America and West Indies
February 1733, 1-15

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Institute of Historical Research

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Cecil Headlam and Arthur Percival Newton (editors)

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1939

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29-42

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'America and West Indies: February 1733, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 40: 1733 (1939), pp. 29-42. URL: http://www.british-history.ac.uk/report.aspx?compid=79264 Date accessed: 24 October 2014.


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February 1733, 1-15

Feb. 1.
Whitehall.
32. Council of Trade and Plantations to the Honble. the Commons of Great Britain in Parliament Assembled. Representation upon laws made, manufactures set up, and trade carryed on in the Plantations in America, which may affect the trade, navigation and manufactures of this Kingdom ; Instructions to Governors relating to presents ; and orders given for the repair of fortifications in Barbados and the Leeward Islands etc. Continue Upon receipt of [H.M. Order, 7th June, upon Addresses from the House of 25th May, 1732], we did forthwith transmit duplicates of the circular letters which we had dispatched the year before to all H.M. Governors in America, directing them to furnish us with an exact and particular account etc. In our Representation of 15th Feb., 173 1/2, we laid before the House all such informations relating to this matter as were then come to our hands. The only returns that we have received since, in answer to our last letters upon this subject, have been from the Govr. of Jamaica, the President of H.M. Council in Barbados, and the Governors of the Massachusets Bay, Virginia, and South Carolina. The Govr. and President of the Council in Barbados have inform'd us that there have been no such laws, manufactures or trade etc. since their last returns to us etc. The Governor of the Massachusets Bay takes notice that since his last letters upon those heads, there hath been a new paper mill set up at Falmouth in Casco Bay ; but the undertakers have not begun to work on that manufacture for want of materials. He also acquaints us, that in his last account of these matters he omitted to take notice that upon passing an act about ten years since, in New Hampshire for the encouragement of iron works, the then Govr. and Council made a grant of about 8000 acres of the King's lands in that Province, as a further encouragement to the Proprietors and undertakers of those works. Virginia. Quote Lt. Governor Gooch, 5th Oct., 1732 (q.v.) upon acts and manufactures there and in New England, and Governor Johnson on South Carolina, where such manufactures are scarce worth naming. Continue :—In answer to that first part of the Address of this Honble. House concerning the orders that have been given by the Crown etc. to Governors with respect to presents from the inhabitants etc., we find that the first Instruction upon this subject took place etc. 18th Aug., 1702, and was directed to Sr. Bevil Granville etc. Quote that Instruction (v. C.S.P. Aug. 18, 1702) and the H.M. letter to Governors, April 1703, which was made an article of the General Instruction to Governors of Barbados, 19th Nov., 1706, till, upon Lord Belhaven's memorial (quoted) in 1721, when an Additional Instruction was given to him (v. C.S.P. Aug. 9, 1721). Continue. This Instruction which quoted hath been continued from that time, to all the succeeding Govrs. of Barbados, hath been lately given to the Lord Howe for the reasons offered to H.M. upon that occasion by the Lords of the Committee of H.M. most Honble. Privy Council (quoted). Similar Instructions were given to Governors of Leewards Islands 18th Aug., 1702 and April, 1703, and made of Govr. Mathew's Instructions in Feb. 1704. Quote Additional Instruction to Govr. Parke, 14th Feb., 170 7/8, that the manufactures of that Province which may interfere with those of Great Britain are scarce worth naming, being confined to a few hatts, shoes, and coarse mix'd cloths of cotton and wooll for the use of their negroes. As to Governors' presents etc., We find that the first Instruction upon this subject took place soon after the accession of her late Majesty etc. Quote Instruction of Governor Sir Bevil Granville 18th Aug., 1702, and Circular Letter to Governors, April, 1703. (v. C.S.P. under dates). Continue : In 1706 the foregoing letter was made an article in the General Instructions, then given to the Governor of Barbados, 19th Nov., and was continued to the succeeding Governors of this Colony till 1721 etc. Quote Lord Belhaven's Memorial of that year, and the Additional Instruction thereupon, 9th Aug., 1721. (v. C.S.P. 1721). Continue :—This Instruction which hath been continued from that time to all the succeeding Governours of Barbados, hath been lately given to the Lord Howe etc., for the reasons offered by the Lords of the committee, quoted. Continue. With respect to the Leeward Islands etc., we find that the first paragraph of the Instructions to the Govr. of Barbados, 18th Aug., 1702, and the letter date 20th April, 1703, were given at the same times, mutatis mutandis, to the Govrs., with this variation, that only £500 sterl. pr. ann. was added to the former salary of £700 payable out of the 4½ p.c. etc., and £200 sterl. was then given to each of the Lt. Govrs. of the four islands, who before that time were destitute of any appointments. In Feb. 1704 the said Circular Letter was made part of Her Majesty's Instructions to Govr. Mathew ; and we find that in 1706, Colo. Park having then succeeded to this Government, and the Genl. Assemblies of Antigua and St. Xtophers having passed two acts for the payment of £1000 current money of Antigua to the said Govr. Park, in lieu of house rent, during his residence there etc., and of £1000 of good muscovado sugar pr. ann. in St. Xtophers. etc. for house rent there during the continuuance of his government, Her late Majesty was pleased by Her additional Instruction, 14th Feb., 1708, to disaprove of the said acts, and to direct Col. Park to move the Assemblies in each of the islands under his government to pass new acts for setling the value of £400 sterling pr. ann. upon himself or the Commander in Chief for the time being, for house-rent, to be paid him in proportion to the number of days he should actually reside upon each island etc. Continue :—We find these Instructions continued to the succeeding Govrs. etc. until 1717, when the Assembly of Antigua having passed an act for allowing £1000 current money to Walter Hamilton, His late Majesty was pleased to give an additional Instruction to him etc. Quoted. (v. C.S.P. under date). In 1721 His late Majesty was pleased to signify his royal pleasure, 4th Aug., to the Commrs. for Trade to prepare an additional Instruction for Gvr. Hart, agreeable to that which they had been directed to prepare for Lord Belhaven etc. This Instruction, quoted, hath since been continued to the Earl of Londonderry etc. Continue : The first Instruction under this head which appears to have been given to the Govrs. of Jamaica, was the above recited letter of April 16, 1703, etc. In July of the same year, this letter was made part of the Instructions given Colo. Handasyde, and was continued to the several succeeding Governors, without any variation, to the year 1721, when His late Majesty was pleased to permit the Duke of Portland to receive such addition as the Assembly of Jamaica should think fit to make to his salary. Hereupon a draught of Instructions was prepared by the Commrs. of Trade etc., which has been continued without variation to Major Genl. Hunter the present Governor etc. Quoted. The only Instructions which have been given upon this head to the Govrs. of the Bahama bear date 13th May, 1729. Quoted. The first Instruction that has been given to the Govr. of the Bermuda or Summer Islands bears date Oct. 16th, 1702, and is the same with the first paragraph of the Instruction to the Govr. of Barbados 18th Aug. of the same year. The foregoing letter of the late Queen dated April 16th, 1703, was in the same manner directed to the Governor of the Bermudas, and continued to be a part of his Instructions, mutatis mutandis, till 1713, when Her late Majesty's permission to receive house-rent was restricted in the Instructions that were then given to Mr. Pulleine, Jan. 22nd ; but this permission was again revived by His late Majesty in his royal Instructions to Colo. Bennet, June 30th, 1715, and continued to be in force till 1721, when it was again retrenched upon the Govr's. being permitted to receive an additional salary by virtue of the Instruction which has been continued ever since without variation. Quoted. The only remaining Instruction upon this head to the Governors of the Bermudas bears date in the books of our Office Dec. 7th, 1731. This Instruction was occasioned by the complaints which had been made to the Crown, that some of the Governors of the Plantations had for some years past seized and appropriated to their own use, the production of whales taken upon the coasts of their Governments ; whereupon His Majesty was pleased to direct Capt. Pit, etc., to move the Assembly of Bermuda, that they should raise and pay to him a sum not exceeding £100 pr. annum, in lieu of the profits before accruing to him, by granting licences for the taking of whales which were computed at that value. On the Continent, etc., we find that the first Instructions upon this head to the Governors of So. Carolina bear date in the books of our Office Aug. 30th, 1720. Quoted. These Instructions were continued without variation till 1730, when His Majesty was pleased to give an Instruction to the present Governor, Col. Johnson etc. Quoted. North Carolina having been lately purchased by the Crown, the only Instruction which has been given upon this head to the Governor bears date Aug. 13th, 1730 etc. Quoted. With respect to the Province of Virginia we find that in Oct. 1702 the Instruction to the Governor of Barbados, dated 18th Aug. of that year, was also made a part of Genl. Nicholson's Instructions, mutatis mutandis, etc. and at the same time an allowance for house rent and the establishment of a salary for the Governor, were provided for by other Instructions. Quoted. In April 1703 the above recited letter from the late Queen, dated April 16th etc. was also sent to the Govr. of Virginia, and this together with the foregoing Instructions, have been continued to the succeeding Governors etc. The Instruction of Aug. 18, 1702 and letter of 16th April, 1703 etc. were also directed to the Governor of Maryland, and continued to be in force without any alteration until 1714 the following Articles were made part of the Genl. Instructions given to John Hart Esq., which are the last that have been dispatched from this Office to the Govr. of Maryland. Quoted. In the same manner the Barbados Instruction of 18th Aug., 1702, and the late Queen's letter of 16th April, 1703, were also directed to the Governour of New York, whose salary was by the said letter encreased from £600 to £1200 sterling pr. ann., and these Instructions were continued to the succeeding Governors of New York without any alteration till Sept. 1727, when the following articles were made part of the Instructions given to Colo. Montgomerie, and have been continued to the present Governour without variation, etc. Quoted. The said Instruction and letter were directed to the Governour of New Jersey, with a small variation in the letter etc. Quoted. These directions continued in force without any alteration till May, 1708, when the following articles were made part of the Genl. Instructions then given to the Lord Lovelace, and have been continued to the succeeding Governours, without variation, to the present time. Quoted. The first of the Instructions given to the Governors of the Massachusets Bay and New Hampshire etc., bears equal date with the letter of the late Queen, 16th April, 1703, but the substance of it is different and as the several Instructions which have been sent to these Provinces upon this subject do in some degree vary from each other, we have had them literally transcribed from the books of our Office etc. In answer to that part of the Address which relates to the directions which have been given for the repair of the forts etc. of Barbados and the Leeward Islands, we find only the following (not quoted), which have been continued to all Governors from the days of their dates to this present time, notwithstanding various dispositions have been made of this Revenue, since this Instruction was given, to other publick services. Autograph signatures. 48 pp. [C.O. 5, 5. No. 1 ; and 324, 11. pp. 313-370.]
Feb. 1. 33. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, five acts passed in the Massachusets Bay, 1732 :—
(i) for apportioning and assessing a tax of £8007 16s., and assessing a tax of £80 laid on the towns of Needham, Hatfield, Sutton and Tiverton for not sending their Representatives, and for apportioning and assessing taxes of £4275 5s. paid the Representatives for 1731, and £1263 5s. paid Council for 1731 ; (ii) granting unto H.M. an excise upon wines, liquors etc. sold by retail ; (iii) providing pay for keeping petty Juries ; (iv) for erecting a new town within the county of Middlesex, at the north part of Turkey Hills (so called) by the name of Townshend ; (v) for erecting a new town within the county of Worcester, by the name of Harvard. [C.O. 5, 917. pp. 77 a., 78.]
Feb. 2.
Whitehall.
34. Council of Trade and Plantations to the Committee of the Privy Council. Enclose following, pursuant to Order of 26th Jan. Annexed,
34. i. Draught of H.M. Additional Instruction to Governor Belcher, empowering him to give assent to the bill granting him £3000. [C.O. 5, 917. pp. 78 (A.), 79.]
Feb. 4.
Bermuda.
35. Lt. Governor Pitt to Mr. Popple. Refers to former letter relating to Assembly's refusal to make him an adequate allowance in lieu of whale-licences etc. Encloses Journals of Assembly and acts passed, to be laid before the Board etc. Signed, John Pitt. Endorsed, Recd. 31st May, 1733, Read 31st July, 1735. 1 p. [C.O. 37, 12. ff. 161, 166 v.]
Feb. 4.
Bermuda.
36. Governor Pitt to Charles Delafaye. Encloses Journals of Assembly and acts lately passed, to be laid before the Duke of Newcastle. Signed, John Pitt. Endorsed, R. 31st May. 1 p. [C.O. 37, 29. No. 16.]
Feb. 5.
Boston.
37. Governor Belcher to the Council of Trade and Plantations. Hopes for answer to his letter of 13th Jan. and many others by the ships in the spring. Continues : What I have now to add is respecting the mandamuss. directed to me for admitting Joshua Peirce, Theodore Atkinson and Benning Wentworth to be of H.M. Council for New Hampshire. When I heard these mandamuss, were come I expected, as they were in the first place directed to the King's Governour, that those who had them wou'd according to their duty have transmitted them to me, since it is but 66 miles, and the post passing every week. But when I had waited what I thought a reasonable time, I order'd the Secretary of the Province to publish the notification in the inclosed print, which produc'd to me the mandamus in favour of Mr. Peirce etc., and I then directed his being sworn. I can't suppose but your Lordships will agree with me, that it is a high presumption and insolence in the other two not to send me the mandamuss. after the publick notification ; and the President of the Province's directing them once and again to transmit them to me, for that he dare not swear them having received my order to the contrary etc., and I have no doubt but your Lordships will be of opinion with me, that to wink at the ill manners and impudence of those men wou'd be to subvert all good order and government. Signed, J. Belcher. Endorsed, Recd. 25th June, Read 30th Aug., 1733. 4 pp. quarto, large margins. Enclosed,
37. i. Governor Belcher to Lt. Governor Dunbar, or the President of the Council of N. Hampshire. Boston, Jan 1, 173 2/3. Has reason to think that the mandamuses, referred to in preceding, which arrived 14 days ago, are being clandestinely detained from him. Orders him to make strict enquiry for them, and when he shall have gotten possession of them, to transmit them to him for his directions. In the mean time the persons mentioned in them are not to be sworn into the Council etc. Signed, J. Belcher. Copy. ¾ p.
37. ii. Capt. Peirce to Governor Belcher. Portsmouth. 11th Jan., 1733. Explains that he has acted in ignorance. He presented his mandamus to Mr. President Walton in Council within a week after it came to hand, and nobody suggested his forwarding it to H.E. etc. Signed, Josh. Peirce. Endorsed, Recd. 25th June, 173 2/3. Copy. 2/3 p.
37. iii. Governor Belcher to Capt. Peirce. Boston. 15th Jan., 173 2/3. Reply to preceding. "How came you to conceal it so long, and since it was in the first place directed to me etc., why did you not by return of the post transmit it to me?" etc. Accepting his plea of ignorance, has ordered him to be admitted to the Council etc. Signed, J. Belcher. Copy. ¾ p. [C.O. 5, 875. ff. 188-189 v., 190 v.-192 v.]
Feb. 5.
St. James's.
38. H.M. Warrant for a Commission for Governor Mathew. Countersigned, Holles Newcastle. [C.O. 5, 195. ff. 301-308.]
Feb. 6.
Whitehall.
39. Duke of Newcastle to Governor Cosby. Encloses following petition. Concludes :—I am to acquaint you with H.M. pleasure, that you, together with H.M. Council, take this petition into your consideration, and send me your opinion what may be properly done therein, etc. Countersigned, Holles Newcastle. Copy. Annexed,
39. i. Petition of Archibald Kennedy, H.M. Receiver General in the Colony of New York, to the King. Owing to the increase of late years in the grants of lands and the extension of settlements very far on the frontiers, and parcels of lands daily dividing themselves into great numbers of hands, it becomes impossible for the Receiver to collect the quit rents or to get any accounts of the fines and forfeitures etc. Prays for Royal Instructions to the Governor authorising and requiring him to impower the Sheriffs of the several Counties, as in Virginia, to collect and levy all the quit rents, fines and forfeitures, and pay over from time to time the money so collected to H.M. Receiver General, under such regulations, and after making such deductions for their trouble, expence and service, as H.M. Governor with consent of the Council shall think just and reasonable etc. Copy. [C.O. 324, 36. pp. 386-389.]
Feb. 6.
Whitehall.
40. Duke of Newcastle to Governor Lord Howe. My Lord, I send your Lordp. herewith, by H.M. command, copys of a letter which I have received from the President of the Council of Barbadoes, and of the Minutes of the Council and Assembly of that island, containing an account of his proceedings in the execution of the King's Order, in pursuance of an agreement made with the Court of France, for the reciprocal evacuation of the Islands of Sta. Lucia, St. Vincents and Dominico, that you may be fully apprised of the state of that affair. Your Lordp. will observe, that the Governor of Martinico, in his answer to a letter which the President wrote to him, to acquaint him with his having received H.M.'s Order abovementioned, and to transmit to him a duplicate of the French King's Order for the same purpose, says, that it is necessary the person authorised to treat with him upon this occasion should be furnished with the Orders sent to him, the President, for that he knew of none but those that were directed to Mr. Worsley, the late Governor, which seems to be an objection made with design to delay the execution of those orders, since there is not the least foundation for it, the Order being directed to the Governor and in his absence to the Commander in Chief, or the President of the Council of Barbadoes, on which last the Government devolved upon Mr. Worsley's leaving that island, and H.M. not having yet been informed whether anything further has been done in this matter, has thought fit to sign a like Order to your Lordp., which goes inclosed, that you may upon your arrival at Barbadoes, if you find the former Orders have not been put in execution, represent to the Governor of Martinico how groundless his objection is, but that H.M., being desirous to remove any difficultys that he may still have, with regard to the former Order, had signed a new one directed to your Lordp., and that you are ready to concert with him the proper measures for proceeding forthwith to the reciprocal evacuation of the said islands ; and your Lordship will send me an account of what you shall do herein, to be laid before H.M. Signed, Holles Newcastle. Copy. Annexed,
40. i. H.M. Orders for the Evacuation of Sta. Lucia, St. Vincents and Dominico. Right Trusty Welbeloved Cousin, We greet you well. Whereas the French for some years have claimed a right to the Island of Sta. Lucia, and do insist that the right to the Islands of St. Vincents and Dominico under your Government, is in the Caribeans now inhabiting the same, altho We have an undoubted right to all the said Islands, yet We have thought fit to agree with the French Court, that untill Our right shall be determined, the said Islands shall be entirely evacuated by both nations ; it is therefore Our will and pleasure, and you are accordingly to signify the same to such of Our subjects as shall be found inhabiting any of Our said Islands, that they do forthwith quit the same, untill the right shall be determined as aforesaid ; and that they do comply with this Our Order within thirty days from the publication thereof, in each of the said Islands respectively, under pain of Our highest displeasure ; and you are to use your best endeavours, that no ships of Our subjects, or of any other nation, do frequent the said Islands during the time aforesaid, except only for wood and water. But it is Our Will and Pleasure, that you do not execute this Order, untill the French Governor of Martinique shall have received the like directions from the French Court ; and shall jointly with you, put the same in execution without any exception. And you are hereby further ordered to transmit to Us, by the first opportunity, a full account of your proceedings, as likewise of those of the French in this behalf, taking care by all opportunitys to inform yourself, whether Our subjects and those of the French King do punctually comply with the true intent and meaning of this agreement, untill such time as the right to the said Islands shall be absolutely determined as aforesaid. And for so doing this shall be your Warrant. Countersigned, Holles Newcastle. Copy.
40. ii. President of the Council of Barbados to the Duke of Newcastle, July 3, 1732. Copy.
40. iii., iv. Minutes of Council of Barbados, April 27, June 6, 1732. Copy.
40. v. Journal of Assembly, Aug. 7th, 1732. Copy. [C.O. 324, 36. pp. 381-385.]
Feb. 8.
St. James's.
41. H.M. warrant appointing Charles Bridgewater junr. to the Council of Nevis in the room of John Richardson decd. Copy. Countersigned, Holles Newcastle. [C.O. 324, 36. p. 402.]
Feb. 8.
Virginia Wmsburgh.
42. Lt. Governor Gooch to the Council of Trade and Plantations. I have the honour of your Lordships' of the 13th 7ber with the papers etc. in relation to the pretensions of the several Proprietors of Pensilvania, Maryland and the Northern Neck, to the lands lying westward of the great mountains of Virginia. As to the dispute between Lord Culpeper and the Crown refers to his letter of 29th June, 1729, and is still of opinion that that matter may be best determined at home, either by trial in Westminster Hall or by persons deputed by the King and Lord Fairfax. Appointing Commissioners in Virginia will prove a fruitless labour and expence. Continues : It is to be noted my Lords that the Rivers Rappahannock and Potomack took their names from the Indian nations inhabiting their respective banks, and that the places where these Indian towns stood, when Virginia was first seated, and continued while there was any remains of those nations, are below the falls of both rivers, and where they are navigable. What denomination Rappahannock had above its falls, or the several rivers had which form it, doth not certainly appear, tho' 'tis more than probable the Indians had other names for them ; for that part of Potomack River which has been lately discovered and settled above its falls is known and called before all the Indian Nations that have most commonly frequented it, by the name Cahongarooten, as all the other rivers which fall into it are called by their several distinct names. So that if according to Ld. Culpeper's grant nothing passes by the names Potomack and Rappahannock rivers, but as they were known and called at the time of its date, my Ld. Fairfax can claim no farther westward than the falls of each river, or at the farthest where those rivers begin to be one stream. But if H.M., out of his more abundant bounty, thinks fitt to allow that grant to extend up to the headspring of that river which forms the north branch of Rappahannock, then the bounds must be runn from thence to the river Cahongarooten, from the same meridian the head spring of Rappahannock lyes in, and consequently must be bounded by the ridge of mountains, as your Lordships will see by the mapp ; and then Ld. Fairfax will have an extent of territory upwards of two hundred miles in length, and in some places thirty miles broad ; and H.M. be at liberty to settle a barrier between this Colony and the Lakes, upon which the security of this and the other Provinces greatly depend. Lord Fairfax's Agent here has laid down such strange pretensions, as never, in my opinion, can be reconciled with the words of the grant : They will have it that because the head-springs of both rivers are mentioned in the grant, his Lordship is not to be bounded by the head of Rappahannock, but is to comprehend all the rivers that fall into Potomack, wheresoever their head-springs or sources take their rise ; and therefore because the River Shenanto or [? Sh]eranto falls into Cahongarooten, they will have all the lands on that river as far south [? as] the borders of No. Carolina, and from thence all the lands westward and northward to [the] source of Cahongarooten to be within their bounds, which would extend that grant, defined plainly by the words of it between the two rivers, Rappahannock and Potomack, upwards of one hundred miles beyound Rappahannock to the southward, and above that [di]stance to the west, and so to extend north behind Maryland, intersecting the Province of [Pen]silvania. Your Lordships will hence perceive how impracticable it is for Commissioners here to determine [a] controversie so perplexed, and how unequal any Commissioners here are like to prove for such [a] task, where the foundation, the Letters Patent of the Crown, are deemed altogether uncertain, and neither the King was informed what he granted, nor could the patentee know how to describe what he asked, and would now extend his claim beyound what ought to be allowed, or it can be [sup]posed the Crown intended to bestow. I have employed the more fully, my Lords, the claim of Ld. Fairfax, because until that [be] determined, there is no occasion for H.M. to interest himself in the dispute concerning [the] boundarys of Maryland or Pensilvania : for if the Northern Neck grant is judged as extensive [as] the Proprietors' agent would have it, I know no lands H.M. hath to dispose of beyound the great ridge of mountains. Shenando, as laid down in the mapp, runs paralel with that ridge from the extremity of our southern boundary. Cahongarooten is said to have its source beyound the fortieth degree of north latitude, and intersecting the boundarys of Pensilvania [ru]ns on the west of Maryland, till it falls into Potomack river properly so called ; and the many rivers which fall into Cahongarooten from the west are said to interlock with the branches of the Messisippi ; so that the lands in Virginia which are in the power of the Crown to grant are entirely cutt off, and separated from that which ly contiguous to the Lakes, by this extraordinary claim under the grant of the Northern Neck. But since my Lords I can never suppose that such a construction of the Northern Neck grant will be allowed, and that your Lordships may receive all the information I can give, I shall go on and state the difference between Virginia and Ld. Baltimore ; His Lordship's Province of Maryland is bounded on the south, from the sea, to Watkin's Point (which is not laid down in the mapp I sent, but your Lordships may judge it to be on the south side of that river, I should have said the south side of the mouth of that river which runs out of Cheseapeak Bay into the Eastern shore) and thence cross Cheseapeak Bay to the south side of Potomack River (which river is in his Lordship's grant, tho' in H.M. Instructions 'tis called a pretended right, and I am thereby directed to assert H.M. right) and so that river continues the limit between his Lordship and Virginia. On the north his Lordship is bounded by a west line (where they are to sett out is not yett, as I hear, agreed upon, 'tis conjectured about Delaware River or Sassafras River, but that is not material) which is to extend as far westward as the true meridian of the first fountain of Potomack : by which, my Lords, it is evident that the first fountain of Potomack was then supposed to be somewhere to the south of that line, otherwise it would have been more properly expressed, by extending that line westward till it intersected Potomack River, and so have made that river the Western limit, as well as it is the southern of his Lordship's grant. Hence I think it clear, my Lords, that neither in the grant to Maryland, nor that to my Lord Culpeper, Potomack river was ever imagined to extend so far as the River Cahongarooten doth, and if Ld. Baltimore insists on that as Potomack, and if it be true that its source takes its course from the northeast, as it is generally reported, then a line drawn from that meridian to Potomack River, properly so called, will cutt off a large tract now inhabited under grants from Lord Baltimore as part of his Province : and some people here are so confident of this, that they have petitioned me for grants of large tracts of land there as belonging to Virginia, which petitions are referred till the boundarys be settled. Others argue that by the first fountain of Potomack, his Lordship's west line can extend no farther than till it falls on the first river in its course, which emptys itself into Potomack, of which it seems there are many on that side of Cahongarooten, as well as on the other, and they pretend to know that that river call'd Cahongarooten [melius, Conneichiga. v. 15th July] is that which the line between Maryland and Pensilvania will first intersect, and have their eye upon lands on the west side of that river as undoubtedly in Virginia ; in which case Lord Baltimore will lose less, and have his limits sooner ascertained, than by tracing Cahongarooten to its source, and then running a south line from thence according to his charter. The grant of Pensilvania is the only one whose western limits is capable of being reduced to a certainty consistent with the description mentioned in the Letters Patent : and if the Proprietors of that Province and Ld. Baltimore shall agree to run the line of division between them, and to measure as far as that extends, the rest of the five degrees of longitude, which is the extent of Pensilvania, may with small expence and no dispute be measured and fixed so as no controversy may arise hereafter. Since therefore, my Lords, there appears such uncertainty in the description of the boundarys of these Proprietary grants, made without due information or knowledge of what was intended to be passed to the several patentees ; and since the Proprietors are neither like to agree amongst themselves where their boundarys are, nor how they interfere, nor seem to be contented with what may reasonably be supposed the Crown granted them, it is high time to take some speedy measures to put an end to these disputes, and the rather since there is now a view of having great numbers of foreign Protestants to seat these frontiers, and thereby prevent the French, an oppertunity if lett slip, perhaps may never be retrieved. But I cannot leave this subject without representing to your Lordships that the erecting new provinces and governments will be attended with many inconveniencies : such as the weakness [of] an infant settlement to support itself ; the difficulty of bringing foreigners to the knowledge [and] under the subjection of the English laws, where they are left to themselves, and not incorporated with an English Government ; the disputes that may arise concerning their boundarys, if a tract [of] land should be granted them, the true limits whereof cannot be with certainty described, besides many others which 'tis needless to trouble your Lordships with. I should rather, if your Lordships will give me leave, advise if they are to be settled within [the] limits of Virginia, that H.M. would leave it to the Government here to assign them lands proportionable to their number, and to grant them distinct patents, with exemption for [sev]en or tenn years from payment of quit-rents, and such other ease in the manner of taking and cultivating as H.M. shall think reasonable for their encouragement ; and care [ma]y be taken here that no more land than is already entered for, on the back of the mountains [shal]l be granted to any other person whatsoever till they have their full complement assigned them etc. Has enquired into the matter of Mrs. Jones' letter. Can only find that one Dr. Watkins and some other necessitous people have imposed upon some gentlemen of estates, and drawn them into buying shares of a silver mine they pretended, at first, they had found on the back of the mountains, etc., afterwards near Susquehannah river in Maryland, "and having shewed something which they affirmed to be silver oar, and proved to be only antimony, and the gentlemen concerned are now convinced it is a cheat put upon them, for which they paid in advance about £20 pr. man. However I shall have a watchful eye over them, and if I can discover any appearance of a royal mine shall give speedy notice of it to your Lordships." Signed, William Gooch. Endorsed, Recd. 25th May, 1733, Read Sept. 10th, 1734. Holograph. 4 pp. [C.O. 5, 1323. ff. 108-109 v., 110 v.]
Feb. 8.
Whitehall.
43. Mr. Popple to Sir Wm. Strickland, Secretary at War. There happening frequent riotous disturbances in the street before the Office of my Lords Commissioners etc. by numbers of dissolute people assembling, particularly in dark evenings, and in the night time, which make it dangerous for persons who have occasion either to come to, or go from the Office, as well as others passing by ; their Lordships command me to desire the favour of your directions, that a centinel may be placed near the Office door to prevent such disorders for the future. [C.O. 389, 37. p. 343.]
Feb. 9.
Whitehall.
44. Mr. Popple to R. Harris. My Lords Commissioners etc. having at present under their consideration the right of H.M. subjects to the cutting of logwood in the Bay of Campeachy etc., desire that if you have any lights or proofs applicable to that subject, you will please to communicate them etc. [C.O. 389, 29. p. 49.]
Feb. 9.
St. James's.
45. H.M. Additional Instruction to Governor Cosby. Commission and Instruction of John Montgomery, late Governor of New Jersey, 20th Oct., 1727, providing that a moiety of his salary and perquisites be paid to the Lt. Governor on his death or absence etc. Continues : Our will and pleasure is that Lewis Morris, and the eldest Councillor who has succeeded him in the administration, if the case shall have so happened, and his or their, or either of their executors, administrators or assigns, shall and may receive, enjoy and retain to him or their own use and benefit one full moiety of the salary, and of all perquisites and emoluments whatsoever, due unto our Captain General and Governor in Chief etc. during the time that the said Lewis Morris etc. shall have continued in the exercise of the administration from the day of the death of the said John Montgomery, until the day of yr. arrival in our said Province, and that you shall have, receive and enjoy the other moiety of the said salary, and of all the said perquisites and emoluments that shall have accrued during the said intermediate time between the days of the death of the said John Montgomery, and of yr. arrival there, and that such person or persons as shall have received the said salary, perquisites and emoluments, or any part there, or in whose hands the same shall remain, shall be accountable and pay unto you the full moiety thereof without any deduction or defalcation whatsoever. Signed, G.R. [C.O. 324, 36. pp. 389-392.]
Feb. 10.
South Carolina.
46. Governor Johnson to the Duke of Newcastle. H.M. Council and the Assembly having lately made some observations on the form of grants of lands from H.M. to the inhabitants of this Province, I had the honour formerly to transmitt to your Grace, I referred the same to the Attorney Genll., whose report thereon I herewith send your Grace together with the form of a grant by him proposed, which the Council having approved of is the form now made use of and which I hope will meet with your Grace's approbation. Signed Robt. Johnson. Endorsed, R. April 24th. Addressed. 1 p. Enclosed,
46. i. Form of a grant of Crown lands, S. Carolina. The grantees "yielding and paying therefore" 3s. sterl., or 4s. proclamation money per ann. per 100 acres. This "grant is upon condition that" one acre for every 500 acres to be cleared and cultivated within 3 years, and five head of cattle kept for every 500 acres etc. The land to revert to the Crown if rent 3 years in arrears etc. Signed, Robert Johnson. Printed copy. 1 p.
46. ii. Report of Committee of Council and Assembly on proposed form of grant. Consider the provision for immediate and absolute forfeiture of the lands on non-payment of quit-rent too strict. Five years is a reasonable time wherein lands ought to be forfeited in case of non-payment of the rent etc. Rights of fishery, hawking, hunting and fowling ought to be included in the grant etc. The rent should be stated to be in lieu of all services etc. Copy. 1½ pp.
46. iii. Report of Attorney General on preceding report. 29th Jan., 1732. Criticises some of the suggestion and encloses a draft of a grant he has prepared. Signed, C. Pinckney, A.G. 1½ pp. [C.O. 5, 388. ff. 78, 79 v., 80, 81, 81 v., 83, 84.]
Feb. 10.
So. Carolina.
47. Governor Johnson to the Council of Trade and Plantations. Duplicate of preceding, mutatis mutandis. Signed, Robt. Johnson. Endorsed, Recd. 18th April, 1733, Read 27th Aug., 1735. 1 p. Enclosed,
47. i-iii. Duplicates of preceding encl. i-iii. Endorsed as covering letter. [C.O. 5, 364. ff. 215, 216 v.-218 v., 219 v., 220, 221, 221 v.]
Feb. 12.
Hartfield.
48. Governor of Connecticut to the Council of Trade and Plantations. May it please youre Lordships, This comes to acknowledg the receipt of H.M. Instructions to me that I should not consent to any Act for laying a duty on any of the manufactures of Great Brittain on slaves or fellons that are imported into this Colony, and it is a pleasure to me that I can assure youre Lordships that there has never been any Acts in this Colony contrary to these H.M. Instructions. We in this Colony are so far from encombring a trade directly to Great Brittain that we all lament the want of it ; we are studying all ways possible to promote it, but the want of staple commoditys wherewith to make oure returns has defeated oure projects hitherto : yet incourageing our selves that in a little time we shall make some small progress therein I am also to acknowledg the favour of Mr. Popple's letter October 4th, 1732. I am glad to heare the book of oure laws came safely to youre hands, Mr. Popple writes to me that your Lordships want also coppies to inform you what of oure laws are altered or repealed I am sorry I did not prevent you this trouble by telling of you in my last that all repeals or alterations of oure laws are contained in the same book of oure laws where your Lordships will find them fully incerted as they are. All those affairs and things in the Colony that you desire to be informed of are the same as when I gave you my answer to your Queries, saving that through God's Goodness the people are continually multiplying and oure shiping now is as it is incerted in the inclosed. There is no other materiall alterration as I know of. Signed, C. Talcott. Endorsed, Recd. 25th June, 1733, Read 17th Sept., 1735. 1¾ pp. [C.O. 5. 1268. ff. 160, 160 v., 165 v.]
Feb. 13.
Tower Hill.
49. Mr. Harris to Mr. Popple. In reply to enquiry of 9th inst., states that in 1716 he laid before the Board all the papers and proofs he had as to the right of H.M. subjects to cut logwood in the Bay of Campeche etc. Signed, Rd. Harris. Addressed. Endorsed, Recd. Read 15th Feb. 173 2/3. 1 p. [C.O. 388, 31. w. 69.]