America and West Indies: July 1729, 21-31

Pages 455-462

Calendar of State Papers Colonial, America and West Indies: Volume 36, 1728-1729. Originally published by His Majesty's Stationery Office, London, 1937.

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July 1729, 21-31

July 23] 841. Stephen Godin to Mr. Popple. Is instructed by the President and Council of S. Carolina to move that such proper Instructions may be given to the future Governors as will enable them to uphold H.M. authority and prerogative, "wch. by impunity, hath been most notoriously invaded and disregarded by a sett of people who have no other vieus to pay their debts but out of ye property of H.M. good British traders and inhabitants. Tumults, riotts and menaces have occasionally been used to bring H.M. Presidt. and Council to their unwarrant- able skeems and resolutns. and finding ym. unmovable, they for these two years endeavour to distress ym. at ye hazard of ye whole Province, (should a warr break out) by refusing to provide for ye suport of ye garisons and ye civill Governmts. To redress these and many other grivances wch. have crept in by ye weakness and male administration of former Governmts., some laws should be repeal'd, some reasumed and others made by H.M. injunctions to his Govrs." etc. l¼ pp. Enclosed,
841. i. The Acts most necessary to be repealed are, (i) The Act for establishing County and Precinct Courts, (1721) (ii) An additional Act to the Act for settling the Court of Justice, 1726, (iii) an Act for taking away the writs of summons, (iv) for electing members of Assembly by ballot. The Act which ought to be revived is that for the amendment of the law, 1720. The Act which. ought to be made, if not more properly to be declared by an Order of H.M. Councill, is Cape Feare wth. all its settlemts. to be in the Province of So. Carolina and under its Government. ? p. The whole endorsed, Recd., Read 23rd July, 1729. [C.O. 5, 361. ff. 7–8v.].
July 23.
842. Mr. Popple to Mr. Fane. Encloses, for his opinion thereon in point of law, Act of Pennsylvania, 1729, for emitting of £30,000 in bills of credit, for the better support of Government, and the trade of this Province. [C.O. 5, 1294. p. 5.]
July 23.
843. Council of Trade and Plantations to the Queen, Guardian of the Kingdom, etc. Offer for confirmation act of Montserrat, granting etc. £600 pr. ann. to Lord Londonderry etc. [C.O. 153, 15. pp. 27, 28.]
July 24.
St. Christ-
844. Governor Lord Londonderry to the Duke of Newcastle. I could not refuse Mr. John Gallway a letter for your Grace to forward to his correspondent in London, who will have the honour of delivering this to you. He's a young Gentleman of a family of some consideration in this part of the world, a younger brother, and a trader, and his vessell haveing mett at sea with some misfortune, put into Guardaloupe, by leave of the Lt. Governour, but afterwards was seized by the Custome house officers, and condemned, I think without the least colour of justice. I wrote to the Governour of Martinique about it, who thought it so extraordinary a condemnation, that he wrote to Paris about it etc. Refers to papers sent with Mr. Gallway etc. Signed, Londonderry. Endorsed, Rd. 19th Nov. Copy sent to Mr. Walpole 11th Dec, 1729. Holograph. 3 pp. [C.O. 152, 43. ff. 49–50v.]
July 25.
845. Mr. Godin to the Council of Trade and Plantations. When on Wednesday I was to attend your Lordps. command I was not prepared to enter into a discution with the advocates of the paper money, neither did I think that what comes from the President and Council under the Broad Seal of Carolina wanted the testimonials of the pretended Agent for the riotous Assembly etc. Encloses list of his proofs of the allegations of the President and Council etc. Mr. Wragg's agency ceased in March, 1728. Encloses list of British traders, and offers to collect in a petition the sense of all traders to the Colonies in relation to the paper currencies on the Continent etc. Signed, Steph. Godin. Endorsed, Recd., Read 30th July, 1729. 1½ pp. Enclosed,
845. i. List of papers in the hands of Stephen Godin relating to Carolina. 1¾ pp.
845. ii. List of British Merchants trading to Carolina who are no merchants. Sir John Lamber, and 16 others. ¾ p. [C.O. 5, 361. ff. 9–11, 12v.]
July 28. 846. Capt. Burrington to the Council of Trade and Plantations. In obedience to your commands I humbly presume to give your Lordships my thoughts on the present state of S. Carolina. The inhabitants are computed to be 2000 white men, they have in bills £90,000, which is a sum much too great for so small a number of people. They have been at very great expences to support their Governmt., four times as much as any other Province etc., therefore I cannot think them in a condition to discharge so great a debt but by degrees. If there is incerted an Article in the Governours Instructions to this end, undoubtedly the Assembly will readily agree to pass an Act which would be both advantagious and honourable to their country. If 5s. be paid for every tythable yearly in bills the whole debt will be clear'd in 15 years. There are reckoned to be above 20,000 tythable negroes etc. It would be a great advantage to them to have a rated commodity in S. Carolina, if rice is rated at 40s. a hundred their bills will be improved etc. I believe a Governour will find the people very ready to come into this method to discharge their debt, if he has the honour to inform them it will be agreeable to the King. Signed, Geo. Burrington. Endorsed, Recd., Read 31st July, 1729. 2 pp. [C.O. 5, 361. ff. 22, 22v., 23v.]
July 29. 847. Thomas Lowndes to Mr. Popple. Encloses following. Continues:—My view when I communicated my thoughts upon that head to the merchts. was, to shew the way to erect in H.M. Plantations a staple commodity which might be advantagious to our British manufactures etc. Continues:—According to the best information, the Emperor of Russia is the sole Proprietor of the pott ash, as the King of France is of the salt in his country, and that by the returns he has for this commodity from England, Holland, Flanders and France that monarch chiefly pays his troops. So that should this branch of his trade be affected, that Prince could not make the figure he now does. You must be so good as to allow me to hint, that was a proper method used I presume all the Charter and Proprietary Governmts. might be induced voluntarily to surrender their charters. But alass! the speculative part of trade by sad experience I find to be an unprofitable study. Signed, Tho. Lowndes. Endorsed, Recd. 29th, Read 30th July, 1729. 1¾ pp. Enclosed,
847. i. Memorial of merchants of London to the Council of Trade and Plantations. Imports from Russia and the East Country of pott ashes and pearl ashes amount to more than £100,000 yearly, which are always bought with specie etc. Was there proper encouragement given H.M. American Plantations would furnish Great Britain with those commodities etc., there being great plenty of the proper sorts of woods required. These commodities are chiefly used in making soap, (which is absolutely necessary in the woolen manufacture) and in dying as also in bleaching linnen. The Russian pott ashes have been for a long time monopolized by a few persons who can set what price they please upon 'em to the great prejudice of commerce. Signed, Steph. Godin and 13 others. Endorsed as preceding. 1 p.
847. ii. Tho. Lowndes to Sir W. Keith. Asks for his opinion on above project, and whether there is any known defect in the American wood etc. To prevent all objection against the unskilfulness of our planters, intends to propose that some persecuted Protestant families of Poland, who are perfect masters of that mystery, may be encouraged to settle in N. America, etc. Copy. l½ pp.
847. ii. Sir W. Keith to Mr. Lowndes. Reply to preceding. There is great plenty of the sorts of wood required, and it is said to be much richer in the vegetable salts needed than European wood. Heartily wishes success to his scheme, which would be a public benefit every way, because if the people of America were encouraged to go upon so profitable a manufacture, in the winter season when they have most leisure, it would insensibly draw them off from employing that part of their time in working up both wooling and linnen cloth. Signed, W. Keith. 1½ pp.
847. iii. Tho. Lowndes to Wm. Wood. You being allowed to be a great judge in everything that relates to the affairs and commerce of America etc., asks for his opinion on above Memorial (No. i.). Signed, Tho. Lowndes. Copy. ?rd pp.
847. iv. Wm. Wood to Mr. Lowndes. Cockpit. July 2, 1729. Reply to preceding. Continues:—I shall always be ready to contribute everything in my power to the bringing to pass a proposal which I conceive will be highly beneficial to a people whose Legislature should not think any encouragement too great to be given to H.M. subjects in America, provided they employ themselves in planting commodities, not of the growth and manufacture of their mother country, since it is undeniably true, that every penny paid to them as a bounty on the importing into this Kingdom, any commodities not of our own growth and manufacture but of the growth and manufacture of some foreign country, will be a certain profit and advantage to the people of Great Britain as it will necessarily conduce to the security, preservation and encrease of its trade and navigation, its riches and power. 2 pp. [C.O. 323, 9. ff. 11–13v., 15v., 16, 17, 17v., 19v.]
July 29. 848. Mr. Fane to the Council of Trade and Plantations. Has no objection to 10 acts of New York referred to him 23rd May. Signed, Fran. Fane. Endorsed, Recd. 30th July, Read 14th Oct., 1729. 2¾ pp. [C.O. 5, 1055. ff. l-2v.]
July 29. 849. Same to Same. Has no objection to four acts of St. Christophers submitted on 20th June. Signed, Fran. Fane. Endorsed, Recd. 30th July, 1729, Read 13th Jan., 1729/30. 1½ pp [C.O. 152, 17. ff. 115, 115v., 116v.]
July 30] 850. Draught of Additional Instructions for a Governor of S. Carolina. Endorsed, Recd, (from Mr. Godin) July 30, 1729. 8 large pp. [C.O. 5, 361. ff. 17–20v., 21v.]
July 30. 851. Mr. Fane to the Council of Trade and Plantations. Has no objections to six Acts of Jamaica of 1728, submitted to him 13th May. Signed, Fran. Fane. Endorsed, Recd. 30th, July, Read 26th Nov., 1729. 1 p. [C.O. 137, 18. ff. 51, 52v.]
July 30. 852. Daniel Horsmanden to Mr. Hammond. Requests his good offices in obtaining for him the Attorney Generalship of New Jersey. About 12 months ago Mr. Alexander quitted that office upon some pique, and the Governor put in one Mr. Smith, a person not bred to the law, till some proper person should be appointed, for there is a scarcity of lawyers in that country etc. Signed, Dan. Horsmanden. Addressed, for Mr. Hammond, at Mrs. Copes, over against the Adam and Eve alehouse, Petty France. l½ pp. [C.O. 5, 980. No. 47.]
July 30] 853. Address of the Council of S. Carolina to the King. Petition for the repeal of three Acts (i.–iii in No. 841 i.) as having proved very prejudicial to trade and property. Seven signatures. Endorsed, Recd, (from Mr. Godin) 30th July, 1729. Enclosed,
853. i. Reasons offered by the Council for the repeal of said laws, (i) Governor Nicholson being desirous to model this Government as near as might be to that of Virginia did promote the said laws for establishing County and Precinct Courts, to which the Council shewed no inclination as not being adapted to the circumstances of this Province where there is not a tenth part of the inhabitants, and for that wee conceived there were not persons quallified for such employments to be had, and the powers given by that law to the several Justices were very large, but H.E. insisting that no inconvenience arose in Virginia from such laws, wee gave way to the passing the said Acts. The many inconveniences that have arose have more fully confirmed us in our first opinion. The powers given by the Act are very exorbitant, for they have not only a civil and criminal jurisdiction, but even the power of the ordinary of granting letters of administration and also the power of the Court of Chancery so far as relates to orphans. The Chief Justice has to hold so many Courts that he has no time to attend to these latter services etc., and his assistants, being bred up as planters, have neither knowledge nor capacity etc. By the first two Acts all actions whatsoever were made local and confined to be tryed wheresoever the deffendant might happen to live, altho the contract was made in another county, and the plaintiff to maintain his action was necessitated to follow the deffendant with his witnesses 50 or 100 miles etc. When this was altered by the third Act, of 1726, all the Justices save those of Beaufort on Port Royall Island and one other Court at Echaw in Craven County threw up their commissions, for nothing would satisfye them, but bringing all causes to their own doors. The Chief Justice being restrained by these laws not to hold Courts without them, no Courts have been held for two years past at the three other places or precincts at Wassam-saw, Wandoe or Wittown, for when the Chief Justice came the circuits at the time appointed, some would not appear and those that did refused to act, so that all causes of action arising in those precincts being to be tryed there, those places have ever since become mints for debtors and sanctuaries for all criminals under the degree of felony. The Council passed a bill for reducing those three last mentioned Courts, but could not obtain to have it passed in the Lower House, etc. The necessity of passing the Act of 1726 (for the better setting the Courts of Justice) as to that part which appoints the Chief Justice to go his circuits and preside in those Courts was very apparent, for the Justices who before were appointed being bred up only in planting affairs and knowing neither law nor practise became a ridicule to the lawyers, subjected themselves to prosecutions by their unskillfulness and committed so many errors, that there would have been no end of rectifying them, but as to the latter part which took away the summons, the Council consented to pass it for this political reason to prevent if possible the large credit that is usually given in this country, but have since found that it has no ways answer'd the end and is attended with this worse inconveniency, that the trading interest cannot now by any means get in their debts, for where a person conceals himself, wee have no process of outlawry, so that the goods of the debtors as well as their persons are protected against their creditors and their lands never made subject or lyable to ye payment of their debts as yet. Pray that these Acts may be repealed, and that, if it be found convenient to continue the Court at Beaufort and that in Craven County by reason of the remote distances, "that then such Courts may be established by virtue of your Majesty's Royal Comission and Instructions to the Governor directed and not by virtue of any Act of Assembly, and that your Majesty's Cheife Justice may be appointed to hold the same by virtue of H.E.'s Comission only and not in pursuance of any directions of any act of Assembly" etc. Endorsed, as preceding. 4 pp. [C.O. 5, 361. ff. 13, 14–15v., 16v.]
July 31.
854. Order of Committee of Privy Council. Referring back to the Council of Trade and Plantations their representation of 20th May concerning quit-rents, in the two new counties of Virginia, "to reconsider the same, and to lay before the Committee a state of the fact, and also an account of the number of acres that have been so taken up, for which no quit-rents or purchase of rights have hitherto been paid, together with the amounts of such rights and quit-rents etc., and report what they consider advisable to be done thereupon." Signed, Edward Southwell. Endorsed, Recd. 6th, Read 7th Aug., 1729. 1½ pp. Enclosed,
854. i. Copy of Representation of 20th May.
854. ii. Copy of Lt. Governor Gooch's letter, 6th Nov., 1728. [C.O. 5, 1322. ff 1–2, 3–5, 8v.]
July 31.
855. Order of Committee of Privy Council. Referring following to the Council of Trade and Plantations. Signed and endorsed as preceding. 1 p. Enclosed,
855. i. Lords Commissioners of the Admiralty to the Duke of Newcastle. May 12, 1729. Enclose following, relating to waste of woods in New England, for H.M. Instruction thereupon. 3 signatures. Copy. 1 p.
855. ii., iii. Copies of letters from Mr. Haley, 6th March, Mr. Slade, 28th Feb., to Col. Dunbar. v. 21st April, supra. [C.O. 5, 870. ff. 257, 258, 259–263, 266v.]
July 31. 856. Order of Committee of Council. Referring following to the Council of Trade and Plantations to examine into the allegations thereof, and report their opinion thereupon. Signed, Edward Southwell. Endorsed, Recd. 6th, Read 7th Aug., 1729, ½ p. Enclosed,
856. i. Address of Council of N. Carolina to the King. v. C.S.P. Dec. 12, 1728. Copy. 6 pp. [C.O. 5, 1267. ff. 70, 71–73v., 75v.].
July 31.
857. Order of Committee of Council. Referring following to the Council of Trade and Plantations for their report. Signed and endorsed as preceding, ¾ p. Enclosed,
857. i. Lt. Governor Sir R. Everard to the Duke of Newcastle. Abstract. Refers to letter of Jan. transmitting copy of his order to Mr. Lovick, Secretary under the Lords Proprietors, forbidding him to issue any more patents for lands, after hearing that H.M. had purchased the soil etc. Lovick has disregarded this order, and the Governor therefore repeated his commands in Council, 31st March, "at which time the Members of my Councill broke up in great pett, and have not since been so mannerly as to give me an answer, but caviled with me concerning my authority in case of vacancy in appointing a Provost Marshall which occasioned an entire overthrow of all proceedings in Chancery etc. There have been for several years past very corrupt doings in the Secretary's office concerning the lands, transacted by Lovick and Edwd. Moseley, Surveyor Genl." etc. Proposes appointment of a Receiver Genl. of the Quitrents with a power of inspecting into the clandestine disposal of lands etc. Set out, N.C. Col. Rec. III. 26. Signed, Richd. Everard. Without date. Copy. 1¾ pp. Enclosed,
857. ii. Minutes of Council of N. Carolina, 31st March, 1729. Copy. 3½ pp. [C.O. 5, 1267. ff. 76, 77–79v., 82v.].
July 31.
858. Council of Trade and Plantations to the Lords of the Committee of the Privy Council. Represent that they have considered the complaints referred to them, 2nd July, and discoursed with several persons well acquainted with S. Carolina, "by whom we are confirm'd in the truth of the several facts and complaints in the sd. papers contain'd, whereby we have great reason to believe, that the Province is in the utmost confusion, which in our humble opinion can be no otherwise redressed, but by the speedy appointment of a Governor; and whenever we shall receive H.M. commands for preparing a Commission and Instructions for such a Governor, the papers referred to us by your Lordships will be of great use for the forming of Instructions on that occasion." [C.O. 5, 400. pp. 243, 244.]