America and West Indies: September 1724

Pages 216-221

Calendar of State Papers Colonial, America and West Indies: Volume 34, 1724-1725. Originally published by His Majesty's Stationery Office, London, 1936.

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September 1724

Sept. 1.
351. Mr. Popple to Mr. West. Encloses, for his opinion in point of law, Acts of Barbados (i) for the better setting intestates' estates and for enabling fathers to dispose of the custody of their children during their minority (1715); (ii) for enlarging the time appointed for the election of vestrymen, (1723); (iii) An Additional Act to the Act for establishing the Courts of Common Pleas etc. (1724). [C.O. 29, 14. p. 405.]
Sept. 1. 352. Mr. Armstrong to the Council of Trade and Plantations. Report upon the state of H.M. Woods in America. By the late Act, (for further encouragement of Naval Stores) the inhabitants of the Massachusetts Bay pretend that, contrary to their Charter, the whole tract of land included in a township is the property of that township, and that the King has no right to any trees growing thereon. Several of the townships are many miles square, wherein are many thousands of acres of wood land where the best timber grows now fit for the service of the Crown, and more promising to be hereafter, altho' the twentieth part thereof is not under any immediate improvement etc. Doubtless there are many trees without the townships fit for H.M. service, but far short of what's within, and considering those trees are very difficult to come at, lying at a great distance up in the woods, and but few navigable rivers capable to bring them down, each mast will cost the Crown above six times the value as those growing within the townships, besides the great hazard and charge to come at them in time of war. By the late Act the inhabitants are still at liberty to enlarge their townships and take in all lands wherein the best timber grows and more especially near navigable rivers etc. So that the reservations made in the Charter is wholly defeated etc.
There is vast tracts of lands within the townships which belongs to the Crown that the inhabitants claim a right to only by possession. Proposes that they be called upon to produce their titles. New Hampshire has for 60 or 70 years supplied the greatest part of the masts contracted for by the Crown and is still capable of the same provided due care be taken to preserve the timber, but the Government there hath granted within this 5 or 6 years (and more particularly since the late Act) four or five townships, each containing 10 miles square, wherein the best timber grows etc. I must likewise observe to your Lordships the great disadvantage done the King and Kingdom in sending of ship timber from New Hampshire to Portugal. Notwithstanding all my checks and menaces when Collector for several years past they have carried on that trade to forreign parts etc. I darst not take upon me to stop the ships there being no law against exporting timber to forreign parts, altho' I have prest at home this severall years past for an Act of Parliament to prevent the same etc. He can convince the Board that complaints against him arise from malice and revenge for doing his duty. Concludes: Before I came away, the inhabitants told me I had no business nor power to survey any woods within their townships, neither would they suffer me, for the King had no right to any woods there since the late Act of Parliament etc. Signed, Robt. Armstrong. Endorsed, Recd. Read 3rd Sept., 1724. 4 large pp. Enclosed,
352. i. Certificate by H.M. Commissioners of Customs in favour of Mr. Armstrong. 12th Nov., 1709. 6 signatures. Copy. ¾. p. [C.O. 5, 869. ff. 55–57, 59v.]
[Sept. 2.] 353. Proceedings of Court of Chancery, Barbados, 13th May—2nd Sept. 1724. 12 pp. [C.O. 33, 27. No. 3.]
[Sept. 2.] 354. A Journal of William Augustus in the service of the Government of Nova Scotia etc. (v 12th March, 12th Aug.) Signed, R. Philipps. Endorsed, Recd., Read 2nd Sept., 1724. 4 ½ pp [C.O. 217, 4. ff. 259–261v., 262v.]
Sept. 3. 355. William Birkhead and John Sasoubre to the Council of Trade and Plantations. Replies to questions of the Board as to a proposed settlement of a tract of land between New England and Nova Scotia. Petitioners propose to take with them 10 families. H.M. to transport them at his own expence, build their ports, furnish them with arms and ammunition and a garrison and grant them lands without fees, in return for a quit rent of 28 lb. of good hemp fit for the Navy for every 100 acres cultivated commencing 7 years after they are cleared etc. H.M. expences in transporting and maintaining the people to be repaid after 7 years annually in Naval Stores. Signed, Wm. Birkhead, Jon. Sasoubre, Agents. Endorsed, Recd., Read 3rd Sept., 1724. 1 p. [C.O. 5, 869. ff. 54, 54 v.]
Sept. 3.
356. Council of Trade and Plantations to the Lords Commissioners of the Treasury. In reply to 20th May, repeat recommendation of ship of war for Nova Scotia, v. C.S.P. 14th Dec, 1720, and transmit account of the services of H.M.S. William Augustus, and submit whether it be not reasonable that Col. Philips should be reimbursed the expence he has been at, upon this occasion. Conclude: H.M. has few or no subjects as yet inhabiting this Province, except the troops in garrison there, but there are near 3,000 French who have continued there, since the cession thereof, and have hitherto obstinately refused to take the oaths of allegiance etc. The French settlements in the neighbourhood of Nova Scotia are very strong, and their Indians do frequently annoy H.M. subjects when they fish upon the coasts; wherefore it would seem to us highly necessary that either this vessel or some other of the same kind should be employed in the service of this Colony, till they should be in a better condition to defend themselves. [C.O. 218, 2. pp. 49–51.]
Sept. 5.
357. Governor Nicholson to the Council of Trade and Plantations. H.M.S. Blanford being not yet sailed I herewith transmit the copy of a Proclamation concerning old bills etc. for I found that of late the people had not brought in their old bills to be changed which I supposed was upon some private views of their own and that others might because they would not own the Act etc. and some people of ye country might not know the certain time. For wch. reasons and more especially that I might know ye certain summ of the old bills that were changed for the new ones (without wch. no true estimate could be of the number of either) and when the Commissrs. make a return thereof I shall according to my duty transmitt it to your Lordps. I recommended to H.M. Honble. Council humbly to represent to your Lordps. in some measure the state of this H.M. Province which they have done etc. (v. encl. i.), which I hope in God will meet with your Lordps. approbation. Our late storm hath very much damaged the fortifications in this place which can't posibly be fully repaired this winter but I have given directions that what can possibly be done be gone about imediately. We have had a great deal of rain of late which hath caused great floods that hath damnifyed some rice Indian corn and pease. I thank God it is this day fair weather etc. I suppose that some of the ships now here will not gett loaded for London till the later end of October by reason the rains have hindred the making of pitch which is the only comodity they can load with, etc. Signed, Fr. Nicholson. Endorsed, Recd. 27th Oct., Read 3rd Nov., 1724. 1 ¼ pp. Enclosed,
357. i. Representation of the Governor and Council of S. Carolina to the Council of Trade and Plantations. Charles Town, 4th Sept., 1724. Report upon the trade of the Province. Our principal staple rice being continued amongst the rest of the enumerated commodities is the greatest hardship attends our trade etc. Refer to arguments of the Agent and fear competition from Movill etc. Continue:—The directions of the late Act of Parliament for making of green tarr being impracticable in this country, that branch of our trade will be lost, and we shall be in the same condition with our pitch and turpentine, for want of the bounty: so that unless the Parliament give it again, two thirds of the bulk of our trade falls, and the Navigation will be much decreased. The French are endeavouring to rival us in that part of our trade also; for there hath lately been in this harbour a small sloop loaded with pitch and tarr, of their making at Movill etc. Argue in favour of the bounty. Continue: This Province stands as much in need of the liberty of importing salt from France and Portugal, as New England, to whom it is granted, for salting of beef and pork etc.: besides we have a prospect of settling a Fishery here, had we the like liberty: there being several sorts of fish on our Banks, close in with the coast, which may be improved for foreign markets. We have great quantities of valuable timber fit for the Royal Navy, and plank of pine and cypress: we should be enabled to ship them to Great Britain, if we had the encouragement of a bounty. It would greatly tend to the advantage of this Province if Port Royal was made a port of entry, and proper officers were appointed: it would be much safer for H.M. ships stationed here etc., which could go in and out upon any occasion, which they cannot do at Charles Town for want of depth of water on the barr. Enclose map of that harbour. Their presence would encourage the settling that place, being a frontier, and deter any attempt on Fort King George. In the late rupture between the two Crowns, St. Augustine was a resort for privateers, being in the mouth of the Gulph, where most ships trading to the West Indies, especially those from N. America, are obliged to cross, etc., which might be prevented, if a man of war was stationed at Port Royal etc. One of the principal grievances of the Province; is the management of the soil: for whilst the Lords Proprietors prohibit the sale of lands, it could not meet a more fatal shock, or a greater obstruction in its settlement. The Land Office hath now been shut up near six years, and in that time undoubtedly (in so flourishing a Colony) many people would have become good settlers, who are already here, and many others would have come hither etc. Pray for the Board's intervention on their behalf in the above matters. Signed, By Order of the Governor and Council, Char. Hart, Secry. Endorsed as preceding. 3 pp. [C.O. 5, 359. ff. 216, 216v., 217v., 229–230v.; and (abstract of covering letter) 5, 406. p. 20.]
Sept. 7.
358. Sir Wm. Codrington to [? Mr. Popple]. In reply to letter of 10th asks for leave for one year longer to settle his affairs before returning to Antigua. Continues: I am surprised to hear yt. severall Gentlemen has beene of late put into ye Council wch. were ye chiefe acters and promoters of Generall Parke's death" etc. For his own character gives references to Lord Cadogan, Lord Berkeley etc. Signed, W. Codrington. Endorsed, Recd. 8th Sept., Read 1st Oct., 1724. 3 pp. [C.O. 152, 14. ff. 359–360v.]
Sept. 9.
359. Mr. Leheup to [?]. Asks that two papers, now signed, may be sent to the Duke of Newcastle's Office, "vizt. a bill of extraordinarys for Mr. Hor. Walpole as envoy, and a letter for appointing Francis Harrison Recorder of some Corporation in N. York or N. Jersey vice David Jenison, pursuant to a letter I gave Mr. Prevereau from Governor Burnet to the Duke" etc. Signed, Peter Leheup. 1 p. [C.O. 5, 1085. No. 47.]
Sept. 12.
Province of
360. Lt. Governor Wentworth to the Council of Trade and Plantations. Refers to letter etc. of 5th April. Continues:— I am not yet out of hopes of H.M. Royall bounty to Fort William and Mary. Our stock being next dore to nothing, it would be a great pleasure to me to see something come that way. Our trade being small, dos but a little more or less, bring the year about sometimes a little over and other years under and in case we should be attackt by our enemies, we have not above one round of gunpowder in the Fort. I have ben greately perplexed in my minde about it. The Assembly say the people are so oppresd with the Indian war, that they can't pay the charge that ariseth thereby. Refers to former application etc. Continues:—About the midle of the last month, Capt Harmon with a party of troops came upon one of the cheife of the Indian towns about 120 miles from the sea called Naridgeawag, and distroyed about 100 men women and children, which is the greatest slaughter we have made upon them for many years, or indeed ever, on the Eastern tribes. I have joyn'd the Massachuset Govermt. with fifty men on a second march to Penobscut. We have found out a new way to Penobscut, and so intend to attack em by sea and land at the same time. This Indian war is greatly impoverishing to New Hampcher, in perticuler all the towns in this Province, excepting Portsmo. and New Castle, are in close garrison, men women and children crowded all together, and a full tenth of the whole Province constantly upon duty, and notwithstanding all possible cear is taken, yet every week some or other is taken captive or killed. So that your Lordships may judge how we are wasteing boath in numbers, and allso the impoverishing the pore inhabitance. Signed, Jno. Wentworth. Endorsed, Recd. 6th Nov., 1724, Read 30th June, 1726. Holograph. 3 pp. Enclosed,
360. i. Account of gunpowder and stores of war in Fort William and Mary 28th May 1723–1724. Signed, Jno. Wentworth. Endorsed, Recd. 6th Nov., 1724. 3 pp. [C.O. 5, 869. ff. 247–250v.]
Sept. 14.
361. Mr. Popple to Mr. West. Encloses Act passed in Montserrat, 1724, granting to H.M. etc. certain duties upon the imposts of liquors, house rents and mills for the payment of £500 annually to Governor Hart etc. for his opinion thereon in point of law. [C.O. 153, 14. pp. 164, 165.]
Sept. 15.
362. Council of Trade and Plantations to the King. Enclose copy of Mr. Torriano's memorial, 8th Aug., that it may be taken into consideration together with their report of July 24th. [C.O. 389, 28. pp. 226, 227].
Sept. 17. 363. Mr. Birkhead and Mr. Sasoubre to the Council of Trade and Plantations. The petitioners for settling the waste lands between Nova Scotia and Maine, who requested that that grant might pass at H.M. expense, now offer to pay all the usual fees themselves etc. Signed, Wm. Birkhead, John Sasoubre. Endorsed, Recd. 23rd Sept., Read 7th Oct., 1724. 1 p. [C.O. 217, 4. ff. 267, 267v.]
Sept. 22.
364. Order of King in Council. Referring to Committee Mr. Toriano's report etc. Cf. Aug. 8 and July 15. Signed, Robert Hales. Endorsed, Recd. 30th Sept., Read 28th Oct., 1724. 1 p. [C.O. 388, 24. No. 167.]
Sept. 22.
365. H.M. licence of absence to Governor Nicholson for six months for the recovery of his health and private affairs. Countersigned, Holles Newcastle. Copy. [C.O. 324, 35. p. 88.]
Sept. 29. 366. Petty expences of the Board of Trade from Midsummer to Michaelmas, v. Journal of Council. 5 pp. [C.O. 388, 78. ff. 106, 110–111v., 114].