America and West Indies
June 1733, 1-30

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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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118-135

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'America and West Indies: June 1733, 1-30', Calendar of State Papers Colonial, America and West Indies, Volume 40: 1733 (1939), pp. 118-135. URL: http://www.british-history.ac.uk/report.aspx?compid=79272 Date accessed: 20 September 2014.


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Contents

June 1733, 1-30

[June 1]. 197. Petition of James St. John, H.M. Surveyor General, Inspector and Comptroller of H.M. Revenue and Deputy Auditor of S. Carolina, to the Council of Trade and Plantations. Petitioner apprehending that the Quit Rent Act, passed in 1731, was very injurious to the rights, revenue and prerogative of the Crown, he submitted his observations thereupon, as in duty bound, to the Lords of the Treasury, the Lords Commrs. for Trade, and H.M. Auditor General of America, together with some remarks upon the management and disposition of H.M. lands and revenue in South Carolina. Petitioner humbly conceives he was only accountable to those Boards for the contents of such observations. A copy of them having been sent by his friends to Governor Johnson, etc. they were laid before the Assembly, who thereupon became so enraged, that they committed him to prison on a very slight and frivolous pretence etc. Invites thorough examination of his conduct, but till it be made, he must lye under a close confinement, in an hot country in the most sultry season of the year and at a most exorbitant expence, his sufferings being much prolonged by the Assembly's delaying business and adjourning themselves many days together without any apparent reason. He is reduced to a very bad state of health and prays for his relief, and the suspending of the violence of the proceedings against him, and for the enabling him to go on in the discharge of his duty, until his case be fully heard etc. Signed, Willm. Vaughan, Agent for the petitioner. Endorsed, Recd. 1st. Read 5th June, 1733. 2 pp. [C.O. 5, 362. ff. 171, 172, 172 v.]
June 2.
Philadelphia.
198. Lt. Governor Gordon to the Duke of Newcastle. Application being about to be made to H.M. for his royal approbation of a new Commission from the Proprietaries constituting me their Lieutenant etc., hopes for his Grace's favour and countenance etc. Signed, P. Gordon. Endorsed, R. 22nd July. Holograph. 1 p. [C.O. 5, 1034. No. 13.]
June 4.
Chiswick.
199. T. Lowndes to [? Sir O. Bridgeman]. Sir, being requested (as you know) by one of the Lords Commissioners to set in a fuller light (than in my last) the difference that there is between the common grants for land in Carolina to private grantees, and the grants made by the Lords Propr. to themselves, I beg leave to observe that Carolina having never made, but very inconsiderable (if any) profit by the quit-rents (after paying the expence of Govermt.), it was usual for the Lords Proprs. from time to time to make reciprocal grants to themselves at a peppercorn rent, which were sold or disposed of to be run out at the pleasure of the purchaser or other lawfull owners. These grants tho' not run out or taken up in the life-time of the Grantee were descendable to the purchaser or owner or their representatives. The common grants to private grantees, tho' they were to heires, executors, admrs. and assigns, were never deemed to convey any property, unless taken up or run out in the life time of the grantee, and were no more than warrants of election, which were wholly extinguished by the death of the grantee. There was many times equitable circumstances, which induced the Proprietors not to take advantage of such extinguishmt : as the eminent services of the grantee, a suddain Indian warr, being taken prisoner in going over to take possession and dying in the ennemies' hands, etc. The legal reason for this distruction (as I have been told) arose from this. The Lords Proprietors were seized in fee as tenants in common and each of them had full possession of one undivided eighth part and such reciprocal grants were only small separate parts of what before was contained in such undivided shares or parts. But the common grantees (unless they run out their lands) had no seizin and therefore their lands could not descend etc. Thinks he can convince Mr. Vane by an instance from the Legislature etc. The most essential difference between the grants made to me, and the common grants is that mine were not void, being run out in the life time of the grantee etc. Signed, Tho. Lowndes. Endorsed, Recd. 5th June, Read 4th July, 1733. Holograph. 2 pp. [C.O. 5, 362. ff. 188, 188 v., 191 v.]
June 4.
Jamaica.
200. Governor Hunter to the Council of Trade and Plantations. I cannot inform you better of the present state of affairs than by inclosing an extract from the minutes of Council containing the proceedings there from the time I had the honor of writing last to your Lordships, from which you will observe that the Assembly's assuming to themselves powers which do not belong to them by the Constitution, by virtue of an inherent right as they are pleas'd to call it, and the Council insisting on their share in the Legislature granted them by H.M. Letters Patents and Instructions, these two last sessions have prov'd very fruitless, the Council having made the necessary amendments to some bills and rejected others for the reasons mention'd in the inclos'd extract, which produc'd there several indecent messages and sutable replys which you will find there ; Thus nothing having been done to purpose in the Legislature for the defence or ease of the subject in a time of imminent danger, they apply'd again and again for a recess, resolv'd to do no more business this session, and for that purpose reduc'd the quorum to five members for adjourning, and encreas'd that for doing business to twenty-five and so seperated, which oblig'd me by the advice of the Council on Munday the 28th of May last to prorogue them to the third of July next. The volunteers who at the request of the Assembly were rais'd and sent to Port Antonio to march against the rebels, being streighten'd for provisions, I, in conjunction with some friends engag'd our private credit to Mr. Pratter who had furnish'd provisions before, and is mention'd in their votes to have made that offer again, that he might immediately send to Port Antonio a sufficient quantity of provisions and other necessarys to enable them to march out on the intended service, or, at least, to prevent their disbanding with arms in their hands, and having receiv'd a letter from the Commanders of that party that they were in good plight and ready to march, I dispatch'd orders to the Commanding Officer there to send them out on the service for which they were inlisted without loss of time. Whether these orders are obey'd, I know not, having receiv'd no advice from thence as yet. The groundless persecution of Lt. Col. Ashworth their Commissary of the Stores and Commander in Chief of the partys took up as it was intended most of their time, ended in smoke and convinc'd all unprejudic'd men that it was commenc'd for that purpose, carry'd on to cast a damp on the new settlements on the north side, more particularly Port Antonio, and to discourage men of capacity and probity from being concern'd in their affairs there. Had they thought fitt to accept of the repeated offers I made them, I might have ventur'd to promise your Lordships success against these slaves, but upon the present foot they have put these matters I shall promise nothing, but that nothing shall be left undone so far as my abilitys will reach towards it. The Minutes and Journals of the Council and Assembly together with the four acts pass'd in one of their sessions, and mention'd in my letter of 5th May, shall be transmitted so soon as they can be got ready. Signed, Ro. Hunter. Endorsed, Recd. 7th Aug., Read 28th Nov., 1733. 3½ pp. Enclosed,
200. i. Extract of Minutes of Council of Jamaica, 23rd-28th May, 1733. Messages and replies between the Governor, Council and Assembly relating to the amending money bills by the Council and providing for the forces imployed against the rebel slaves. v. preceding. Same endorsement. Copy. 13 pp. [C.O. 137, 20. ff. 127-128 v., 132-138, 139 v.]
June 4.
Jamaica.
201. Governor Hunter to the Duke of Newcastle. Encloses copies of preceding letter and enclosure, "which will sufficiently inform you of the present wretched state of affairs here. The differences and dissentions between the two houses are risen to such a height that it will prove a hard task to allay them whatever danger to the country may follow upon them." Encloses correspondence with Don Ximenez, "all which I communicated to Sr. Chaloner Ogle, who as far as I can guess will wait for orders in this matter from home. I would willingly see matters in a better state and in less confusion, at least convince your Grace, that I have omitted nothing for that purpose which is in the power of any man in my station" etc. Signed, Ro. Hunter. Endorsed, R. 8th Augt. Extract sent to Mr. Keene. Augt. 16th, 1733. 1½ pp. Enclosed,
201. i. Duplicate of preceding encl. i.
201. ii.-iv. Governor of Santiago de Cuba to Governor Hunter. 5th May. Two copies and translation. v. 8th May encl. vi. Endorsed, Copy sent to Mr. Keene, 16th Aug., 1733.
201. v. Copy of Hunter to Council of Trade June 4.
201. vi. Copy of May 8 encl. vii. Endorsed as No. iv.
201. vii. Abstract of May 8 encl. vi (in English). 3½ pp.
201. viii. Duplicate No. i. [C.O. 137, 54. ff. 238-243 v., 246, 246 v., 247 v.-251, 252-253 v., 254 v.-256, 257, 257 v., 259-274 v., 276-282.]
June 4.
Whitehall.
202. Draft of letter from [? Duke of Newcastle] to Governor Cosby. Sir, I give you this trouble to recommend, in a particular manner, to your protection, Mr. Lindsey etc., and to desire your favour to him, when a proper opportunity shall offer for his advancement etc. In Mr. Delafaye's hand. 2/3 p. Annexed,
202. i. Memorandum by [? Lord Crawford]. Abstract. Mr. Lindsey was Naval Officer at New York, a post worth about £140 per ann. that country money. Upon the present Governor's coming over he was turned out, but upon recommendation of some gentlemen of that country, the Governor has now made him Sherriffe of the Province of Albany, which is just bread for him and no more. He thinks that the Governor would now do some more for him, if he had some good recommendations from London. ½ p. [C.O. 5, 1093. ff. 281, 282.]
June 7. 203. Governor Philipps to the Council of Trade and Plantations. In reply to Mr. Popple's letter enclosing Mrs. Campbell's complaint, which is in substance the same as a former petition, encloses proceedings thereupon as a sufficient answer. Continues : The estate which she setts forth, that I dispossess'd her of, is no other than the quitt rents payable by the inhabitants to the Lord of the Country, and who that person is or ought to be, I thought it my duty to be inform'd from your Lordps. and his Majesty's Secretary of State, to both whom I had the honour to write for Instructions upon that head, and in the meantime injoyn'd the inhabitants to detain in their hands all such moneys growing due for quitt rents untill farther order, where it still lyes untouch'd by me, (which I defy to them to contradict) waiting the solution of that question, so that I hope I cannot be thought by your Lordps. to have acted arbitrarily, cruelly, or unjustly in this affair. She imposes grossly on your Lordps. in setting forth, that she is the only one of Mr. La Tour's heirs who did not evacuate the country, whereas on the contrary there are four families left joint executors by him who are and have been resident in that Province ever since my time. They agreed among themselves to make a partition of his will and are equall pretenders to the quitt-rents that were paid to the said La Tour in his life time, by a concession of the French King for services done by him and to be done, the which none of his successors have performed etc. Signed, R. Philipps. Endorsed, Recd. 12th, Read 19th June, 1733. 1¼ pp. Enclosed,
203. i. Order of Queen, Guardian of the Kingdom and H.M. Lieutenant within the same, in Council. 13th June, 1732. Petition of Agatha Campbell against Governor Philipps dismissed, the Lords of the Committee for hearing complaints from the Plantations having reported it to be frivolous and vexatious etc. Signed, W. Sharpe. 1 p.
203. ii. Governor Philipps to the Lords of the Committee of Council. Reply to following. Respondent having, in obedience to his Instructions, with great difficulty and much persuasion brought the inhabitants of Nova Scotia (being all French Papists) to take the oath of allegiance to H.M. upon the conditions in the said Instructions, which have been by H.M. most graciously extended to them after their obstinate refusall for 20 years to comply with the taking the oath ; But being at last gain'd, it became in the next place his duty to inform himselfe in the best manner he could, what those rights libertys and propertys were to the enjoyment whereof every respective inhabitant took upon himself to be intitled by the promise this respondent had made to them in H.M. name. The first and most materiall claim of this kind (and in which the petitioner is a party with three or four other familys executors and descendants of one Monrs. Latoure, the first Governor of that country for the French King) is a demand they make a [? in] vertue of said French King's patent in the petition mentioned of quitt rents to be paid them by all the inhabitants in acknowledgment of their right of the seigneury and proprietorship of all the inhabited parts of that Province even the spot of ground on which the Fort of Annapolis is erected. This claim appearing to the respondent very extraordinary and derogating from the King's prerogative as Sovereign seignr. and Lord of the Province, etc., he communicated the same to H.M. Secretary of State and the Lords Commrs. for Trade etc. Of which proceeding he did acquaint the claimants, giving them to understand that he must putt a stop to the further payment of quitt rents till he should receive answers from home and did give orders accordingly etc., but with liberty for the said persons claiming to receive all arrears due to that time, being March, 1730, and did not collect or receive any part thereof himself nor apply one penny to his own use as the petitioner most injuriously setts forth. But is very well assured they are now remaining in the tenants' hands waiting H.M. orders. As to the £80 petitioner charges respondent with defrauding her of, petitioner is perfectly at a loss to know what she can mean ; unless it be what she herself has been pleased to say in private discourse about a military affair transacted ten years since, relating to a Commission which this respondent obtained in the regiment he is Collonel of, for a young volunteer who afterwards became her husband, to give a particular account of which this respondent is afraid, woud be only mispending your Lordships' time etc. Hopes the Board will be of opinion that there is no foundation for a complaint against him, he having been no further concerned than in taking care of H.M. interest. Signed, R. Philipps. Copy. 4 pp.
203. iii. Petition of Agatha Campbell, of Port Royal, widow of Hugh Campbel, late Ensign of Col. Philipps' regiment etc., in behalf of herself and her five children. States parentage and claim, ut supra. The property inherited from the father was secured for petitioner on the conquest of the Province, the articles of surrender stipulating, that all the French subjects that were willing to remain, and become subjects to the Crown of Great Britain should have the quiet possession and full enjoyment of the rights, properties and priviledges they had before etc. Pursuant to the said articles, petitioner remained and had the full and peaceble enjoyment of this her right for many years without interruption, as well before as after her marriage, till Governor Philipps about two years agoe forcibly dispossed her thereof by ordering his steward to receive her rents for the Governor's own use, etc. Petitioner and her children have nothing else but her pension of £16 etc. Besides this cruel act of injustice, Governor Philipps hath also defrauded petitioner of £80 of her husband's mony, together with other enormous abuses etc. Petitioner having no prospect of justice in that distant part of H.M. Dominions, where there is no civil Government to protect the inhabitants from the unreasonable, arbitrary and terrifying practices of the Millitary Governors, etc., necessity hath forced her on a dangerous and tedious voyage to implore H.M. justice and protection etc. Prays to be restored to the full possession of her rights, and that the Governor make her satisfaction for damage etc. Petitioner having embraced the Protestant faith and educated her children therein and in loyalty to H.M., her eldest son being a cadet in H.M. service at Pemaquid, and her second son a cadet at Placentia, she cannot hope for any help from her wealthy relations in France. Copy. 4 pp. [C.O. 217, 6. ff. 194-199 v., 202 v.]
June 7.
Whitehall.
204. Council of Trade and Plantations to Governor Johnson. Having received from Mr. Vaughan, Agent for Mr. St. John etc., a peticon setting forth his having been committed to prison by ye Assembly, on a very slight and frivolous pretence, to ye great prejudice of H.M. service there, we have been attended by Mr. Whitaker etc., and by Mr. Hume late Speaker of ye Assembly ; and having seen the Minutes of that House and heard what was offer'd, in behalf of Mr. St. John in respect of ye words represented to have been spoken by him agt. the Assembly, we have reason to believe, that had there been no resentment agt. him, on account of ye informations and observations, which according to his duty he gave here, upon ye passing ye quit-rent law, the Assembly would not have been so exasperated against him. We therefore recommend it to you, to get the rigour of this prosecution abated, as far as lyes in your power, and likewise to use yor. endeavours to obtain his discharge from prison ; nothing being more disagreeable to us, than that any persons, especially those employ'd in H.M. service, should suffer for having discharged their duty, by giving any information whatever, to this Board, which they shall judge may contribute to the publick service etc. [C.O. 5, 401. pp. 63, 64.]
June 8.
Whitehall.
205. Council of Trade and Plantations to the Committee of the Privy Council. Representation upon memorial of Charles Dunbar. v. 22nd May. Continue :—It has been thought for the service of the Crown that the Surveyor General of the Customs in the Southern District of H.M. Dominions in America, should be of the several Councils within his district. We would therefore humbly propose, that Mr. Dunbar may be appointed a Councillor and as such added to the several Councils of Barbados, Bermuda and the Leeward Islands. With respect to the acts which he desires to receive from the Clerks of the several Councils without fee or reward, it were very much to be wished that the General Assemblies would concur in the expence that must necessarily attend their compliance with this demand ; and if it shall be H.M. pleasure, the Governors of the abovementioned Islds. may be instructed to move their respective Assemblies to that purpose : But as the success of such a proposal is very doubtful, we would humbly offer in the mean time that Mr. Dunbar may be allowed a free inspection, in the public offices within his district of all such acts and papers as may bear any relation to the duty of his office without paying any fee or gratuity for the same. [C.O. 29, 15. pp. 416, 417.]
June 12. 206. T. Lowndes to Sir Orlando Bridgeman, one of the Lords of Trade. Begs to acquaint the Lords Commissioners "that there is a most scandalous unreasonable interpretation put upon an article in the Governour of S. Carolina's Instructions, and the Province will be involved in great difficultys if a remedy be not speedily applyed. The abuse is committed under the name of family warrants. Many hundred thousand acres of the choisest land, upon the best rivers, are run out under the pretence of complying with an order which was wisely intended for the good of the Province, and which without abandoning all common understanding, and common honesty could never have been wrested as it has been. It is the latter part of the 42 Article, that they force to give a sanction to their proceedings. I believe the Lords of Trade have not yet been informed of this unprecedented transaction etc. There is also a thing in my power to lay before your board, and which if not timely discover'd and prevented, will occasion a great deal of trouble to the Lords of Trade and be of very ill consequence to the publick, and their Lordships' correspondents (I beleive) can't inform them of this particular till it is too late. I will undertake candidly to shew their Lordships the whole affair. But then I hope I may be allowed to depend upon having (as a reward for the service) their Lordships' favour and protection in any application, I shall hereafter make to them, where I have justice, equity or reason on my side. Your Honour can't have forgot that when the Lords of Trade through misrepresentations to them had settled the quitt rent in S. Carolina at 2s. pr. hundred acres Proclamation money, I gave you some information (to be depended on) that the land would bear a much higher rent, upon which their Lordships alter'd their resolution and settled the quitt-rent as it now stands etc. Explains that Mr. Docminique misunderstood what he said at the Board recently, and suggests that he be allowed to explain himself to Mr. Wheelock or Mr. Burrich etc. Signed, Tho. Lowndes. Endorsed, Recd. 12th, Read 22nd June, 1733. Holograph. 2 pp. [C.O. 5, 362. ff. 182, 182 v., 187 v.]
June 12. 207. Deposition of Robert Thorpe. Declares that he did not bribe Col. Wm, Bull or any other person in order to get into possession of a barony of land purchased of Thomas Lowndes, but that he got the same to be run and plotted and surveyed by fair and honest methods. Signed, Robert Thorpe. Endorsed, Recd. 12th June, Read 4th July, 1733. ¾ p. [C.O. 5, 362. ff. 192, 195 v.]
June 12.
Whitehall.
208. Council of Trade and Plantations to the King. Recommend Richard Salter for the Council of Barbados in the room of Samuel Barwick, decd. [C.O. 29, 15. p. 418.]
June 13.
Barbados.
209. Governor Lord Howe to the Council of Trade and Plantations. Coll. Leslie that was Chief Baron of the Exchequer having resign'd that post upon account of his being unable through indisposition to attend the service of it, I made out a new commission for the Exchequer, in which I left out the four Barons Assistants to the Chief Baron, there having been several complaints, made me against them by the gentlemen and merchants of this island in general ; I have taken care to put in their places gentlemen of the best characters and who I hope will never make that ill use of the power with which they are intrusted, that the others did. I have also sign'd a new Commission for the Peace and in that have been oblig'd to leave out some people whose infamous characters make it highly necessary that they should not be intrusted in any employment. There are several assistants in the other Courts that I am afraid I must be oblig'd to remove, but whatever I do, I assure yor. Lordps. will be solely in regard to H.M. service and the interest of this island, without any other view whatsoever. I have according to my Instructions sent yor. Lordsps. inclos'd the names of twelve gentlemen the best qualify'd to supply the vacancies that may happen in the Council, they are all gentlemen of very great fortunes and are very much esteem'd and belov'd in this island. Signed, Howe. Endorsed, Recd. 7th Aug., Read 7th Nov., 1733. 22/3 pp. Enclosed,
209. i. List of persons proposed to fill vacancies that may happen in the Council. Signed, Saml. Osborn, John Gollop, Hen. Peers jr., James Hannay, John Rous, Robt. Harrison, John Gibbons, John Trent, Reynd. Alleyne, Wm. Walker, John Lyte, Joseph Ball. ¾ p. [C.O. 28, 23. ff. 113-114, 115, 116, 116 v. with abstract.]
June 13.
Barbados.
210. Governor Lord Howe to the Duke of Newcastle. Duplicate of preceding letter, mutatis mutandis. Signed. Howe. Endorsed, R. 8th Augt. 22/3 pp. Enclosed.
210. i. Duplicate of encl. i. preceding. [C.O. 28, 45. ff. 238-240.]
[June 14]. 211. Charles Purry to the Council of Trade and Plantations. Memorial upon behalf of Col. Purry. To same effect as petition of 22nd May q.v. Explains that Governor Johnson in order to induce the Swiss Protestants to settle there issued a proclamation forbidding any of H.M. subjects to run out or appropriate any part of the said township or land within six miles of the same, which said six miles was annexed thereunto by H.M. Instruction, and, being reserved to H.M. disposal, can be granted without any expence to the Crown, to encourage the peopling of the township. Col. Purry is since informed from Carolina that some people have already run out and appropriated to themselves many tracts of land, by which means the lands annexed to the said township will be taken up before he can entitle himself to his grant of 48,000 acres etc. as 22nd May. Endorsed, Recd., Read 14th June, 1733. 2 pp. [C.O. 5, 362. ff. 176, 176 v., 181 v.]
June 14.
Bolt Court, Fleet Street.
212. Mr. Allen to Mr. Popple. Mr. Roberts of Deans Court in conjunction with several other gentlemen having some time ago bought eight baronies of land of 12,000 acres each in S. Carolina of the Rt. Honble. the Lord Carteret, desires, as their agent, that when the Lords Commrs. for Trade give any orders relating to titles to lands there that they may be informed that the said purchasers claim all the rights etc. that did belong to Lord Carteret with respect to said baronies etc. Signed, Jam. Allen. Endorsed, Read 19th June, 1733. Addressed. 1 p. [C.O. 5, 362. ff. 177, 180 v.]
June 19.
Bennet Street.
213. Mr. Byng to Mr. Popple. Informs him that he has surrendered his office of Receiver of Admiralty dues in the Plantations. Signed, Ro. Byng. Endorsed Recd. 25th June, 1733. Read 17th Sept., 1735. 1 p. [C.O. 323, 10. ff. 42, 46 v.]
June 19.
Whitehall.
214. Council of Trade and Plantations to the Committee of Privy Council. Reply to 22nd May. In consideration of the great advantages that may be derived to ye Province of South Carolina from Mr. Purry's undertaking, who has already imported 150 Swiss Protestants etc., and for his encouragement to proceed in this undertaking, we are humbly of opinion, that H.M. should be graciously pleased to grant his request, which may be put in execution by virtue of an Instruction from H.M. to Colo. Johnson etc. a drat. of which we have prepared etc. Instruction described. Annexed,
214. i. Draft of H.M. Instruction to Governor Johnson. You are to grant the Sieur Purry a quantity of land, in part of the grant of 48,000 acres, in proportion to the number of Swiss he has already imported, and so from time to time in proportion to such numbers as he shall import and settle in that Province, until he shall have imported and settled the full number of 600 etc. The said 48,000 shall be forthwith marked out, in the lands lying most contiguous to those set apart for the Swiss townships. And you are further required to take especial care that no part of ye said 48,000 acres be granted to any person except the said Sieur Purry, nor any part of the sd. townships to other persons, except to ye Swiss Protestants, intended to be settled there, until our further pleasure be known. [C.O. 5, 401. pp. 65-69.]
June 21.
Whitehall.
215. Order of Committee of Privy Council. The Council of Trade etc. are to prepare a draught of an Additional Instruction for Governor Mathew, empowering him to receive an additional salary in each of H.M. Leeward Islands agreable to and under the like conditions with that which was lately given to the Lord Viscount Howe etc., and that they do insert one other condition therein vizt., that the acts for settling such salary upon him should be passed before the Assemblys proceed upon any other business etc. Signed, W. Sharpe. Endorsed, Recd. Read 26th June, 1733. ¾ p. [C.O. 152, 19. ff. 156, 161 v.]
June 21.
Whitehall.
216. Report of Committee of Privy Council. Submit for H.M. approval draft of Instructions of Governor Mathew, taking exception to the inclusion of Wavell Smith in the Council, (v. 19th July), and recommending clause relating to the Governor's salary, as 19th July. Signed, W. Sharpe. Endorsed, Recd. Read 20th Dec., 1732. 4¾ pp. [C.O. 152, 19. ff. 190-192, 193 v.]
June 22.
Claremont.
217. Duke of Newcastle to Mr. Solicitor General. I had the honour of your letter with the inclosed from My Lord Craven, recommending Mr. Craven to succeed Mr. Johnson in the Government of South Carolina ; I beg would you be so good as to send the inclosed to his Lop., not knowing myself whether My Lord be in town or in the country etc. Is not sure there will be a vacancy etc. as in following. Concludes : I am extremely sensible of your goodness to me etc. P.S. I have been so hurry'd between this place, Richmond and London, that I hope Ld. Craven, and yourself, will excuse my not having sooner answered your letters ; which I beg you would be so good as to hint to his Lop. Copy. 1 p. [C.O. 5, 383. f. 7.]
June 22.
Claremont.
218. Same to Lord Craven. I had the honor of your Lops.' letter from Mr. Solicitor General, and beg leave to acquaint your Lop., that tho' there are complaints against Governor Johnson, there has yet, as I apprehend, been no determination upon them ; nor is there any resolution taken to remove him etc. Signed, Holles Newcastle. Copy. 1 p. [C.O. 5, 383. f. 5.]
June 22. 219. Office Expences of the Board of Trade, Lady Day— Midsummer, 1733. See Journal of Council. Endorsed, Recd., Read 25th June, 1733. 6 pp. [C.O. 388, 80. ff. 75, 76 v.-79, 80 v.]
June 22. 220. T. Lowndes to the Council of Trade and Plantations. The Province of Georgia is in imminent danger of being ruined, at least the settlement will be vastly discouraged, and the intent of the publick frustrated, and your Lordps. must have almost endless applications, if what I have to propose be not taken immediately under consideration. I intend to set out for France on Wednesday next ; the constant acute pain I am in renders me unfit for the honour of having a long audience at your Lordps. Board : if the terms proposed in my last (wch. I hope are not reckon'd immodest) are granted me (v. 12th June), I will honestly communicate in writing what this matter (which your Lordps. will find to be of great importance) is etc. Signed, Tho. Lowndes. Endorsed, Recd., Read 22nd June, 1733. Addressed. Holograph. 1½ pp. [C.O. 5, 362. ff. 178-179 v.]
June 25.
Whitehall.
221. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Request payment of petty expences of the Office, Lady Day to Midsummer, 1733, amounting to £279 4s. 1½d., and of Officers' salaries, £287 10s. [C.O. 389, 37. pp. 346, 347.]
June 25. 222. T. Lowndes to the Council of Trade and Plantations. In consequence of letters June 12th and 22nd etc., I humbly beg leave to observe to your Lordps. that the late Lords Proprs. of Carolina did in June, 1717, grant to Sir Robert Montgomery (in trust for another person) all the tract of land between the rivers Alatamaha and Savanna etc., which grant, tho' really void, is now revived and stands fully confirmed and established by etc. an act passed in S. Carolina 1730, for remission of arrears of quitt rent etc. The territory mentioned in Montgomery's grant is now by H.M. letters patents created into the Province of Georgia. I am by good hands informed that the person, who pretends to claim under this grant, intends in a short time to take possession of it. And if once possession is got, which in all probability may be done, before the act is repealed (a person being now arrived from Carolina to support it, and the Agent praying to shew cause before the Lords of the Council for its confirmation) the claimant must certainly have in view the maintaining his title by a subscription, in the year 1720, of a large summ of money, made by many persons of the best rank and quality. Great part of which money was said to be expended, in buying arms, cloaths, tools, utensils etc. for settling and cultivating some islands or part of the territory mentioned in the abovenamed grant, wch. territory or islands are a part of Georgia. Your Lordps. in your report for repealing this bill having not objected to the confirmation of Montgomery's grant is construed as a tacit acknowledgemt. of its validity. In the year 1725 there was a treaty set on foot, betwixt the late Lords Proprietors and the persons claiming under the grant to Sir Robert Montgomery, from wch. (if once possession is got) many arguments for pretended equity may be drawn. The papers relating to that treaty are my property and in my possession and ready to be produced. The grant from the late Lords Proprietors is very loosely and improperly worded, and affords many advantages to the views the persons claiming under it may have, if (as the act of Carolina now stands) the grant be entred upon. The various involved and complicated transactions that have been carried on either really, or pretendedly under this grant to Montgomery, may I humbly presume (if care be not taken) occasion your Lordships innumerable applications. I hope I have made out, what I undertook, and 'twould be impious in me to doubt the performing of what I was promised on 22nd inst. in the name of your Lordps'. Board and which I humbly insisted on in my letter of 12th inst., as a reward for this service etc. (v. 12th June). The Earl of Westmorland (to whose goodness I have great obligations, will now see I have done what I took the liberty to inform his Lordp. I could do, in my letter to his Lordp. of 4th May, 1732. And I delayed giving your Lordps. this information till I saw the King's Officers, who wrote over against this act to miss the point ; and that the intent of the publick as to the settlement of Georgia was just going to be frustrated. When the limits in North America betwixt Great Britain and Spain are to be adjusted, I have something (I presume) of consequence to lay before your Lordps. Board. Signed, Thomas Lowndes. P.S. The grant to Montgomery is entred at large in one of the late Lords Proprietors' books wch. (I beleive) was delivered in to the Plantation Office upon the Crown's purchase, and there is in another of their books a memorandum of this grant etc. Azilia and the Golden Islands are all in the same grant to Montgomery. Endorsed, Recd. 26th June, Read 4th July, 1733. Holograph. 2¾ pp. [C.O. 5, 362. ff. 189-190 v.]
June 26. 223. Mr. Paris to [? the Council of Trade and Plantations]. Enters a caveat against any order or report for the removal or suspension of Lewis Morris, Chief Justice of New York and President of the Council of New Jersey, until notice be sent him, that he may be first heard etc. Signed, 26th June, 1733. Endorsed, Recd., Read 26th June, 1733. ⅓ p. [C.O. 5, 1056. ff. 32, 33 v.]
June 27.
Whitehall.
224. Council of Trade and Plantations to the King. Propose William Gordon for the Council of Jamaica, in the room of Henry Stout, resigned. [C.O. 138, 17. p. 388.]
June 27.
Whitehall.
225. Council of Trade and Plantations to Lord Harrington. Enclose representation upon H.M. title to Sta. Cruz, as directed 14th June. Continue :—As the King's title to this island does not yet appear to us to be quite so clear as we could wish, we have drawn our report in general terms such as may be communicated to a forreign Court ; But we thought proper at the same time, to send your Lordship the real state of that affair, for H.M. information, as it appears at present to us vizt. ;—That the English and Dutch possessed this island in common before 1645, and that there were about 100 French, who had deserted from St. Christophers, settled among the Dutch. That the Dutch after several battles with the English, at last left the island, as did the French deserters also ; But the Spaniards about 1650 made a descent upon the island, and having attacked the English unprovided, killed many of them, and the rest escaped to St. Christophers. Soon after this the French landed here and drove off the Spaniards, who retired to Porto Rico. In 1653, the French King gave this island to the Knights of Malta, and to the year 1671 there was a succession of French Govrs., when the French with all their effects, were removed by the French King's order, to encrease his Colony at St. Domingo, since which time we have had some woodcutters settled there, and it has long been an Instruction to H.M. Govrs. of the Leeward Islands to suffer no other nation to settle there. This is all we have hitherto been able to collect relating to the history of this island, and if it is to fall into any other hands, but those of H.M. subjects, it would seem more for our interest, that the Danes should be the possessors rather than the French. Autograph signatures. 2¾ pp. Enclosed,
225. i. Same to the King. In reply to command of 14th June. We have been some time collecting of materials from the Registers of our office etc., and so soon as that collection shall be compleat, we shall humbly lay the same before your Majesty. But in the meantime it is to be hoped, considering the good correspondence and friendship which has so long subsisted between the Crowns of Great Britain and Denmark, that his Danish Majty. will not be too hasty in consenting to a purchase of a territory claim'd by Great Britain, until your Majty's. right to it in opposition to the pretentions of France, shall have been fully discuss'd and determined. Autograph signatures. 2 pp. [C.O. 152, 40. Nos. 34, 34 i. ; and 153, 15. pp. 227, 228 ; and C.O. 389, 29. pp. 74-78.]
June 28.
Whitehall.
226. Council of Trade and Plantations to the Duke of Newcastle. Enclose extract from General Hunter's letter of 27th March, relating to an insult and depredation made by order of the Governor of St. Iago de Cuba at Port Morant, "lest what Genl. Hunter has wrote to your Grace, should have miscarried." Autograph signatures. 1 p. Enclosed,
226. i. Extract from Governor Hunter's letter referred to in preceding. 1 p. [C.O. 137, 47. ff. 157, 160.]
June 28.
Whitehall.
227. Same to Same. Enclose copy of Capt. Coverley's deposition relating to an intended expedition against Port Royal ; "tho' we hope there was never any solid foundation for what ye sd. Master heard at the Havana." Autograph signatures. 1 p. Enclosed,
227. i. Copy of deposition of Nathaniel Coverley referred to in preceding. 2 pp. [C.O. 137, 47. ff. 162, 164, 164 v. ; and (without enclosure) 5, 401. p. 70.]
June 28.
Richmond.
228. H.M. Warrant appointing Benjamin Pemberton Clerk of the Naval Office, Massachusetts Bay. Countersigned, Holles Newcastle. Copy. [C.O. 324, 50. pp. 60, 61 ; and 324, 36. pp. 417, 418.]
June 28.
Boston.
229. Governor Belcher to the Council of Trade and Plantations. Abstract. Since his last, has met the new Assembly. By their Journal, enclosed, the Board will see they seem resolved to supply no money in support of the Government or paying their debts, till there comes a conclusive answer to their Address and Memorial. He therefore desires despatch of these affairs. Has done all he can : what remains must be for His Majesty. Again represents the great distress for want of a good medium for trade, and asks for leave to sign bills for emitting bills of credit for both Provinces, as 13th Jan. supra. The restriction he is under does not "fully answer the end of preventing the multiplication of paper currency of the low mean value it constantly is, since Connecticut and Rhoade Island issue out what of it they please without controul" etc. Requests that the mandamuses for Messrs. Sherburn and Husk [to be Councillors of N.H.] may be delivered to Mr. Partridge. Continues : Your Lordships will observe by the votes of the Massachusetts Assembly, that there arose a difficulty the 6 currtt. about their voting my support, and some men of great influence were intirely against my having any, unless I wou'd break the King's Instructions, and sign the bill for supply of the Treasury in the way they are contending for, and contrary to the Charter, and the question put for my support was first of all past, without those words, at this time. But when the violent opposers to any peace in the Government lookt on the question so standing, it's supposed they thought it was too bold and barefac'd upon the King, to whom they have made so many publick and solemn promises of amply and honourably supporting His Governour, and to do it, the first thing at their May Session. Therefore after the vote was past of 6 currt., they proposed an amendment to it of those words, at this time. And yet when the motion came forward again on the 15th, the same sett of men oppos'd any bill for the Governour's support, unless it were tackt to a bill for supply of the Treasury in the manner beforemention'd, etc. Encloses bill passed by Council and Representatives, 20th currt., for £3000 for his support, and requests leave to give his assent to it, and a general leave for the future etc. There is not the least prospect of a Govr.'s being ever supported by an Assembly here, in any other manner, and it is a great hardship upon a Governour to spend his salary a year before he gets it etc. "Shou'd my mortality happen while solliciting for leave, the Assembly seems to me have so little justice or honour as that I don't expect the grant wou'd ever be reviv'd" etc. The royal leave arrived last year only five days before the Assembly must have expired etc. Set out, Mass. Hist. Soc. Coll. 6th Ser. VI. 307. Signed, J. Belcher. Endorsed, Recd. 14th, Read 30th. Augt., 1733. 9 pp. quarto, large margins, with abstract. Enclosed,
229. i. Bill for granting £3000 for support of H.M. Governor etc. as above. Copy, examined by, J. Willard, Secry. Endorsed, Recd. 14th Augt., 1733. 1 p. [C.O. 5, 875. ff. 180-184, 185 v., 186, 187 v.]
June 28.
Boston.
230. Governor Belcher to the Duke of Newcastle. Begins as preceding. Continues :—Your Grace will please to observe that notwithstanding my mentioning again to the Assembly the fixing a salary on the King's Governour, yet they resolved the question in the House of Representatives in the negative with nemine contradicente, and it was with some difficulty that they voted my support for the current year, tho' I cou'd understand no other reason for any opposition to it but the strict practice of my duty to the King, and I don't intend, may it please your Grace, this people shall ever have any other complaint against me, but that of being a faithfull servant to the Crown. I now humbly cover to your Grace a copy of the bill past this session by the Representatives and by H.M. Council for my support for the currt. year ; and am again humbly to intreat your Grace's favour that I may have the royal leave for giving my assent to this bill, and I hope your Grace will think it most consistent with the king's honour that the leave be general for the future, which will save your Grace a great deal of trouble, and me a great expence in solliciting leave to take my bread, and I think myself oblig'd to repeat to your Grace, that there is not the least prospect of a Governour's ever being supported by an Assembly here in any other manner, etc. as preceding. Signed, J. Belcher. Endorsed, R. Augt. 23d. 6 pp. Enclosed,
230. i. Duplicate of encl. i. preceding. 1 p. [C.O. 5, 899. ff. 34-36 v., 37 v., 38.]
June 29.
Whitehall.
231. Council of Trade and Plantations to the King. Offer for H.M. confirmation 13 private acts of Virginia, 1730, 1732, (v. 7th May). "No complaint has been offered to us against any of them during the six months in which they have lain by in our office to give opportunity to any person aggrieved to assert their right." [C.O. 5, 1366. pp. 103-107.]
June 29.
Jamaica.
232. Governor Hunter to the Council of Trade and Plantations. Refers to letter of 4th June and news that the volunteers were about to march from Port Antonio etc. Continues : Immediately upon the back of that I had advice that they would not march without a month's pay that had been promis'd them by the Assembly, for which with some difficulty I procur'd credit, as well as for the quantity of provisions necessary for the expedition, and having solicited and encourag'd the neighbours and planters of that place to supply what was wanting as to baggage men by their own negroes, I again order'd their march with all possible expedition, and accordingly on the 15th inst. they march'd out from Port Antonio, altho' they were deserted by twenty-six of their arm'd negroes on their march. They after having beat the rebels from a pass on their march enter'd their towns on the 21st which upon their flight they set fire to and fled to a mountain of very difficult access in the neighbourhood, whither the Commanders sent the next day a Lieut, with a party of 50 men who were beat back with some loss, which your Lordps. will best understand by the coppy of the inclos'd letters ; I have order'd them supplys and have sent them round a detachment from the Independent Companys, such as could be spar'd from their necessary duty, that all hands there in the country's may be employ'd in keeping possession of the fastnesses of the negro towns. This was all that was in the power of man to do in my station, and wish it may be attended with success. Our Assembly is to meet on Tuesday next and I flatter myself that the dangers of the country, from the arts of designing men, who take upon themselves to be leaders of others, are now so apparent that they will enter into some solid measures for it's security and retrieving its credit, almost intirely lost. Signed, Ro. Hunter. Endorsed, Recd. 28th Aug., Read 28th Nov., 1733. 2¾ pp. Enclosed,
232. i. Lt. Draper to Gov. Hunter. Titchfield. June 25th, 1733. Encloses following etc. Continues : All the intelligence I can learn from the detachment they have sent down which consists of only one serjant, five negroe shott and 40 baggage, is that they were ambush'd before they came at the town, but that Capt. Lamb according to my advice with 30 or 40 men drew off and march'd round a back of the ambush and fired briskly on the rebels whilst the main body were attacking them in front who finding themselves so closely attack'd soon abandon'd it. After which our party became masters of the towns or rather the ground, the negros having set fire to all the houses and left behind only a few potts and crockery ware, the place they flew to for refuge was a top of Carrion Crow Hill where a body of 52 men pursued under the command of a Lieutenant who were defeated by a stratagem the rebels had taken in pileing up a vast heap of stones against which they set up props till our party came near, so soon as which, the hill being excessive steep, they pull'd away and the stones run down with great violence on them, the rebels seeing the confusion this had put them into, followed the stones close and distroy'd several of the party and took 3 alive. As I think the detachment they have sent down with the express too weak to protect the ammunition and provisions sent for, I have reinforced them etc. Details. Names of four deserters. Signed, J. Draper. Endorsed as preceding. Copy. 1½ pp.
232. ii. Capt. Williams and Capt. Lambe to Lt. Draper. We got possession of all the negroe towns yesterday morning ; but this day they have in a manner surrounded us, and are continually attempting to retake it ; This morning we sent up to Carrion Crow Hill, a party of 52 shott, in order to pursue and disperse them, but our party found 'em in ambuscade, and fired briskly on them for the space of half an hour, but were at last oblig'd to fly down an horrible precipice, where several of them were extremely hurted, some kill'd, two or three taken alive, besides five or six shott or wounded : We cannot certainly inform you what loss we have sustain'd, because at this instant the negroes are actually attacking us at two sevll. avenues. Request guns and ammunition, half of theirs' being already expended etc. Signed, Henry Williams, Ebenezr. Lambe. Without date. Same endorsement. Copy. 1 p. [C.O. 137, 20. ff. 140-143, 146 v., 147 v.]
June 29.
Jamaica.
233. Governor Hunter to the Duke of Newcastle. Duplicate of preceding letter to Council of Trade, mutatis mutandis, with addition of following paragraph :—I am in the next place to acquaint your Grace that so many of the persons against whom I had issu'd warrants for the robery of the St. Michael as appear'd, were acquitted by the jury the last Grand Court, to my great surprize, for the bill was found by the Grand Jury ; I have order'd the Attorney General with his Assistant to prepare and bring me a particular account of all that process, which so soon as I receive, shall be transmitted to your Grace. I am with the greatest honor and truth, My Lord your Grace's most faithfull and most humble servt., Signed, Ro. Hunter. Endorsed, R. 27th Aug. 3 pp. Enclosed,
233. i., ii. Duplicates of encl. i., ii. preceding. [C.O. 137, 54. ff. 284-286 v., 287 v., 288.]
June 30.
Boston.
234. Governor Belcher to the Duke of Newcastle. I have often re'd with great duty and pleasure the honour of your Grace's letter in favour of Mr. Shirley, which with his personal merit will always command from me every respect and friendship in my power. But really, My Lord Duke, there is hardly any place here in the gift of the Governour worth Mr. Shirley's notice : Upon the death of the Judge of the Admiralty for this and the neighbouring Province, I gave him a commission to succeed, which he held a little while, but finding it a hindrance in his practice of the law, he has resign'd it. Nor is that place worth a gentleman's care or trouble, for the whole perquisite of it is not thirty guineas a year. But if your Grace cou'd find any place in the gift of H.M. here, for so worthy a gentleman as Mr. Shirley, I am sure he wou'd do honour, in any station, to your Grace's countenance and patronage ; and shou'd there hereafter happen a vacancy of the Surveyor of the Customs, or of the Collector for this port, either of those places wou'd be a handsome support for Mr. Shirley's family, and worthy of your Grace's donation, etc. I have the honour to be, with all possible respect and deference, My Lord Duke, your Grace's most obedient and most devoted humble servant, Signed, J. Belcher. Endorsed, R. Augt. 3. 3 pp. [C.O. 5, 899. ff. 40-41 v.]