America and West Indies
July 1733, 1-31

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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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135-154

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'America and West Indies: July 1733, 1-31', Calendar of State Papers Colonial, America and West Indies, Volume 40: 1733 (1939), pp. 135-154. URL: http://www.british-history.ac.uk/report.aspx?compid=79273 Date accessed: 21 October 2014.


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Contents

July 1733, 1-31

July 1.
Barbados.
235. Governor Lord Howe to the Council of Trade and Plantations. Refers to enclosed deposition of Richard Crawden. Continues : Your Lordships will observe the Governor of Margaretta offer'd to return the sloops if demanded by an English man of war before the tryall was over at Porto Rico. The sloops were taken the 14th May of which we had no account here till the 26th of June in which time in all probability the tryall wou'd be over at Porto Rico, however upon application to Capt. Reddish Commander of H.M.S. the Fox station'd here he offer'd imediately to go down and demand the sloops if the owners cou'd gett a man to pilot him into Margaretta, it being a very dangerous coast and his own pilot entirely unacquainted with it, and he not daring to venture H.M. ship there without some person that knew that coast well ; I thought proper to acquaint your Lordships with this that yor. Lordships might not imagine Captn. Reddish had neglected to do his duty, for I must take this opportunity to say that he takes all the care imaginable to protect the trade here and prevent all trade with the French islands which is too much carried on here notwithstanding our joynt endeavours to put a stop to it. I have sent Col. Maxwell, a Member of the Council here to the Governor of Martinique with H.M. order for the evacuation of Sta. Lucia, St. Vincent and Dominico, as soon as he returns yor. Lordships shall have an account of all our proceedings in that affair. I have had H.M. Commission to me publish'd and proclaim'd in the island of Sta. Lucia and shall in a very little time have it done in Tobago, but being desirous to dispatch Colonel Maxwell with all expedition I had not an opportunity of having it done in St. Vincent and Dominico, and as I now expect to hear that proclamations have been issu'd for the evacuating those islands, I do not know whether after that it will be proper to do it, therefore must beg to know yor. Lordsps. commands upon this head, which I shall very readily pursue. I am afraid yor Lordsps. will think I have been very negligent in not sending over the publick accounts, but it was not my fault, the Committee appointed for settling them have been so remiss in their duty that there is now nine months' accounts to make up with the Treasurer which is the reason I have not been able to transmitt any to yor. Lordships. I have made all the enquiry I can into the occasion of this neglect and examin'd their minutes. I find it has been chiefly owing to Mr. Tirrell, Mr. Weekes and Mr. Pilgrim, three of the Members of the Council that are appointed of the Committee, by the Committee law they can not be turn'd out so long as they are Members of the Council. Tho' I think they deserve at least to be suspended, that other gentlemen that will do their duty might be put in their places, I wou'd not take a step of that nature, but must beg to know yor. Lordships' pleasure in it, in the mean time I shall endeavour to keep them to their duty till I receive yor. Lordships commands. Signed, Howe. Endorsed, Recd., Read 15th Aug., 1733. 2¾ pp. Enclosed,
235. i. Deposition of Richard Crawden, of St. Michael's parish, Barbados, mariner. Barbados, 30th June, 1733. Deponent was at anchor in Hog Bay, Tobago, with the sloop Industry, navigated with four men, having five slaves on board, at which time there was also at anchor the sloop Endeavour etc., commanded by John Poseland, who then had on board three pieces of timber. Both sloops were owned by deponent and John Ridley of this island mercht. On 14th May deponent was boarded by a Spanish sloop, the Rowe galley, 85 men, commanded by one Simprianus, who immediately stript all the sailors and put them on shore, whereupon deponent asked Simprianus whether there was war with Spain, to which he reply'd that it was no time to dispute, for that he would carry him to some place where he should have little reason so to do, for that he had instructions from the Governor of Porto Rico to take and destroy all English vessels he found that way ; and then the said Simprianus carryed the said two sloops with this deponent and Capt. Poseland and the five slaves to the island of Margaretta from whence deponent made his escape etc. The Governor of Margaretta refused to condemn the said two sloops, saying that he could not be justified by his Instructions in so doing, and likewise refused to restore them, but detained them till they should be tried at Porto Rico, and said that they should be returned if demanded by an English man of war before the tryal, upon which the said Simprianus declared before the Governor of Margaretta that whatever person he sent in order to defend the sloops at Porto Rico etc., he would either drown them in the passage or put them on shore on some desolate island, which was the reason of deponent's making his escape. Signed, Richard Crawden, his mark. Endorsed as preceding. Copy, certified by, James Mytton, Depty. Secretary. 4¾ pp. [C.O. 28, 23. ff. 106-108, 110-111 v.]
July 1.
Barbados.
236. Governor Lord Howe to the Duke of Newcastle. Transmits following Address, and concludes with Duplicate of preceding letter, mutatis mutandis. Signed, Howe. Endorsed, R. Augt. 29th. Extract sent to Mr. Keene, 24th Sept., 1733. 5 pp. Enclosed,
236. i. Duplicate of encl. i preceding.
236. ii. Address of the Grand Jury of Barbados, 12th—15th June, to the King. Return hearty thanks for H.M. goodness in appointing Lord Howe Governor. "The care and concern his Lordship has shewn upon all occasions hitherto for the true interest and real welfare of this your Majesty's Colony, his equal and impartial distribution of justice and his care that it be equally and impartially administred by others, his ready concurrence in the passing good and wholesome laws, and doing everything in his power to promote the good of this Island, and his good nature, singular humanity and other valuable qualitys give us just reason to hope that wee shall enjoy under his Lordship's administration the blessing of a mild and prudent Government etc. Loath wee are to troable the royal ear with recounting the many calamitys and grievances this your Majestye's once flourishing Colony, has for several year last past labour'd, and still labours under ; but the great decay of our trade, the almost total want of cash, the excessive fall of the prices of all our produce, and the pretensions of his late Excellency Mr. Worseley against the inhabitants of this Island for a summe far exceeding all the ready money now in the Island, have reduced us to a necessity of laying ourselves at your Majesty's feet, humbly to implore your Majesty's grace and favour to us in our present sinking condition : For in vain will the best of Governours use his utmost efforts for releif, and in vain will all our own endeavours prove unless your Majesty interpose to remove the many disadvantages and pressures we now lay under in point of trade and otherwise. To your Majesty therefore we fly for releif in this our great distress, as our sole refuge under God, and humbly beg that your Majesty will vouchsafe to permit us from time to time to lay the state of our circumstances before your Majesty, thro' tke mediation of our present Governour, who we wish may long continue to preside over us etc. Signed, William Miller, J. Smith, John Wilde, Archd. Reid, Jno. Ridley, Abra. Cumberbatch, Richd. Taylor, Jno. Redwar, John Collins, Richd. Eaton, James Grasett, Jon. Green, R. Edwards, Dan. Hooper, Robert Richards, Elliot Saer, Edwd. Quintyne. Copy. Signed, James Mytton, D. Clk. of the Council. 1 large p.
236. iii. Duplicate of No. ii. [C.O. 28, 45. ff. 241, 242, 242 v., 245-247 v., 248 v., 249, 251 v., 252.]
July 3.
Whitehall.
237. Council of Trade and Plantations to the Committee of the Privy Council. Pursuant to order of 21st inst., [sic] (v. June 21st) enclose following etc., "subject to the like conditions with that which was lately given to the Lord Howe, Govr. of Barbados." Annexed,
237. i. Additional Instruction for Governor Mathew. Whereas it has been represented that the salary of £1200 sterl. pr. ann. which we have heretofore thought fit to allow out of the duty of 4½ p.c. arising in our Leeward Islands for our Governor in Chief, is not at present sufficient for his support and the dignity of that our Government, we have taken the same into our consideration and are graciously pleased to permit and allow that the respective Assemblies of our said Islands may by any act or acts settle upon you such sum or sums in addition to your salary of £1200 pr. ann. as they shall think proper ; and you are hereby allowed to give your assent to any act or acts of Assembly for that purpose ; provided such sum or sums be settled on you and your successors, or at least on you during the whole time of your Governmt. there ; and that the same be done by the first respective Assemblies of our said Islands after your arrival there before they proceed upon any other business. [C.O. 153, 15. pp. 229-231.]
July 3.
Whitehall.
238. Circular letter from Mr. Popple to the Governors of Plantations in America. I am commanded by my Lords Commissioners etc. to remind you of your — Instruction and to desire you will transmit to this Board with every private act for the future, a certificate that the same has passed through all the forms required by the said Instruction ; for their Lordships will not for the future propose any private acts to H.M. for his royal approbation without such a certificate. [C.O. 324, 12. pp. 1, 2.]
July 3.
Whitehall.
239. Order of Committee of Privy Council for Plantation Affairs. Approving representation upon petition of Charles Dunbar and agreeing that it would be for H.M. service that all Surveyors General of H.M. Customs in America for the time being should be admitted to sit and vote in the respective Councils within their district as Councillors Extraordinary during the time of their residence there etc., and ordering the Lords Commrs. for Trade to prepare drafts of Instructions for H.M. governors to that effect with provisions as to seniority and copies of acts etc. as proposed. Set out, A. P. C. III. pp. 382, 383. Signed, Ja. Vernon. Endorsed, Recd. 10th, Read 18th July, 1733. 2 pp. [C.O. 28, 23. ff. 104, 104 v., 109 v.]
July 3.
Edenton.
240. Journal of Assembly of N. Carolina, 3rd—18th July, 1733. Attested by, Ayliffe Williams, Clerk of Assembly. Certified by, Governor Burrington. 48 pp. [C.O. 5, 308. Nos. 19, 19 i.]
July 3.
Edenton.
241. Minutes of Council of N. Carolina, 3rd—18th July, 1733. Attested by Robert Foster. Certified by Governor Burrington. 27 pp. [C.O. 5, 308. Nos. 18, 18 i.]
July 3.
Whitehall.
242. Council of Trade and Plantations to the King. Propose Joseph Sherburn and Ellis Huske Esqrs. for the Council of N. Hampshire in the room of Richard Wiberd and John Frost decd. [C.O. 5, 917. p. 82.]
[July 4].
Charles Town.
243. Address of Council and Assembly of South Carolina to the King. Humbly tender unfeigned thanks for distinguishing marks of grace and favour. H.M. truly loyal subjects will industriously continue to deserve H.M. royal favour and protection, suitable to the great occasion they have for them, by being the remotest as well as the most exposed frontier of H.M. Colonys on the Continent. Continue :—We have in all our proceedings (as we ought) esteemed your Majesty's interest, and that of your people to be inseperable, and if any ex parte representations have been made to the contrary, we, from your Majesty's renowned justice, are sure they will have no effect to the prejudice of your good people of Carolina, until they have had an opportunity of justifying themselves. Our endeavours for these purposes cou'd not have had their desir'd effect, had not etc. our Governour (chearfully laying aside all private views) concurr'd with us therein. Permit us, Great Sir, with the utmost submission, to put your Majesty in mind of Port Royal, a harbour in this your Government, in scituation, and for the conveniency of your Majesty's Royal Navy equal (we believe) to any in your Dominions in America ; in hopes your Majesty will in your own time cause it to be fortify'd in such a manner as to make it effectually answer the ends that Nature seem'd to have design'd it for etc. Pray for H.M. long life etc., and assure him of their inviolable attachment to his illustrious House etc. Signed, By order of the Council, Tho. Broughton, Presidt. ; By order of the Commons House of Assembly, Paul Jenys, Speaker. Endorsed, R. (by Mr. Yonge) 4th July, 1733. 1 large p. [C.O. 5, 383. ff. 4, 4 v.]
July 7.
Jamaica.
244. Governor Hunter to the Council of Trade and Plantations. Refers to letter of 29th June and enclosed accounts of "our partys having been beat out by the rebels, or rather of having shamefully abandon'd the place" etc. Continues :—On the 3rd inst. ye Assembly met and I spoke to them etc. Encloses copy, and their reply. Continues :—There was no such act for punishing mutiny and desertion, as is mention'd in that answer, only a clause in the Party bill for that purpose, which bill the Council unanimously advis'd me not to pass, the Assembly having pass'd no bills for raising money to support the expens of it, tho' at the same time they press'd for a recess, and resolv'd to do no more business. On the 5th inst. the two Commanders of the defeated partys came to this town, having examin'd them in Council, I committed them to custody etc. Encloses examination. Continues :—On the 6th I propos'd to the Council to desire a free conference with the Assembly on the present state of the island, which they did, and the Assembly agreed to't, at that conference it was resolv'd that a letter should be wrote to Sr. Chaloner Ogle (copy enclosed), the persons deputed attended him with that letter this morning early, and Sr. Chaloner very readily and handsomely agree'd to their requests, sent immediately on board all the ships in the harbour ; and one hundred and thirty volunteers offer'd their services, and I doubt not but he will speedily compleat the number desir'd. At this conference it was agree'd that all such soldiers as have been in the country's service as well as other free men also should inlist in the Independent Companys should receive the Country subsistance, these Companys having since their being compleated, been weaken'd by death, desertion and sickness. They have also agree'd to the building defensible barracks where I propos'd they should be built, so by degrees they came into my schemes, I wish it may not be too late. Your Lordships will receive with this the Minutes and Journals of Council of the former sessions, as also the four acts pass'd in these sessions mention'd in mine of the 5th of May last. The annual one call'd the deficiency act is the only publick one, the other three are private and want no observations ; it has not been in my power to get from the Speaker the minutes of Assembly, the causeless prosecution or rather persecution of Col. Ashworth, which they dropt at last, having made them so voluminous, but they shall be sent by the first ships homeward bound after this. P.S. The Speaker has sent me the minutes as far as they were copy'd which I send with the other papers by this conveyance. Signed, Ro. Hunter. Endorsed, Recd. 28th Sept., Read 28th Nov., 1733. 3½ pp. Enclosed,
244. i. Mr. Ashworth to Governor Hunter. Titchfield, 27th June, 1733. I am much concern'd, so soon after the agreeable news in my last to inform your Excellency of the unhappy dislodgement of our partys from the three towns. The rebels attack'd them Monday morning and about three our party having as they say fir'd all their ammunition were fore'd to quit. Mr. Draper went yesterday to the Brest Work to dispatch the detachment with arms, ammunition, provisions and reinforcement sent for by Williams and Lambe and just as they were upon marching, the party arriv'd. He has return'd from Brest Work having order'd the party to remain there till he can make a proper disposition to secure that barrack and settlements. As to the manner of our partys loosing the towns etc., refers to following. Continues : But by what I can learn the rebels were not all at their settlement when our partys dislodg'd them, for after our party had sufferd, in the attack on the hill etc., they threw several shott in the towns on Friday, lay quiet all Saturday and Sunday, but on Mondy morning told our people they would starve them and had sent to interrupt the detachment they knew was gone to Port Antonio for provisions and ammunition, that tho' we took their towns they had several of their men come in, and if they stay'd longer expected a greater strength, and about the hour of eight that morning attack'd them on all sides and at the hour of three our partys quitted, making the best of their way to the Brest Work. What reasons are assign'd I have not yet heard, but they talk of the rebels being increas'd to several hundreds and are of opinion that the Leeward gang has joyn'd them. It's a mystery that so much ammunition i.e. 16 cartridges at least each man some more and spare powder in their horns that we should take three of their towns and be drove out of them with the loss of four of our white men taken alive and four kill'd as themselves make mention, and not the ear of a rebel brought in and that they should come so nigh our party as to talk with each other for their leader said to be one of the gang which some time pass'd run from Col. Nedham bid the party negroes to remember him to several of Col. Nedham's negroes, and some of the king's on Navy Island, inviting them by artfull expressions to quit a slavish life. It's not improbable but that some of the deserters from the partys may have joyn'd them. If every parish would make inquiry what party or pioneer negroes are missing and compar'd with the list of negroes were here the day Williams and Lambe march'd, your Excellency might be satisfyed in that point etc., but how they come at powder is the greatest mistery. I wish it don't appear our party left their baggage and some arms besides what belong'd to the poor men that are kill'd and taken. I hope they have not lost any of their powder horns etc. Signed, Jasper Ashworth. Endorsed as preceding. Copy. 3 pp.
244. ii. Lt. Draper to Governor Hunter. Titchfield. 27th June, 1733. Announces return of the party to Brest Work. They informed him they had kept possession of the negroes' towns as long as they had any ammunition left, "which must be false, I seeing the men and several of them have powder and ball on Friday last." Continues : They inform'd me that the wild negroes surrounded them and fir'd very briskly upon them, the wild negroes call'd to our people and ask'd them if they wanted any powder or ball, if they did, they would let them have some, several of them call'd to Capt. Williams and it is suppos'd they are party negroes who have deserted, they call'd to our negroes and enquir'd after their wives and acquaintance, and bid them tell them how well they live and if they will go to them they shall live so too etc. They told them they had more strength coming and would make them another visit. On Monday they surrounded the towns and fir'd from ambushes from 8 till 3 etc. so thick that if they had stayed any longer they must all have been cut off etc. Signed, J. Draper. Same endorsement. Copy. 2½ pp.
244. iii. Governor Hunter's Speech to the Council and Assembly. 3rd July, 1733. Announces defeat of the party ut supra and the measures he has taken to send supplies etc. (v. covering letter). Recommends to their earnest consideration the matters he mentioned to them at the opening of the session in March—the public safety, credit and debts, deficiency of the funds, currency, quit rents and militia and mutiny acts. Recommends payment of the late Agent's salary and account, and suggests his reappointment, and provision for subsistance of the Independent Companies as all their interests are at stake and they must sink or swim together, urges preservation of harmony between Council and Assembly etc. Same endorsement. Copy. 2 pp.
244. iv. Address of Assembly of Jamaica to Governor Hunter. 6th July 1733. Reply to preceding. "We cannot enough deplore the unhappy miscarriage of the parties etc. and at the same time heartily lament the bad success that that bill met with which was calculated for the parties in good decorum and punishing cowardice, mutiny, and desertion, and as we have hitherto us'd the utmost of our endeavours to suppress and destroy our intestine enemys, so we shall continue etc. We shall with all convenient speed form bills for collecting the outstanding debts, for the better ascertaining and collecting H.M. quit-rents, and the better regulation of the militia, and raise such several bills as may supply the deficiencys of the funds : and make proper provision for the two Independent Companys etc. Agree that an Agent is necessary, and will pay the salary and expenses of the late Agent, and consider choice of successor etc. H.E.'s recommendation of harmony will greatly contribute to the service of the island, if followed as heartily and sincerely by the Legislature in general as they on their parts have done etc. Signed, Wm. Nedham. Same endorsement. Copy. 1 large p.
244. v. (a) Examination of Capt. Williams (i) Being asked by H.E. if he had any orders or leave to leave his command, answered he had not. Mr. Draper had ordered him to stay with his men at the Brest Work, but finding they were deserting him, and refusing to obey his orders, he came away. (ii.) Asked what induced him to write a letter signifying that the men were ready to march out, when he knew that there were neither baggage, negroes, provisions or other necessaries ready for him, and whether he had kept any journal, Answered, that the men were ready and willing to march at that time even without their pay. Produced a copy of his journal. (iii) Asked why he did not pursue the rebels immediately upon their retreat, and what was the meaning of keeping the whole body (except a detachment) with himself in open ground and sending a small detachment to attack the flyers that he pretended to have routed, Answered, that he was afraid the rebels might come behind him in another body and repossess themselves of the town.
(b) Examination of Capt. Lamb. (i) To the first question, his answer was, that the many abuses and insults he received from Mr. Draper, and the confusion the men were in induced him to come to H.E. for redress etc. (ii) To same effect as Williams' reply, supra. Believes there were not less than 500 arm'd rebels. When he and Williams were surrounded and attacked in the town, they defended it as long as possibly they could, till the men complained of the want of ammunition, and being overpowered by numbers were obliged to retreat. Believes there were about 18 or 20 of the party missing, and about two small arms. Same endorsement. Copy. 1 p.
244. vi. Council and Assembly to Sir Challoner Ogle, Commander of H.M. ships of war at Jamaica. Spanish Town. 6th July, 1733. In view of the ill success of the parties and advices from Port Antonio intimating fears of a general insurrection of the negroes there, are obliged to apply for the assistance of 200 men from the Navy, who may be sent out with 100 soldiers of the Independent Companies and a body to be raised by the country to dislodge and reduce the rebellious slaves etc. "The Legislature will not fail of giving proper encouragement to the men, and you will in a most particular manner lay a lasting obligation on this island." Signed, Wm. Nedham, Speaker ; Jos. Maxwell, Cl. Concil. Same endorsement. Copy. 1 p. [C.O. 137, 20. ff. 144-145 v., 148-154, 155 v., 156 v., 157, 164 v.]
July 7.
Jamaica.
245. Governor Hunter to the Duke of Newcastle. Duplicate of preceding letter to Council of Trade, mutatis mutandis and omitting two last sentences and postscript. Signed, Ro. Hunter. Endorsed, R. 28th Sept. 3 pp. Enclosed,
245. i.-v. Duplicates of encl. i.-v. preceding. [C.O. 137, 54. ff. 290-293, 294-295, 296-298, 300 v., 301, 302, 304.]
July 9.
Jamaica. Spanish Town.
246. Dr. Stewart to Sir Charles Wager. Dr. Friend, Tho' I told you in my last that I would avoid being troublesome to you about the affairs of this island for the future, yet I find you must either be less obliging, or I am still in danger of going on at the old rate. Our partys consisting of 160 white shott and upwards, with two Captains and four Lieuts. well equipt, got possession again of the negroes' fastnesses, but like errant cowards deserted the place in a few days, being freighten'd with an appearance of 5 or 600 men well armed, as the two Captains are ready to declare upon oath ; This has put the country into a general consternation, and, I think, not without reason ; Our Assembly, now sitting, thought it absolutely necessary to joyn with the Council in a letter to Sr. Chaloner Ogle, desiring his assistance in this our great distress ; This letter was delivered by a Committee of the Council and Assembly, of which I was one. He received us very handsomely and has raised our spirits by cheerfully agreeing to our request, and letting us have 200 men well officered by his own officers etc. Continues : Both bodys are unanimous in owning ourselves to be in a defenceless and deplorable conditia, in short nothing but this sudden releif, given us by Sr. Chaloner, could have prevented a general insurrection, and this you will perceive is agreeable to what the Governor has ever wrote home upon the subject, to which, I believe, credit will now be given, and I hope it will have its weight, before it is too late. We shall raise a considerable body of forces to support them, and all the men of the two independent companys, that are able to march, are to join them. We have greater expectations of success from this expedition than ever, for we are convinced that 200 sailors will do us more service, than any 600 men we could have raised, and what makes this aid still more agreable to the country, is, the danger we should have been in of a general revolt, in case we should have drawn such a number of white people, as were necessary, from the different parts of the country ; and if such a misfortune should once befall us as a general revolt, of course, all the white people in the country must be murdered in a few days, and then it is my opinion, all the power of England could never be able to reduce this island. Why then will England run the risk of losing so valuable a country? Therefore I am, as I have ever been, of opinion, that nothing can save us from such a disaster but three or four more independent companys ; the whole country now seems to be of this opinion, and, if they are not mad, will join in an Address to the King for such relief ; but if we should in this warm climate be really mad, that is no reason why they should be so, in a cooler climate. I believe the Assembly will make the sailors and officers a handsome present etc. Signed, John Stewart. Copy. 3 pp. [C.O. 137, 54. ff. 306-307.]
July 10.
Annapolis Royal.
247. Lt. Governor Armstrong to the Council of Trade and Plantations. Has nothing material to add since 22nd Nov. Will obey instructions of 2nd Nov. last. In obedience to H.M. order of 10th Aug., 1732, has recalled the troops from Pemmequid. The new settlements there are likely to be abandoned, to the great prejudice of these new adventurers. Begs for answers to questions in his letter of 15th Nov. Intends to place the detachment recalled from Pemmequid at Menis, not having altered his design, to visit that place etc., "notwithstanding the indefatigable industry of the French to prevent it, having for that purpose, and the other services of the Government, sent to purchass a vessell at Boston ; otherwise these remote parts will become more and more independent of the English and continue a Colony wholly subservient to the French Government of Cape Breton and Quebeck. Continues : I shall as dilligently as possible, observe the motions of our neighbours, and prevent the multiplication of Preists, and shall also repeat my orders to the new inhabitants of St. Johns River ; But I very much doubt their success, unless attended with force, which occasion a jealousy amongst the Indians, and perhaps cause a rupture with these poor, unreasonable deluded people, whom the French on all occasions make the cattspaw, as they lately have, in regard to my said design at Menis, by threatning these whom I had employed to build the house, for the reception of the troops etc. (v. 15th Nov. 1732). Signed, L. Armstrong. Recd. 17th, Read 18th Oct., 1733. 3 pp. [C.O. 217, 6. ff. 262-263 v.]
July 13.
Virginia.
248. Lt. Governor Gooch to the Duke of Newcastle. My Lord Duke, The season for the return of the trade from hence affords me the honour of paying my duty to your Grace, and to convey to your Grace's hands the Journals of Council and other transactions of this Government. They contain nothing that require your particular attention : The Colony is in a general tranquility, and in an happy prospect of a flourishing trade under the present regulation of its staple, which I hope it will not be in the power of any to gett repealed whilst H.M. employs such Ministers as your Grace, whose care is extended to the remotest of His subjects. Recommends for H.M. mercy William Major, "an unfortunate young man, who by an unhappy blow chanced to kill a sailor in his service, etc. and now lyes under sentence of death." All his Judges make intercession for him etc. Continues :—As he is unable to satisfie the fees of a particular pardon, I am humbly to beseech your Grace to obtain that his name may be inserted in the first Newgate pardon that issues for criminals. I must inform your Grace that having very lately had a unanimous and earnest application made from the Members of H.M. Council for an augmentation of their sallery, I have accordingly recommended it to the Lords of the Treasury, that if it meets with approbation, it may be laid before H.M. The present establishment of £350 pr. annum which is divided among them according to their attendance as Judges of the General Court, and the upper House of Assembly was made near sixty years ago, when neither the business of the one nor of the other was half so great as it is now. Besides, they say, the public affairs require frequent Councils to be held in the vacation between the Courts, which is a trouble they never had till of late years, and not reckoning their expences on such occasions, but confining their dividend to the Courts and Assemblys, they now receive about five shillings per day, which gives uneasiness, as it is thought a lessening of their characters. These my Lord Duke are the reasons urged for the desired augmentation, which they in a particular manner requested me to lay before your Grace, and as the fund of two shillings pr. hogshead is able to support an additional charge, as I prevailed the last Assembly with the Members of the lower House to lessen their sallarys, so long recommended by an Instruction, but never before attempted, I would also humbly propose to encrease that of the Council with an allowance of £250 more pr. annum, which will make about £50 to each of them, and be an encouragement to them to attend the public business with more readiness and chearfulness, which few men care to do at their own expence. Signed, William Gooch. Endorsed, R. 4. Sept. Holograph. 12/3 pp. Enclosed,
248. i. Proclamations by Lt. Govr. Gooch, 2nd Nov. and 15th Dec., 1732, and 26th April, 1733, proroguing the Assembly till 15th Nov. etc. Signed, William Gooch. Copy. 1 large p. [C.O. 5, 1337. ff. 159, 160, 160 v., 161.]
July 15. 249. Lt. Govr. Gooch to Mr. Popple. Having "made a gross mistake" in his letter of 8th Feb. relating to Lord Baltimore's bounds, requests him to substitute there Conneichiga for Cohongarooten River etc. Signed, Will. Gooch. Endorsed, Recd. 12th Sept., 1733, Read 10th Jan., 173 3/4. Addressed. Holograph. 1 p. [C.O. 5, 1323. ff. 91, 96 v.]
July 15.
Virginia.
250. Same to the Council of Trade and Plantations. I have not had the honour of any commands from your Lordships since my last of the 8th of February, and have little to trouble your Lordps. with except to inclose the Council Journals and other public papers for the year 1732 on which it will be necessary to make any remarks. Your Lordships will observe from the journals that there have been some disturbances amongst our Tributary Indians, but as they have had very little influence upon the peace of the Government, your Lordships will find in the journal of the 13th June they thought convenient to accomodate their differences themselves, and I hope we shall have no further trouble with them. Some years ago I informed your Lordships of the appointment I had with the advice of the Council, made of an Adjutant for disciplining the Militia, an officer highly necessary for rendering it useful : But the Auditor General of the Revenues having lately taken exception to the allowance of that officer's sallery without an approbation from the Lords of H.M. Treasury, I have by this conveyance, wrote to their Lordships etc., and entreat your Lordships etc. to second my application for continuing this officer as absolutely necessary to the framing a regular Militia, and without which the laws establishing that kind of defence will prove an useless burden on the Planters. In the Journal of the 26th April last your Lordships will find a motion made in Council for application to H.M. to increase the sallery of his Council, for the reasons therein mentioned : I have according to my promise represented the case to the Duke of Newcastle, and the Lords of the Treasury, whom it more immediately concerns etc. Hopes the Board, if consulted, will have regard to what the Council urge for themselves etc. Continues :—The accounts of H.M. revenues, inclosed, will demonstrate the flourishing circumstances of both branches thereof etc. By the favour of the present season, there is such a prospect of a plentiful crop of tobacco, as I hope will make some amends for the deficiency of the last two years, if no unforeseen accident happens to it : and as the people are come universally to like the present regulation under which their tobacco is placed, I doubt not to see the trade of this Colony more flourishing than ever, the consequence of which must fall with great advantage upon the consumption of the British manufactures. Refers to enclosed bond etc. Signed, William Gooch. Endorsed, Recd. 12th Sept., 1733. Read 15th Jan., 173 3/4. Holograph. 12/3 pp. Enclosed,
250. i. Bond entered into by the Governor of Maryland, in Virginia, upon the departure of Lord Baltimore, for observing the Acts of Trade and Navigation etc. Signed, Sam. Ogle and four others. Seals. Endorsed as preceding. 1 p.
250. ii. Accounts of H.M. revenue of 2s. per hhd. in Virginia, 25th Oct., 1732—25th April, 1733, £9779 15s. 9d. brought forward. Expenditure, £2228 16s. 11d., leaving balance of £8030 7s. Signed, John Grymes, Recr. General ; Audited by, John Blair, D. Audr., and William Gooch. Endorsed as preceding. 2 pp.
250. iii. Account of H.M. Revenue of Quit rents, 25th April, 1732-1733. Brought forward, £3833 10s. 6d. Expenditure, £1203 11s. 1¾d., leaving balance of £6180 11s. 6d. Signed, audited and endorsed as preceding. 3 pp. [C.O. 5, 1323. ff. 92, 92 v., 95 v., 97, 98-101 v., 102 v.]
[July 17]. 251. Remarks upon Instructions to the Governor of North Carolina. Proposes that in place of Mr. Burrington's 41st Instruction one be substituted directing enquiry to be made into the frauds of the blank patents and prosecutions thereupon, and an addition in the 47th Instruction extending it to officers formerly appointed by the Assembly ; also that quit rents should be reduced from 3s. to 2s. pr. 100 acres, as in Virginia, etc. No signature. Endorsed, Read 17th July, 1733. 3¼ pp. [C.O. 5, 294. ff. 68-69 v.]
July 18.
Whitehall.
252. Council of Trade and Plantations to the Duke of Newcastle. Enclose draughts of General Instructions and those which particularly relate to the Acts of Trade and Navigation, for Governor Gabriel Johnston, N.C., to be laid before H.M. Autograph signatures. 1 p. [C.O. 5, 306. No. 25.]
July 18.
Whitehall.
253. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, five acts of St. Xtophers, (i) for preventing the importation of foreign sugar, rum or mollasses, in any other than English-built shipping or from any other place than the place of their growth, or where the said commodities were first shipp'd for transportation ; (ii) for raising a tax on all negroes and other slaves, and on all houses etc. for repairing the fortications etc. and erecting new batteries, and obliging all owners to send a proportion of their slaves to work on the fortifications etc., and explaining the act repealing an act for raising an impost on liquors imported etc. ; (iii) for continuing the duties of gunpowder and small arms upon the tonnage of vessels trading to and with this island ; (iv) for continuing the duties upon wines, beer, ale, syder etc. imported etc. ; (v) for granting H.M. a duty of 8s. per poll on all negroes and other slaves, and 5 p.c. on the rents of all houses etc. towards the discharge of the publick debts and for ascertaining and settling the salaries of the several officers therein mentioned. [C.O. 153, 15. pp. 232-234.]
July 18.
Whitehall.
254. Same to Same. Encloses, for his opinion in point of law, 7 acts passed in Barbados 1731-1733 ;—(i) for laying an imposition on wines ; (ii) for the punishment of runaway slaves ; (iii) for the limitation of actions etc. and the better securing the inhabitants' peaceable possession of their estates ; (iv) for making provision for the accommodation of his Honour the President at Great Pilgrims etc. ; (v) for the better support of H.E. and the dignity of the Government ; (vi) to regulate and ascertain the election, manner of accounting, powers, and proceedings of Churchwardens ; (vii) for the better governing of negroes, and the more effectual preventing the inhabitants from employing their slaves in selling or bartering. [C.O. 29, 15. pp. 419, 420.]
July 18.
Whitehall.
255. Council of Trade and Plantations to the King. Enclose following, "wherein we have made no material alterations from the Instructions which your Majesty was pleased to approve for Mr. Burrington, except in the 41st article, whereby he was directed to examine into several complaints against Sir R. Everard, as also concerning his having issued blank patents for lands etc. But Sir Richard being since dead, we have left out that part of the Instruction which related personally to him, and have prepared a new one for Mr. Johnston, by which he is directed to make a particular enquiry into the grants of land which have been made in this Province since 1728 ; and upon discovery of any fraudulent practices therein to order the necessary prosecutions for vacating the same, of all which he is directed to transmit particular accounts to be laid before your Majesty. We further beg leave to acquaint your Majesty that James Jenour and John Porter Esqrs., lately Members of your Majesty's Council in North Carolina, being dead ; Cornelius Harnet having resigned ; and Edward Moseley, Roger Moore and Cullen Pollock Esqrs. having been recommended to us as persons every way qualifyed etc. we have inserted their names instead etc. Annexed,
255. i. Draft of Instructions to Governor Johnston. v. preceding. [C.O. 5, 323. ff. 62-106.]
July 19.
Hampton Court.
256. Order of King in Council. Approving draught of additional Instruction to Governor Cosby for annexing the Equivalent land to the most convenient county etc. Signed, Ja. Vernon. Endorsed, Recd. Read 20th Dec., 1733. 2 pp. [C.O. 5, 1056. ff. 63, 63 v., 68 v. ; and 5, 195. ff. 454, 454 v.]
July 19.
Whitehall.
257. Order of King in Council. Approving draught of Additional Instruction to Governor Matthew to impower him to accept of an additional salary from the respective Assemblies of the islands. The Instruction is to be similar to that given to Lord Howe Governor of Barbados, with this addition, that the acts for settling an additional salary be past before the respective Assemblies proceed upon any other business etc. Signed, Ja. Vernon. Endorsed, Recd. Read 20th Dec., 1733. 1¼ pp. [C.O. 152, 19. ff. 196, 196 v., 199 v. ; and 5, 195. f. 296.]
July 19.
Whitehall.
258. Order of King in Council. Ordering that the name of Wavell Smith be left out of the list of Councillors for St. Christophers in regard he does by himself or Deputy execute the several offices of Clerk of the Council, Clerk of the Courts, Clerk of the Ordinary, Register in Chancery and Register of the Admiralty in the said Island and in all the rest of the Leeward Charribbee Islands some of which offices are inconsistent with and others beneath the dignity of the office of a Councillor etc. Likewise that Charles Bridgewater jr. Esq. be left out of the list of Councillors for Nevis in regard he officiates as Deputy to the said Wavell Smith in all the aforementioned offices within that island. Notwithstanding which H.M. doth hereby authorize and empower Governor Mathew etc. to restore them to their respective seats in the Councils, in case, upon his arrival, Smith shall cease to officiate by himself or Deputy in the said offices, and Bridgewater as his deputy etc. Signed, W. Sharpe. Endorsed, Recd., Read 15th Nov., 1733. 1½ pp. [C.O. 152, 19. ff. 179, 179 v., 185 v. ; and (Endorsed, Recd. Read 20th Dec.), 195-195 v.]
July 19.
Hampton Court.
259. Order of King in Council. Approving draught of General Instructions for Governor Mathew and those relating to the acts of Trade and Navigation, but directing that Wavell Smith and Bridgewater be left out of the Councils, as ordered in preceding. Endorsed as preceding. 1½ pp. [C.O. 152, 19. ff. 180, 180 v., 184 v ; and (signed, Ja. Vernon) 5, 195. f. 245.]
July 19. Whitehall. 260. Council of Trade and Plantations to the Committee of the Privy Council. Report upon petition of Robert Thorpe (v. 27th April). We find the allegations of this petition to be true, and with respect to the difference between the petitioner's grant and other grants of land made by the Lords Proprietors, etc. annex copy of Mr. Whitaker's memorial on that subject, "in which these grants are distinguished under three denominations vizt. ancient patents, or those Letters Patent formerly granted to the nobility of So. Carolina, the Landgraves and Cassicks ; secondly, modern patents, which are those conveyances that have been granted by ye late Lds. Proprietors to private persons, wth. particular clauses and condicons, before ye year 1727 ; and thirdly, reciprocal patents, or grants which ye Lords Proprietors made to one another of divers baronys, or large tracts of lands to be held in severalty. The grant now before yor. Lordps. comes under ye denominacon of a modern patent, which is a general grant made by the Lds. Proprietors of a certain tract of land to be taken up, in any part of Carolina, upon condition the grant be enrolled within two years after its date ; and containing a special direcon in ye body of ye deed, to ye Surveyor General of Carolina, to cause ye land granted, to be laid out and admeasured. This direction to ye Surveyor General, wch., after enrollment in South Carolina is esteemed of equal authority with ye Govr's warrant for laying out lands, is we apprehend ye chief point wherein this grant differs from ye ancient patents, wch. are destitute of such a clause, and according to Mr. Whitaker's information, have never been regularly return'd or recorded in any proper office, to wch. ye subject might have access. [C.O. 5, 401. pp. 71-73.]
July 19.
Hampton Court.
261. Order of King in Council. Approving draught of Additional Instruction to Governor Johnson (S.C.) concerning grant of lands to Col. Purry (v. 19th June). Signed, Ja. Vernon. Endorsed, Recd., Read 20th Dec., 1733. 2 pp. [C.O. 5, 362. ff. 221, 221 v., 222 v. ; and 5, 195. ff. 450, 450 v.]
July 20.
Hampton Court.
262. H.M. Additional Instruction to Governor Johnson as preceding. Signed, G.R. 2¾ pp. [C.O. 5, 195. ff. 452-453.]
July 20.
Hampton Court.
263. H.M. Instructions for Governor Mathew (v. July 19th). Signed, G.R. [C.O. 5, 195. ff. 247-276 v.]
July 20.
Hampton Court.
264. H.M. Instructions for Same, relating to the Acts of Trade and Navigation. Signed, G.R. [C.O. 5, 195. ff. 278-292 v., 293 v., 294.]
July 20.
Hampton Court.
265. H.M. Additional Instruction for Governor Mathew, empowering him to accept an additional salary etc. as July 3rd., 19th. Signed, G.R. 1¼ pp. [C.O. 5, 195. ff. 298, 298 v.]
July 20.
Hampton Court.
266. H.M. Additional Instruction to Governor Cosby for erecting the "equivalent land" into a county etc. (v. 19th July No. 257). Signed, G.R. 1 p. [C.O. 5, 195. f. 456.]
July 21.
London.
267. Samuel Webber, Edward Townsend and others to the Duke of Newcastle. Wee understand Sr. Phillip York's opinyon is that H.M. to grant us a charter might cramp the woollen fact. etc. Complain of calumnies and misrepresentations of their scheme, which is ready to be produced and than which "nothing has yet been done for trade and enriching England for the more inlargeing it" etc. Pray to be allowed to wait upon his Grace and to be heard by Counsel before H.M. and Council etc. Signed, Saml. Webber, Edward Townsend and six others. Addressed. 1 p. [C.O. 5, 306. No. 26.]
July 25.
Whitehall.
268. Order of Committee of Privy Council. Referring following representation to the Council of Trade for their report. Signed, W. Sharpe. Endorsed, Recd. Read 26th July, 1733. ¾ p. Enclosed,
268. i. Governor Fitzwilliam to the Committee of Council. The land whereon it hath been proposed to erect a new fortification is the private property of some inhabitants, but may be purchased for £250 or £300. Submits whether it should be provided for in the purchase of the Proprietors' right, or in the estimate of the charges for the works proposed there. Signed, R. Fitzwilliam. Endorsed, Recd. Read 26th July, 1733. 1 p. [C.O. 23, 3. ff. 69, 70, 71 v.]
July 25. 269. Declaration by John, Richard and Thomas Penn etc., that the King's royal approbation and allowance of Patrick Gordon esquire, to be Deputy Governor of Pensilvania and the Three Lower Counties upon Delaware River shall not be construed in any manner to diminish or set aside the right claimed by the Crown to the said Three Lower Counties etc. Signed, John Penn, Richard Penn ; and the same for Thos. Penn. Seals. Endorsed, Recd., Read 26th July, 1733. 2/3 p. [C.O. 5, 1268. ff. 124, 129 v.]
July 25.
Whitehall.
270. Order of Committee of Council. Referring following to the Council of Trade and Plantations. Signed, W. Sharpe. Endorsed, Recd., Read 26th July, 1733. 1⅓ pp. Enclosed,
270. i. Petition of John, Thomas and Richard Penn to the King in Council. Springett and Hannah Penn, now deceased, having appointed Major Patrick Gordon to be Lt. Governor of Pennsylvania and the Three Lower Counties etc., (v. C.S.P., 1726) petitioners have continued him in his government, and pray for H.M. allowance and approbation under the usual conditions. Signed, John Penn, Richard Penn and the same for Thos. Penn. Copy. 1¾ pp. [C.O. 5, 1268. ff. 125-126 v., 128 v.]
July 25.
Whitehall.
271. Order of Committee of Privy Council for Plantation Affairs. Referring following to the Council of Trade and Plantations for their opinion. Signed, Wm. Sharpe. Endorsed, Recd. 26th July, Read 26th Sept., 1733. 1½ pp. Enclosed,
271. i. Petition of Thomas Lord Fairfax to the King in Council. Recites grant of Charles II of the territory in Virginia about the sources of the Rappahannock etc. There have been divers disputes between the Governor and Council, and petitioner's Agent, Robert Carter, touching the boundaries of the said tract. The Governor and Council have actually granted several parcels of land, and run out surveys of others clearly within petitioner's bounds. Refers to report of Council of Trade 20th July last, upon the petition of Sir. Wm. Keith etc., in which they proposed the appointment of Commissioners on the part of Virginia and the several claimants to settle the boundaries of their respective districts. Petitioner's Attorney, Robert Carter having died, he fears that the Governor and Council will take advantage of his want of an Attorney to make more grants of his land. By reason of the said disputes, many of his tenants refuse to pay any rents or own themselves his tenants etc. To prevent confusion and disturbance, prays H.M. to order a Commission to issue for ascertaining the bounds of petitioner's tract, an equal number of Commissioners to be appointed on behalf of Virginia and Petitioner etc., within a reasonable time etc. The conclusion set out, A.P.C. III. p. 385. Copy. 6¼ pp. [C.O. 5, 1323. ff. 76-80, 81 v.]
July 26.
Jamaica.
272. Governor Hunter to the Council of Trade and Plantations. The inclos'd extract from the Minutes of Council will let your Lordships in to the present situation of affairs and disposition of the Legislature here ; At their meeting after the prorogation I spoke to them as in the inclos'd copy. They have had an other money bill or the same with some variations on the anvil, which as yet is not come up to the Council, so I can make no judgement of it. By the next ship your Lordships shall be more particularly inform'd of the whole. John Moore Esqr. of H.M. Council here dy'd on the 17th of this month, which makes an other vacancy at that board. Signed, Ro. Hunter. Endorsed, Recd. 31st Oct., Read 28th Nov., 1733. 1½ pp. Enclosed,
272. i. Governor Hunter's Speech to the Council and Assembly, 21st July, 1733. To save time, of which every minute lost is now of the greatest consequence to the island, refers to his speech at the opening of last sessions. It will be but further loss of time to frame bills contrary to the tenor and express meaning of H.M. Instructions to him, for H.M. disapprobation of such laws must affect the public credit there, already in a languishing state etc. By virtue of the Act for raising partys etc. the several partys are either arrived at or on their march to the North East parts, so that something must be immediately and effectually done to prevent confusion and the greatest danger to the country. Same endorsement. Copy. 1½ pp.
272. ii. Extract of Minutes of Council, 19th July, 1733. The Assembly rejected an amendment by the Council to the bill for raising several sums of money, the amendment provided that negroes landed for refreshment only should be exempted from the tax therein proposed. As the bill without this amendment broke through the Instruction of 10th Dec., 1731, the Governor by and with the advice of the Council prorogued the Assembly for a short time, (till 21st July), in order to give them an opportunity to introduce a new bill etc. Same endorsement. Copy. 31/8 pp. [C.O. 137, 20. ff. 158-161 v., 162 v., 163 v.]
July 26.
Jamaica.
273. Governor Hunter to the Duke of Newcastle. Duplicate of preceding letter, mutatis mutandis. Signed, Ro. Hunter. Endorsed, R. 19th Novr. 1½ pp. Enclosed,
273. i., ii. Copy of encl. i., ii. preceding. [C.O. 137, 54. ff. 308, 308 v., 309 v-310 v., 312-313 v.] ; and, (duplicate of encl. i only) 137, 47. ff. 166, 166 v.]
July 26.
Whitehall.
274. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, act of St. Christophers, 1732, for barring and cutting off all estates tail etc. appointed by Clemt. Crook. [C.O. 153, 15. p. 234.]
July 27.
Jamaica.
275. Mr. Ayscough to the Duke of Newcastle. Refers to H.M. Privy Seal, 31st May, 1731, restoring him to his old rank in the Council, and Additional Instruction 11th Aug., 1732, appointing him to the Government as President of the Council in case of the death or absence of the Governor. Cannot but regard Mr. James Lawes' commission to be Lt. Governor in such case as a tacit reflection upon himself, Mr. Lawes having been a Councillor for a few years only, and he himself having acted as Lt. Governor on the death of the Duke of Portland. Prays for his Grace's favourable representation to H.M. in his behalf etc. Signed, J. Ayscough. 4 pp. [C.O. 137, 54. ff. 316-317 v.]
July 27. 276. Mr. Fane to the Council of Trade and Plantations. In reply to July 18th, has no objection to the Act of Barbados for the better support of the Governor etc. Signed, Fran. Fane. Endorsed. Recd., 27th July, Read 28th Aug., 1733. 2/3 p. [C.O. 28, 23. ff. 112, 117 v.]
July 31.
Whitehall.
277. Council of Trade and Plantations to the Committee of the Privy Council. In reply to Order of 25th July, have no objection to Patrick Gordon being continued as Deputy Governor of Pennsylvania, John, Thomas and Richard Penn having delivered a declaration in the usual form for saving the right claimed by the Crown to the three Lower Counties on Delaware River etc., provided that Mr. Gordon do again take the usual oath of office and give proper security for his observance of the laws of Trade and Navigation before H.M. Lt. Governor of Virginia etc. Enclose following. Annexed,
277. i. H.M. Additional Instruction to the Governor or Lt. Governor of Virginia for administering the oaths to and taking security from Mr. Gordon. [C.O. 5, 1294. pp. 65-70.]
July 31.
Whitehall.
278. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, Act of S. Carolina, 1696, for the encouragement of the better settlement of S. Carolina, and a continuing Act etc. [C.O. 5, 401. p. 74.]