America and West Indies: July 1730, 6-8

Pages 165-169

Calendar of State Papers Colonial, America and West Indies: Volume 37, 1730. Originally published by His Majesty's Stationery Office, London, 1937.

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July 1730, 6-8

July 6.
313. Jean Pierre Purry to the Council of Trade and Plantations. Offers to settle 600 Swiss in Carolina in six years time, if granted a barony of 12,000 acres free of quit rent for some years, etc. Cf. C.S.P. 24th March, 1729 etc. Signed, Jean Pierre Purry. Endorsed, Recd., Read 9th July, 1730. French. 1 p. [C.O. 5, 361. ff. 127, 128v.]
[July 7]. 314. Memorial of John Yeamans, Agent for Antigua, to the Council of Trade and Plantations. By an Act of Antigua of 1715, all Courts of Chancery for the said island consist of the Captain General or Governor in Chief and five or more of the Council of the Island etc. Great delays have been occasioned by frequent and long absences of the Governors. There has been no Court of Chancery held there for three years purely through the absence of the Chief Governor to the insupportable delay and expense of such as have law-suits depending etc. The business of the island requires at least four or five Courts of Chancery in a month etc. Prays for the confirmation of the Act of 1728, providing that the Lieut.–General, the Lt.–Governor, or the President of the Council, may preside in the Court of Chancery whenever the Commander in Chief of the Leeward Islands is absent from Antigua. Endorsed, Recd. 7th July, Read 5th Aug., 1730. 1¾ pp. [C.O. 152, 17. ff. 148, 149.]
July 7.
315. Governor Worsley to the Duke of Newcastle. Captain Barnesly Commander of the Scarborough man of war, came in here about a week since from Portorico, and Hispaniola, where he went from Antigua with Mr. Dixon, who was authorized by some persons here, as well as at Antigua, to demand the vessells that had sailed from these islands, and had been taken by the Spaniards, since 11th June, 1728. Capt. Barnesly tells me that the Governour of Portorico refused to let the Gentlemen go on shoar, nor had any regard to the King of Spain's schedula, saying that he had not received any orders from the King his master, and that till then he could not admit him to come there. The Governour of Hispaniola received them civilly, and allowed the Gentlemen to come on shoar, and to stay there to make good his demands, for the restoration of the vessells, and that the money was ready when the King of Spain's orders should arrive. Mr. Ashley, Deputy Auditor General here, has set on foot a petition to H.M. (which is signed by himself, and many other Gentlemen) praying (as I am informed) that H.M. would prevent the importation of any sugar, rum, and mellasses from any of the French and Dutch Colonies into Ireland, or the Northern Colonies till those commodities had paid the duty in Great Britain that H.M. subjects in his Sugar Colonies do, or that they may have the same liberty as the French of exporting their improved sugar at a duty of 1 pr. cent., upon exportation directly to any one of the Spanish ports in Europe, without first importing them into England. 'Tis most certain that the trade from the Northern Colonies, to the French and Dutch Colonies, for sugar, and mellasses is very prejudicial to this island, which has encouraged the Northern Colonies to set up many still-houses for the making of rum, which in course must make the price of rum of H.M. Sugar Islands fall, and many vessells load from St. Lucia with sugar for Ireland, and so I am told they do from hence by clearing out for Newfoundland, or the Isle of Man. The trade that is carryed on from the Northern Colonies to Martinico is only by permission of the Governour there, tho' by the King of France's edict all commerce with forreigners is prohibited. But the French as well as the Northern Colonies find their advantage by it, sugar at Martinico, tho' not so fine as ours here, yet perhaps as good for the sugar bakers is much cheaper, then the sugars of Barbados, and mellasses is there worth about 4d. p. gallon, and here 9d. and 10d., if they could not export there mellasses they must fling it away as they formerly did, when they had no vent for it. I wish the people of this Island, have not given some occasion to the rise of this trade, by passing an act in 1715, which was confirmed 17th Oct. 1717, for the laying a duty of 12s. 6d. for every hundred weight of muscovado sugar, and 1l. 5s. for every hundredweight of improved sugar, which should be imported from Martinico, and other places, not under H.M. subjection, and so in proportion upon several other commodities, which were not of the natural product, growth, and manufacture of some of H.M. Colonies. The occasion of the making of this law, was the great quantity of sugar, mellasses, rum, cotton, ginger, and alloes imported from those places, which it was apprehended would very much lessen the value of the manufacture of this island. Yet it has been observed that the current cash in the island was much more then, than it is now, for as there was then a greater quantity of sugar here, they did not sell their provisions for money in order to go elsewhere for a loading, and provisions were cheaper, and there was more sugar to pay the duty to the Crown here, as well as in England, besides the employing of more ships. This affair has been carryed on by the particular Gentlemen concern'd in it; and indeed if I had been apply'd to I could not have concern'd myself in it, in that by H.M. Instruction, which I publish'd here, such a trade is not contrary to the sense of the Treaties, and that there is no law that prohibits it, unless as to this island the law abovementioned, laying a duty upon sugars brought hither from Martinico etc. by the greatness of the duty may not amount to a prohibition of that trade. Many of the Gentlemen who have sign'd the petition to H.M. have contributed pretty largely by bills of exchange they have given Mr. Ashley, and Mr. Osborne for bearing the expence in carrying on their point, tho' I cant help observing that these Gentlemen, as well as most of the others who have signed the petition, will not pay H.M. tax for supporting the honour and dignity of the Government. Mr. Ashley has recommended Mr. Peter Leheup to be one of their Agents, and has with three, or four more wrote to Mr. Forster to be the other, they gave them each at first 500l. sterling by Mr. Osborn, and Mr. Ashley's bills: the money gather'd upon this occasion is betwixt 2l. or 3000l. The owners of negro's in the three parishes, Christ Church, St. Philips, and St. Josephs, whose Assembly men return'd the lists of those persons who had given in to them the number of their negro's, being so return'd have paid this year their levy of 2s. 6d. pr. head for their negros, tho' but very few of the eight other parishes have paid, nor has the Vestry of St. Michael's, return'd their apportionment upon the inhabitants of the town etc. Signed, Henry Worsley. Endorsed, R. 27 Sept. Extract sent to Mr. Keene, Oct. 5th, 1730. 5 pp. [C.O. 28, 45. ff. 121– 123, 124v.]
July 7.
316. Governor Worsley to the Council of Trade and Plantations. Duplicate of preceding, mutatis mutandis. Signed, Henry Worsley. Endorsed, Recd. 12th Sept., Read 15th Oct., 1730. 5 pp. [C.O. 28, 21. ff. 110–122, 123v.]
July 7.
317. Council of Trade and Plantations to Governor Hunter. Acknowledge letters etc. of 17th July, 6th Sept., and 12th March. Continue:—We have considered the Act to prevent dangers that may arise from disguised Papists etc.; and altho' we may be of opinion with you that the passing an Act of this nature might have been immediately necessary, yet we think this Act, as to the execution thereof, not free from objection, because every importer of men servants from Ireland, except such as are Protestants or reputed so to be being subject to a forfeiture of 50l. many persons from Ireland may incur the same without knowing they were lyable thereto. For this reason we shall not propose this Act to H.M. to be confirmed but shall let the same lye by, till such time as we shall be fully apprized of the effect thereof. Announce appointments of Messrs. Henderson and Hayman (v. March 3 and June 5) to the Council. [C.O. 138, 17. pp. 290, 291.]
July 7. 318. Memorial of loss and damage (1506l. 19s. 6d.) sustained by Daniel and John Tupper of Guernsey by the seizure of the ship Swallow and her cargo of fish, on touching at the port of St. Ogne in Spain, Sept. 1718, in her voyage from Newfoundland to Bilboa. Deposition, signed, William Dobree, of London, merchant. Endorsed, Recd, (from Mr. Dobree), 11th Dec., 1730. 3 pp. Enclosed,
318. i.–vi. Papers relating to foregoing. 13 pp. [C.O. 388, 92. (Nos. 14, 14 i.–vi.]
July 7.
319. Col. Dunbar to Mr. Popple. Encloses Attorney General's opinion (cf. 5th and 16th June), which he hopes the Lords Commissioners will order to be prosecuted. "I believe there is no defence ordered to be made, this being a new thing, and the first yt. ever was of the kind; if the fines are decreed for his Majesty, no money is to be expected, the man will follow the precedent of Ben. Norris make a sham conveyance of his estate, and go to prison for a few months, and ye expences of prosecutions lye upon me until I know how I am to be reimbursed. There are so many deficiencys in ye Act that if my Lords Commissioners will pardon me, I will send them home before next sessns. such a bill as will prevent farther abuses. I have talked to the King's Advocate General upon this subject, who has promised to do it for me. I have not yet been able to gett ye other appeals allowed, for objections against the securitys to prosecute them. I believe there will this year be a great disappointment in the loadings of masts for H.M. service, there being yet not half one ships loading out of the woods, and large trees cannot be hailed but upon snow etc. The cause is want of supplies of money to the undertaker by Mr. Waldoe's partner here, who reports that he is to be turned out and sent to Newgate etc. If his oath and Dr. Cook's would take away his life, they would make a merit of it etc. Signed, David Dunbar. Endorsed, Recd. 14th Augt., Read 29th Oct., 1730. Holograph. 2½ pp. Enclosed,
319. i. Attorney General, Mass. Bay, to Col. Dunbar. Is of opinion that, in the case of Dunbar v. Peter Wyre, the evidence adduced was sufficient to prove the fact, and that the Judge should have decreed in favour of the prosecution etc. Details. Signed, J. Overing. Endorsed, Recd. 14th Aug., 1730. Addressed. 2¾ pp. [C.O. 5, 871. ff. 193–196v.]