America and West Indies
August 1733, 16-31

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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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163-179

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'America and West Indies: August 1733, 16-31', Calendar of State Papers Colonial, America and West Indies, Volume 40: 1733 (1939), pp. 163-179. URL: http://www.british-history.ac.uk/report.aspx?compid=79275 Date accessed: 21 October 2014.


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August 1733, 16-31

Aug. 18.
Jamaica.
311. Governor Hunter to the Council of Trade and Plantations. Yesterday the 17th after having given my assent to the four last acts in the list herewith inclos'd, the others having before receiv'd it, I prorogu'd this Assembly to the 2nd of October next, having first spoke to them in answer to a very odd message of theirs as in the inclos'd copy. Your Lordships have here also a copy of that message. (v. 22nd Aug. encl. i.) The partys consisting of one hundred men of the two Independent Companys, one hundred of a country party, and two hundred seamen begun to file off from Port Antonio on Wednesday last in order to attack the slaves in their fastnesses on three accessible quarters at the same time. They have done much mischief of late and flusht with success have ventur'd to plunder a plantation within sight of the town of Titchfield and some others more remote, and have of late been troublesome in several other parts of this island. The Bristol ship on board of which this letter is to go being ready to put to sea, I can at this time add no more, than that I am with all honor, Signed, Ro. Hunter. P.S. Will transmit journals and minutes of Council and Assembly so soon as they can be got ready. Endorsed, Recd. 15th, Read 28th Nov., 1733. 1½ pp. Enclosed,
311. i. List of Acts passed the two last sessions. (i) for the speedy fitting out of partys to suppress the rebellious slaves etc. ; (ii) for raising several sums etc. for subsisting the two Independent Companies, preventing the exportation of several commodities into the French and Spanish islands, and subjecting the party men to the rules and articles of war in force in this island in the time of the last martial law ; (iii) for the ease of the inhabitants of the parish of St. James ; (iv) for the more speedy and effectual collecting the publick and parochial outstanding debts ; (v) for securing and collecting H.M. quit-rents, fines and forfeitures etc., and for regulating the manner of escheats, and for securing the possessors of lands already forfeited and settled and further discovery of such forfeited lands and encouraging the settling thereof ; (vi) to repeal part of an act to oblige the inhabitants to provide themselves with a sufficient number of white people etc. ; (vii) for running, cutting and clearing the dividing lines, and cutting of roads in and between the parishes of Westmorland and Hanover, and for repairing a bridge over Cabbaritta River etc. Same endorsement. 1¾ pp. [C.O. 137, 20. ff. 165-166 v., 169 v., 170 v.]
Aug. 18.
Jamaica.
312. Governor Hunter to the Duke of Newcastle. Has only time to refer his Grace to enclosed. Will send more particular accounts as soon as possible. Signed, Ro. Hunter. Endorsed, R. Nov. 18th. 1 p. Enclosed,
312. i. Governor Hunter's Speech to the Assembly of Jamaica, 17th Aug., 1733. (v. 22nd Aug. encl. i.)
312. ii. Message of Assembly to Governor Hunter, 15th Aug. (v. 22nd Aug. encl. i).
312. iii. Duplicate of Hunter to Council of Trade. 18th Aug.
312. iv. Copy of 18th Aug. encl i. [C.O. 137, 54. ff. 318, 319 v.-321, 322, 324, 324 v., 326, 326 v.]
Aug. 18.
Pilgrims.
313. Governor Lord Howe to the Duke of Newcastle. Encloses copies of correspondence with the Governor of Martinique relating to the evacuation of Sta. Lucia, St. Vincents and Dominico. Continues : By which your Grace will find there was a stop at first to the publishing our orders, occasion'd by a story rais'd on purpose to delay the putting them in execution, which was, that I had order'd a sloop from hence to take possession of those islands in the King's name, tho' the thing was intirely false and therefore I disown'd it in my letter to Monsr. Champigny, yet I thought proper to acquaint him at the same time that I had order'd my Commission to be publish'd in those islands, but that being no new thing, all H.M. Govrs. of the Caribbee Islands having had that Instruction, it coud have no relation to the present dispute, when this was clear'd up, the French Governour came into everything that was propos'd and had it not unfortunately happen'd, that the sloop prepar'd by the gentlemen here for Colonel Maxwell, sprung a leak, which render'd her incapable of sailing to Dominico and St. Vincents, I shoud now have sent your Grace an account of our orders having been publish'd in those two islands, as well as in Sta. Lucia, which was done on Monday the 30th of July by Colonel Maxwell jointly with Monsr. de Rearney, Major and Lieut. de Roy of Martinique ; this being the time of year in which the hurricanes are expected, I am afraid it will be impossible for me to get this affair finish'd by having our orders publish'd in Dominico and St. Vincents so soon as I coud wish, but your Grace may be assur'd I will take the first opportunity of obeying H.M. commands and shall take care that everything is done conformable to my orders with all the expedition imaginable. Your Grace will observe that Monsr. Champigny desir'd me to join with him in allowing the inhabitants of Sta. Lucia a longer time for evacuating that island than was granted them in our orders, but as I did not think myself impower'd so to do, I did not consent to it, but insisted that everything must be done according to the order, which if they do not comply with in everything, I shall immediately have the honour to advise your Grace of it. I have also inclos'd to your Grace copys of the Journals of the Council and the Minutes of the Assembly from the day of my arrival to the 12th day of July inclusive. Upon looking over the Council books I found there had been an order of his late Majesty in Council to remove Col. Thomas Maycock from being in the Commission of the Peace, which as I had not an opportunity of knowing before the last Commission of the Peace was made out and it having slipt the gentlemen that had the care of regulating that Commission, he was inserted, but as soon as I found the mistake, I immediately acquainted the Members of the Council with it, who unanimously agreed that a writ should be issu'd to supersede him, which was accordingly done etc. Col. Leslie one of the Council is dead etc. Recommends Henry Peers jr., Esq. to supply the vacancy. Mr. Pilgrim one of the Members of the Council and chief Judge of the Bridge Court being gone off the Island for his health, Mr. French and Mr. Weekes junr. two of his Assistants having desir'd to be excus'd from serving any longer and the Members of the Council being unanimous in their opinions that the other two Assistants Mr. Young and Mr. Charnock were not proper persons to be continued in that Court I have with the advice of the Council fill'd it up by appointing Judge Beccles Chief Judge, Mr. Brace, Mr. Ball, Mr. Nath. Haggat and Mr. Roberts Assistants. Signed, Howe. Endorsed, R. 3rd Nov. 32/3 pp. Enclosed,
313. i. Governor Lord Howe to the Marquis de Champigny, Governor of Martinique. Pilgrim, June 23, 1733. Upon my arrival at Barbados finding the orders of the King my Master and his Most Christian Majesty concerning the entire evacuation of Sta. Lucia, St. Vincents and Dominico, all which islands are under my government and to which the King my master has an undoubted right, have not yet been put in execution, which I suppose may proceed from an objection your Excellency is pleas'd to make in your letter to the President Berwick that you knew of no orders but those directed to Governor Worsley etc., I must acquaint your Excellency that objection can have no weight, for the order sent to Mr. Worsley is directed in his absence to the Commander in Chief or to the President of the Council for the time being, but the King my Master being desirous to remove any difficultys that there may still be with regard to the former order has signed a new one directed to me etc. Sends copy by Col. Maxwell, who has full powers from him to concert with his Excellency measures for proceeding forthwith to the reciprocal evacuation of the said Islands etc. Copy. 1¾ pp.
313. ii. Marquis de Champigny, to Governor Lord Howe. Fort Royal, Martinique. 12th (N.S.) July, 1733. Acknowledges receipt of preceding letter relating to Sta. Lucia, St. Vincent and Dominico, "the first belonging to the King my Master and the other two to the native Caribs in accordance with the Treaty made between our two nations, 31st March, 1660, and in the possession of which it is the intention of the King my Master that they should be maintained. As to the letter of Mr. Berwick, 10th May, 1732, referred to, the deputation then sent to me was only a first step towards an agreement as to the method executing our orders from our royal masters. My reply shows my sincere and favourable inclination to conclude this affair when it should be deemed convenient. I must frankly own, Sir, that I flattered myself that the Governor of Barbados would have arrived during that time, so that I might have the satisfaction of dealing with my equal, as happens now in the person of your Excellency etc. Immediately upon the arrival of Mr. Maxwell, I had given orders for finding a suitable sloop for carrying to Sta. Lucia the officer I have empowered to execute our orders conjointly with him. But in the mean time etc. reliable information reached me from Sta. Lucia that a person of your nation (whose name I was asked not to disclose) happening to dine on the 7th inst. with a Frenchman in that island had declared before seven or eight other Frenchmen that in the previous week an English sloop, from Barbados, had anchored off the Pointe de Sable of Sta. Lucia, and that forthwith several English officers had landed, and gone to the house of one Cordes, an Englishman, and that they, with a flag and several drums had taken possession of the island on behalf of your Excellency, by order and on behalf of His Britannic Majesty ; and that from thence the said sloop was to go to St. Vincent and Dominico to take possession of them in the same manner. This news, etc. makes me think that I ought not to proceed to the execution of my master's orders until I have verified the fact or obtained a disavowal from your Excellency of your having taken possession of the said islands etc. Signed, Champigny. French. Copy. 3¾ pp.
313. iii. Mr. Ollivier to M. Poinsable, Lieutenant de Roy at Martinique. Ste. Lucie, 9th July (N.S.), 1733. You will doubtless have learnt that the English have taken possession of this island, with flag flying and to the sound of the drum. I have just received confirmation of the affair, and that the ship which brought the officers there is still at the old Fort. She has 8 guns etc. The King's ship stationed at Guadeloupe has been informed, and that stationed at Martinique is at anchor with the other at the careening etc. Signed, Ollivier. Addressed. Copy. French. 1½ pp. [C.O. 253, 1. No. 63.]
313. iv. Governor Lord Howe to the Marquis de Champigny. Pilgrims. July 22, 1733. Reply to No. ii. As I have not sent any boat with any such orders, I am very much surprised at this account, nor can I imagine it can be true, but should this have happened and I could know the persons that dared to take this liberty they should be severely punished. Hopes H.E. will not believe that he would take such a step during their negotiations etc. Indeed upon my first arrival and long before I did myself the honour to send to your Excellency I ordered my commission to be published in the islands under my government according to an Instruction which has been always given by H.M. to all his Governours of his Caribbee Islands, which as it is no new thing, it cannot possibly have any relation to the present dispute, but I chose to say this that it might not be understood by my disowning the account of M. Olivier, that the King my Master by his having agreed with his most Christian Majesty that these islands should be evacuated by both nations, is in the least diffident of his undoubted right to all those islands. Should Monsr. Olivier's account be true etc., it must have been carryed on by some ill-designing persons on purpose to frustrate and put off the immediate execution of our orders, but as I have entirely cleared up this point etc., hopes H.E. will not delay, and therefore sends Col. Maxwell again to concert measures for the evacuation etc. Signed, Howe. 22/3 pp.
313. v. Marquis de Champigny to Governor Lord Howe. Fort Royal, Martinique. 13th (N.S.) Aug., 1733. Acknowledges preceding. He had sent to the islands for information, but was so surprised to learn on all sides that there was no confirmation of the report, that he was about to dispatch a vessel to inform the Governor of Barbados that they had been deceived. On the arrival of Col. Maxwell with Capt. Reddish, he at once sent a vessel under M. de Kerney to accompany them. The proclamation was made at Sta. Lucia in the Port of the Petit Carénage on the 9th, to the satisfaction of our two deputies, and with all the submission one would have expected from good and faithful subjects, and with acclamations of joy which one could not have anticipated in such circumstances. The two sloops were proceeding to do likewise at St. Vincent and Dominique, when Col. Maxwell came on board M. Kearney, informed him that his sloop had sprung a leak and was so low in the water that he could not continue the voyage in this season of bad weather. The deputy will no doubt explain to you the reasons why I decided to send him back to Barbados in the best vessel we could find, in spite of my offers to repair his sloop here without any expense to him, a right of hospitality legitimately due between good neighbours, etc. Continues : Although this unforeseen accident has interrupted the complete performance of our instructions, I think the proclamation at Sta. Lucia (the principal object, and, so to speak, the only one of the three islands which has occasioned these orders etc., and the only one suspected, one may say, with reason, of the greater part of the foreign trade, carried on between our two nations, in spite of all the care and trouble taken by me to prevent it, and by your Excellency on your part, and in defiance of the strict orders given on this subject), all these considerations make me believe their Majesties will be satisfied with what we have done, all the more so that I have not heard of any foreign trade being done in St. Vincent and Dominico, where they only collect building timber and lime stone etc. Will be ready to complete their evacuation when H.E. desires etc. The present season of bad weather having made me foresee what would inevitably be represented by the inhabitants of the three islands, I proposed to your Deputy that we should take upon us to grant them more than the one month which is prescribed. But Col. Maxwell having replied that he had no power to do so, we agreed that the proclamation should conform to our orders, and that he would represent to your Excellency that it would be a matter of justice and humanity to prolong the term till after the bad weather season, and even to the end of the year for those who could show that they had crops in the ground etc. Hopes for favourable reply by return etc. Signed, Champigny. Copy. French. 4 pp.
313. vi. Governor Lord Howe to the Marquis de Champigny. Pilgrims. Aug. 15th, 1733. Reply to preceding. Regrets accident to sloop. As soon as the season will permit, will despatch a representative with full powers. Cannot consent to give further time to the inhabitants of Sta. Lucia, his orders being very strict. Returns thanks for the civilities he has shown to Col. Maxwell etc. Signed, Howe. Copy. 2 pp. [C.O. 28, 45. ff. 253-255 v., 257-259 v., 262-263, 264-265 v., 267, 267 v.]
Aug. 20.
Hampton Court.
314. H.M. Warrant appointing Richard Salter to the Council of Barbados, in the room of Samuel Barwick decd. Countersigned, Holles Newcastle. Copy. [C.O. 324, 36. p. 420.]
Aug. 20.
Hampton Court.
315. H.M. Warrant appointing Joseph Sherburn to the Council of New Hampshire in the room of Richard Wibird decd. Countersigned. Holles Newcastle. Copy. [C.O. 324, 36. p. 421.]
Aug. 21. 316. Address of Assembly of Barbados to the King. Return most humble and hearty thanks for royal assent to Act for better encouraging the trade of H.M. Sugar Colonies in America. Conclude : As the wellfare and prosperity of your Majestys' Sugar Colonyes in America are of the greatest consequence and importance to the trade, navigation and strength of your Majesty's Kingdom, and the planters have of late years fallen under such great discouragements, that they were unable to improve or carry on the sugar trade upon an equall footing with the foreign Sugar Colonyes without some advantage and releif had been given to them from their Mother Country, the passing that law is justly apprehended as a signall and most valuable instance of your Majesty's paternall care and concern for your Sugar Colonyes, who now entertain hopes through the blessing of God and your Majesty's favour and protection, of being restored to a flourishing condition. Pray for blessings on H.M. and his royal Consort etc. Signed, Robt. Warren, Cl. of the Assembly. 1 large p. [C.O. 28, 45. ff. 269 v., 270.]
Aug. 22.
Jamaica.
317. Governor Hunter to the Council of Trade and Plantations. The inclos'd I transmitt to your Lordships at the request of the Council which contains a very just state of affairs here between them and the Assembly etc. I shall soon write again etc. Signed, Ro. Hunter. Endorsed, Recd. 15th, Read 28th Nov., 1733. 1 p. Enclosed,
317. i. Governor and Council of Jamaica to the Council of Trade and Plantations. 17th Aug., 1733. St. Jago de la Vega. Abstract. Represent the imminent danger of a general insurrection of slaves and refer to their application for assistance from the Navy. Continue : "However when it was within few days after proposed to the Assembly to apply to H.M. for eight Independant Companys for our preservation, as had been agreed by a Committee of both Houses, it was carried in the negative. Some popular arguments were made use of against a standing army, and the inconsistency of such an application with their former resolutions. It is true they did send up a bill for building barracks and sending out flying partys, which we were under a necessity of rejecting because we thought several of the schemes propos'd were impracticable, and it tended in general to wrest the power out of the hands of the Governor and fix it in Commissioners who consisted chiefly of members of their own House, divided for each barrack, some of which Commissioners were only five in number, vested with authority to hold Court Martials and to try for capitall cases by a Quorum which might sometimes happen to be but three, and to direct routs and marches, give judgment upon penaltys for contempts to themselves, and this without the knowledge or direction of the Commander in Chief, and in no way accountable to him for their proceedings. They likewise directed the payment of such partys out of funds already appropriated, to the lessning the credit of the island, by all which powers they would gain such sway in each respective parish, as to be able to influence any future elections etc. Refer to dropping of bill for raising several sums etc. (v. 26th July, encl. ii). Continue : The Assembly past a second bill in many respects worse than the first, but not liable to the same objection as to the Instruction (10th Dec., 1731), and the Council seeing the service at a stand for want of money, and that the Independant Companys were no otherwise provided for, than by this bill, and had already been thirteen weeks without any additional subsistence, knowing likewise that the Assembly would receive no amendment to a money bill, a right they have always contested with the Council, tho' H.M. Instructions is expressly in their favour, were obliged to pass it, and advised the Governor to doe the same. We cou'd mention several other instances wherein the Council have been obliged to submit to the obstinacy of Assemblys from the necessity of the times, and to pass some bills in many particulars against their judgment for fear of exposing the country to too much hazard etc. Hope that, if they have not strictly complied with H.M. Instructions, H.E. will attribute it to absolute necessity etc. Signed, John Gregory, Rich. Mill, J. Lawes, Edw. Charlton, Will. Hayman. Annexed, Copy of Minutes of 19th—21st July (v. 26th July end. i. and ii.) Copy of Minutes of Council and Assembly 31st July, 1st Aug., 1733. After a Conference, etc., described above, H.E. passed the Additional Duty bill, but acquainted the House that the Receiver General had several times informed him that he had no money and could find no credit, so that many requisites for the intended expedition were wanting, particularly provisions etc. As soon as he was informed that such necessaries had been found, he would order the forces for the intended expedition to be immediately sent to Port Antonio. On 14th Aug. the Assembly addressed H.E. for a recess to attend to their private affairs. H.E. replied that some bills sent up last Saturday were still under the Council's consideration, and that the bill in which there was a clause for continuing the present parties being dropped, and a great part of the time limited by the Act for raising such parties being already spent, the recess must be very short to prevent confusion and great inconveniencies, unless some expedient were found out to prolong that time. 15th Aug. In a second message to H.E. the Assembly replied that having been convened 13th March last, they had for four months applied themselves assiduously and zealously to dispatch the things recommended by H.E., "notwithstanding the many obstructions given to their faithfull endeavours by frequent prorogations, all which in duty to H.M. and out of regard to those whom they represent they acquiesced under, in hopes that private passions might in time give way to the publick good, but as it evidently appears to them that such obstructions were calculated and are continued with an intent to harrass the members of the Assembly, and by that means bring them to betray not only themselves but those whom they represent, the House again repeat their earnest request to your Excy. to give them a recess for a reasonable time." 17th Aug. Before proroguing the Assembly, the Governor replied to "your last most extraordinary message ..., least it should have that effect for which it seems to have been calculated, that is, to insinuate without doors that I, or H.M. Council here have obstructed business. I know of no obstructions but what have been occasioned by yourselves, or private passions but such as have arisen and have been propagated like a pest amongst yourselves. The prorogations complained of were the necessary effects of your own proceedings in framing such bills, as the Council without breach of duty could not pass, or I assent to etc., which you have in effect own'd by sending up a new bill conformable to H.M. Instructions etc. They who betray those you represent, and you too, are such as have had the art or luck to perswade you to endeavour and grasp at powers which do not appertain to you, and which it will be for ever vain for you to attempt, etc. This recess must be short, since in spite of repeated applications, nothing has been done for prolonging the short time prescribed by the act for continuing the parties, nor for appointing an Agent at the Court of Great Britain, "whilst at the same time you well know that persons interested are determin'd to give all the opposition they can to your money bills." Appeals to the world, if in any one instance he has sought his own interest or done injury to any man, though he has borne with much. "I have been contented with the legal incomes of my post, tho' scantily pay'd, and I have done justice to all men etc. If I have in anything err'd etc., it has been in excess of forbearance and complaisance, which, however, intended I own have missed their aims" etc. Endorsed, Recd. 15th, Read 28th Nov., 1733. Copy. 13 pp. [C.O. 137, 20. ff. 167, 168 v., 171-177 v.]
Aug. 22.
Jamaica.
318. Governor Hunter to the Duke of Newcastle. Encloses following as in preceding letter. Signed, Ro. Hunter. Endorsed, R. 19th Nov. 1 p. Enclosed,
318. i. Duplicate of encl. i. preceding. [C.O. 137, 54. ff. 328, 330-336.]
Aug. 22. 319. Mr. Fane to the Council of Trade and Plantations. Report upon Act of St. Christophers, 1722, to enable Andrew and Peter Audain etc. to sell lands to William Pym Burt Esq. etc. The act is intended to make void a settlement of lands purchased by Isaac Peter Audain, the father, and given as an advance by him to his two sons, infants, etc. Concludes : I shall be most tender of the interest and property of infants who are incapable of taking care of themselves, and therefore should not be for the confirmation of this act was I not convinced that this alteration of the security which it only is will be for the service and benefit of this family in general and can be of no prejudice to the infants ; and tho' the security proposed by this act which is the recognizance of the father and a sufficient freeholder of the island is not of so high a nature in point of law as the settlement, yet as I am informed the father is a man of very good substance and his security likewise, and as it is a transaction between father and sons where it may be more strongly presumed that no wrong or injustice is intended, I am humbly of opinion that your Lordships may advise H.M. to confirm this act. Signed, Fran. Fane. Endorsed, Recd. Aug. 28th, Read Dec. 12th, 1733. 12/3 pp. [C.O. 152, 19. ff. 186-187 v., 189 v.]
Aug. 25.
Jamaica.
320. Governor Hunter to the Council of Trade and Plantations. The ship which carrys my last of the 22nd inst. to your Lordships being not yet sail'd gives me this opportunity of inclosing following etc., taken by Capt. Knowles and sent to me by Sr. Chaloner Ogle ; his examination by the magistrates if in anything different or more particular when it comes to my hands shall be transmitted etc. P.S. Your Lordships will observe that the examination was drawn from the negro by pinching his thumbs in a vice. Signed, Ro. Hunter. Endorsed, Recd. 15th, Read 28th Nov., 1733. 1 p. Enclosed,
320. i. Confession made by Scyrus a negro belonging to Mr. Geo. Taylor. Abstract. He came from Negroe Town 4 weeks ago to see what partys were fitting out. The rebels told him of their design in robbing Sparks and Hobby's Plantations, at which last place he left them on 9th inst., and that afterwards if he found the partys in Titchfield town not too strong, on his return they would come and take it. On 11th inst. he went from this place to Hobby's (in company with 3 rebellious negroes, who had been in this town near a week undiscovered, their names were Cuffey, Cudjoe and Quomino etc.), where they found the rebels just going off with their plunder. They told them that there was men-of-war, soldiers and party men enough come ; the rebels answered, let them come. There were at Hobby's 2 gangs of 100 men in each and several women which they had brought to help carry of the spoil. They left one gang in the Negro Town to guard the women and children ; the names of those who commanded at Hobby's were Pompey, and Col. Nedham's Cudjoe. Before he left Hobby's (the first time) he saw the King's negro Sam there etc. Pompey and Cudjoe asked him how he and all the negroes on the Key did, and why they would not come to them. Sam answered, Master uses us goodee yet, but when he uses us ugly we'll come etc. An Indian brought a cagg of powder. Describes an ambush just built by the rebels on a ridge at the back of the Plaintain Walk at Hobbys etc. He says the way they got powder is they have with them 2 white boys, who write passes in Col. Nedham's name and one Quashee goes to Kingstown with it to one Jacob a Jew in Church Street, that he went once last month and brought with him two large horns full, that they have now 200 horns full, but very little shot, tho' guns and lances enough. The Madagascar Indian who ran away from the guard the other day, has also been some time with the rebels, and that they had determined on hearing the partys coming to ambush them in the river's course, that a gang of 100 was to lay on Carion Crow Hill, and 100 more Hobby's way, that a drum was to be placed on the ridge over the town to view the partys and the women in the town to burn the houses in case the party should be too strong, if not the three gangs to surround them on the beat of drum, all under the command of Scipio. Endorsed as preceding. Copy. 1½ pp. [C.O. 137, 20. ff. 178, 179, 179 v., 182 v., 183 v.]
Aug. 25.
Jamaica.
321. Governor Hunter to the Duke of Newcastle. Repeats preceding letter, mutatis mutandis. Signed, Ro. Hunter. Endorsed, R. Nov. 19th. 1 p. Enclosed,
321. i. Duplicate of encl. i preceding. [C.O. 137, 54. ff. 338, 339 v.-340 v.]
Aug. 25.
Ratcliff Cross.
322. Capt. Bonham to Mr. Delafaye. Encloses following to be laid before the Duke of Newcastle etc. "The verey postage cost me from the Downes 28/-" etc. Signed, Sam. Bonham, Addressed. ½ p. Enclosed,
322. i. Leonard Cocke to Capt. Bonham. July 20, Santiago de Cuba. Encloses copies of proceedings concerning his vessel seized there. "It is not likely that you'l recover anything in this place" etc. Advises application to the Court of Spain with these autos, "wherein they will see the partiality and injustices of this our new Governour" etc. Signed, Leonard Cocke. Copy. 1 p.
322. ii. Jonathan Denniss and Leonard Cocke to Messrs. Hayman and Hines. Cuba, 10th May, N.S., 1732. We have but just time to own the receipt of your favour by H.M.S. Shoreham, together with Capt. Bonham's power of attorney to us, and His Cath. Majesty's cedula to our Govr. commanding restitution to be made of the Anne galley and her cargoe. Advises their obtaining copies of the autos of Mr. Denniss' proceedings there for Capt. Bonham to apply to Madrid etc. "You will understand us without our explaining what we mean by this, if you read over the cedula, which is at best, ambiguous, and stufft so with ifs that I fear 'twill be of little use to us.— What can be meant by "If nothing of private trade, prohibbitted goods, or navigating in a forbidden place be proved?" does it not plainly appear that nothing of this can justly be laid to the charge of this ship, by the autos? but we that know the chicanery of Spannish affairs can with half an eye, see what this points to, besides the owners and suretys of the privateer that took the Anne galley are such poor rascalls, that we fear even at best, not much can be got of them" etc. Will exert themselves to the utmost "for your service or that of our countrymen, notwithstanding we in particular seem to be singled out by the people of Jamaica to be treated with injustice and inhumanity." Signed, Jonath. Denniss, Leonard Cocke. 3 pp. [C.O. 5, 12. ff. 66, 67 v.-69.]
Aug. 27.
Hampton Court.
323. Duke of Newcastle to Governor Hunter. Encloses warrant for pardon of two pirates (v. 13th Aug.), as Governor Hunter had desired, 13th Jan. Signed, Holles Newcastle. Copy. (C.O. 324, 36. p. 423.]
Aug. 27.
New York.
324. Lewis Morris to the Council of Trade and Plantations. Abstract. Has been displaced from being Chief Justice of New York, but as the Governor has not communicated his reasons to the Council or himself, he cannot answer them. Believes he has done it to gratify his causeless resentment. The post was not worth £100 sterl. per ann. when he came to it, and is not worth above £200 now, the increase being due to the Assembly's good opinion of his conduct in it. Recounts his services in New York and New Jersey for 40 years. All he knows is that on 23rd Aug. the Governor delivered in Council to James Delancy a commission appointing him C.J. in the room of himself, and to Frederick Phillips a commission appointing him second Justice etc., without asking the advice of the Council. The only reason he can think of was the enclosed opinion (encl. ii) given by him on a matter in judgment before him. The second and third Judge, now made Chief Justice and second Judge, deffered from him in this. He could not get their reasons in writing, but guess their substance ; the bare recital of which is sufficient refutation of them, to the effect that by their commission and the common law Judges the Supreme Court in this Colony may proceed and determine according to equity and do not stand in need of any act of the Legislature to enable them. Thinks a Court of Exchequer under proper regulations for the management and disposition of the King's lands would be for H.M. service and the public good. Refers to extravagant grants of lands made by former Governors for their private profit through presents from the grantees and as sharers in the grants, using their friends' names and having them subsequently reconveyed to them. Is told the present Governor will not grant any lands unless he comes in for one third of them. The lands being purchased from the natives by men in competition with one another, which makes them vastly dearer than they otherwise be. The consequence of all this is, (i) the engrossing great tracts into few hands, (ii) rendering it very difficult for any but a certain class of men to come at them ; (iii) rendering them so dear that when the present to the Governor and his share of the lands, and the large fees of the Secretary's Office for the patent, and the Indian purchase are deducted, it will not be worth the while even of those few that can come at them to meddle with them, there being better lands and much cheaper to be purchased in Jersie and Pensylvania without any reservation of rent or a very small one to fix the tenure. These methods have not only hindred the natives of this Province from setling and improving of it as they might have done, had lands been in fewer hands and more easily to be come at ; but really weakned it, by necessitating the inhabitants to have recourse to Jersie and Pensylvania etc. A Court of Exchequer with proper officers for the management and disposition of the King's lands and rents, independent of a Governor will prevent this and remedy in part what is passed. This is not to be expected from a Governor whilst that smugling trade of presents from an Assembly to a Governor subsists : and which will subsist till some way is found to make the Governors believe that the King's Instructions prohibiting taking any present really mean what the words seem to import. Encloses pamphlet (encl. i) concerning a present made by the Assembly to the Governor on pretence of his stopping the sugar bill by his interest with some noble members of the House of Lords—this he had assurance enough to say, and the Assembly folly enough to believe etc. That act being now passed, he is under as many obligations as that £1000 can lay him, to wink at the breach of it, and may earn his money that way, tho' he could not deserve it the other. Quotes a judgment given by Mr. Phillips, when still third Judge, that (i) the King has a prerogative to sue in what Court he pleases ; (ii) that this power is not limited to Courts of Equity for matters of equity or Courts of Common Law for matters of relieveable at common law, but (iii) that the King has a right to sue in equity for what he may be relieved by the Common Law, otherwise he would have no prerogative or privilege above his subjects etc. Does not doubt the law is quite otherwise, but thus it stands at present there, to the surprize and amazement of all the inhabitants, who think this judgment an entire subversion of all the laws and a laying aside the trial by juries in all civil cases where the King is, or the Governor pleases to say he is, concerned, and putting the disposition of their properties into the sole hands of judges, who, if they should not prove proper instruments for a Governor's purposes, may be soon removed as he has been etc. Is told his dismissal has created so great a dissatisfaction, that a more universal one was never known there. Nine-tenths of the inhabitants are about to sign a testimonial to his conduct and loyalty. Thinks that being appointed by H.M. in Council the Governor is under the same restrictions as to removing him as he is for patent officers etc. Set out, N.Y. Col. Doc. V. 951 ; N.J. Arch. 1st Ser. V. 349. Signed, Lewis Morris. Endorsed, Recd. 1st, Read 28th Nov., 1733. 6⅓ pp. Enclosed,
324. i. A letter from a Gentleman in New York, to his Friend in London. The Governor's great services in stopping the Sugar bill in the House of Lords were the reason of the Assembly's voting him £1000. He did not communicate to them the Instructions forbidding him to accept a present from the Assembly. They resolved at first to give him £750, but (added in MS.) "he swore at and huff'd some of the leading members into adding £250" etc. Signed, PP. Printed. Small quarto. 3 pp.
324. ii. Opinion and Argument of the Chief Justice of New York, concerning the jurisdiction of the Supreme Court of the said Province, to determine causes in a course of Equity. In the case of Van Dam, there was a plea to the jurisdiction of the Supreme Court. The Chief Justice read his opionion in Court, concluding that "according to the laws, statutes and customs of England, (the only rules by which we are to judge) no less or other authority than that of the whole Legislature can erect a Court of Equity, or establish fees. And therefore .. we neither have, nor ever had any jurisdiction in a course of equity ; nor can such a jurisdiction by any Letters Patent or Ordinance, not founded on an act of the Legislature, be given" etc. Holds that the giving of a new jurisdiction in equity by letters patent to an old Court, or erecting a new Court of Equity by letters patent or ordinance of the Governor and Council, without assent of the Legislature, are equally unlawful, and he will not pay any obedience to them etc. Argued. Adds in letter to the Governor that he has no reason to expect that anything he can say will be at all grateful to H.E., after the answer to the message he sent to him that an ordinance the Governor was about making was contrary to law and asking to be heard on that head. The Governor had refused to see or hear from him, saying that he could neither rely upon his integrity nor depend upon his judgment etc. Signed, Lewis Morris. Endorsed, Recd. 1st Nov., 1733. Printed, and sold by John Peter Zenger, in Smith Street, 1733. 2nd edition, corrected. 15 pp. [C.O. 5, 1056. ff. 37-50 v.]
Aug. 28. 325. Mr. Fane to the Council of Trade and Plantations. In obedience to your Lordships' commands etc., I have considered the two following Carolina Acts, for the better settlement of this Province past in 1694, and the other a continuing and reviving Act past in 1700. By the first it is enacted that no person now inhabiting in South Carolina shall be arrested, sued, impleaded in any Court or imprisoned for any debt whether the same be by bill, bond or other specialty whatsoever or contracted before his arrival in South Carolina till and after five years after the ratification of this act and that no persons whatsoever which hereafter shall transport themselves into South Carolina there to plant and inhabit shall be arrested sued impleaded in any Court or imprisoned for any debt whether the same be by bill, bond or any other specialty account or reckoning whatsoever contracted before his arrival here till and after five years after his arrival here. By the other the priviledge and protection given by the first Act is continued as long from or after the passing this Act as it was from and after passing the first act but the negative words (no longer) are not in this act. I beg leave to observe to your Lordships that these acts come now under your Lordships' consideration upon the complaint of the Merchants of Bristoll who have been very greatly injured and oppressed by persons indebted to them in the Colonys abroad flying with their effects into the Colony of Carolina and being sheltred and protected from the just demands of their creditors under the sanction of these Laws. For the latter part of the first law which enacts that no person who shall thereafter transport himself to South Carolina shall be sued till five years after his arrivall, notwithstanding it was at first esteemed a temporary Law, has of late been solemnly deemed and taken by the Judicature there to be a perpetuall Law and without limitation. For they insist that the term of five years in that part of the clause does not relate to the time of passing the Act but to the time of the future arrival of the person. And they insist if one Act is pass'd that is in its nature a perpetuall Law and without limittation and the Legislature thro' misapprehension or mistake afterwards pass another act by which they continue the first for a certain limitted time and add no restrictive or negative words, that the first Act shall continue in force notwithstanding the subsequent limittations after such limittation is expired. This is the construction which has been put upon this Law by the expositors of it in this country but whether it might receive the same construction here is a doubt with me. However I must submitt it to your Lordships' consideration, as this Law is now taken to be in force in Carolina whether it may not be proper to consider it as a law in full force, and if your Lordships consider it in that light I must beg leave to say that I think it is highly detremental to the trade and navigation of this Kingdom, for tho' in the infancy of a collony such a protection might be allowed as an encouragment to persons to come and settle there, yet when a Colony has been settled and established for a great number of years such protections are of infinite prejudice to their neighbours and are temptations to dishonest and knavish persons to injure and wrong the fair and just creditor ; the complaints of the merchants are founded upon recent instances of the flagrant bad consequences of this Act and as it is absolutely necessary in the nature of trade for the merchants to have large effects in the hands of their correspondents in the Colonys abroad, it is in their power if they are dishonest, at any time to remove themselves into Carolina and there to be protected from the just demands of their creditors who are entirely without any means of redress. Signed, Fran. Fane. Endorsed, Recd. 28th Aug., 1733, Read 18th Dec., 1735. 3 pp. [C.O. 5, 365. ff. 68-69 v.]
Aug. 29.
Whitehall.
326. Council of Trade and Plantations to the King. Recommend for confirmation Act of Barbados for the better support of H.E. etc., passed in conformity to H.M. Instructions. [C.O. 29, 15. p. 425.]
Aug. 29.
New York.
327. Governor Cosby to the Council of Trade and Plantations. Abstract. Encloses Minutes of Council of New York to 14th Oct., 1732, and 23 acts of Assembly passed last session. As to the Act for confirming the Charter granted to the City of New York by Governor Montgomerie, to which he was nearly surprised into assenting, it having been exhibited very soon after his arrival. It confirms in general terms to the City all the grants to them at any time before made, some of which might be, and he believes are prejudicial to H.M. interest. The details are only given in the Charter, which consists of a vast number of skins of parchment, and he has not had time to have it copied yet. Without it, the Board cannot judge the Act. He will send a copy by the next ship. By it "are granted all the islands by and round H.M. garrison, the soil of the East river as far as low water mark extending in length to the utmost limits of the island, whereby H.M. prerogative and interest may be in danger of suffering and his ships station'd here under a necessity of becoming petitioners to the Corporation for a convenient place to careen or refitt" etc. Set out, N.Y. Col. Docs. V. 956. Signed, W. Cosby. Endorsed, Recd. 20th Nov., 1733, Read 13th Aug., 1734. 2 pp. [C.O. 5, 1056. ff. 137, 137 v., 138 v.]
Aug. 29.
New York.
328. Same to Mr. Popple. I take this opportunity to render you my thanks for all your friendly offices as I shall allways be ready to acknowledge them in a gratefull manner etc. Repeats part of preceding. Encloses the Jersey seal in the late reign which he had defaced in Council etc. Concludes in own hand :— Mrs. Cosby and all under my roof joyns in thier hearty services and good wishes for ye prosperity of you and yours. I am dr. Popple most affectionatly yours, Signed and endorsed as preceding. 1 p. [C.O. 5, 1056. ff. 141, 146 v.]
Aug. 30.
New York.
329. Governor Cosby to Charles Delafay. On the 18th instant I returned to this place from Jersey, having first gott the revenue of that province settled for five years, and given my assent to severall other acts of Assembly of which I shall do myself the honour to give the Duke of Newcastle a particular account as soon as they are sent to me ; Att my arrival here I gave directions to have a Commission prepared appointing Mr. De Lancey Chief Justice etc., and on the 23rd swore him into it, to the general satisfaction of the Province, especialy those of the best estates and best sence, and heartiest affections to H.M. and the Protestant succession, how little those few (and I beleive there are very few) who are of a different principal may like what I have done may easily be immagined, however I hear of but one whose passion has carry'd him to an audacious expression of his thoughts. But he is so nearly ally'd to Morris having marry'd one of his daughters that I cannot pass it over in silence ; this fellow even before I had suspended his father in law had the impudence to say that there had been a revolution and that he hoped to see another and that if the Duke of Newcastle and Sr. Robert Walpole had been hanged a dozen years ago it would have been happy for the Nation. From hence, his Grace will readily beleive that there is a necessity of humbling such spirrits, Morris I am told talks of getting a petition or some other paper to be signed in his favour, it's possible the Mob or some unthinking or dissafected persons may be drawn into it, but it gives me no concern, knowing that such things will be discountenanced by his Grace etc. Is going to-morrow to Albany etc. Encloses copy of letter and enclosures to the Lords of Trade, supra, to be laid before his Grace. Concludes :—Mrs. Cosby joyns in her good wishes to you and yours. Signed, W. Cosby. Endorsed, R. Novr. 6th. 2 pp. Enclosed,
329. i. Copy of letter to Board of Trade, Aug. 29. 2 pp. [C.O. 5, 1093. ff. 284, 284 v., 285 v.-286 v.]