America and West Indies
October 1733, 1-15


Institute of Historical Research



Cecil Headlam and Arthur Percival Newton (editors)

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'America and West Indies: October 1733, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 40: 1733 (1939), pp. 197-216. URL: Date accessed: 20 April 2014. Add to my bookshelf


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October 1733, 1-15

Oct. 1.
348. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Request payment of petty expences of the Office, Midsummer to Michaelmas, amounting to £290 1s. 4d., and of Officers' salaries, £287 10s. [C.O. 389, 37. pp. 348, 349.]
Oct. 2.
349. John Ashley to Governor Lord Howe. The great concern your Excellency has shewn for the preservation of this Colony encourages me to lay before you this small treatise upon a trade, on which this island intirely depends, and which I am sensible, is often uppermost in your Lordp's. mind, not only from your thorough acquaintance therewith, whilst a Member of the British Parliament, but also from your known inclinations to do good. The sense the British Legislature now have of the circumstances of this trade, and the great experience and unweared endeavours of the Auditor General, together with your Lordp's. good offices in our behalf, have already produced as a law, that will soon let us partake of the blessings of our Mother Country. The readiness, that was shewn, to give this relief, as soon as proper applications were made, induces me to conclude that when the whole state of the sugar trade is fairly laid open, and known to that wise Legislature, we shall soon be put upon an equal footing with foreign sugar Plantations, etc., etc. Signed, Jno. Ashley. 2 pp. Enclosed,
349. i. The Sugar Trade with the incumbrances thereon laid open. By a Barbados Planter. The Preface. The following piece is intended to shew the incumbrances and charges that remain on the Sugar Trade, since the passing of the late act, for the better securing and encouraging the trade of H.M. Sugar Colonys in America ; and also, to compare the advantages we may reap by that act, with those which we yet stand in need of ; and thereby manifest the necessity there is for some further relief. The first and most material point aim'd at, is, that of a direct exportation of our sugars from the Plantations to foreign ports ; this advantage the French have had over us these seven years, which has improved their trade and Plantations to a great degree ; whilst we are visibly declining for want of a more extensive vent of our produce : The reasons for this are herein plainly sett forth ; and it is here also demonstrated that the French planter gains over and above the English planter at foreign markets, from 20 to 50 pr. cent, on his prime cost, by this very single article ; which vast difference must in a short time leave them masters of the sugar trade, without some speedy regulation. The next point is, that of the duty of 3s. 6d. p. cwt. upon importation into Great Britain, which, upon coarse sugar, is now becoming a most heavy duty ; since the want of a direct exportation, together with the great quantitys imported, have brot. the price down to much less than it can possibly be made for, without regarding the interest on the value of the planter's land and stock. So that that stock and the quantity of sugar made, together with the British Navigation and power, must dwindle and abate before a living price can be had, under such circumstances. Describes contents of following memorial. The Sugar Commerce is now justly look't upon to be one of the most beneficial branches of trade that belongs to Great Britain etc. Continues :—The late Act of Parliament will in due time be of great service to the Sugar Trade ; more especially as it will make it easier to obtain the liberty of going directly to foreign markets with our sugar ; and the prohibition of foreign produce to Ireland, with the high duty's thereon when imported to our Plantations, will render such a liberty much more beneficial than it could have been had not that act pass'd, inasmuch as it lays so considerable a restraint upon the vent of foreign produce, by way of our own Plantations. The Kingdom of Ireland and the Northern Plantations, our sisters, can now be no longer our adversaries ; since it will be their interest to see the British Sugar Plantations flourish by an extensive vent of their produce, as it will occasion them to have so much the larger demands for the products of those Northern Countrys. The supplying the Kingdom of Ireland with our produce (altho' at a round-about rate, as to sugar) will occasion a much greater vent than we had before ; and the dutys upon foreign produce imported into our Plantations, will, no doubt give us the advantage over foreigners, as to supplying those British Dominions, notwithstanding the dutys of 18d. per cwt. and the 4½ p. cent. paid by us upon exportation ; But as to the supplying of foreign markets, that must still be given up to the French, if we remain under the restriction of unloading our sugars in Great Britain, whilst they have the liberty of sending theirs directly to foreign markets, without either unloading or so much as touching at any port in France. The bounty of 6s. p. cwt. on refin'd sugar, and 9d. per cwt. additional drawback will by no means counteract that advantage ; for before such hundredweight of refin'd sugar is ship't, there is above 6s. pr. cwt. paid on the raw sugar from which it is made, besides other charges ; However, that no doubt will in some measure encourage an exportation, at least, of the best sorts of refin'd sugar ; indeed the 9d. p. cwt. may be a saving to the planter from 3 to 9 p. cent upon the value of his sugar in the Plantations, or the neet proceeds in Great Britain, when sugar sells from 40s. down to 20s. p. cwt. in London. But by a direct exportation, the planter may save from 23 to 52 pr. cent. upon sugar worth those prices in London. A prodigious advantage that the French have had over us for these last seven years ! Appends tables to show saving of freightage, port charges, insurance, commission etc. by direct voyage to the Continent and Streights etc., and the effect of taking off the 2s. pr. cwt. import duty into Great Britain. Argues that the result of the present system is to enable the French, who have had the benefit of direct exportation since 1726, to undersell us at all foreign markets, and "is one of the principal causes why so many of our planters are insensibly run behindhand and impoverish't," etc. The English would soon get the better of their encroaching rivals, were they once put upon an equal footing, and thereby shipping, seamen and revenue would be increased, and an immense treasure be brought into Great Britain, besides doubling the acreage of cane-land of British American soil. There is no fear of the British markets being left too bare in the mean time and the price rising to extravagant rates, as supplies could be purchased from the foreign Colonies upon payment of 5 pr. cent. duty in our Plantations, "and then you may carry it where you will, without paying the 4½ p.c. duty, or the 18d. pr. cwt. enumerated duty etc. Continues :—It is to be observ'd, that our sugar commerce may be thus advanc'd without draining Great Britain of more hands than she can spare, since the labour in the Sugar Colonys is chiefly carryed on by negroes from Africa (bought with British produce and manufactures and certificate goods) and carry'd thither by our own shipping. For what reason therefore should the French be permitted thus to run away with this trade from us etc.? Why should we lamely and indolently lose a branch of trade that may employ so many hundred of shipping and so many thousands of seamen, and why should not the Englishman, for God's sake, have as near, and as easy a way to carry his produce to foreign markets as the Frenchman, since he can, if permitted, carry them much cheaper, and receive so much benefit by such a permission? No one will be a sufferer thereby, except a few Gent. Factors, Officers of the Customs and brokers etc., who will be no loosers in the end etc. Wharfage and pilferage, risque and insurance are dead losses upon this trade, and the second freight the same etc., and the loss of time and the first market is often ruinous to many voyages. If any of our planters should become adventurers, and send part of their sugar to Cadiz, Leghorn, Genoa, Naples etc., they must order their returns to Great Britain, and probably into their factors' hands, whereby they, as well as the officers of the Customs, brokers etc. wou'd gain as much as they cou'd possibly lose by such a direct exportation etc. The refiners at home would be great gainers, as their coarse refin'd sugar wou'd then go off in Great Britain and Ireland, instead of such clay'ds as may be sent directly to those foreign ports, and thereby increase the refining of sugar, which will add to the quantity of melasses spirits, to the benefit of the excise revenue. More muscovada sugar will of course be imported into Great Britain, which will be a further addition to the sugar manufactury, and employ more ships and seamen in this respect also, and increase the revenue, by adding to the duty on importation, and lessening the bounty granted upon exportation. We shall thereby become the carriers of goods from the Mediterranean to the Northern ports of Europe, as our sugar ships will then be able to afford to carry as cheap as the Dutch, who will otherwise have the greatest share of that branch of trade, especially since they are now at peace with the Algerines. It is objected that refinerys may be set up in Italy, and in the Plantations, and that there is exported every year to Spain and other ports in the Mediterranean refin'd sugar to the value of 20 to £30,000 sterl., which encreases the ballance of trade so much in our favour etc. This last part of the objection, I do not deny ; but still I insist, that if we have such a liberty of exportation, there will be more than ten times as much gained upon the ballance of our trade, which must, otherwise, center in Old France, as the French have liberty to carry not only their clay'd sugar, but also their refin'd, directly from their Plantations to any port to the southward of Cape Finisterre, at very easy dutys ; and then their best clay'd sugar will, no doubt, interfere with our worst refin'd, and they must certainly be great gainers thereby. If it should be thought worth while to set up refinerys in Italy or the Streights, it may as easily be done with French sugar directly imported etc. Refin'd sugar cannot be made with so much advantage from clay'd sugar, as from strong grain'd muscovado ; and as the Plantations who have their sugar at the first hand, and clear of duty freight and all other charges, do not find it worth their while to refine, but have their refin'd sugar from Great Britain ; so it is to be presum'd, that those countrys will not find it for their advantage to refine ; more especially as they put but a small value upon spirits that may be made from the offalls, and that there is so considerable a bounty now granted upon the exportation of refin'd sugar from Great Britain. But shou'd the objection, as to refining in the Plantations prove immoveable, refin'd sugar may be excepted etc. Considers the duty of 3s. 6d. pr. cwt. paid in Great Britain upon importation, which concerns more immediately the sugar consum'd in Great Britain, as the whole duty by the new act is now drawn back upon re-exportation etc. Continues :—But the other charges before treated of are enough to prevent any re-exportation at all, as they enhance the price of our sugar at foreign markets to a great degree etc. ; and when there is more sugar imported than is wanted in Great Britain and Ireland, it will glutt the markets and bring that commodity down to a lower price than it can be made for, while those dutys (amounting to 42 p.c. to the planter, when sugar is worth in London 20s. pr. cwt.) are paid etc. Suggests, as an alternative, if these duties cannot be abolished without an equivalent, that the producer be relieved by ½d. pr. pound inland duty on refin'd sugar consum'd in Gt. Britain instead of 2s. pr. cwt. on all sugars imported. Continues : The consumer in Great Britain may not, at first view, like such a duty, as looking somewhat like an excise ; But let every inhabitant in England, that uses refin'd sugar, consider only, what such an inland duty wou'd cost him a year, and what advantages he receives yearly from the Plantations, and what he wou'd receive more, were they further encourag'd ; and I dare venture to affirm, that there is hardly a man in England, owner of, or that rents an acre of land, or is owner of any part of a ship, or that trades in woolen, linnen, silk, iron, copper or any other manufactures, but what is more or less concern'd in the welfare of our Sugar Plantations. It is a general notion, I own, that an inland duty or excise upon the produce of foreign soil, instead of an equal duty thereon upon importation, is more beneficial to foreigners, than to the subjects of Great Britain ; But surely such a duty upon Plantation produce from British American soil, instead of an equal duty on importation, must be greatly beneficial to such Plantations, and consequently to the Nation in general, etc. The 4½ pr. cent. duty is a heavy burthen, as the planters pay it all, and that too, upon the gross amount of what they make ; so that when the charges of making their produce comes to half the gross amount (which very often happens) they pay 9 p.c. upon their yearly profits ; and when they pay half those yearly profits for interest to their creditors, or for annuitys settled by their fore-fathers when they had better times, then that duty comes to 18 p.c. etc. It may be easier afforded, and greatly increased by a direct exportation etc. I observe further, that the British Parliament has favour'd us as to our second staple commodity rum, by imposing a higher duty on all brandys than on that commodity, which gives us the comfortable hopes that our worthy patriots at home will be of opinion that the produce of our Sugar Colonys shou'd be allmost as tenderly regarded as the produce of Great Britain, and that rum shou'd be put nearly upon the same foot with British spirits, and in opposition to French brandy. A proper encouragement for the importation of rum into Great Britain and Ireland would be of a very great help to the Plantations and very much discourage the consumption of French brandy, a commodity, that is as pernicious in every degree as rum is beneficial : such an encouragement wou'd put the Sugar planters upon their industry and endeavours to make a spirit that might be wholesomer and consequently more acceptable, than those foreign spirits for which we are annually at a great expence of bullion. The produce of rum wou'd remain in Great Britain, or wou'd be return'd to the Plantations in British produce and manufactures, and save so much cash from being sent out of the Nation. And it is observable, that within these few years this Island has improv'd in their rum or spirit to a very great degree ; and it is allow'd to be already not only a wholesome liquor and what mixes well with British malt spirits, but a sovereign remedy in many cases. I shall now conclude with an observation of Sr. Francis Bacon's, in treating upon Plantations, he says "Let there be freedom from customs, till the Plantations be of strength ; and not only freedom from customs, but freedom to carry their commoditys where they may make the best of them ; except there be some special cause of caution." Every one knows our Sugar Plantations now want strength, or at least some remedy, and I know of no caution needful, in our case, except that of pursuing the same methods, as to the Sugar trade ; as are now used in respect to the rice trade from Carolina, and the fish trade from New England and Newfoundland ; and I flatter myself, from the nature and necessity of the thing, that I may yet live to see sugar an unenumerated commodity, and no longer inserted in our Plantation bonds. 19 pp. [C.O. 28, 40. No. 23.]
Oct. 4.
350. Governor Belcher to the Duke of Newcastle. Abstract. The adjourned Assembly began to sit again yesterday. Cannot say what they will do respecting supply, but certainly the Province and Government are now reduced to great extremity ; the fortifications dropping down, officers and soldiers distressed for want of nearly three years pay ; the Judges and all other officers of the Government with multitudes of private persons unjustly debarred of their dues etc. Has not received a farthing support for the Province for above 16 months. Although they have made him grants of money, they will put no money into the Treasury to pay those grants. They endeavour to treat him with all possible injustice, and to distress him all the ways they can, and for no other reason but his fidelity to the King. Has been living 1½ years upon his own fortune and spent £4000, and the money he is to receive from the Province will have sunk 10 or 15 p.c. from its value when first granted etc. Hopes that if he cannot be paid by the people, H.M. will pay his faithful servant out of his Exchequer, rather than to suffer an undutifull Assembly to threaten to starve him for doing his duty. Has received H.M. commands for appointing Mr. Pemberton Clerk of the Naval Office, which is the first instance of its kind. By the Act of 7 and 8 K. Wm. III, the Governour is made entirely accountable for that office, which is one of the best perquisites of this Government, which his Commission says he shall hold and enjoy. But the sight of H.M. order commanded his obedience, and he turned out his son to put in Mr. Pemberton. Begs his Grace to consider how hard it is upon him, and that his son may be restored, etc. Set out, Mass. Hist. Soc. Coll. 6th Ser. VI. 384. Signed, J. Belcher. Endorsed, R. Decr. 6th. 6 small quarto pp. [C.O. 5, 899. ff. 42-44 v., 45 v.]
Oct. 4.
351. Lewis Morris to the Council of Trade and Plantations. Encloses following. Continues : His Excellency is return'd from Albany, as your Lps. will see by the inclosed New York Gazette, in which his conduct there is set forth in a very advantagious light etc., verry far from the truth with respect to the generall satisfaction of the Indians : for, tho' the presents were as good as usuall, yet they were so managed in the disposition of them, that (it's said) the whole nation of River Indians were so much disobliged, that two of them met the Governour as he was going to passe a ferry, and used him wth. ill language ; and told him that he had given them too small a share, and that they would kill and destroy the people's cattle. This, those present would not interpret to him etc., being fearefull that such discovery to one of his ungovernable temper, might be attended with some dangerous consequences etc. It being usuall to give them lesse than others, he might be in this innocently mistaken, etc., and perhaps no ill consequences may attend it. But, there is one part of his conduct, with regard to the Indians and the people of Albany (wch. his fulsome director of the New York Gazette has omitted) that may be attended with ill consequences ; and will enable your Lps. to forme a judgment of the man, and how propper it is to continue him in his present station etc. One of the officers of the Garrison, and some other persons, petitioned etc. Mr. Montgomerie etc., for a grant in some land in the Mohocks' country : this land the people of Albany laid claim to, by virtue of a Charter granted them in 1686 by Govr. Dongan etc., and of a purchase made from the Indians since that time, at the expence of between 5 and £600. Mr. Montgomerie had no good opinion of the legallity of the Charter ; and it was suggested to him, that the deed from the Indians was fraudulently obtain'd : but so considerable a body of people as the City of Albany, laying claim to the land, and having constantly paid to the Crown the yearly rent of a beaver skin for it, he thought fit to let the matter rest till the pretences of the claimants might be legally inquired into : and soon after dyed. Upon Mr. Cosby's comming, applications were made to him : but, he would not grant unlesse he had one-third of the land. This made it necessary to inlarge the quantity ask'd for : which is now (as one of the persons concern'd told me) 30,000 acres ; of wch. the Governour is to have one third, and his brother, and his two sons-in-law are to be sharers, with the other partners, who from the beginning were resolv'd (as I have been told) to try the validity of the Albany claim in a legall way : but, the Governour being now concern'd has fallen upon a much shorter method than the common formes of law would allow of, for, upon the meeting with the Indians, (who it seemes had been prevaild on by the parties concern'd to appeare dissatisfied with their own deed ; there being nothing more common among them than to sell their lands two or three times over) the Governour sent the Sherriffe to the Mayor of the City (in whose keeping the deed was) to order his attendance wth. the deed, and to let him have a sight of it. The Mayor attended accordingly, and at his request gave it to him ; who after he had perus'd it himselfe, caused it to be interpreted to the Indians then present being about six or seaven in number— he then ask'd the Indians what they would have done with it? who answered, he might do what he pleas'd with it ; or keep it in his custody : this the Governour declined : whereupon they desired it might be returned to the Mayor againe, to remain in his custody ; and that they desired only a coppy of it : wch. the Mayor promis'd to let them have ; and they seem'd well contented. But, the Governour told the Mayor, that he should not have the deed againe ; but, that it should be destroyd, as being an unlawfull instrument : or words to that effect. The Mayor being surpris'd and amaz'd at this treatment, pray'd the Governour to returne it, being a paper that belonged to the Corporation, etc., but, the Governour standing up gave it to the Indians to destroy it etc. To have supposed the supream Magistrate of a province, and the King's representative, capable of doing such an act of fraud and violence, would have been blameable etc. The event shews quo amino the deed was demanded : and why destroyd is too manifest etc. If fraudulently obtained or voidable etc., there were legall measures to render it ineffectuall by competent and indifferent judges etc. The Grand Jury for the county sitting about that time, eleaven of them (as I am told) agreed to indict the Governour for this matter. It is said that people will indict him and are not without hopes that H.M. will permit him to be brought to justice etc. His action has enhanced the reputation of the deed, people concluding from its having been destroyed in this manner that it must have been valid, etc. This and every instance of his conduct has put the people into such a ferment as is not easily to be express'd, nor even safe perhaps to suggest what may be the consequences of it. They find the offices of the Government venall, some of them put into the hands of strangers, necessitous and desperate in their fortunes ; that money, and not merrit, is the inducement to dispose of what is call'd his favour, and the measure of his justice ; and that he is incapable to distinguish between right and power. They see him master of the Secretarie's office, in which are kept all originall wills and the records of the deeds and evidences of all their estates ; they see by the instance at Albany and many more, what he is capable of doing ; and believe (with reason) that a man who thinks yt. he can do what he will, will do everything he can, to gratifie his avarice or resentment. Your Lordships may observe by the first advertisement in the inclosed newspaper, the complaint of the people of New Jersie for the want of the Acts of Assembly, wch. were pass'd the last sitting of the Assembly at Burlington etc. Why they were not sent to be printed, Collo. Cosby best knows. I send inclosed a coppy of some resolutions of that Assembly, wch. were resolv'd not to be printed : and (from the subject of them) I guesse they will not be sent to your Lps. I shall be well pleas'd if in that point I guesse wrong ; because those votes will in some measure enable your Lps. to discover why those acts were not sent to the printer to be made publick ; and what was the Governour's true inducement to passe them : and when he sends them over to your Ldps., if he makes any observations on them, what is the motive of those observations etc. Your Lps. may observe that £1000 is to be given the Governour for procuring the Royall assent to four acts there mentioned ; and, if he saies anything in favour of them, the reward he is to have is supposed to be the true inducement, and not the goodnesse of the acts themselves. Had the acts been printed, I should have been able to have given your Lps. my thoughts about them etc. The first three are either in the same words, or of the same nature that the three acts were wch. were lately repealed by H.M. etc. I remember that when I transacted the surrender of the government of New Jersie to the Crown in the last of King William, the Proprietors made it one of their propositions, to have a triennial Assembly ; but Mr. Popple from the then board of trade, desired that I would use my endeavours to influence the Proprietors not to insist on yt. point : for that the King, tho' he had (against his inclinations) consented to an act of Parliament of that nature in England, yet, he would never consent to it in ye Plantations : upon wch. I did prevaile upon the Proprietors to drop it etc. The act that makes the greatest noise here, and greatly affects the trade and interest, of the people of New York as well as of New Jersie, is the act for emitting £40,000 in bills of credit etc. I had during my presidentship in New Jersie many solicitations to make use of the opportunities I had to acquire money by the passing such an act : and was I to be prevail'd on yt. way, could have got as much money for doing of it as Mr. Cosby, and I believe something more : nor was I without an example in Mr. Burnet, who had private subscriptions for £1000 for the act wch. he passed of a like nature, wch. I disswaded him from doing as much as I could. But Governours, with regard to their instructions, are something like Divines ; and by their actions shew, they understand a secret will to be contained in them, verry different from what is revealed : and by the successe, men are apt to believe they are in the right in doing so. I know no place (except this Province of New York) where paper bills have not fallen verry considerably from their first vallue : that they have not done so here, is not so much owing to the fund on which they were raised (that being known to everybody to be deficient to sink them within the time proposed) as to the smallnesse of the quantity made, and the willingnesse of the merchants and trading people here to receive them in payment, and circulate them : which might have given them a credit without any fund at all. There is allso some difference between this Province and New Jersie, with respect to the reasons of making such a paper credit ; for, here the Province was verry much indebted to private persons for summs of money, goods and effects advanced, or services done for the publick : (but, no such thing is so much as pretended in New Jersie) and those bills was in the nature of promissory notes from the Province to the severall creditors ; to whom the summs mentioned in them were justly due, and no doubt binding upon the Province to pay them, into whose hands soever they should come. But by a law to make such prommissory notes a tender to any third person, or, to oblige the creditors themselves to accept them in full payment of a debt, is what I do not see, how any law could oblige them to do etc. Argued. Continues : Were there a debt due from the Province of New Jersie, the case would be the same there as it is here : but, there being no such thing ; what they call their publick money, seems to me one of the most absurd out-of-the-way schemes that ever entered into the head of the most whimsicall projector etc. Argues that by that law men of the best estates are laid under a necessity of becoming answerable for the debts of the most insolvent. Continues : The true reason of making this fictitious money, was the clamours of private persons yt. were indebted ; and who were either unable or unwilling to procure mony to pay their debts etc. But experience has shown that in the severall governments where this method has been tryed, it has been farre from abating the necessities of the people, or lessening their debts ; it having been allwaies found, that at each time of the repeating the experimt. of striking paper money, the makers have been in a worse condition, and the money of a lesse vallue then it was before. The people of New Jersie send upon their own accounts (tho' but little) some lumber and provisions to the West Indies ; and some small quantities of wheat, rye and flower, to Boston and Rhode Island ; but the bulk of what they produce, is sent to the merchants of New York and Pensilvania ; by whom they are supplyed with European commodoties. All the Eastern, and a good part of the western division of New Jersie, are supplyed by the merchants of New York ; the trade there being mostly managed by factors from hence ; to whom the people of New Jersie are verry much indebted ; and it is to pay these debts chiefly, that this fictitious money is made, wch. the creditors are to recieve when tendred on the penalty of loseing their debts : and that is thought to be one meanes, not only of getting rid of their debts, but, of laying the merchants of New York under a necessity (by taking this money or loosing their debts) of circulating it in their trade ; and by that means giving it a credit wch. it would not otherwise have acquired : but as the generallity of the people of New York are hardly to be prevailed on to take it at all ; so those who are under that necessity, sometimes cannot get rid of it in a long time ; and when they do, it is at a losse, sometimes from 12 or 16, to 25 per cent. : and upon the news of a bill being under consideration in New Jersie, for the striking of £40,000, the currency of Jersie money was immediately stopped ; and so continued till the people were inform'd the Act was not to be in force till H.M. had given the royall assent to it ; and then it became current againe ; but at 7½ per cent lesse than it was before etc. The first account of the royal assent being had, or likely to be had, will immediately put a stop to its currency in New York etc. The New Jersie paper being thus at a discount etc., the obliging creditors to take it in payment for their debts at the imposed vallue, is obliging them to take from 12 to 25 p.c. lesse than is due to them etc. This losse, tho' it falls first on the factor in New Jersie, and next on the merchant or factor in New York, yet at last it centers in the Brittish merchant in London ; who cannot be paid if those that buy of him are rendred unable to do it : and must in some measure effect the British exportation. Tho' the trading part of men justly exclaim against this paper credit, as destructive of their trade ; yet Governours, who find their account in it, are led by their private views to countenance and promote such a credit : for the £1000 present, if it goes for 20 p.c. lesse then its denominated vallue, is still £800 ; all wch. is clear gaines ; and by paying of the soldiers is most of it turn'd into sterling money without any risque ; which the trading men cannot do etc. This is one ill effect of Governours taking presents etc. I doubt not H.E. has, or will transmit to your Lordships an addresse made to him by the generall assemblie of New Jersie, in wch. they tell him, that they are of opinion, that the gentlemen of the Councill, should be men of credit and estates, and constantly residing in the Province with their families etc. Continues : this addresse was particularly levell'd at James Alexander and myselfe, who for the most part reside in the Province of New York ; and was procured by ye Governour, in order to give him a handle to suspend us here, or to get us displaced by directions from England. In answer to which I say, first, yt. neither of us was summoned to attend yt. Councill ; our room being much more agreable to him than our company would have been ; he having been well inform'd, that we were by no meanes propper persons to promote his private views ; especially with respect to the paper credit. 2nd. Tho' true it is that I do reside for the most part in this province of New York ; yet 'tis as true, that I have a better estate in Jersie, and have layd out more money in it, than any of the adressors etc. The Governor only with difficulty obtained the address without mentioning me as a person not intended by it etc. 3rd. When that Assembly was sitting, the publick business required my attendance on the circuit Courts above 200 miles distant from Burlington : so that had I been summoned, I could not have attended etc. The Speaker is an inhabitant of Pensilvania ; and (being so) by the laws of N. Jersie not quallified to be a member of that Assembly. 4th. Having so great an interest in the Province (few that lives in it having an equall) etc. I submit that I am as much entitled to have a hand in making laws as any, since I shall be as much or more affected by them etc., and also as an agent for the generall Proprietors in England, who own a great part of New Jersie etc. I believe etc. that the attendance of those that reside in New York, and not their absence, is what the Assembly really apprehend danger from. They are continually machinating and contriving to lessen the trade of New York with them as much as they can ; when there is scarce a man in Jersie capable of carrying on any such thing as trade upon his own bottom : most of the mercantile people there being factors to merchants in New York and Pensylvania ; or taking their goods upon credit from them : and they are so verry opiniatre, with respect to their abillities of managing a trade ; and forcing the merchants here to come and live among them to do it, that they think it conducive to that end to prohibit the exportation of every one thing they raise to New York ; and are so sanguine on this head that they would (if they could) willingly hinder even the carrying of firewood and hay to New York : and as they do not expect that those who have any considerable interest in New York, as well as Jersie, will give in to their visionary schemes to cramp the trade of New York, in order to force the merchants there to leave their habitations to go and settle in New Jersie ; they must naturally be for excluding all such from their Councills, that they concieve to be obstacles to their designes : but whether it is fit that such should be excluded, is humbly submitted to your Lps'. better judgement etc. Continues : There is a part (and but a part) of them, that are fond of a seperate governour from that of New York ; but it is founded on the views I have mentioned above ; and from an ill grounded opinion, that in case of procuring such, they will be able to performe mighty matters in trade etc. I think it would be for the interest of the people of that Province to have it annexed to this. I am sure it is for the interest of the generall proprietors of the soile etc., and if on the annexation, the Assemblies and Courts were to sit alternately in York and Jersie, it would be (I believe) to the generall satisfaction of the people : the most sanguine of them for a seperate Governour, agreeing in this, that they had better be annexed than under the same governour, wth. a seperate government etc. Signed, Lewis Morris. Endorsed, Recd. 17th Janry., Read 13th Aug., 1734. Holograph. 7 pp. Enclosed,
351. i. Duplicate of Aug. 27. Lewis Morris to Council of Trade. Endorsed as preceding. 6½ pp.
351. ii. Copy of the New-York Gazette, No. 414, Sept. 24— Oct. 1, 1733. Under Oct. 1st the return of Governor Cosby from Albany is chronicled, accompanied by Mr. Worrel etc., on whom the following manuscript note is added by Mr. Morris :—Mr. Joseph Warrell, Attorney General of New Jersie made so by Mr. Cosby and known (as its said) to My Lord Malpas. This Warrell came into New England by the name of Rigby etc. and after changed it to that of Warrel not Worrell. In an advertisement, William Bradford acquaints the Publick that the Acts of New Jersey passed the last sitting of the Assembly are not come to his hands, and therefore their not being printed, which has caused great complaint among the people in New Jersey, cannot be his neglect. In another advertisement, among goods offered for sale is a negro girl who "has had the small-pox and is fit for Town or Country" etc. Printed. 2 pp.
351. iii. Resolutions of the Assembly of New Jersie, 10th Aug., 1733, in Committee upon the Act for appropriating part of the interest payable into the Treasury etc. That £700 Proclamation money be paid to Richard Smith jr., on trust, to pay £200 thereof to Governor Cosby in case the act for the frequent meeting and calling of the Generall Assembly shall obtain the royall assent ; £200 to H.E. in case the act for shortning lawsuits etc. obtain the royal assent ; and £100 in case the royal assent be obtained to the act for registring of deed. In case it be not obtained for any of these, to pay into the Treasury the sum named for each. The £200, the residue of the aforesaid £700, to be laid out in negotiating the publick affairs of this Province in Great Britain in such manner as Mr. Kensey, Mr. Eaton, Mr. Smith and Mr. Stacey or any two of them shall appoint etc. That the £500 in the act for appropriating part of the interest payable etc. on the bill for emitting £40,000 in bills of credit upon loan passed this session is to be paid only if it so happen that the royal assent be obtained to the said bill etc. Resolved that no part of the foregoing resolutions be printed. Endorsed as preceding covering letter. Copy. 1¼ pp.
351. iv. The Arguments of the Council for the Defendant. In support of a Plea to the Jurisdiction, pleaded to a Bill filed in a Course of Equity, At the Suit of The Attorney General, Complainant, against Rip Van Dam, Defendant, In the Supream Court of New-York. Same endorsement. Printed by John Peter Zenger, New York, 1733. 51 pp.
351. v. Duplicate of Aug. 27, encl. ii. Opinion and Argument of the Chief Justice etc. [C.O. 5, 1056. ff. 142-145 v., 147-187 v.]
Oct. 5.
New York in America.
352. Mr. Bradley to the Duke of Newcastle. Having lately receiv'd the joyfull news, of H.M. granting me my salary and arrears ; payable at the receipt of H.M. Exchequer ; I beg leave by this first opportunity, to return your Grace my most humble and hearty thanks etc. May the great God of heaven and earth reward and bless your Grace and all yours ; with health, long life, prosperity, and all your heart's desire ; is the most sincere prayer of, May it please your Grace ! Your Grace's Most obedient, Thankfull, Faithfull and Dutifull servant, Signed, R. Bradley. Endorsed, R. 7th March. Holograph. 1 p. [C.O. 5, 1093. ff. 288, 289 v.]
Oct. 5.
No. Carolina.
353. Governor Burrington to the Council of Trade and Plantations. Abstract. Encloses Journals of late Assembly. There was a fair prospect that business might be done by it, before Smith returned in June. But by the advices he brought, he so confused the Lower House, that Moseley and his faction confounded the other Members, and nothing could be done, they carried their imprudence so far, that he dissolved them. The report of their Committee, the work of Moseley, their Speaker, he did not see till after the dissolution. He will have it examined in Council and be able to expose it and its author. Smith's letter to the Assembly is a sequel to his complaints against the Governor, and shows the inconsiderate villany of the man etc. Mr. Rice's paper in the Journal will be answered the next Council. It has been thought by many a way to preferment by opposing him. The behaviour of some of H.M. officers has been of singular use to Moseley and his gang in preventing enquiry into his rogueries. Concludes :—The Province is in perfect peace and quietness ; and this a year of the greatest plenty ever known in North Carolina ; the summer proved sickly, but very few have dyed. There will be abundance of new settlers in the approaching winter come from the Northern Provinces, this intelligence I have received from many allready come in. Set out, N.C. Col. Rec. III. 528. Signed, Geo Burrington. Endorsed, Recd. 8th Jan., Read 1st Aug., 1734. 2pp. [C.O. 5, 294. ff. 120, 120 v., 123 v.]
Oct. 8.
Boston in New England.
354. Mr. Pemberton to Charles Delafaye. Abstract. On his arrival he delivered to the Governor H.M. royal warrant requiring him forthwith to appoint him Naval Officer of the Province (v. 4th Oct.), which he absolutely refused to obey, peremptorily insisting upon his own perquisite, and would give him no other patent than such as should depend upon his own pleasure, without any dependence upon the King's order. He reminded H.E. that the same thing is practised in many other Plantations etc. He replied that His Majesty had no power to order anything contrary to an Act of Parliament, and that it was his duty and that of all Governors to disobey such orders. He said he would not comply, even if, as proposed, he received a letter from the Duke of Newcastle as a further confirmation of the King's order etc. At length he thought it better to accept the patent for the present on his terms, than to return to England. Does not doubt that his Grace will interpose to oblige the Governor to a compliance ; otherwise the King's instructions will lose much of their weight with the people. Has concealed this affair so far as possible at this critical juncture of the Sessions of the General Court, lest it should strengthen them in their disputes with the Governour, upon his enforcing a complyance with the Royal instructions. That for supplying the Treasury, there is a great likelihood of their complying with. He has been very active in endeavouring to persuade many Members of the Court into it, and not without success. "This affair of mine has also, hitherto, tended very much to intimidate them from persisting so strenuously as formerly, lest His Majesty being displeased should proceed to take into his own disposall, the other posts which are now dependent upon the Governour and them." Is informed that the Governor is making strong applications to his Grace, and others of the Ministry, particularly Lord Wilmington, in order to get the King's order revoked etc., and that he pretends that the Naval Office is the only valuable place in his gift, and that taking it away tends to undervalue him to the people. He is unwilling to say anything to dishonour H.M. Representative, or to displease him, but, if it is required of him, he can easily demonstrate the reasons for which the Governour is so much slighted by the people. The Clerkships of the Common Pleas and Sherrifs' offices, which are in the Governour's gift, are several of them as valuable as the Naval Office. The Clerkship of the Common Pleas of the Naval Office is more valuable, and great part of its profits H.E. gives to a son of the famous Mr. Cook, the New England Oliver Cromwell. The Naval Office is not worth more than £120 sterling per annum clear. "What chiefly displeases the Governour about it is, because he had put a lad, one of his domesticks, into the office, and allowed him about £25 sterling pr. annum for that, and other services, and the remainder was given to one of his relations etc. Has written to Sir Robert and Horatio Walpole and Lord Wilmington, reminding the latter that he withdrew from his proposal for the consulship of the Azores and Madeira, because it would have interfered with his nephew at Lisbon etc. He relies chiefly, however, upon the continuance of Mr. Delafaye's assistance etc., to prevail upon his Grace to order the Governor to a punctual compliance with H.M. warrant. Otherwise, his next proceeding will be to remove him etc. Signed, Benja. Pemberton. Endorsed, R. Nov. 22nd. Holograph. 3 large pp. [C.O. 5, 899. ff. 46-47 v.]
Oct. 10.
355. Mr. Willard to Mr. Popple. Sends by the ship New Cambridge Acts and Journal of Assembly, for the Sessions of May and Aug. last, and Minutes of Council for half year ending Aug. etc. Signed, J. Willard. Endorsed, Recd. 15th Nov., 1733, Read 18th Sept., 1735. ¾ p. [C.O. 5, 878. ff. 26, 31 v.]
Oct. 10.
Hampton Court.
356. Duke of Newcastle to Governor Mathew. I send you herewith a Memorial that was put into my hands by Mr. Fane, setting forth, that Mr. Brown, Chief Judge of the Island of St. Christophers, who was displaced by you, when Lieutenant Governor of H.M. Leeward Islands, but was afterwards restored by a warrant signed by H.M. for that purpose, has commenced a suit against Mr. Burt, who acted in the mean time, as Chief Judge, by your appointment, the said Mr. Brown laying claim to the fees and perquisites received by Mr. Burt, whilst he officiated in that office ; as this appears to be a very unreasonable demand, and as it was by no means intended, by restoring Mr. Brown, to take from Mr. Burt what his services, as Chief Judge, had entitled him to, I am to acquaint you with H.M. pleasure, that, as far as may be done according to law, you prevent and discourage such a vexatious and frivolous prosecution. Signed, Holles Newcastle. Copy. Enclosed,
356. i. Henry Fane to the Duke of Newcastle. States case as above and prays for H.M. order for a stay of process in the Courts of Law in those islands against Mr. Burt, the demand of Mr. Brown appearing to be founded upon great injustice and oppression etc. Signed, Hen. Fane. Copy. [C.O. 324, 36. pp. 425-427.]
Oct. 11. 357. John Sharpe to Mr. Delafaye. Requests him to move the Duke of Newcastle to have enclosed referred to the Board of Trade etc. Signed, Jno. Sharpe. 1 p. Enclosed,
357. i. Address of the Commander in Chief, Council and Assembly of Nevis to the King. The forts and fortifications are in a very weak and impaired condition and destitute of arms and all warlike stores. The inhabitants are not able to purchase the arms and stores needed. Without H.M. assistance they may become an easy conquest for the French, the distance between the islands being so small etc. Pray for a grant of warlike stores etc. Signed, Mich. Smith ; John Dasent, Speaker. 1 p. [C.O. 152, 43. ff. 306, 308.]
Oct. 13.
358. Governor Hunter to the Council of Trade and Plantations. With this your Lordships will receive the Acts of Assembly pass'd here in the former sessions. Of these three only are of a publick nature or of consequence, viz. : (i) for raising several sums and applying the same to several uses for subsisting the two Independent Companys etc., 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 ; (ii) for the more speedy and effectual collecting the publick and parochial outstanding debts ; (iii) for securing and collecting H.M. quitt-rents, fines, forfeitures and amerciaments 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. Which being conformable to H.M. Instructions and necessary for the preservation of this island I hope will meet with your Lordships recommendation for H.M. approbation, some factors on this side having threatn'd to give what obstruction they can to their being approv'd at home. But if no money bill is pass'd but what is agreeable to the humour, interest or views of all our partys there is an end of all such for the future. Encloses Minutes and Journals of Council and Assembly, which could not be got ready sooner. Continues : On the 2nd of this month our Assembly met, on the 3rd I spoke to them as in the inclos'd copie ; in a conference with the Council they agree'd to what I had long ago and now again propos'd as to a defensible barrack or fort about half way from Port Antonio towards the rebel haunts for covering the out settlements and facilitating future attempts, when they determine to act offensively and are in a condition to do so. I also inclose the additional examination of the negro spy now in gaol here. Immediately upon the return of the partys to Port Antonio, the two hundred seamen employ'd in that service embark'd and came to Port Royal. The partys remaining consisting of one hundred men of the two Independent Companys and the same number of a party rais'd by the country have been kept in motion ever since the late disappointment, a detachment of sixty march'd from the breast work with eight days provision in order to cutt down the Great Plantain walk, which they did effectually and return'd without loss. Another march'd in pursuit of the rebels to the place called Hobby's but they fled to the woods and escap'd them. I have order'd inquirys by Courts Martial to be made into the causes of this shameful miscarriage, two have been try'd, sentenc'd to death and executed, one for plundering the baggage, the other, a guide, for perswading the sailors to run away, but the true cause of this misfortune is justly ascrib'd by every disinterested man to the departing from the disposition I had made and the orders I had given, copys of which are here inclos'd. But the seamen being by the act of Assembly exempted from the rules and articles of war to which the rest were subjected, tho' the disorder begun with them I can not proceed further. When the Legislature hath done or resolv'd on any thing effectual for the safety of this island, I shall acquaint your Lordships by the first opportunity. The joynt Committees had agreed to address H.M. for the assistance of four more Independent Companys, but the Lower House disagree'd to't, so that is dropt. By the time the next vessels depart I may be able to give your Lordships more particular informations of the proceedings and resolutions of our Legislature. I am with the greatest honor etc. Signed, Ro. Hunter. Endorsed, Recd. 9th Jan., Read 26th April, 173¾. 4 pp. Enclosed,
358. i. Speech of Governor Hunter to the Council and Assembly of Jamaica. 3rd Oct., 1733. Will lay before them all papers relating to the miscarriage. Has ordered all hands to be employed in building a barrack at the Brest Work etc. Nothing would contribute more to the reduction of the rebels than the erecting a small fort a day's march forward from the Brest Work, whither a path for mules may be easily made and provisions lodged there, which will take off the necessity of that great number of baggage negroes hitherto employed at a great expense and loss, and who have been in some measure the occasion of the several disappointments etc. Unless there can be found out some more effectual method to prevent the abuses in the retail of rum, your partys will never be of use to you etc. Again reminds them of the growing disorder in the currency. The Commissioners for stating the public accounts have applied themselves with great assiduity, but meet with such difficulties as will take up more time than was apprehended. If the Militia is to be of any use, they must prepare a better law for its regulation. Reminds them of need of appointing an Agent. Thinks the Act for the encouragement of the sugar Colonys calls for their grateful returns, especially when nothing is expected from them but to take care of the safety, ease and true interests of H.M. subjects in this island. Endorsed, Recd. 9th Jan., 173¾. Copy. 2¼ pp.
358. ii. Address of the Assembly to Governor Hunter. 15th Aug., 1733. v. 22nd Aug. encl. i. Endorsed as preceding. Copy. 1 p.
358. iii. Governor Hunter's Speech to the Assembly, 17th Aug. Reply to preceding, v. 22nd Aug. encl. i. Copy. 3 pp.
358. iv. Governor Hunter to Lt. James Draper. Spanish Town. 6th Aug., 1733. Is perfectly satisfied with his conduct, and is sensible of the trouble he has in that command, and hopes the Assembly are too. Is "amazed that the magistrates do not exert themselves in puting in execution the law against retailers of rum, that bane of this island, you may borrow the shackles from the ships of war." Refers to dispatch of seamen and detachment of Independent Company etc. Sends copy of Articles of War established by the late act, and commends his precaution against the spreading of the small-pox by hutts out of town, which he expects the magistrates will be assistant in. Other instructions as to details. Endorsed, Recd. 9th Jan., 173¾. Copy. 1¾ pp.
358. v. Same to Lt. Thomas Swanton, officer commanding the 200 seamen. St. Jago de la Vega. 6th Aug. On arriving at Port Antonio etc. "You are to consult and advise with the officers commanding the other partys there etc. as to the time of your marching out from thence so that the three several partys may fall in upon the rebels' haunts as near as can be at the same precise point of time according to my instructions to the Officer commanding the other partys etc., copy enclosed. Other instructions. Copy. 1 p.
358. vi. Orders and Instructions to Lt. Thomas Allain, Officer commanding detachment of the Independent Companies etc. St. Jago de la Vega. 6th Aug. The three several parties, including the seamen, are to march out on three different routs and on three different days so that probably the partys are not to meet till you shall arrive at the haunts of the rebels. You are not to interfere in the command of the seamen etc., but to advise with the officers commanding them and the country party as to the time of the three several partys marching off etc., that under your command being to march by the rout called Hobby's, the Country party by the rout of Carrion Crow Hill and the seamen by the streight way called the Brest Work, which last will be the shorter by two days etc., so that you are to adjust the time of your several marches so as the three partys may fall in upon the rebells as near to one point of time as possible etc. Further instructions upon details and subsequent action. Endorsed, Recd. 9th Jan., 173 3/4. 2¼ pp.
358. vii. Further examination of [the negro] Sarra alias Ned, taken by order of H.E. 1st Oct., 1733. The old town formerly taken by the soldiers goes now by the name of Nanny Town, where are 300 men all armed with guns or launces ; they have more fire-arms then they use, the number of women and children far exceeds that of the men. The rebels have one head man who orders everything, and if a man commits any crime he is instantly shot to death, but there is hardly anything esteemed a crime with them but the lying with one another's wives, the women are whip'd for most of the crimes they commit, and they and such of the men as are least noted for their courage perform all such work as is necessary for the raising provisions, making it a custom to work one day and play the next ; and if the head man should be guilty of any great crime, his soldiers (as they are call'd) shoot him, and appoint another in his place. Their present head man is call'd Cuffee, and he is distinguish'd by wearing a silver-lac'd hatt and a small sword, no other daring to wear the like. The rebels have another town on the top of Carrion Crow Hill, call'd Gay's or Guy's Town from the name of their head man etc. There is a great deal of open ground about it, in which is plenty of coco, sugar canes, plantains, mellons, yams, corn, hog and poultry. The number of men is about 200, and a greater number of women. The men choose to arm themselves with launces and cutlashes rather than guns, and never go to meet the partys unless to defend the paths which leads to their own town, and then they are joyn'd by those of Nanny Town who are esteem'd the best fighting men, etc. The rebels, when they were first beat from Nanny's Town, went to Gay's Town, and remained there till the provisions began to be scarce, and then they returned and made themselves masters of their old town again etc. Upon hearing that there were stronger partys to be sent against them, sent and search'd the woods for about eight miles round to see for other settlements, that they might unite their strength, but could find none. There is no town at Long Bay, but they have all their salt from thence, and have made a convenient place for boiling it. They give encouragement for all sorts of negroes to join them, and oblige the men to be true to them by an oath which is held very sacred among the negroes, and those who refuse to take that oath, whether they go to them of their own accord or are made prisoners, are instantly put to death, and they have a grand night and day over the women who for their defence carry about them each two or three knives. The name of the wild negro that goes to Kingston for powder is Cuffee and not Quashee as mentioned in the previous examination, and by the description of the place where the Jew lives that sold the powder it must be Jew Alley and not Church Street etc. It was Quashee and Cudjo who were the spys at Port Antonio etc. The Indian carried with him a large horn of powder and ball in a bagg ; the name of the Indian's master is Jaco and belongs to some sloop etc. Quashee and Cudjo were mostly entertained at Port Antonio by Col. Nedham's negroes, particularly by one named Sam. Same endorsement. 1½ pp. [C.O. 137, 21. ff. 26-27v., 28 v. ; 30-31, 32-33, 34 v.-37, 38-39 v., 40 v., 41 v.-42 v., 47 v.]
Oct. 13.
359. Governor Hunter to the Duke of Newcastle. Duplicate mutatis mutandis, of concluding sentences of preceding covering lettter, from "On the 2nd of this month." Signed, Ro. Hunter. Endorsed, R. 7th Jan. 2¾ pp. Enclosed,
359. i.-v. Duplicates of encl. i., iii.-vi. preceding. [C.O. 137, 54. ff. 350-353, 354, 354 v., 356, 356 v., 358-359, 360, 360 v.]
Oct. 13.
360. Extract of letter from Mr. Hals to the Earl of Westmorland. Abstract. Has written full account of the reverse at Negro Town to his correspondent, Mr. Chamberlain. The Council and Assembly are now sitting to devise methods to reduce the rebels, whose strength daily increases. The scheme at present is building barracks every mile from the Breast-Work to their town, about 7 miles, where a stock of ammunition and provisions might be always ready to support the parties who go against them. The guide, who was the sole cause of the misconduct of the last affair, is shott by order of a Court Martial, and it were greatly to be wished the Council and Assembly may make their bill for mutiny and desertion a little severer. I had but very small hopes of success from their behaviour at Port Antonio before they set out, for the soldiers of the country party mutined and were forced to be reduced to obedience by the sailors, who were drawn up in a body against them with orders to fire upon them, if they did not submit, which with much difficulty they brought them to by perswasion. Endorsed, Recd., Read 19th Feb., 173 3/4. Copy. 12/3 pp. [C.O. 137, 21. ff. 2, 2 v., 5 v.]