America and West Indies
May 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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90-107

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'America and West Indies: May 1733, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 40: 1733 (1939), pp. 90-107. URL: http://www.british-history.ac.uk/report.aspx?compid=79270 Date accessed: 22 July 2014.


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Contents

May 1733, 1-15

May 1.
Cockpit, Whitehall.
133. Order of Committee of House of Commons. Mr. Tuder to Mr. Popple. By order of the Committee who are to inquire into frauds in the Customs etc., you are to lay before them the Representation of the Council of Virginia to the Lords Commissioners for Trade etc., 11th Sept., 1713. Signed, Jos. Tuder. Endorsed, Recd. 1st, Read 2nd May, 1733. Addressed. 1 p. [C.O. 5, 1323. ff. 67, 70 v.]
May 2.
St. James's.
134. H.M. Warrant appointing Robert Burnett Secretary of New Jersey, in the place of James Smith decd. Countersigned, Holles Newcastle. Copy. [C.O. 324, 50. pp. 78, 79 ; and 324, 36. p. 409.]
May 2.
Whitehall.
135. Council of Trade and Plantations to the Lords of the Committee of the Privy Council. Reply to 23rd Feb., on petitions of Sir J. Eyles and Mr. Paris. Conclude : Having heard what each party had to offer etc., we are humbly of opinion, that it may be for H.M. service to annex the lands in question to some county contiguous to them in New York, and that the proper method of doing this will be by a particular Instruction for that purpose to Govr. Cosby etc., directing him to choose the most convenient county or counties for that purpose. [C.O. 5, 1125. ff. 297, 298.]
May 2.
Charles Town.
136. Governor Johnson to the Council of Trade and Plantations. Encloses Naval Officer's list of ships entered and cleared for the quarter ending Lady day last. Signed, Robt. Johnson. Endorsed, Recd. 4th July, 1733, Read 28th Aug., 1735. 1 p. [C.O. 5, 364. ff. 230, 234 v.]
May 3.
St. James's.
137. H.M. Commission appointing Gilbert Fleming Lt. General of the Leeward Islands. Copy. [C.O. 324, 49. pp. 117, 118 ; and 324, 36. pp. 411-413.]
May 3.
St. James's.
138. H.M. Commission appointing Gilbert Fleming Lt. Governor of St. Christophers in the room of William Mathew. Copy. [C.O. 324, 49. p. 119 ; and 324, 36. p. 414.]
May 3.
Burlington.
139. Governor Cosby to the Duke of Newcastle. Duplicate of 20th April q.v. Endorsed, The original sent to Mr. Sharpe, Dec. 6, 1733. Copy. 21¼ pp. [C.O. 5, 1093. ff. 269-279 v., 280 v.]
May 4.
Council Chamber.
140. Governor Johnson to the Council of Trade and Plantations. I have now by Mr. Yonge sent your Lordships an Act for preventing litigious and troublesome suits against H.M. Justices on account of the Habeaus Corpus Act, and also a copy of the said Habeas Corpus Act as in force here ; and must leave it to Mr. Yonge to state that matter to your Lordships, and the reasons that induced me to give my assent etc. I thought there was the greatest necessity to put a stop to such litigious proceedings as was threatened by some lawyers, who had been committed by the Lower House of Assembly for contempts and breach of priviledge and who had industriously procured those committments, in order to raise contributions from the Magistrates ; I hope it will meet with H.M. approbation, it being designed but as a suspention of proceedings at law on that act, untill H.M. pleasure be known etc. Signed, Robt. Johnson. Endorsed, Recd. 4th July, 1733, Read 25th Jan., 173¾. 1½ pp. Enclosed,
140. i. Copy of Habeas Corpus Act, S. Carolina, 1712. Same endorsement. 3 pp. [C.O. 5, 363. ff. 27-28, 29, 30, 30 v., 31 v.]
May 4.
Charles Town.
141. Governor Johnson to the Duke of Newcastle. Duplicate of preceding, mutatis mutandis. Signed, Robt. Johnson. Endorsed, R. 4th July, (by Mr. Yonge). 1¾ pp. [C.O. 5, 388. ff. 104, 104 v., 105 v.]
May 5.
Jamaica.
142. Governor Hunter to the Council of Trade and Plantations. On the 14th of last month I receiv'd by Mr. Gregory the honor of your Lordship's letter of the 13th of September last and shall conform myself to what I am injoyn'd therein. Mr. Pusey is here what he was in England a bankrupt and of no significancy. There is at present a vacancy in the Council by the resignation of Mr. Stout who living in the remotest part of the island could not attend, and for that reason thought fitt to leave his seat there for one who would. I have formerly recommended William Gordon Esq. as every way qualify'd etc. Some differences happening between the Council and Assembly, the nature of which your Lordships will learn from the inclosed etc. (v. encl. i.), oblig'd me to put an end to them and the Session by a short prorogation, after having pass'd the four acts the titles of which are here inclos'd etc. (v. encl. ii.). Refers to Speech, encl. iii. Continues :— On the second in order to lead the well inclin'd out of a labyrinth into which the men of artifice had bewilder'd them, I sent them the message enclosed etc. (v. encl. iv.) which to appearance has had no bad effect, for they have now under their consideration several good bills, one for raising of a force for suppressing the negroes, which they have new model'd by a copy of the Council's amendments to the former, which were privately given to their Committee ; one for more speedy and effectual payment of quitt rents, one for bringing in the outstanding debts, an act for raising several sums of money not lyable to the objections which lay against that formerly pass'd for that purpose, and an act for better regulating the Militia. In the first hurry and fright they address'd me for leave to Capt. Lambe and Williams, two partisans commission'd by me, to beat up for volunteers, and that done to send them to the North side, they engaging to make good that expens ; both which I comply'd with, partly to keep them in humor, partly that the rebels might see that notwithstanding the defeats and desertion of our partys we were determin'd to pursue them at any rate, and for the further security of that place and the plantations adjacent, tho' these two officers were lyable to exception for having on the last expedition not follow'd their express orders, of which I had acquainted the House. I write this in much hast, these ships being to sail forthwith. I shall have frequent opportunitys by other vessels to inform your Lordships more minutely of everything that passes here, and beg leave to assure you that nothing shall be left undone on my part etc. Signed, Ro. Hunter. Endorsed, Recd. 23rd July, Read, 28th Novr., 1733. 3½ pp. Enclosed,
142. i. Reciprocal messages from the Council and Assembly of Jamaica, 24th—27th April, 1733. The Assembly assert their right to raise and apply money, like the House of Commons, and repudiate the Council's assertion that they are not accountable to any but the King for the advice they gave for the dissolution of the last Assembly etc. v. Journals and Minutes of Council and Assembly. Endorsed as preceding. Copy. 4½ pp.
142. ii. List of acts passed April, 1733. (i) To oblige the inhabitants to provide themselves with a sufficient number of white people, or pay certain sums of money in case they should be deficient etc. ; (ii) to secure the freedom of elections etc. and to ascertain who shall be deem'd mulattos etc. ; (iii) for the manumission of the wife and children of a free negro man Sambo, and of other negroes, and for recompencing their respective owners ; (iv) to entitle John Golding senr. of the parish of Vere, planter, and his family to the rights and priviledges of Englishmen born of white ancestors. Endorsed as covering letter. ¾ p.
142. iii. Governor Hunter's Speech to the Council and Assembly of Jamaica. 1st May, 1733. Urges them to complete the business recommended to them last session. Copy. ¾ p.
142. iv. Message from Governor Hunter to the Assembly. 2nd May, 1733. Having duly weigh'd the causes of the bad success, that has attended the schemes hitherto concerted for the reduction of the rebellious negroes, he recommends for their consideration, that, (i) if there were a force raised of about 150 white and 50 blacks, and such of the soldiery employed in the country's service permitted to enlist in the Independent Companies, so that there may be numbers sufficient to attack and dislodge the rebels and take post in the avenues, in order to obstruct their escape to the woods etc., (ii) if a requisite number of baggage negroes be raised in a more expeditious manner than what has been proposed and solid funds enacted, adequate to the expence etc., (iii) if the articles of war heretofore in force be re-enacted and the conduct of the whole left to the Executive power where H.M. has lodg'd it, and where alone it can and ought to be, with any prospect of success ; the Governor doubts not, he may in a short time put an end to the present dangers from the slaves in rebellion, ere they grow to a height too great for any remedy within their power. Copy. 1 p. [C.O. 137, 20. ff. 118-122, 123 v., 124, 125, 126, 129 v., 130 v., 131 v.]
May 7. 143. Mr. Fane to the Council of Trade and Plantations. Reports upon 13 Acts of Virginia, 1732. Concludes :—All these acts are for confirming agreements, which have been made between parties for the exchange of lands, and for settling where any of the lands exchanged are entailed, lands of as great or greater value to the same uses. This is a method of proceeding very common in the Plantations, and often attended with great conveniency to particular familys ; and I know of no objection to it ; provided the Legislature is careful that no prejudice be done in the exchange, to such estates as are by deed or will entailed. It is recited in all the acts, that the lands settled to the same uses as the entailed lands are of as great or greater value. But upon a strict examination of the acts, I found that the quantities of the acres of land, exchanged for the entailed lands in some of the acts, were less in number than the entailed lands ; and consequently judged, that they might not be of equal or greater value. But Sir John Randolph, who has attended me upon these acts, says etc. (in enclosed letter) that the lands in Virginia are of no certain yearly value, but are estimated just as chattells are ; so that one acre being, on account of its goodness, sometimes of more value than ten of barren land, no regard is to be had to the number of acres. He also certifies that before these acts passed, the Assembly of Virginia made a regular and strict enquiry into all the matters suggested therein, and found them proved to their satisfaction etc. Signed, Fran. Fane. Endorsed, Recd. 7th May, Read 26th June, 1733. 3½ pp. Enclosed,
143. i. Sir John Randolph to Mr. Fane. April 12th, 1733. Described in preceding. Signed, John Randolph. 1 p. [C.O. 5. 1323. ff. 72-74 v.]
May 8.
Jamaica.
144. Governor Hunter to the Duke of Newcastle. I had the honor to write to your Grace on the 18th of January last concerning the Spanish vessel St. Michael wrecked on the Caymanas ; on the 29th of the same month I reced. inclos'd in a letter from Messrs. Pratter and Rigby, Factors to the Assiento Company, an affidavit or rather confession of one Jordain, master of a sloop belonging to said Pratter ; in his affidavit he declares that he plunder'd the said vessel together with one Par, and afterwards devided between them what they had so taken, he also mention'd in his affidavit several other persons who he thought could make further discoverys of what had been plunder'd or taken from the said St. Michael. I immediately upon the receipt of the affidavit sent for the Attorney General who was of opinion that a prosecution could not regularly be carry'd on against the said persons for the recovery of the effects taken out of the said St. Michael, as there was no person legally impower'd here either from the owners of the said goods or effects, or from the King of Spain to prosecute ; but as the affair appear'd to me in a criminal light, I gave him strict and positive orders to prosecute them and to prepare proper warrants for the apprehending of all such as could be discover'd to have been any way concern'd in the plunder, which warrants I sign'd myself and deliver'd to the Provost Marshall with a strict charge to execute his office ; some have been apprehended, and recognizances are taken for their appearance at the next Grand Court, against which time I hope more may be taken, so that the Attorney Genll. may make a choice of his evidence and be able to prosecute with effect ; I have given to Mr. Concanen the same orders I gave to former Attorney Generals, and shall as I have hitherto done do all that is possible for me to do, both to recover the effects so plunder'd and to punish the plunderers. I am with the greatest honor, My Lord, Your Grace's most humble and obt. servt., Signed, Ro. Hunter. Endorsed, R. 1st July. Copy to be sent to Mr. Keene, 16th Aug., 1733. 2 pp. [C.O. 137, 54. ff. 236, 236 v., 237 v.]
May 8.
Jamaica.
145. Same to Same. Encloses copy of letter to Council of Trade (v. No. 142). Continues :—This week will determine the matter as to the Assembly's doing anything effectually for the security or safety of this island, so that by the next ships your Grace may expect a more particular account. I have lately received from the Governor of St. Iago de Cuba an answer to mine, together with a long auto or factum, which when translated, I shall transmitt to your Grace ; he has also wrote to Sr. Chaloner Ogle on the same subject, but I have not seen Sr. Chaloner since he return'd from the north side, when I do I hope we may agree upon what may be most expedient to be done at this juncture. I have appointed Mr. Gregory Chief Justice here in the room of Mr. Mill, who, on account of his bad state of health press'd for his quietus. Lieut. Graham of my Company dy'd two days ago ; I beg leave to recommend to your Grace's favour James Crawford who was an Ensign in Col. Cope's Regiment, and if I am rightly inform'd, the only officer not provided for. Signed, Ro. Hunter. Endorsed, R. Aug. 3rd. 1¾ pp. Enclosed,
145. i. Copy of H. to Council of Trade. 5th May.
145. ii-v. Copies of 5th May encl. i-iv.
145. vi. Governor of Santiago de Cuba, to Governor Hunter. 5th May (N.S.), 1733. Expresses indignation at the evil intent and falsehood of John Harris, and his ingratitude for his good treatment. Encloses following statement. For his own part, he might have been content with having maintained Harris without expence in his palace. Continues : My object in fitting out the cruiser to take and bring to this port the said sloop (balandra), was not to inflict any damage, but to ascertain the truth of the information given me by the Captain General of this island, of there being 24 men of war in Jamaica, the design of which was not known ; and in any case it is always necessary for us who are entrusted with the government of these places to distrust what may happen, as was done by your Excellency or your predecessor, who on receiving notice that several ships had been seen to come into this port, fitted out a ship of war which took an advice-ship coming from Spain with His Catholic Majesty's packets for the several places in his Dominions, and carried her to Jamaica, where she was detained some time etc. Two sloops were likewise carried into your [port], and when I knew the reason you had for this proceeding, I made no complaint, deeming it permissible for everyone to take care to secure himself against what damage may come upon him. In reply to your enquiry as to the source of my information, what I know for certain is, that a sloop came into the City of Havana from New England, commanded by Capt. Dursey, who gave the Governor the said news etc. Your Excellency may depend upon my desiring to maintain the good correspondence there ought to be, and especially with you, as you have experienced and will continue to do etc. Signed, D. Pedro Igno. Ximenez. Spanish. Copy. 32/3 pp.
145. vii. Proceedings at Santiago in the case of the Mary sloop, John Harris, master. Spanish. Copy. 26½ pp. [C.O. 137, 54. ff. 205, 206 v., 208-221, 222, 222 v., 223 v.-228, 230, 232, 234.]
May 10.
St. James's.
146. Order of King in Council. Approving draught of Commission for Governor Mathew. Signed, W. Cary. 1¼ pp. [C.O. 5. 195. ff. 227, 227 v.]
May 10.
St. James's.
147. H.M. Warrant for above Commission. Countersigned, Holles Newcastle. [C.O. 5, 195. ff. 233-242 v.]
May 10.
St. James's.
148. H.M. Instructions for Governor Fitzwilliam. Signed, G.R. [C.O. 5, 195. ff. 309-330.]
May 10.
St. James's.
149. H.M. Instructions for Same, relating to the Acts of Trade and Navigation. [C.O. 5. 195. ff. 331-346, 347 v., 348.]
May 10.
St. James's.
150. Order of King in Council. Approving draught of Commission for Governor the Lord Muskerry, Commander of H.M.S. Rumney. Signed. W. Cary. 1⅓ pp. [C.O. 5, 195. ff. 355, 355 v.]
May 10.
St. James's.
151. H.M. Warrant for preceding Commission. Countersigned. Holles Newcastle. [C.O. 5, 195. ff. 357-360.]
May 10.
St. James's.
152. H.M. Instructions for Governor Lord Muskery. (v. 19th April.) [C.O. 5. 195. ff. 365-381 v.]
May 10.
St. James's.
153. H.M. Warrant for Commission to Governor G. Johnston, and revoking that of Governor Burrington. Countersigned, Holles Newcastle. Set out, N.C. Col. Recs. III. 474. [C.O. 5, 195. ff. 389-397.]
May 10.
St. James's.
154. Order of King in Council. Approving draught of Commission for Governor G. Johnston. (5th April.) Set out, N.C. Col. Rec. III. 474. Signed, W. Sharpe. Endorsed, Recd. 16th, Read 19th June, 1733. 1 p. [C.O. 5, 294. ff. 67, 70 v.] ; and (signed, W Cary) 5, 195. f. 387.]
May 10.
St. James's.
155. Order of King in Council. Approving draught of Instructions for Govr. Fitzwilliam, and four new Councillors, as proposed by Council of Trade. Signed, W Sharpe. Endorsed, Recd. 16th, Read 19th June, 1733. 12/3 pp. [C.O. 23, 3. ff. 68, 68 v., 72 v.]
May 10.
St. James's.
156. Two Orders of King in Council. Approving draughts of Commission, and Instructions for Governor MacCarty. Signed, W. Sharpe. Endorsed, Recd. 6th, Read 19th June, 1733. 2 pp. [C.O. 194, 9. ff. 173, 174, 176 v.]
May 10.
Boston.
157. Mr. Willard to Mr. Popple. Encloses Journal of Assembly of the Massachusetts Bay, 1st Nov. to their dissolution, with Acts passed during that term, and Minutes of Council for half year ending 1st Feb. Concludes : The Treasury having been in a manner shut up for two years past, the Treasurer has had no accompt allowed since the last I sent you. Signed, J. Willard. Endorsed, Recd. 25th June, Read 30th Aug., 1733. 2/3 p. Enclosed,
157. i. Proclamation by Governor Belcher. Boston. 16th Feb., 1732/3. Quotes Order in Council 10th Aug., 1732, relating to lands between the Rivers Kennebec and St. Croix and revoking Instructions of 27th April, 1730, relating to the settling of lands between the rivers Penobscot and St. Croix. Persons having a lawful claim thereto, and having been unjustly disturbed in the possession of them will be protected by the laws of this Province etc. Signed, J. Belcher. Endorsed, Recd. 25th June, 1733. Printed by, J. Draper, Printer to His Excellency and Council. 1 p. [C.O. 5, 875. ff. 224, 225 v., 227, 227 v.]
May 10.
St. James's.
158. Order of King in Council. Appointing Henry Lane and Daniel Horsmanden to the Council of New York, in the room of Robert Walters and Wm. Provoost etc. Signed, W. Sharpe. Endorsed, Recd. 16th, Read 19th June, 1733. 12/3 pp. [C.O. 5, 1056. ff. 31, 31 v., 34 v.]
May 10.
St. James's.
159. Order of King in Council. Appointing William Provoost to the Council of New Jersey in the room of John Hugg deed. Signed, W. Sharpe. Endorsed, Recd. 16th, Read 19th June, 1733. 12/3 pp. [C.O. 5, 972. ff. 249, 249 v., 250 v. ; and (signed, W. Cary) 5, 21. ff. 31, 31 v.]
May 10.
St. James's.
160. Order of King in Council. Appointing Henry Lane and Daniel Horsmanden to the Council of New York, as proposed by the Council of Trade. Signed, W. Cary. 12/3 pp. [C.O. 5, 21. ff. 29, 29 v.]
May 10.
St. James's.
161. Order of King in Council. Approving draught of Commission for Governor Mathew etc. Signed, W. Sharpe. Endorsed, Recd. 16th, Read 19th June, 1733. 1¼ pp. [C.O. 152, 19. ff. 149, 149 v., 154 v.]
May 10.
St. James's.
162. Order of King in Council. Confirming Act of Antigua repealing part of Act constituting a Court of Chancery etc. Signed and endorsed as preceding. 12/3 pp. [C.O. 152, 19. ff. 151, 151 v., 152 v.]
May 10.
St. James's.
163. Order of King in Council. Approving following report by the Committee for Plantation affairs upon an Address from the Council and Assembly of the Massachusets Bay, praying H.M. to revoke the 16th and 30th Instruction of Governor Belcher. The Committee report that by the 16th Instruction the Governor is required not to give his assent to any act whereby any bills of credit may be issued, with a suspensory clause etc., except only for the annual support and service of H.M. Government, not exceeding £30,000 in such paper bills. This permission to continue only untill H.M. further pleasure be known, and the Governor to take especial care that no more than £30,000 of such bills be ever current at one and the same time etc. By the 30th Instruction the Governor is required to take care that no money be raised or bills of credit issued but by acts of Assembly, in which one or more clauses of appropriation may be inserted, but that the passing all accounts for payment and the issuing of all moneys so raised or bills of credit be left to the Governor with the advice and consent of the Council according to their Charter subject nevertheless to a future enquiry of the then present or any other Assembly as to the application of such moneys. The Lords of the Committee think it incumbent on them to lay before your Majesty the reasons upon which these Instructions were originally grounded together with an account of the severall applications that have been made to your Majesty by the Assembly against them etc. With regard to the 16th Instruction, it appears that a most pernicious practice had for many years prevailed in severall of your Majesty's Plantations in America of passing acts for striking bills of credit and issueing the same in lieu of money in order to discharge their publick debts etc. From whence great inconveniences having arisen, his late Majesty thought proper in 1720 to send Additional Instructions to all his Governors in America etc., to restrain them from giving their assent to any act for striking or issuing bills of credit without a clause to prevent the same taking effect till approved by the Crown, excepting acts for raising and settling a public revenue for defraying the necessary charges of Government etc. Under colour of this exception, the Assembly of the Massachusets Bay continued to pass acts for striking and issueing bills of credit, whereby a greater number of such bills were circulated and the publick debt increased, and as the provision made for the gradual discharge of these bills was not satisfactory to the publick, their credit was so farr sunk, that £340 of them was only equal in value to £100 sterling which coud not but tend to the great detriment of the creditors of the Province, to the entailing a heavy load on all the estates there, and to the loss of the British merchants trading to the Massachusets Bay. In order therefore to remedy these inconveniencys and to put an effectual stop thereto, your Majesty was pleased in 1727 to instruct Governor Burnett etc., not to assent to any act for the issueing new bills of credit without inserting a clause to prevent such act from taking effect till your Majesty shoud approve thereof, which Instruction subsisted till the year 1730, when your Majesty was pleased to appoint Jonathan Belcher Governor etc., who having represented that in order to supply the annual service of the Government it was absolutely necessary to issue a further quantity of paper money, your Majesty was graciously pleased to allow him to assent to the issueing any number of new bills of credit for the current service of the year not exceeding £30,000 in value, provided that no more than £30,000 of such bills shoud be ever current at one and the same time. Which being added to the aforementioned Instruction to Mr. Burnett formed the 16th Instruction now complained of. And your Majesty was pleased at the same time to require Governor Belcher to take care that the bills of credit then standing out shoud be called in and sunk according to the periods and provisions of the respective acts by which they were issued. Notwithstanding this indulgence of your Majesty to the people of the Massachusets Bay, it appears that in 1731 the Assembly addressed your Majesty to give them leave to issue a greater quantity of these bills and to deferr the calling of them in to the distance of eleven years representing that every year within that time, was greatly incumbred with debts. But this Committee having humbly represented to your Majesty that the allowing the Governor by the said Instruction to issue £30,000 in such bills was a condescention on the part of the Crown, and ought to have satisfied the said Assembly, especially as they had not informed your Majesty by their Address what funds they had or might purpose to establish for discharge of such new bills, and in what proportions and by what methods the same should be cancalled and likewise that the Governor was not restrained by the said Instruction from assenting to any act for increasing the paper currency provided there was a suspending clause inserted in the said act to prevent the same taking effect till your Majesty should have approved thereof, your Majesty was pleased to declare your royal pleasure not to make any alteration in the said Instruction. And as the present application is of the same nature with the former and as no new reasons are offered by the Assembly, the Lords of the Committee do humbly report it as their opinion to your Majesty that no alteration ought to be made in the said 16th Instruction. As to the occasion of giving the 30th Instruction etc., in 1729 the Agents for the House of Representatives presented a petition to your Majesty in Councill containing severall articles of complaint against the then Governor, Wm. Burnet Esq., and amongst others that he had refused to agree with the Assembly in the methods proposed by them for the supply of the Treasury for the current service of the year. This petition being examined into by the Lords of this Committee they found, that the method so proposed by the said Assembly for raising money, was by way of resolve and that in such resolve they had reserved to themselves a power of determining that accounts shoud or shoud not be paid even after the services had been performed and before the Governor was at liberty to issue any money for payment of such accounts ; which method of raising money appeared to the Committee to be very improper, and not warranted by the Charter etc., no power being thereby given to raise money but by act of Assembly. And it further appeared the issuing and disposing of all moneys when raised is, by the sd. Charter left to the Governor with the advice and consent of the Councill and the Agents etc. did admit that the method of the House of Representatives in these particulars ought to be regulated, and engaged to write to the said House to acquaint them therewith. This gave occasion to the issueing the 30th Instruction etc. Quoted. Notwithstanding this Instruction was framed strictly agreable to the Charter and even to the opinion of their own Agents, the House of Representatives in 1731 presented an Address to your Majesty in Councill complaining thereof and praying your Majesty to recall the same, which Address having been maturely considered by this Committee, their Lordships did thereupon humbly report that if your Majesty should withdraw your Instruction the Assembly etc. would be in possession of a power superior to any which the British House of Commons lays claim to in cases of the same nature and which the Assembly had fallen into the practice of, in direct contradiction to the tenour of their Charter, by which Charter though they are impowered to raise money by acts of Assembly for the support and defence of the Province, yet the destribution of that money is by the same Charter expressly reserved to your Majesty's Governor with the advice and consent of the Councill and that therefore no alterations ought to be made in the said Instruction, which opinion your Majesty was pleased to approve and to declare that no alterations shoud be made in the said Instruction. After this declaration of your Majesty's royal pleasure it was to have been expected that the Assembly woud have paid a dutifull regard thereto and been fully convinced that the method they had taken was contrary to the tenour of their Charter. But it appears by the present Address of the Councill and Assembly that they still insist upon recalling of the said Instruction as not agreable to their Charter. Wherefore the Lords of the Committee thought it proper to direct your Majesty's Attorney and Sollicitor General to consider of the said 30th Instruction etc., and to report, whether the same be agreable to the Charter etc. In answer whereto they have given their opinion that etc. [it] is perfectly agreable to the said Charter. The power of imposing taxes which includes the whole power of raising money or issueing bills of credit which is only one method of raising money being granted to the Genl. Court or Assembly and ought to be exercised only by acts of Assembly. As to the issueing and disposition of the money after it is granted, the words of the Charter are very plain that it shall be by the Governor with the advice and consent of the Councill for H.M. service in the necessary defence and support of the Government of the Province and the protection of the inhabitants and tho it is added according to such acts as are or shall be in force within our said Province, yet we conceive the true meaning and construction of those words to be that the money shoud be applyed according to such generall clauses of appropriation describing the nature of the services for which it was given as should be mentioned in such acts, but not to restrain the Governor and Councill from making such a distribution upon the particular articles of those services or from passing the accounts or paying the persons by whom such services shoud be performed in such manner as they should think fit, consistantly with the generall clauses of appropriation. But such distribution accounts and payments will be subject to future enquirys to be made in a regular method by the Assembly or House of Representatives as to the application of the money and the consistency thereof with the appropriating clauses for which a proper reservation is made by the Instruction. The Lords of the Committee do therefore humbly offer to your Majesty as their opinion, that no alteration ought to be made in the said Thirtieth Instruction, and their Lordships cannot but observe to your Majesty that these repeated applications of the House of Representatives upon points, some of which have been given up by their own Agents, and all of them more than once been under your Majesty's consideration and determined by your royall Instructions and subsequent Orders in Councill thereupon, are instances of great undutifulness to your Majesty. And that the power insisted upon by the said Assembly in not suffering the Governor to issue any money for the maintenance of the Officers and soldiers of your Majesty's forts and garrisons, for the necessary repairs of the fortifications and for the payment of other demands for services actually performed, before they have examined the particular demand of each person and agreed to the payment thereof, evidently shews that their design is to assume to themselves the executive power of the Government of the said Province, and has a direct tendency to throw off their dependence upon Great Brittain which is so necessary to be maintained even for their own preservation ; and their Lordships take leave further humbly to represent to your Majesty that if the said Assembly shall still persist in their refusall to supply the Treasury of the Province, so that neither the soldiers can be paid, the fortifications be kept up, the dignity of your Majesty's Government supported nor the security of the Province provided for, they will be answerable for all the consequences of their own ill conduct. His Majesty this day took the said report into consideration, and was pleased with the advice of his Privy Councill to approve thereof ; and His Majesty doth hereby declare and signifie His high displeasure at these repeated applications upon points which have been already maturely considered and determined by His Majesty in Councill. And His Majesty doth likewise hereby renew the declaration of his royall pleasure formerly signified in this behalf, that no alterations be made in the sixteenth and thirtieth Articles of the Instructions given to Jonathan Belcher etc. Signed, W. Sharpe. Endorsed, Recd. 16th, Read 19th June, 1733. 10¾ pp. [C.O. 5, 875. ff. 102-107 v. and (signed W. Cary, and endorsed, Recd. 1st June, Read 30th Aug., 1733). ff. 230-235 v.]
May 11.
Whitehall.
164. Mr. Popple to Thomas Lowndes. A petition from Mr. Thorpe being referred to ye consideration of my Lords Commissioners, etc. (v. 27th April), they desire you will let them have a state of this affair on Tuesday sennight at 11 a clock in ye morning, as likewise that you will let them know, whether ye petitioner's grant does differ from other grants of land made by ye late Lords Proprietors. [C.O. 5, 401. p. 62.]
May 12.
Charles Town.
165. Mr. Frewin to the Council of Trade and Plantations. About twelve months ago I had the honour to receive, at Mr. Brudenell's request, a recommendatory letter from your Lordships to Governor Johnson, which I presented to him on my arrival, together with a very particular one from his Grace the Duke of Newcastle in my favour etc. Will always be grateful, though Mr. Johnson has not been influenced to do him the least favour etc. But, before Mr. Whitaker's departure for England he deputed him Judge of the Vice-Admiralty, and, as he has the honour to serve the King, he thinks it his duty to represent to Ministers at home everything that is done to the prejudice of H.M. prerogative and interest. Encloses, therefore, copies of several strange resolves and ordinances of the Upper and Lower Houses of Assembly and of a law in support of the same, ratified by the Governor on the 4th inst. To make it intelligible, he must go back to the fountain and first occasion of these votes. Continues :—H.E., our Governour, and a few other gentlemen, under colour of patents or grants from the late Lords Proprietors and otherwise, having possessed themselves of prodigious large tracts of land, and thereby in a manner defeated H.M. intentions (declared in his royal Instructions) of peopling this country and making it a flourishing Colony, the people that wanted lands whereon to settle themselves murmur'd, were greatly uneasy, and could not help enquiring into the validitiy of the patents and titles, which stood between them and the royal bounty. In the course of their inquiry they met with information that the patent titles had been declared void by the Attorney and Sollr. General at home ; that the poor people on the Southermost frontier, who had been obliged to quit their lands and fly from the fury of the barbarous Indians were prevented from returning by reason of those patents and other grants, wherewith their former settlements had been cover'd before the Land Office was publickly open'd. Want of lands for themselves, and charity for the distressed, led some publick spirited gentlemen to endeavour to break those large tracts, and by virtue of titles under H.M. most gracious Instructions to lay out and survey some of those lands, which are here called patent lands, with intent to try the validity of the patentees' titles, and in case of success to settle themselves and the Southern unfortunates upon part of those tracts, which otherwise must inevitably lye unsettled and uncultivated, or be purchased at a very dear rate from the patentees. Amongst the rest Dr. Thomas Cooper went up with the Deputy Surveyors to view and lay out the land. Upon this the patentees instead of offering to try their titles in the King's Courts, where the matter was only and properly cognizable, apply'd to the Commons House of Assembly, who order'd him into custody of their Messenger and kept him close prisoner for about five weeks. The warrant for his commitment being new and unprecedent, I have sent your Lordships a true copy thereof. The Doctor soon after he was apprehended apply'd to two Justices for an Habeas Corpus, which by an Act of Assembly of this Province made to enforce the execution of the English Habeas Corpus Act here, they are impower'd and required to grant or issue. Mr. Somerville who is of the Quorum and Mr. Wright Junr. granted his prayer, and an Habeas Corpus sign'd by them was deliver'd to the Messenger that had Doctor Cooper in custody. The Messenger refused to obey the King's writ and the House resolved to indemnify him. A second writ was desired of some of the members of the Lower House, who were in the Commission of the Peace and deny'd, but afterwards granted by Mr. Middleton, one of H.M. Council and Mr. Somerville, which the Messenger likewise disobey'd, as also a third sign'd and issued by Robert Wright Esqr. H.M. Chief Justice. Upon this the Doctor jointly with others in custody petitioned His Excellency and Council for relief ; and the Doctor singly pray'd H.E. to issue an Habeas Corpus etc. Refers to enclosure. Continues :—Two considerable merchants who waited on H.E. with the Doctor's prayer etc. were order'd into custody of the Provost Marshal and obliged to ask pardon for so doing and pay fees before they could be enlarged, as were two others for carrying a petition to Mr. Yonge (one of H.M. Council) upon the same occasion. Several lawyers and merchants were committed by the Lower House for carrying petitions to some of their members, who were Justices of the Peace, which upon mature and serious deliberation those gentlm. that carry'd them, were perswaded they had a right to do, by the laws of their Mother Country made to secure the liberty of the subject. The fees demanded and taken by the officers of that House are most exorbitant. To their Messenger only, four pounds this currency for being committed, the like sum on being discharged, and the same sum per diem whilst in custody, besides diet and other expences. The Commons on the 7th of April last to intimidate the Chief Justice and others posted their Ordinances at the door of or entrance into the Council Chamber, the Chief Justice complained of it in Council and in a speech there (which he afterwards published) censured their proceedings as destructive of the King's Prerogative and the people's liberties. Mr. Yonge, who had been greatly obliged by the Commons, became their Advocate, and by cases, which, when searched to the bottom make all against him, endeavour'd to perswade his Excellency, the Council and people that all the Lower House had done was right and justifiable, and by a Resolution of the Upper House his speech made upon that occasion was declared to be agreeable to the sense and opinion of the House. The Commons, sadly enraged at the opposition they met with from the Chief Justice, on the 14th of April went up in a body with an accusation against the Chief Justice which they have since printed, and upon which I must beg leave to make a few remarks. Your Lordships will please to observe that the Chief Justice is charged with violating their privileges, by granting two writs against their Messenger, and by signing a rule of Court to the Provost Marshal, when they well knew that the Chief Justice of this Province alwaies entrusts the Attorneys with blank writs, who fill them up as they want them, without his knowledge, and that by a Rule of Court of a very long standing, and confirmed by a late Act of Assembly the Marshal is obliged to return all writs served in town in two days after service, and the plaintiffs at liberty to proceed to judgmt. before the returns of the writs, so that this rule complained of, being only to be informed whether the writ was served or not, could not be contrary to law or the known practice of the Court of Common Pleas here ; but was in my opinion agreeable to both. I could show your Lordships that those very writs were legally and regularly issued, and that their Messenger, when the same were issued had no right to either privilege or protection, but that would be taking up too much of your Lordships' precious time. All the lawyers in the Province (except the present Attorney General, who is a native, and Mr. Rutlidge his Excellency's Prime Minister) and a number of wealthy merchants here seem to apprehend that by the ordinances of the two Houses they are put out of the King's protection, and their fortunes and liberties entirely at the mercy of the Lower House who threaten us with an Act to continue themselves for a longer time than by law they at present are capable of sitting, and were it not in humble expectation of H.M. interposing his Royal authority, would remove themselves and their effects to some more safe and happy part of H.M. Dominions. The law to indemnify themselves and their officers against the penalties they have incurr'd is a plain confession of guilt, repugnant to the fundamental laws of Great Britain, and expressly contrary to two, if not three, of H.M. Instructions to our Governor. Surely they cannot pretend to say, that it is a Bill of an usual or ordinary nature, so that it is impossible that H.M. Prerogative or the properties of his subjects can be affected thereby ; if not, a draft thereof ought, as we apprehend, to have been transmitted to H.M. for his Royal approbation or disallowance before the passing thereof, or at least a saving clause inserted therein suspending and deferring the execution thereof till H.M. pleasure should be known concerning the same. This law was a creature of Rutledge's brain and first brought into the Upper House. The Chief Justice ever opposed it's passing totis viribus, and hath entered his protest against it, which hath increased the resentment of the Commons against him, and occasioned the Resolves printed in last Saturday's paper ; where it will end God only knows. Doctor Cooper was chosen a member of the House during his confinement, and requested to be try'd and discharged in vain till on the 27th of April by a petition of which I send your Lordships a copy, he was order'd to be discharged paying his fees which amount to a considerable sum, and thereby and by the loss of time, besides a long and close confinement, he is by a moderate computation £1000 this currency the worse for this commitment. The Gentlemen in power here, both by their speeches and actions, seem entirely to have forgot that they are subjects or dependants. The Commons House of Assembly look upon themselves as the Supreme Court of Judicature, and nobody here, that has the power, offers to dispute their jurisdiction. Their interests are one and the same, which is the occasion of the perfect harmony and good understanding between them. It is now become dangerous for a King's officer or minister to appear zealous for the Prerogative or interest of his Master : the Land Surveyor-Genl. and Chief Justice have sufficiently experienced it. The former I'm certain will be a looser this year by his office, and the latter by a negative vote of the Commons is to have nothing for his last year's service. The Laws of our Mother Country are set at naught and termed "Old Ballads." The King's offices ransack'd and his officers insulted, ridiculed, and affronted, and their friends at home spoken of with scorn and contempt. The wealthy merchants and principal inhabitants are at the mercy of a few—, who lord it over them as if they were their vassalls. Such is the present state of H.M. Province of South Carolina. If my zeal for the Prerogative of the Crown, the interest of my Master, and the liberties of my fellow subjects, which seem to me to be trampeld upon, hath carry'd me into any unbecoming warmth, I trust your Lordships will think the cause some excuse for it and pardon me for the trouble given you, etc. Signed, Will Frewin. Endorsed, Recd. 23rd Oct., 1733, Read 20th Aug., 1735. 7⅓ pp. Enclosed,
165. i. Chief Justice Wright to the Governor and Council of S. Carolina against the Act for the prevention of suits etc. Signed, Rob. Wright. Endorsed as preceding. Copy. 2¼ pp.
165. ii. Copy of Act for preventing suits and disturbance to H.M. Judges and Magistrates on account of the Habeas Corpus Act. Endorsed, Recd. 23rd Oct., 1733. 2½ pp.
165. iii. Copy of Act, Dec. 1712, for introducing the English Habeas Corpus Act. Endorsed as covering letter. 4 pp.
165. iv. Order of Commons House of Assembly for committing Job Rathmahler and Thomas Cooper into custody for aiding the Deputy Surveyors in running out patent lands and lands already surveyed, contrary to the quit-rent act, the Governor's warrant and Surveyor General's precept. 9th Feb., 1733. Signed, Robt. Hume, Speaker. Endorsed as preceding. ¾ p.
165. v. Journal of Assembly, 26th April 1733. The petition of T. Cooper was read and he was ordered to be discharged paying his fees. Same endorsement. Copy. ¾ p.
165. vi. Petition of Thomas Cooper to the House of Assembly. Petitioner never designedly infringed the privileges of the House or contemned its authority etc. Prays to be discharged. Signed, Thos. Cooper. Same endorsement. Copy. 1 p.
165. vii. South Carolina Gazette for April 7—May 12, 1733. Nos. 65—69. Same endorsement. Each of the 5 numbers, 4 pp. [C.O. 5, 364. ff. 64-67 v., 69 v.-75 v., 76 v., 77, 78, 79-89 v., 90 v.]
May 12.
Nevis.
166. Michael Smith, President of Nevis and Commander in Chief of the Leeward Islands, to the Council of Trade and Plantations. I am now to answer Mr. Popple's letter in relation to any laws made, manufactures set up or trade carried on in the Leward Island, which may effect the trade, navigation and manufacture of Great Britain. I did with the greatest caution in my last (v. C.S.P. Jan. 30, 173½), indeavour to answer those questions ; and I think I may with truth assure yr. Lordships, that the Collonies are so far from carrying on a trade or navigation to effect that of Great Brittain, that for many years past they have been of great advantage to said trade, and from the nature of their climate produce and situation, never can interfere with ye trade of Great Brittain, and I shall have that regard to H.M. royall Instructions, never to pass any law that may effect the same. Encloses 6 acts of St. Christophers etc. Four are "temporary laws for levying money and other dutys to H.M. for ye use of his forts and fortifications and dischargeing the publick debts" etc. 5 and 6 are private laws, one for docking an intail, part with a reserveing clause not to take effect till H.M. royal pleasure be known ; the other for incouragement of a person projecting a more easy and effectuall method of hanging coppers for ye speedy makeing of sugr. on that island. I humbly hope yr. Lordships will be of opinion on examining sd. laws they are all for ye service of H.M. island etc. Signed, Mich. Smith. Endorsed, Recd. 4th. Read 18th July, 1733. Holograph. 1 p. [C.O. 152, 19. ff. 157, 160 v.]
May 13.
Barbados.
167. Governor Lord Howe to the Council of Trade and Plantations. Encloses copys of the Addresses of the Council and the Assembly, with their Minutes relating to the evacuation of Sta. Lucia and the other islands. Concludes : I hope in a very little time to acquaint yr. Lordsps. that H.M. Orders have been put in execution and that every thing has been comply'd with according to my Instructions relating to that affair. Signed, Howe. Endorsed, Recd. 16th, Read 18th July, 1733. Duplicate. 1 p. Enclosed,
167. i., ii. Minutes of Council of Barbados, 8th May, 1733, referred to in preceding. Endorsed, Recd. 16th July, 1733. Copy. 2½ and 3¼ pp.
167. iii. Journal of Assembly of Barbados, 8th May, 1733, referred to in preceding. Same endorsement. Copy. 4 pp. [C.O. 28, 23. ff. 91, 92 v.-96 v., 98-99 v., 100 v.]
May 13.
Barbados.
168. Governor Lord Howe to the Duke of Newcastle. Duplicate of preceding letter, mutatis mutandis. Signed, Howe, Endorsed, R. 22nd June. 1¾ pp. Enclosed,
168. i., ii. Duplicates of encl. i., ii. preceding. [C.O. 28, 45. ff. 228, 228 v., 229 v.-233 v.]
May 14.
Whitehall.
169. Lord Harrington to the Council of Trade and Plantations. The King having been informed by Mr. Titley, his Resident at Copenhagen, that the French Ambassador there has sold, or contracted to sell to the Danish West India Company the Island of Sta. Cruz in America, H.M. has commanded me to acquaint your Lordps. with the same, that you may report what right the Crown of England has, or what claim it lays to the possession of the said Island, in order to be laid before H.M. for his further pleasure thereon. Signed, Harrington. Endorsed Recd. 15th May, Read 21st June, 1733. 1 p. [C.O. 152, 19. ff. 155, 162 v.]