wou'd be pleased to recommend Collo. John Maycock and Thomas Harrison Esqr. whom I named for this purpose to supply those vacancys. I think it my duty to send your Lordships copys of two letters which lately pass'd between the General of Martineco and myself relating to a ship unjustly carry'd in thither ; for unless practices of this sort are discountenanced and great care taken to prevent for the future such an unjustifyable act, our trade will be renderd very precarious and uncertain, and the merchants much discourag'd therein your Lordships no doubt will do what is proper herein, and also take some notice of the French still continuing their settlements on the Islands stipulated to be evacuated by both nations ; had the English subjects behaved in this manner, I believe the French wou'd have found some method to oblige us to quit them, since, in case of a rupture between the two nations, the having those Islands in their possession will be a considerable advantage to them and very prejudicial to the English. Signed, James Dottin. Endorsed, Recd. 8th March, Read 7th Sept., 1737. 1 p. Enclosed,
493. i. President Dottin to the Marquis de Champigny. 18th Nov., 1736.
493. Copy of encl. i following. 1 p. [C.O. 28, 25. ff. 47– 48 v., 49 v.].
Dec. 21.
Barbados.
494. James Dottin to the Duke of Newcastle. Was I not oblig'd by my Instructions to transmitt your Grace the Publick papers thereby directed to be sent home for H.M. consideration, I should be afraid that my dispatches wou'd prove troublesome and divert your Grace's thoughts from more weighty matters, while you was perusing those sent by me ; but as I never neglect embracing the first opportunity that offers to send the papers furnish'd me by the officers, I hope, if they come untimely, your Grace will impute the fault to them ; since I am restrain'd from compelling such a punctual complyance on their part as a Governour might do, being directed not to remove or displace any officer civil or military without the consent of seven of the Council, and, as we have now but barely that number on the Island, they seldom are all together, and I believe your Grace will therefore think it absolutely necessary for H.M. service that the two vacancys now therein, by the death of Mr. Peers and Mr. Ashley's going off the island in a secret and clandestine manner, without leave, shou'd be fill'd up and supplyed, to which I took the liberty of recommending Col. John Maycock and Thomas Harrison, Esqr., as fit persons to succeed. I presume also to enclose to your Grace copys of two letters wch. lately pass'd between the General of Martineco and myself relating to a ship unjustly carry'd in thither, and had not the captain been lucky enough to meet with a friend there to be his security for the stipulated value of the ship and cargo, the damage to the owners might have been very considerable. Your Grace may possibly think some methods ought to be taken to prevent for the future such causeless captures, and had such an affair happened in the English Dominions to a vessel belonging to the French nation, I believe their Court wou'd have immediately represented the injustice of such a proceedure, as tending greatly to interrupt the harmony subsisting between the two nations, as they wou'd also have done had H.M. subjects continued their settlement on the islands stipulated to be evacuated, and which are still inhabited by great numbers of the French. Your Grace will likewise herewith receive an address to H.M. from the Grand Jury of this Island, and as it has been usual on these occasions to transmitt copys of the others presented to the Commander in Chief and the Chief Justice. I have also done so, and if your Grace thinks proper, you will be pleased to lay them before H.M. with the other address etc. Signed, James Dottin. Endorsed, R. 30th March. 1¾ pp. Enclosed,
494. i. M. de Champigny to President Dottin. Martinique, 23rd Dec. (n.s.), 1736. In reply to following letter relating to the ship Scipio, Alexander Macpherson, master, at first condemned in the Admiralty Court, Martinique, and afterwards discharged by the Superior Court, Capt. Macpherson and his ship are detained pending an appeal which has been entered to the Council of State by the Director of the King's Domain, who requires Capt. Macpherson to give security to abide by its decision. Regrets that he cannot override the Intendant on this point etc. Signed, Champigny. French. Copy. 2 pp.
494. ii. President Dottin to Governor General of Martinique. Nov. 18th, 1736. Represents case of the Scipio (v. preceding), which arrived at Barbados Oct. 21st. from Africa with a cargo of negroes, and not meeting with a good market there, cleared for Jamaica, "but by reason of slack winds and a strong current was brought nearer to Martinique than was intended or could possibly be avoided, and though she happened to be 12 or 13 miles off from the shoar, and there was no pretence of the least intention of trading with any of His Most Christian Majesty's subjects, yet was she seized and detained as a prize at Martinique." Asks H.E. to see that she be discharged with damages for this unjust and vexatious delay etc. Signed, James Dottin. Copy. 2½ pp.
494. iii. Address of Grand Jury, Barbados, to the King. 14-17th Dec., 1735. Abstract. Congratulate H.M. upon his preservation of the peace, and the marriage of the Prince of Wales with a Protestant Princess. Acknowledge the particular happiness they enjoy under the administration of their worthy President etc. Signed, Benj. Hall and 16 others. 1 large p.
494. iv. Address of Same to President Dottin. Dec. 14-17th., 1735. Acknowledge benefits the island has received under his presidentship. "The regular and impartial administration of justice, the preservation of the publick tranquility, the asserting the rights of the Crown, and the trade of our merchants, that have been invaded and interrupted, by the late attempts of our too powerful rivals of the French nation, these have been the great objects of your honour's care etc. The misfortunes under which we labour with regard to our trade, and the low rates of the commodities of the island, is a melancholy consideration ; but from the good intelligence and harmony betwixt your honour and the Council and Assembly of this island, and the representations that have, and may yet be made to H.M. upon this subject, and above all, from H.M paternal regard to the happiness of his most distant subjects, we still natter ourselves with the hopes of seeing this island again restored to the condition, in which it once so eminently flourished." Signed as preceding. Encl. ii. Copy. 1¾ pp.
494. v. Address of Same to James Bruce, Chief Justice. Return thanks for his charge and for his appointment by the President etc. Signed as preceding. 12/3 pp. [C.O. 28, 45. ff. 349, 350, 351, 351 v., 353, 353 v., 394, 394 v., 395 v.–396 v., 398–399].
[Dec. 22.]495. The humble Memorial of the Master, Wardens, Assistants and Commonalty of the Society of Merchants Adventurers of the City of Bristol, to the Council of Trade and Plantations. By certain advice of the seizing at sea, and confiscating several British vessels and cargoes at the French Islands in America, under colour of an Edict of the King of France in 1727, your Memorialists apprehend great damage may ensue to their ships and effects, and others His British Majesty's subjects, trading to His Sugar, and other settlements in America; by reason they frequently are obliged to sail within a league of the French Islands in their passages to and from the said Settlements, more especially with their negro ships from Africa. Wherefore your Memorialists humbly beg leave to represent to your Lordships, the risque and loss they may sustain by the continuance of the said Edict, and to endeavour to obtain such relief herein, as may in your Lordships' judgment be deemed most suitable. Endorsed, Recd. (from Sir Abraham Elton), 22nd, Read 23rd Dec., 1736. 1 large folded p. [C.O. 152, 22. ff. 263, 263 v.].
Dec. 23.
Whitehall.
496. Council of Trade and Plantations to the Duke of Newcastle. Enclose memorial from the Society of Merchants Adventurers of Bristol, delivered to the Board by Sir Abraham Elton, to be added to papers enclosed with representation of the 17th. [C.O. 153, 16. p. 85].
Dec. 23.
Whitehall.
497. Mr. Popple to Mr. Fane. Encloses following case and query for his opinion in point of law. Annexed,
497. i. The case by the Act of Parliament passed in the 15th year of King Charles the Second entituled An Act for the encouragement of Trade, no commodity of the growth, production, or manufacture, of Europe can be imported into any Plantation to H.M. belonging in Asia, Africa, or America, but what shall be ship't in Great Britain and in English built shipping, and whereof the Master and ¾ths of the Mariners are English and which shall be carried directly thence to the said Plantations and from no other place whatsoever under forfeiture of ship and goods. That by the 7th section of the said Act there is a proviso, that it shall be lawfull to ship in ships duly navigated as aforesaid, salt for the fisherys of New England and Newfoundland in any part of Europe and in the Maderas, wines of the growth of the said Islands, and the same to transport into any of ye said Plantns. Since the passing of this Act it has been a custom to export Canary Wines directly from the Canaries to New England and New York, but some doubts having arose whether this exportation is consistent with the aforesaid Act of Parliament; and application having lately been made for liberty to export Canary wines directly from the said Islands to the other Plantations in America. Q. Whether consistent with the aforesaid law, Canary wines may legally be imported, into any of the Plantations directly from the Canary Islands. [C.O. 324, 12. pp. 226–228].
Dec. 23.
Boston.
498. Mr. Willard to Mr. Popple. Has sent, by Capt. Samuel White, Minutes of Council of the Massachusetts Bay, March-Aug., and of the General Assembly, March, May, and Acts passed in May etc. Signed, Josiah Willard. Endorsed, Recd. 19th Feb., Read 8th June, 1737. 1 p. [C.O. 5, 879. ff. 170, 173 v.].
Dec. 24.
Whitehall.
499. Mr. Popple to Mr. Carkesse. In reply to letter of 16th, encloses copies of Instructions usually given to Governors in America relating to the officers of the Customs, (e.g. Jamaica, Inst. 53–55). [C.O. 324, 12. p. 228].
Dec. 28.
Boston.
500. Treasurer's Accounts of H.M. Revenue in the Massachusetts Bay, 28th May, 1735–26th May, 1736, amounting to £138,284 5s. 5d., out of which he has made payments of £37,726 7s. 9d. Inspected and passed by the House of Representatives. Dec.28, 1736, concurred with by the Council, Dec. 29. Signed, Jer. Allen. Endorsed, Transmitted by Mr. Willard. Recd., Read 8th July, 1737. 23 pp. [C.O. 5, 879. ff. 174–185 v.].
Dec. 28.
Boston.
501. Governor Belcher to the Council of Trade and Plantations. The 6th instant I recd, the honour of your letter of 23rd Sept. last (in answer to eleven of mine to 22nd of July) for which I numbly thank your Lordships. As to the notes of private persons intended to have been issu'd at New Hampshire, I see your Lordships had laid the Act of this Province relating to them before H.M. for his disallowance. What I wrote your Lordships on the head of paper money (as it's call'd) was in great duty to H.M., and while he is pleas'd to restrain the Massachusetts and New Hampshire Assemblies to certain sums, I can't see how it's possible, that H.M. wise and gracious Instruction on that head can have the intended effect, or his people the advantage of it, if setts of private persons shall without controul take the liberty of issuing what sums of paper money they please, to the further deluding of the unwary and unthinking, and which must issue in their ruin. Were your Lordships to have before you the state of all the paper money in North America, and to see the vast ruin and loss it has brought on the British trade, and on H.M. good subjects of the Plantations (as I have observ'd it for 30 years past) I believe, my Lords, in regard to the trade of Great Britain, as well as in compassion to the people here, your Lordships would think it advisable, that there should be an Act of Parliament forbidding the striking any other paper bills to pass in lieu of money in America, than what should be on a security of gold or silver, and so as to maintain the value at all times of what the face of such bill should mention. I say, my Lords, I am fully in this opinion, but shall give your Lordships no further trouble for the future about it. I have wrote your Lordships so often on the affairs of New Hampshire, that I should forbear saying anything of them now, but that I find your Lordships had reciev'd letters importing as if the reason of the Assembly's not doing their duty might have been occasion'd by some mistakes in my conduct. My Lords, in justice to myself I am obliged to clear up this matter. As my speeches and their answers have been in the publick prints, if your Lordships could give yourselves the trouble to review them, I should with great pleasure submit to any censure you would pronounce on them, because I am well satisfy'd I have at no time said or done anything more with those Assemblies, than what was absolutely necessary to support the King's authority or honour; nor have they for five years past shewn an inclination to supply the Treasury but in such a manner as H.M. Council would not consent to, so no bill could come to me for my assent or dissent. I have always waited on them with great patience; and generally longer than has been usual for Assemblies to sit in that Province, and notwithstanding what the last Assembly said I am still perswaded, that, had it not been for Coll. Dunbar, and his adherents, all things would have been perfectly easy in that Province; nor have I any doubt, but that he has assisted from time to time in the indecent answers made to my speeches. Your Lordships say you should be oblig'd to lay before H.M. the sending my orders to New Hampshire to the President of the Council, while Coll. Dunbar was present; I do confide in your Lordships' honour and justice so far as to hope you will at the same time lay before H.M. the reason of my so doing, which I mention'd to your Lordships in mine of 8th Dec. last in these words. "That his late disobedience to my orders has oblig'd me, in honour to H.M. Commission to me, to send my orders of Government to the President of H.M. Council of New Hampshire, nor dare I by any means let the King's service suffer, or the Government go into confusion, thro' his hardiness in disobeying the orders of the King's Governour." But this, my Lords, is one article of complaint he made against me near two years ago, and my answer to that, and to the other articles of his complaint, has lain at the Council Office near 18 months, but his agent will by no means be perswaded to bring the matter forward to a hearing, on which I should be glad to have H.M. royal pleasure. Your Lordships say you presume I shall soon recieve the King's Instructions relating to the settling of the boundaries between the Massachusetts Bay and New Hampshire; when they come to hand, I shall with great duty, care, and diligence, pursue the contents of them to the utmost of my power. I am glad your Lordships had recd, the accotts. of the Treasury of this Province to the year 1735. This last year's accotts. are not yet adjusted but hope they may before the Assembly (now sitting) rises, and when done they shall be duly transmitted to you. Upon a review of my letters I find my last return to your Lordships' General Queries was 6th Nov., 1734, there having been to that time but little alteration for the year 1731, the time I had sent them before; I shall now carefully look over the several queries you have sent me and give my particular answer as soon as the nature of the things will allow. I am to acquaint your Lordships that the Assembly of this Province made no supply to the Treasury in June last, (the usual time for doing it) and what they will do in their present sitting is uncertain; but I have reason to believe they are inclin'd to enter into a new contention, relating to H.M. Royal orders to me on that head. Signed, J. Belcher. Endorsed, Recd. 6th, Read 8th July, 1737. 8 pp. [C.O. 5, 879. ff. 186–189 v., 190 v.].