America and West Indies: July 1731, 21-25

Pages 197-200

Calendar of State Papers Colonial, America and West Indies: Volume 38, 1731. Originally published by His Majesty's Stationery Office, London, 1938.

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July 1731, 21-25

July 21.
314. Council of Trade and Plantations to Governor Montgomerie. Abstract. Acknowledge letters etc. of 22nd May and 21st Dec. Have discoursed with several New York merchants about the trading-house at Oswego, who propose a duty on furs payable at Albany might be a very proper fund for that charge. The Board inclines to a license to be paid by any one who wishes to trade with the Indians, which must be no greater than is required for that service. Are surprized that the Assembly should not contribute cheerfully to the support of this trading house. The Act for laying such a duty must have a suspensory clause. They hope the Assembly in the mean time will continue their present provision for the trading house. They have cancelled all that he has written about the paper currency of New Jersey. It was only an account of the many and cautious provisions for sinking the bills and preventing deficiencies, that they have allowed the Act for creating 40,000l. in paper currency lie by. It is not to be imagined, therefore, that they can give up any one of them. No harm can be done if the bills should be sunk in less time than that allowed by the Act. If, as he mentions, the Assembly refuse to assist at the sinking of these interest bills, as is required by the law, they must be answerable for the consequence. Having therefore often desired that he would propose to the Assembly the passing an act to repeal that for appropriating a part of the interest money paid into the Treasury, etc. to the incidental charges of the Government etc., as the Assembly dont think proper to comply, that have laid this act before H.M. for his disallow- ance etc. Will be cautious how they lay the act last passed for creating 20,000l. more in paper bills before H.M. for his confirmation, considering how ready the Assembly are to break into their own appropriations. [C.O. 5, 1125. pp. 172–176. Printed, N.Y. Col. Doc. V. pp. 922, 923.]
July 22.
315. Council of Trade and Plantations to the Duke of Newcastle. Enclose extract of letter from Governor Hunter, mentioning a memorial transmitted to his Grace for great guns and ordnance stores etc. Conclude: "That settlement being of great consequence, we take leave to remind your Grace thereof" etc. [C.O. 138, 17. pp. 329, 330.]
July 22.
316. Governor Hunter to the Duke of Newcastle. Encloses list of acts passed last session of Assembly. Continues: That for continuing the country's subsistance for the two regiments here for six months longer, that is to say for twelve months from their landing etc. as July 20th. Continues: Burrish with the beef from Ireland arrived two days ago and I have ordered it to be sold at publick out cry as the other provisions have been, and I have ordered the produce to be put into the Receiver General's hands etc. Suggests that it be left there "for a fund for subsistence for the two regiments here in the event which I apprehend of their country's subsistence ceasing" etc. Repeats part of 20th July. PS. Has issued a Commission to his son Charles Hunter to supply a vacancy in his Independent Company. "He is on the half pay list at home and does not want other qualifications." Asks for H.M. confirmation. Signed, Ro. Hunter. Endorsed, R. Dec. 8. 3 pp. Enclosed,
316. i. List of Acts of Jamaica passed 3rd July, 1731. (i) for providing additional subsistance for the two regiments etc. (ii) for rendering the Bait, more serviceable etc. (iii) for vesting the real estate of John Todd, planter in trustees etc. (iv) for vesting the real estate of Elizabeth Doddington decd, in the Churchwardens of Port Royal for performance of her will etc. (v) to confirm the title of Edward Charlton to three parcels of land in St. Jago de la Vega etc. (vi) to continue part of the act for the better suppressing rebellious and runaway negroes etc. 1 p. [C.O. 137, 53. ff. 360–362.]
July 22.
317. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, 18 Acts of the Massachusetts Bay, passed in 1731. (i) impowering Commissioners to determine the bounds of this Province and New Hampshire; (ii) in addition to the Act for settling estates of intestates; (iii) supplementing Act referring to the poor; (iv) regulating the soldiers in H.M. service and in the pay of this Province; (v) to prevent deceit in the gauge of cask; (vi) to prevent frauds in muster-rolls; (vii) to prevent unnecessary law-suits; (viii) for erecting the County of Worcester and estab- lishing Courts of Justice there; (ix) for naturalizing Protestants of foreign nations; (x) in addition to the Act encouraging the killing of wolves; (xi) encouraging the raising the hemp; (xii) empowering Courts to adjourn to other towns in case of small-pox; (xiii) for relief of debtors; (xiv) for dividing the town of Taunton and erecting a new town there by name of Raynham; (xv) for payment of Members of Council and the Representatives from 14th Oct. etc.; (xvi) in addition to Act for ascertaining the number and regulating the House of Representatives; (xvii) for supplying the Treasury with 6000l.; (xviii) in addition to the Act for regulating weights and measures. [C.O. 5, 916. pp. 422–425.]
July 22.
318. Same to Same. Encloses, for his opinion in point of law, act of Antigua, 1730, for the further continuance of John Yeamans as Agent etc. [C.O. 153, 15. p. 110.]
July 25.
St. Johns,
319. Governor Osborn to the Duke of Newcastle. Has little to add to his letter of 25th Sept. last, but what would appear a repetition of it. Continues: — No sooner was I arrived this year at St. Johns but I received a petition from the Justices of the Peace of that district, setting forth the many obstructions they still meet with in their office. Finding this to be the general complaint of all those majestrates in this Island, in several parts of which they are in a manner already rendered useless, transmits copy, with the orders I issued on that occasion etc. With humble submission I presume by that, it will appear to your Grace that the fishing Admirals, influenced by the rest of the masters of the fishing ships, are the oposers of all the steps that have been taken, and tho' I have only reproved them for it; yet I cant help saying they upon all occasions behave themselves very dissrespectfully, and in our absence treat H.M. authority and power with great contempt, and some of them does not scruple to say, that it is their interrest to oppose any form of Government whatever here, that is not established by Parliament, and the reason is, by the Fishing Act, they believe the administration of all affairs is in them, and that they have thereby an unlimited power to do whatever they please, and make use of it to serve any fraudulent purpose in their private ways of trade, a great many of which, they could not so well do, as while the power is in their hands; these are the arguments they make use of, and the real motives of their dissent ions etc. I have since with the humblest submission to H.M. pleasure resined the Government to Capt. Clinton, and made him acquainted with all the steps I have taken etc. Signed, Hen. Osborn. Endorsed, R. 9th Sept. 3 ¾ pp. Enclosed,
319. i. Proclamation by Governor Osborn. St. Johns, 12th June, 1731. Whereas it has been represented to me, that some troublesome ill designing people, who through private and corrupt views, have endeavoured to disturbe the minds of H.M. orderly and well disposed subjects, very much tending to the subversion of all good order and government etc., by throwing scandalous, and seditious reflections upon H.M. authority and power, and particularly touching those Commissions granted by him for the better rule and government of Newfoundland, under false interpriting of the powers granted to the Admirals etc., and have been very industrious to diminish the power and authority of H.M. Justices etc., requires all and singular H.M. subjects to behave themselves with all due respect and obedience to H.M. Civil Government, and the Majestrates thereof etc., and all Justices strictly to execute the laws on such who shall show any contempt to their power and authority etc. Signed, Hen. Osborn. Copy. 3 ¼ pp.
319. ii. Messrs. Weston and Southmayd to Governor Osborn. St. Johns, 10th June, 1731. We have endeavoured to execute the powers granted us as Justices of the Peace, and have lived very quiet and orderly till the arrival of the Fishing Admirals and other masters of ships in the several harbours etc., who have very much contemned, abused and slighted our authority, and that authority from which we received it, and extend the powers given them by the Act of Parliament to all acts of Civil Government, and proceed therein in a very arbeterry manner, insomuch that they have even presumed to create Constables, and issue warrants to those appointed by us in our Quarter Sessions, to the creating great confusion in those officers etc. Pray for a full explanation of said Act etc. Signed, Wm. Weston, A. Southmayd. Copy. 2 ½ pp. [C.O. 194, 24. Nos. 19, 19 i., ii.]