|
|
|
April 16.
|
115. List of papers laid before the House of Lords, pursuant
to Order of 10th April (Conference of Governor Belcher with the
Indians at Falmouth, Casco Bay, 1732 ; Journal of Representatives
of the Massachusetts Bay, 1732). [C.O. 5, 917. p. 80.]
|
April 16.
Whitehall.
|
116. Order of Committee of Privy Council. Referring
following to the Council of Trade and Plantations. Signed,
Temple Stanyan. Endorsed, Recd. (from Mr. Paris) April 17,
Read May 16, 1733. Enclosed,
|
|
116. i. Petition of John Rindge, Agent of New Hampshire, to
the King. Abstract. Ever since 1691 the great province
of the Massachusets has by the inclusion of Maine,
extended on both sides of the little province of New
Hampshire, which is daily encroached and usurped upon
by its populous and powerful neighbour, both in property
and matter of Government. Without H.M. interposition
it will soon be utterly absorbed and lost, as to well
in disheirson of H.M. Crown as to the utter ruin of
faithful subjects and tenants who hold immediately of
and under H.M. New Hampshire never had any Charter,
but ever since 1679 has been governed by Commissions
granted by the Crown, and all the grants for the towns
have been made by virtue of the said Commissions.
The most considerable towns are called Dover, Portsmouth,
Exeter, Hampton, Kingston and Londonderry.
During the reign of K. William, the French and Indian
wars interrupted the making many new settlements, but
the several townships in N. Hampshire, (as well as in the
Massachusets) made grants of particular parts of their
lands to their respective inhabitants. The townships
of Salisbury. Almesbury and Haverill (N. of the River
Merrimack and claimed by the Massachusets), and also
the townships of Hampton, Kingston and Londonderry,
scituated more northerly than the three last mentioned,
and within the Province of New Hampshire, having
each of them granted to their respective inhabitants
several parcels, perhaps of the very same lands as each
supposed they had or at least claimed a right to do,
many disputes arose as to the titles, but were determined
by the Courts in the Massachusets in their own
favour. One special circumstance which in effect determined
the said disputes was that the people of the
Massachusets being much more numerous than those of
N. Hampshire (at least 40 to one), would rate assess and
tax the persons who were settled really within the
Province of New Hampshire and to the publick charges
in the Massachusets, and by their power and numbers
destrain for such taxes and even carry off and imprison
the New Hampshire inhabitants for pretended trespasses
and try them and their causes in the Courts in the
Massachusets, where to plead to the jurisdiction (when
the partys themselves were to be the sole Judges in the
matter) was to no manner of purpose. By these means
the Massachusets unjustly extended their bounds etc.,
and finally decided those causes, the sum demanded of
a New Hampshire tenant for his share of a public tax
to the Massachusets, or the fine for such tenant's
pretended trespass on their lands amounting to only five
or ten shillings, greatly below the sum for which an
appeal to H.M. in Council is allowed. Nor could a
young settler possibly bear the expense of an appeal,
and if he had, it would only have settled the status of
his own land. These proceedings have obliged many N.
Hampshire tenants to submit to the great Province of
the Massachusets who were able to protect them, and
extend their bounds thereby, whilst reducing N. Hampshire
to such streight limits and to so few inhabitants as
will absolutely disable them to support the charge of
Government etc. At the same time N. Hampshire,
which used to contribute to public charges but a tenth
part of what the Massachusets contributed has been
raised to a fifth part, which nevertheless H.M. loyal
subjects with the greatest duty and alacrity immediately
acquiesced in, it being H.M. royal pleasure. These
disputes having happened, the townships of Kingston
and Londonderry attempted all reasonable methods to
settle the bounds generally between them and the
Massachusets, at a very large expense, (near £800 upon
each of those terms [? towns]), but it produced no effect.
During the Cessation in the beginning of Queen Anne's
reign the Massachusets still encroached on New Hampshire
by rating or taxing people seated near the sea about
five miles north of Merimack river. But New Hampshire
was so far from attempting in like manner to distress the
Massachusets inhabitants, that orders were then given
by the Governor and Council that persons seated but
near the division line should not be rated at all, and
hoped the Massachusets would have given the like orders
till the lines could be setled, and therefore proposals
were made to have Committees chosen in May 1711, but
nothing was done by the Massachusets thereon. In
1713 and 1715 New Hampshire again attempted to have
the lines setled, but in vain. In Dec. 1719 both Provinces
appointed Commissioners, but with this difference, that
those chosen by N. Hampshire were directed to settle
both the Southern and Northern boundaries, but the
Massachusets Commissioners were to setle only the
Southern boundary of N. Hampshire. They met at
Newbury in the Massachusets, but to prevent setling any
bounds whatever the Massachusets Commissioners then
insisted to run a line from 3 miles N. of the river Merimack
to 3 miles N. of the head of what they call
Merimack river at Winnisposiokie Pond, which was a
most extravagant proposal not at all warranted by their
Charter, and would have had the following consequences,
that as the Massachusets province already encloses N.
Hampshire on the S. and N. sides, the line proposed would
have cut off all the eastern part also, and taken from it
all the setled towns and townships of Londonderry and
Kingston, and a very great part of Hampton and of
Exeter and many other lands, so that New Hampshire
would only have had two of its old towns, Dover and
Portsmouth left, and not any land to enlarge their settlements,
but would have been confined to a very small
strip of land bordering upon the sea, and been surrounded
on all the other three sides by the Massachusets Province.
The meeting therefore broke up. This extraordinary
attempt obliged N. Hampshire in the following year,
1720, to put themselves to the expence of an Agent in
London to solicit a just settlement of the lines, who
presented several representations from the Province
on that head. Some time after the meeting in 1719,
New Hampshire chose a Committee to run a line 3 miles
north of Merimack river, and the Massachusets also
chose a Committee. The Commissioners ran the line
separately and the lines very nearly agreed. The
Province of the Massachusets have actually sold great
parcells of H.M. lands not only 3 miles N. of Merrimack
but about 40 miles N. of the same, perticularly one large
township called Penny Cook and have received a large
sum of money for the same, tho' very manifestly within
the Province of N. Hampshire, and tho' the purchasers
were forbid setling there by N. Hampshire etc. After
these encroachments and disturbances, Governor Belcher,
by his 77th Instruction, was directed to propose to the
General Assembly of each Province to choose Commissioners
out of the neighbouring Colonies to draw the
boundaries and settle the dispute, whose proceedings
should be of no effect till H.M. pleasure should be signified
thereon. So desirous was the Assembly of N. Hampshire
to obey H.M. commands, that within three days after
this Instruction was communicated to them, they
appointed David Dunbar, William Wonton and John
Whiting Esqrs. Commissioners to join with those of the
Massachusets etc., and afterwards in Aug., Oct. and
Nov. 1730, and in April, May, July and September,
1731, appointed several Committees to meet those of
the Massachusets, but to no manner of purpose. On
7th Oct. the Assembly received a report from the
Committees appointed by the Council and Assembly
on 24th and 25th Sept., that they had met the Massachusets
Committees at Newbury, to try to agree upon a
preliminary bill to settle the boundaries, but to no
manner of purpose, for that the Instructions which the
Massachusets had given their Committee were much
streighter and more against the interest of N. Hampshire
than an act which the Massachusets had passed in 1730,
which the Assembly of N. Hampshire could by no means
agree to, in regard the Massachusets Committee were
instructed to insist that provision should be made in the
bill that all such lands or towns which either Government
were in possession or improvement of by vertue of any
antient grants should be reserved to the several Governments
both as to jurisdiction and property, which if
agreed to would carry the boundary at least 11¾ miles
to the North of Merrimack, instead of 3. The N.
Hampshire Commissioners insisted that the line which
the Commissioners should fix 3 miles to the northward of
Merimack River according to the intention of the
Massachusets Charter ought to be the boundary as to
jurisdiction whatever might be consented to in respect
of property. Upon which the Massachusets Committee
refused to proceed any further, saying that as they had
particular directions, they were oblidged to conform
to them. A representation by the Council and Assembly
of N. Hampshire was upon that occasion sent to the
Secretary of State, and on 7th Oct. 1731, John Rindge,
who was going over to Great Britain, was appointed
by the Assembly their Agent with full power about the
premises. As such he now represents, that the clause
proposed in behalf of the Massachusets, as to property
and jurisdiction, was by no means a fair or equal proposition,
but would have advantaged them only, who have
encroached greatly, whereas N. Hampshire never setled
beyond its just bounds. The Massachusets has by its
Charter certain limitted bounds beyond which they have
no colour of property or jurisdiction. The dispute lies
within a very narrow compass, and could easily be
settled, if the Massachusets were as well inclined thereto
as N. Hampshire has always shown itself. But they
think it their interest to keep the dispute unadjusted,
whilst they encroach, expecting (as they actually insisted
at the aforementioned meeting) to enjoy the property
and jurisdiction of all their encroachments. However
plain the case, N. Hampshire will always be unable to
procure the lines to be truly run in America, owing to
the superior interest and power of the Massachusets,
and the Governor's native interest being there, where
his whole fortune and two parts of his appointment lie.
N. Hampshire has already done in vain all in its power
to adjust the dispute on the spot, and above 500 of the
inhabitants have complained to the Board of Trade on
this affair. Petitioner therefore prays H.M. to determine
the case here, and in order thereunto annexes a map,
and quotes and argues from Charters. Prays H.M. to
appoint a day for hearing the parties by Counsel etc.
Copy. 24¾ pp. Enclosed,
|
|
116. ii. Map of Southern part of New Hampshire. [C.O. 5,
875. ff. 70, 71-83, 85 v., and (map) M.P.G. 363.]
|
April 17.
Whitehall.
|
117. Mr. Popple to Mr. Fane. Encloses petitions of Sir J.
Eyles etc. and Mr. Paris etc., and copy of Col. Cosby's Commission
and Instructions. Desires his opinion in point of law, whether
the King has a power to erect the said lands [in New York] into a
county, or to annex the same to a county. And by what means
the same may most properly be done. [C.O. 5, 1125. p. 296.]
|
April 18.
Barbados.
|
118. Governor Lord Howe to the Council of Trade and
Plantations. I thought it my duty to take the first occasion of
acquainting yor. Lordsps. that I arriv'd here Thursday last.
I have as yet had only an opportunity of meeting the Council
and Assembly once and making them the inclos'd Speech, they
now stand adjourn'd to Tuesday fortnight. Your lordsps. may
be assur'd I will strictly obey my Instructions and give yor.
Lordsps. an account of my proceedings. There is now a vacancy
in the Council by the death of Mr. Barwick, I therefore beg leave
to recommend to yor. Lordsps. Mr. Richd. Salter to be a Member
of the Council in his room, a gentleman in every respect well
qualified for that honr., his father was in the Council and this
gentleman bears as good a character as any in the island, as it is
absolutely necessary that there should be an entire good understanding
between the Govr. and Council and as I have already
receiv'd several marks of your Lordsps. favour, I flatter myself
that no recommendation will take place of mine with yor. Lordsps.
Signed. Howe. Endorsed. Recd. 11th, Read 12th June, 1733.
2 pp. Enclosed,
|
|
118. i. Speech of Governor Lord Howe to the Council and
Assembly of Barbados, April, 1733. Regrets that the
settlement of his affairs prevented his earlier arrival.
But even during that delay he endeavoured to make
himself useful to them by representing the many hardships
and disadvantages the trade of the island labours
under and by soliciting for a speedy redress etc. Assures
them that several resolutions have already been agreed
to in their favour, and does not doubt, from the known
goodness of His Majesty and the justice of the British
Parliament, that they will have a considerable relief
in a very short time. Explains to the Assembly, that
though it may have been the custom of some Governors
upon their first coming to call a new Assembly, he
decided to call them together at the first opportunity
in order to the dispatch of necessary business. Refers to
Instructions, and will give them a copy of that relating
to himself. Refers to need of repairing fortifications.
Urges unanimity and agreement among themselves etc.
Copy. 2 pp. [C.O. 28, 23. ff. 83-84 v., 86 v.]
|
|
April [? 18].
|
119. Governor Lord Howe to the Duke of Newcastle.
Duplicate of preceding letter, mutatis mutandis, with addition :—
The Assembly now are adjourned for three weeks. I chose to put
their meeting off till then, that before I acquainted them with the
orders I had reced. from H.M. relating to the evacuation of Sta.
Lucia etc. I might have time to enquire into what had been done
in relation to that affair and to think of a proper person to send
to the Govr. of Martinique, for I already understand it was in a
great measure owing to the gentleman that was sent from hence
that affair miscarried. Though he is one of the Council here, I
must say he is very unfit to be sent on such an occasion, he is a
harmless good-natur'd man ; I hope your Grace will approve what
I have done, and not think it was through any neglect that I have
not yet put those orders in execution. I did it that everything
might be well done and that the French may not have it in their
power to make any pretence for a delay. I am sorry to acquaint
yr. Grace that the bill in which the Agents were appointed was
pass'd before I came, by the President Dottin, that it is not in my
power to obey yr. Grace's commands this year, but yr. Grace may
be assur'd I will do all I can to get Mr. Teissier in, the next.
I believe there is also a bill gone over by which the President has
given himself 500£ which I take to be directly contrary to his
Instructions, if yr. Grace wou'd have me take any notice of it to
him I shall obey yr. commands. Whether I shall get a settlemt.
or not, I can't tell. I am afraid it will be very difficult, they being
in a very bad condition, at first they absolutely declar'd they wou'd
make no settlemt. whatever, but I hope I have got them in a little
better temper. The Gentlemen of both the Council and Assembly
have declar'd to me they are much better pleas'd with the Instructions
as it now stands than if it had been restrain'd, they knew
nothing of ye petition from ye merchants and gentlemen in
England and shou'd have been very much against it. Signed,
Howe. Endorsed, R. 19 June. 3 pp. Enclosed,
|
|
119. i. Duplicate of encl. i preceding. [C.O. 28, 45. ff. 224-227.]
|
April 19.
Whitehall.
|
120. Council of Trade and Plantations to the Duke of
Newcastle. Enclose following to be laid before the King.
Autograph signatures. 1 p. Enclosed,
|
|
120. i. Same to the King. Enclose draught of Instructions for
Governor Lord Muskery "which are to the same purpose
as those given to Capt. Falkingham" etc. Autograph
signatures. Endorsed, R. 9th, Read and approved,
10th May, 1733. 1 p. [C.O. 5, 195. ff. 361, 363.]
|
120. ii. Draft of Instructions referred to in preceding. [C.O.
195, 7. pp. 289-339 ; and (without enclosure ii) 5, 195.
ff. 361, 363.]
The 65th and 66th Articles run as follows : And whereas
We did etc. 31st May, in the second year of Our reign
appoint Henry Osborne Governor of Newfoundland etc.
with powers to constitute and appoint Justices of the Peace
with other necessary Officers etc., which powers have
been continued to all Our subsequent Governors there,
and are contained in Our Commission to you ; You
are upon your arrival in that Island to make enquiry
what effect that Commission has had, how, and in what
manner such Justices of the Peace behaved in the
execution of that power. Whether the inhabitants and
planters have duly submitted thereto. And what, (if
any) obstructions have been given to the execution of
that authority, and to return your observations thereupon,
with what you think may be further done for
keeping the peace and quiet of the said Island, and of
the inhabitants residing therein to Our Commissioners
for Trade and Plantations. And whereas We have
been informed by certain memorials and petitions which
have been laid before us, from Bristol, Poole, and Dartmouth,
that notwithstanding all the precautions taken by
Our said Governors for preserving the peace in Newfoundland,
disputes had arisen between the fishing Admirals,
and our Justices of the Peace in the said island, and that
some of our said Justices had been guilty of great
irregularities, to the oppression of our good subjects,
which petitions, memorials, and papers thereunto
annexed, were delivered to Captn. Falkingham Governor
of our said island for the year 1732, now you are upon
your arrival at Newfoundland to enquire into the truth
of all such complaints and to supersede such Justices
of the Peace as shall appear to you to have acted
unwarrantably in the execution of their office. And
you are strictly to prohibit those who are or shall be
appointed Justices from interfering in any degree with
the fishing Admirals in such matters relating to the
fishery as are reserved for their jurisdiction by the aforesaid
Act for encouraging the Trade to Newfoundland,
taking care at the same time that the said Fishing
Admirals do their duty also, according to the intention
of the said Act, you are to be very particular in your
observations upon these subjects which you are to
return to us and to our Commissioners for Trade and
Plantations.
66. Whereas in the answers returned to the like
queries by some former Commodores, some of the columns
in the scheme of the fishery have been returned blank.
In case you find it necessary to do so likewise, you are
then to mention in such column, whether, the numbers,
prices, and quantities, belonging thereto are included in
any other column and in which column they are so
included ; or whether there was no fishing this year in
those harbours, or that there was fishing but that you
had not obtained any account thereof ; and if there be
any fishing in any other harbour in Newfoundland, not
in this scheme mentioned, or in the island of St. Peters,
or any other adjacent island, you are to add a column,
or columns, for the same, and insert therein the best
account you can get, with your remarks on such as you
think imperfect or doubtful in any of the particulars etc.
Scheme annexed. [C.O. 195, 7. pp. 289-339.]
|
April 19.
Whitehall.
|
121. Mr. Popple to Mr. Burchet. Encloses Heads of Enquiry
for Capt. Fytche etc. Those for Newfoundland being turned into
Instructions, as has been done for some years past, are laid before
H.M. etc. [C.O. 218, 2. p. 269.]
|
|
April 20.
|
122. Mr. Ashe to the Council of Trade and Plantations.
Explains occasion of enclosed and the reasons of the objectors.
(v. C.S.P. 17th Nov., 1732). In the Governor's answer (ii) he
bestowed much reproachful language on them and misrepresents
them as opposing H.M. prerogative, a censure they think very
unjust, for they have always carefully avoided touching on them
etc. Set out, N.C. Col. Rec. III. 439. Signed, Jno. Bapta. Ashe.
Endorsed, Recd. 20th June, 1733, Read 1st Aug., 1734. 1⅓ pp.
Enclosed,
|
|
122. i. Reasons offered in Council by Messrs. Rice and Ashe
against the dividing precincts and erecting new ones by
the Governor and Council alone etc. Copy. 2 pp.
|
|
122. ii. Governor Burrington's reply to preceding. Edenton.
26th Dec., 1732. Copy. 6½ pp.
|
|
122. iii. Reply to preceding. 3rd April, 1733. Signed, Nath.
Rice, Jno. Bapta. Ashe. 8¾ pp. (v. N.C. Col. Rec. III.
439.) [C.O. 5, 294. ff. 124-129, 130-134, 135 v.]
|
April 20.
|
123. Messrs. Rice and Ashe to the Council of Trade and
Plantations. Explain occasion of following protest, the Governor
having issued, without consulting the Council, warrants for lands,
contrary to H.M. Commission and Instructions, at 2s. 6d. Virginia
or Proclamation money for every fifty acres, and for much larger
quantities to some than by the King's Instructions he was
directed, and arbitrarily refusing others their right or proportion
allowed them by the King etc. This has drawn upon us H.E.'s
highest displeasure etc. By next conveyance will inform the
Board of the injuries he has done them for this reason etc. Set
out, N.C. Col. Rec. III. 457. Signed, Nath. Rice, Jno. Bapta.
Ashe. Endorsed, Recd. 20th June, 1733. Read 1st Aug., 1734.
1¾ pp. Enclosed,
|
|
123. i. Remonstrance by Messrs. Rice and Ashe against the
Governor's warrants for lands etc. 11th Nov., 1732.
Copy of C.S.P. 17th Nov. encl. i. 1½ pp.
|
|
123. ii. Reply by Governor Burrington in Council to preceding.
Signed, Geo Burrington. Copy. 2⅓ pp.
|
|
123. iii. Messrs. Rice and Ashe to Governor Burrington and
Council, 3rd April, 1733. Reply to No. ii. (v. N.C. Col.
Rec. III. 457.) Copy. 5½ pp.
|
|
123. iv. Petition of Edward Moseley to the Council of Trade
and Plantations. Complains of Governor Burrington's
attempt to exact from him £7 15s. Proclamation money
for warrants for 3100 acres of land to which he was
entitled under H.M. Instructions. Prays for relief.
Signed, E. Moseley. Copy. 3 pp.
|
|
123. v. Petition of Edward Moseley to the Governor and
Council. States above case and prays for issue of
warrants, petitioner being ready to pay legal demands
etc. Signed, E. Moseley. Copy. 2 pp.
|
|
123. vi. Copies of Correspondence relating to preceding.
Nos. iv-v. Endorsed, Recd. 20th June, 1733. 3 pp.
|
|
123. vii. Deposition by Messrs. Rice and Ash that above are
true copies etc. 7th April, 1733. Certified by Nath.
Rice, Jno. Bapta. Ashe. 1 p.
|
123. viii. (a) Protest offered by Messrs. Rice and Ashe in
Council, March, 1733, against the appointment of
William Owen to the Council by the Governor, there
being then eight Councillors in the Province.
(b) Deposition by Same. 7th April, 1733. The
Governor refused their request that above protest might
be entered, saying, "I'm Governor here ; I will do as
I think fit" etc. Signed, Nath. Rice, Jno. Bapta. Ashe.
Endorsed, Recd. 20th June, 1733. 1½ pp.
|
|
123. ix. Deposition of John Montgomery, Attorney General.
7th April, 1733. Complains of the Governor's treating
him publicly with indignity and abuse. His animosity
is so great that he believes he intends to take his life.
In January, coming into the house of one Trotter, without
any provocation he took up a chair and damned
deponent, then with all his force endeavoured to strike
him on the head etc. He disabled his arm, and attempted
to strike him a second time, then closing with him got
deponent down and with his knee several times violently
punched him on his belly etc. As he could not execute
his office in peace, deponent applied for a licence to
depart. H.E. desired him to stay till the next Council,
and then he should have a licence to go to the Devil and
at the same time challenged him to fight him in Virginia
etc. His friends have advised him to forbear appearing
in Edenton etc. Signed, John Montgomery. Endorsed,
Recd. 20th June, 1733. 1½ pp. [C.O. 5, 294. ff. 136-139,
140-150 v., 151 v., 152 v.]
|
April 20.
Burlington.
|
124. Governor Cosby to the Duke of Newcastle. Abstract.
On his arrival, he found that Lewis Morris, the Chief Justice was
generally disliked for his want of probity, delay of justice, excessive
pride and oppression of the people. He has not once been to
visit the Governor, so that he has had no opportunity of warning
him of these complaints. But things are now come to such a
pass, that he must remove him from the Bench. Gives instances
of his partiality, delay of justice, oppression of the people by
putting them to fruitless expence in their attendance on the Courts,
constantly adjourning them till 8 in the morning and not opening
them till 2 or 3 in the afternoon. This he does from pride in
making the world wait his leisure, and from intemperate drinking
in which he often spends whole nights. Sometimes on circuit he
has kept parties and juries awaiting him for days etc. Continues :
"When I had the honour to receive H.M. warrant, I sent Mr. Van
Dam a copy and made a demand of half the salary and perquisites
from Collo. Montgomery's death, he having secured the whole etc.,
but finding that I was to expect nothing from him, I retained
some lawyers who advised me to direct a suit to be commenced
against him in the King's name in the Equity side of the Exchequer,
for that the money must be still looked upon as the King's mony
till I actually received it. I did so and the Attorney Generall
haveing exibited his bill Van Dam pleaded to the jurisdiction or
rather to the very being of the Court, and then demurred. This
the lawyers thought so a extraordinary step, that they expected the
Judges would at first sight have discussed it, but the Chief Justice
being willing it should be argued, the King's Council in the
vacation prepared themselves to speak to the whole plea. But
when the day came on which it was to be argued, the Chief
Justice (without asking the opinion of the other judges) directed
them to argue only that part of the plea, which struck at the
jurisdiction of the Court, in the Equity side of the Exchequer" etc.
Suggests that this was unfair to the King's Council, whilst, as if
by inspiration, Van Dam's Council were adapted to that single
point and the paper which the Chief Justice read immediately
afterwards (v. Aug. 27, encl. ii) was to the very same purpose etc.
Describes how the second and third Judges, James Dehancey and
Fredrick Phillips, subsequently gave their opinions that the
Court had power to hold pleas in equity. Morris told them
publicly upon the Bench that their reasons were mean, weak and
futile, and that they were only his Assistants, giving them to
understand that their opinions were of no significance. This they
sharply resented, insisting on the force and justice of their
opinions, and their power and authority as Judges of that Court,
whereupon the Chief Justice left the Bench saying that by the
Grace of God he would sit no more there when any matters of
Equity came before them. Refers to his previous conduct.
Formerly he was for encouraging business to be brought before
him in the Equity side of the Exchequer, when he had only one
judge, a man of mean capacity, to assist him, but now he denies
the power of the Court. When he was President of the Council
of the Jerseys, he held a Court of Chancery, now he says there is
no such Court. The reason for these contraries is that, as
President of that Council at the time of Montgomerie's death, he
received the whole salary and perquisites there : being under
the like circumstances with Van Dam, he expects the like order,
and hopes by his partiality in this case to make it a precedent for
his own etc. Van Dam's Council offered the further objection that,
the Governor appearing by the King's order to be interested in
the event of the cause, and it being in his power to displace the
Judges, this suit ought not to proceed whilst that power exists
etc. The Judges would not admit such exceptions. They so
palpably reflect upon their integrity that they might well have
shewn their resentment more warmly. Morris publicly denounced
to one of the Councillors as illegal an ordinance about to be
brought into Council altering the times of holding the Supreme
Court and circuits, and repeating a former ordinance giving
powers to judges for appointing sittings of the Court of Exchequer
out of term for the dispatch of business in the Equity side of
that Court. Governor Montgomerie was obliged to suspend his
son, Lewis Morris, from the Council for his insolence. The
insolent papers the son then read at the Council Board were
drawn by his father. He then got himself elected a member of
Assembly and gave all the opposition he could to the measures
the house took to make the Government easy. Continues : But
when he found the revenue bill would pass, he endeavoured to stir
up contentions and create misunderstandings between me the
Council and Assembly, hopeing by these means to delay the
revenue bill, if not to defeat it, but he failed in all his attempts,
one whereof was to gett an act passed for establishing fees, his
father however was well pleased with his son's behaviour, for
being over his cups one publick day in a large company, wherein
some of the leading men of the Assembly were present, he took
upon him to condemn their conduct in those particulars wherein
they had served the Government, and opposed his son, and to
direct them in what manner they ought to exert themselves,
wherein without doubt he had an eye to the Boston Assembly
whose spiritt begins to diffuse itself too much amongst the other
Provinces etc. Criticises the Speech (Aug. 27, encl. ii), of which
he has not received the copy he demanded. The speech was
without doubt at first made to please the people, the things that
he striked at being such as their Representatives in Assembly
have made bold attempts against, the Court of Chancery and
establishing fees by the King's authority etc. The attempt to
destroy the Court of Chancery is popular in New York, there
having been great arrears of quit rents recovered in it, and people
are anxious lest the solidity of some of their grants of land be
questioned there." Discuses these points at length. "The other
Judges, the Attorney Genll. and the Councill retained for the
King in this cause say and are of opinion H.M. may establish any
Courts not repugnant to the Charter or common usage of the
Province. Sir E. Northey gave his opinion as to the cognisance
of the Court of Chancery, England. What is at present proposed
is not an ordinance for establishing a Court of Equity, but for
altering the terms or times for the sitting of the Court and circuits
etc., but as these are questions and disputes foreign to my education
and way of life, I shall not enter further into them" etc. ; but
assures his Grace that there is an absolute necessity to insist
upon the King's just prerogative especially since the wellfare of
his subjects is interwove with it etc. Thinks it his duty to support
the Court of Exchequer, and maintain H.M. prerogative to the
utmost of his power, especially at a time where his just and
reasonable authority is so avowedly opposed by our neighbours
at Boston. Hopes his Grace will approve of his displacing
Morris as a necessary step to prevent the like in this province,
or at least to deter others in authority from being advocates for the
Boston Principles" etc. Describes how Morris kept him waiting
before delivering to him the seals of New Jersey etc. Quotes
cases of Governors Hunter and Burnet displacing C.J.s in New
Jersey. Asks for confirmation. Concludes :—Your Grace remembers
how often Mr. Walpole has desired that I should hold Courts
of Equity towards supporting the King's prerogative, as well as
to recover his right, it being very seldome done by former
Governours here as being unpopular, has made this madman
oppose it in this extraordinary way." Set out, N.Y. Col. Doc. V.,
942 ; and N.J. Arch. 1st Ser. V. 329. Without signature.
Duplicate. 19 pp. [C.O. 5, 1056. ff. 51-60.]
|
|
April 20.
|
125. Extract from above letter. Endorsed, Recd. Read 29th
Nov. 1733. 2 pp. [C.O. 5, 1056. ff. 61, 61 v., 62 v.]
|
April 23.
|
126. Mr. Fane to the Council of Trade and Plantations. In
reply to 17th, is of opinion that H.M. has, by virtue of his
prerogative has a power to erect the tract of land granted to
Sir J. Eyles etc. (v. 23rd Feb., 30th March), into a county, or
annex the same to a county etc. The proper method, etc., and
most consistent with the honour and dignity of the Crown will
be to impower the Governour, by a particular Instruction from
H.M., to put H.M. orders in execution etc. Signed, Fran. Fane.
Endorsed, Recd. 23rd, Read 26th April, 1733. 12/3 pp. [C.O. 5,
1056. ff. 29, 29 v., 36 v.]
|
April 24.
Boston.
|
127. Governor Belcher to the Duke of Newcastle. Since his
letter of Jan. (5th), has been to New Hampshire. Encloses proceedings
of Council and Assembly. His Grace will do therein as
he judges fit for H.M. service etc. Continues :—Your Grace will
see, notwithstanding all I have said to that Assembly, there is
not (nor has been for a long time) any money in the publick
Treasury, which exposes the King's Government, and his people
to great hazards and inconveniencies, and since the Assembly
wou'd supply no money for the publick weal and safety, I thought
it proper to dissolve them, hoping a new choice may bring together
an Assembly, dispos'd to do their duty to their King, and to their
country. I am very sorry to have the occasion of acquainting
your Grace of a high insult offer'd to His Britannick Majesty in
an attack upon one of His Royal Navy by two Spanish men of
warr, near the Island of Tortuga, of which the inclos'd print (fn. 1) will
give your Grace some particulars. But as Capt. Durell of H.M.S.
the Scarborough (was the ship so insulted) tells me he does by this
conveyance send an account at large of this matter to the Lords
Commissioners of the Admiralty etc., I forbear troubling your
Grace any further etc. P.S. Encloses Journal of the present
Assembly of the Massachusetts Bay. Signed, J. Belcher. 4 pp.
Enclosed,
|
|
127. i. Minutes of Council of New Hampshire 24th Feb.—
10th March, 1733. Copy. Certified by, R. Waldron,
Secry. 28½ pp.
|
|
127. ii. Journal of Assembly, N.H., 28th Feb.—10th March,
1733. Copy. Certified by, R. Waldron Secr., J. Belcher.
29 pp. [C.O. 5, 899. ff. 32-33 v. (covering letter only) ;
and (enclosures only) 5, 931. ff. 19-133, 135-141.]
|
April 25.
Whitehall.
|
128. Council of Trade and Plantations to the Duke of
Newcastle. Enclose following to be laid before H.M. Annexed,
|
|
128. i. Same to the King. Enclose following draughts of
Instructions, "which are to the same purpose as those
given by your Majesty to the Earl of Londonderry etc.,
except some few alterations and additions which
have been already approved by your Majesty for other
Govrs. of your Majesty's Plantations in America. But
we have not prepared any Instruction with respect to
the additional salary which may be settled upon
Mr. Mathew by the Assemblies of the Leeward Islands,
because we have already represented our opinion upon
that subject (v. C.S.P. 26th May, 1730), whereupon your
Majesty's Royal determination has not yet been signified.
There being one vacancy in your Majesty's Council of
Antigua by the death of Edwd. Warner Esq., we have
in his stead inserted the name of John Vernon ; and
there being five vacancies in the Council of St. Xtophers
we have supply'd that number by inserting the names
of Wavel Smith, John Douglas, Abram Payne, Joseph
Phipps and William Mathew junr. Esqrs., of which the
first four were some time since appointed by your
Majty's. Govrs. and Commanders in Chief to complete
the number of seven agreeable to powers granted them"
etc.
|
|
128. ii., iii. Draught of General Instructions and Instructions
relating to the Acts of Trade and Navigation for William
Mathew, Governor of the Leeward Islands. [C.O. 153.
pp. 140-224.]
|
|
April 25.
Whitehall.
|
129. Council of Trade and Plantations to the Committee of
the Privy Council. Representation upon complaint of Thomas
Beake against Wavell Smith etc. (v. C.S.P. 19th May, 1731) ;—
Mr. Smith was constituted a member of H.M. Council in St.
Xtophers by the late Earl of Londonderry at a time when the
number of Councillors was under seven, in which case the Govrs.
of all H.M. Plantations are impowered by their Instructions to fill
up their respective Councils to that number. It has likewise been
a frequent practice for the Secretaries of the Plantations to be
members of the Council in their respective Governments, and no
complaints having been made against Mr. Smith as a member of
H.M. Council in St. Xtophers, we have left his name in the Instructions
prepared for Mr. Mathew etc. But as some doubts have
arisen, whether the office of Clerk of the Council be consistent
with that of a Councillor, altho' exercised by Deputy as Mr. Smith
claims the office of Clerk of the Council by virtue of some general
words only in his patent, we would submit it to your Lordships
whether it may not be proper that Mr. Smith should continue in
the Council of St. Xtophers till it shall be decided whether these
officers be compatible and if they are judged not to be so, that
then Mr. Smith may have his option which of the two he will
renounce. [C.O. 153, 15. pp. 225, 226.]
|
April 27.
Whitehall.
|
130. Order of the Committee of Privy Council. Referring
following to the Council of Trade and Plantations, to state the
facts and examine and report whether petitioner's grant doth
differ from other grants of lands made by the late Lords Proprietors
etc. Signed, Temple Stanyan. Endorsed, Recd. 4th, Read 8th
May, 1733. 1½ pp. Enclosed,
|
|
130. i. Petition of Robert Thorpe to the King. Petitioner
having purchased for £450 sterl. 9000 acres of a barony
of 12000 granted by the late Lords Proprietors of South
Carolina to Isaac, as trustee for Thomas Lowndes in
1726, which have been surveyed and allotted to him by
the Surveyor General there ; but said survey having
been made without a warrant from H.M. Governor to
empower the Surveyor, and the Governor refusing to
grant warrants for surveying lands claimed under
patents from the Lords Proprietors without knowing
H.M. pleasure, (though the same are excepted in the Act
of Parliament for confirming the surrender of the Lords
Proprietors), prays for H.M. directions to the Governor
not to molest him in his possession thereof etc. Signed,
Robert Thorpe. Copy. 3 pp. [C.O. 5, 362. ff. 153-155,
156 v.]
|
April 27.
Kingston,
Jamaica.
|
131. Mr. Telednor to Mr. Forbes. Encloses following with
request to correct it, if necessary, and lay it before his Grace,
the author being "no maker of memoirs, prety much taken up
with his own private affairs, and unacquainted with ye method of
adressing a Minister of State" etc. He was encouraged to lay
his remarks upon the affairs of the country before the Ministry by
a Member of Parliament who has a very good place under the
Government etc. Those affairs grow more and more perplexed
every day, and their endeavour to extricate themselves are like
a man's struggling in the mire. Some men of honour and worth
now talk of leaving the country. The first necessity is "to put a
Governour in a condition not to fear any enemys, either at home
or abroad, and suport his authority with such power as will
inable him to overcome ye difficultys that may be rais'd by
covetous, and ill designing men" etc. Signed, J. Telednor.
Endorsed, R. from Mr. Forbes in Oct. 1733. 1 p. Enclosed,
|
|
131. i. Mr. Telednor to the Duke of Newcastle. Jamaica.
April 27th, 1733. Abstract. Feels obliged to represent
the state of affairs and weakness of the country. Some
of the inhabitants have frankly owned to him that, if
the Spaniards had any spirit or courage, or were helped
by the French, they might easily make themselves masters
of it. A strong squadron will indeed always be a check
on them, but the winds, which are sometimes the most
terrible enemies we have, may render shipping of little
service. The Island is inhabited by four different
nations, the English, Scots, Irish and Jews. "By a
modest computation two-thirds of the pretended
Christians are not only disafected to the present Government,
but zealously in the interest of the Pretender, and
of such characters that it's allmost a disgrace to have
any intimacy with them. The much greater part of
them all are involved in debts, and a great many under
prosecution, and so entangled, that 'tis impossible they
should ever clear themselves without some extraordinary
event." They might prove a broken reed, if tampered
with by an enemy who designed an invasion. Refers to
Governor Hunter's reports upon the rebellious negroes,
"with this adition only, that ye rebel negroes are sayd
to keep constant correspondance with ye Spaniards of
Cuba." As to the French, he learned on touching at
Don Maria Bay that there were 1500 courieurs de bois
in that part of Hispaniola alone, whilst an inhabitant of
Martinique has recently informed me that there are
constantly 2000 regular troops there etc. It will be an
age before the fortifying and settling Port Antonio is
completed and will cost abundance of men and money.
So with the method used in attacking the negroes.
"The one seems to me like sending people for health in a
countrey infected with ye plague. The other is like
sending a great number of men separately and one after
the other, to attack an intrenchment or a pass, well
guarded by a few etc. "Few people go to Port Antonio
but are glad to escape with a severe fit of sickness only
and ye expeditions heitherto made against ye negros
have been scandallous, and has serv'd only to spirit 'em
up and make soldiers of them" etc. Proposes that
1000 men, not regular troops, but married men of some
trade, be raised and sent from England under half pay
officers etc., with a promise of a grant of land as soon as
the negroes are reduced etc., subsequently up to 10,000
such men might be sent. Port Antonio must be made
healthy by cutting down the woods about it, on which
these men might be employed and in making roads up
into the mountains etc. All this to be done at the cost
of the Government, for the island is very weak and poor
and much divided, and if the work is left to them, it will
go on little better than it has been done already etc.
Signed, J. Telednor. 6 closely written pp. [C.O. 137,
54. ff. 366, 367, 368-370 v.]
|
April 30.
St. James's.
|
132. H.M. Warrant appointing James Wedderburn Clerk of
the Common Pleas in S. Carolina. Countersigned, Holles
Newcastle. Copy. [C.O. 324, 50. pp. 98, 99 ; and 324, 36.
pp. 410, 411.]
|