America and West Indies: September 1731, 1-15

Pages 251-266

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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September 1731, 1-15

Sept. 1.
398. Mr. Wheelock to Horatio Walpole. Encloses Mr. Attorney and Solicitor General's report upon the right to lands between the Rivers Kennebeck and St. Crois, upon which, being judged a matter of great consequence as well in regard to H.M. Quit-rents in the Plantations as in other respects etc., my Lords Commissioners will be glad to confer with you, as a Member of the Board, etc. [C.O. 5, 916. p. 432.]
[Sept. 1.] 399. Mr. Ochs and Mr. Stauber to the Council of Trade and Plantations. Return thanks for favourable reception of and offer their final proposals, as suggested by the Board. As to the Board's view that the intended Colony should not be charged with the maintenance of a Governour, submit that the success of the Colony will be chiefly in the conduct of the managers, who will be at great expence in collecting settlers from Germany and Switzerland, providing passages and cattle for them, planting white mulberry trees for silkworms, mills and tools etc. Mr. Stauber has already spent 200l. and two years' time, and will require at least 100l. more to engage and conduct the people for the first time etc. As their Lordships do not incline to grant a certain district of land as was desired etc. the managers therefore humbly desire to be granted the privilege to dispose of all the land that shall be taken up within 10 years from their first arrival at 10l. sterl. pr. 100 acres, more or less according to the quality of the land etc., which sum will be saved to the people in the first year in the passage buying of cattle etc., and that the two managers may be granted a certain quantity of land free for ever from quit-rents etc. "But it is to be hoped that Mr. Bury's proposal is not to be instanced to this Colony for the different situation and labour, and if their Lordships knew his circumstances and conduct they would take no notice thereof." If the Board find it necessary, though nobody would be willing in the interest of the Colony to appoint one of the Managers as Governor, without some appointment, yet one of the Managers, though he would rather be without the trouble, will submit to their proposals and terms etc. The fixing of the quit-rent etc. is submitted to their Lordships' discretion etc. Naturalisation is desired for all Protestants that settle there in general, or for a small charge to have a naturalization granted by the Governor. It is desired that the laws of this Kingdom may be administered in German etc., and to have liberty to make laws and ordinances with the approbation of the Government, like other Colonies. If their Lordships would ordain that all Protestants without distinction of opinion might equally enjoy all priviledges and rights alike, it would much add to the increase of the Colony, which had so great an effect in Pensilvania, that the people resorted thither in much greater numbers. This Colony being an inland country, the inhabitants are obliged to pass through other colonies, as Virginia, Maryland and Pensilvania etc. It is desired that these Provinces may not have power to lay any duty or custom upon their goods passing through their Colonys, nor for the selling of their horses, cattle or production in the sayd Colonys. As the language of this people is German, desire that they should always have in future a Governour appointed to them of the best qualify'd person among them, of which the Assembly to nominate 2, 3 or more persons and the Government to chuse which would be most acceptable thereof etc. As this Colony is to be a new Province under the Government of the Crown, it is humbly presumed that the Commission, Patent and required instruments will be delivered without charge, which their Lordships are desired to procure with as much expedition as possible. Endorsed, Recd. 1st, Read 21st Sept., 1731. 3 pp. [C.O. 5, 1322. ff. 175–176v.]
Sept. 1.
400. Mr. Wheelock to Mr. Carkesse. Governor Worseley having acquainted my Lords Commissioners (20th Nov. 1730), that a merchant of Barbados sent thence to Sta. Lucia English carpenters with ironwork, plank, masts, sails, cordage and all necessaries for building and fitting a ship to sea, the timber only excepted; and afterwards made application to him to register her, which he refused; and that he has since heard, application has been made to the Commissrs of H.M. Customs in London upon that subject, etc., enquires whether any such application has been made, and what has been done therein. [C.O. 29, 15. p. 232.]
Sept. 1.
401. Same to Humphry Morice, Micajah Perry and Richard Harris. My Lords Commissioners desire you, or any other of the Gentlemen concerned in the petition relating to the recovery of debts and the partiality of some duties in the Colonies and Plantations etc., will lay before the Board by the first opportunity as particular an account as may be of the facts complain'd of, as likewise of the several acts and the Colonys where the same have been pass'd, whereby the Plantations favour them selves in prejudice of this Kingdom, and so soon as their Lordships shall have perused the same, and compared them with the acts and papers in their office, on that subject, they will appoint a day for hearing the petitioners in order to their relief. [C.O. 324, 11. pp. 246, 247.]
Sept. 2.
402. N. Kay to the Council of Trade and Plantations. I had some years since your commands etc. to send any laws made in this Government that might be prejudiciall to great Brittain. In pursuance of which I have from time to time sent the acts made for the emitting bills of creditt, upon land securitie, which amount to more than 120,000l. now standing out: and notwithstanding H.M. commands to other Governments, not to issue out any such bills; this colony in their last General Assembly hath passed an act for emitting 60,000l., upon land securitie, to be lett out at interest; and tho' the present Governour, the Honourble. Joseph Jenks Esqr., would not give his sanction to itt. Which being so great a grievance; the best of H.M. good subjects here have presumed to petition his royall and sacred person; and our Governour resenting the indignitie offer'd to him, hath made his Address to the King etc. All the papers proving these matters of fact are sent to Mr. Thomas Sandford, a very worthy gentleman and mercht. of London, and will be laid before your honourable Board etc. Signed, Nathl. Kay. Endorsed, Recd. (from Mr. Sandford) 9th, Read 12th Nov., 1731. Holograph. 2 pp. Enclosed,
402. i. Petition of several inhabitants of Rhode Island to the Council of Trade and Plantations. Rhode Island in New England, 30th Aug., 1731. We having presented a memorial at the last sessions of our General Assembly to prevent the emitting of more bills of credit, to be let out at interest upon land security; and having no redress from that honoble. body; but on the contrary another publick act made by them for emitting 60,000l., have presumed by the hands of Mr. Sandford etc. to lay before your Lordships our memorial presented to the General Assembly; after their reading of which, and hearing our Councils arguments thereon, they made the said act, and have emitted the money without the assent of the Governr., who hath now address'd himself to our gracious Sovereign Lord the King in a letter enclos'd with our papers to Mr. Sandford, etc. After we had taken out copies of our memorial etc., and of the said act, with the Governor's dissent thereunto, which was given us by the Secretary with proper attestations. The Deputy Govr. John Wanton Esq. hearing of these proceedings, immediately summon'd in the General Assembly; which the Govr. wou'd not do: and the said Assembly took away ail our attested copies before mention'd, made an addition to their act, and order'd our memorial to be dismist in this tome and tatter'd manner, which are humbly concieving to be exceeding injorious to H.M. faithfull and loyal subjects, and presuming upon your Lordships' patronage, Have made our most humble and most dutiful petition to our gracious Sovereign and praying your Lordships favour for Mr. Sandford's access, and having no other view, but what is sett forth in our humble memorial: If any objections be made against it; we humbly pray for a favourable hearing, that we may approve ourselves. Signed, Nathl. Kay, John Brown jr., and 17 others. Endorsed as preceding. 3 pp.
402. ii. Act of Rhode Island for emitting 60,000l. in bills of of credit. June, 1731. The act concludes: Major Thomas Fry and Capt. Benjamin Ellery protest against the aforesaid act etc. as being an infringement on the King's prerogative. Copy, examined by R. Ward, Secry. Same endorsement. 5½ pp.
402. iii. An additional act of Assembly of Rhode Island, Newport. 3rd Aug., 1731. This Assembly having considered an addition at the foot of the act of Assembly made and past on the 14th June, 1731, for emitting 60,000l. etc., entred in these words, his Honr. ye Govr. dissents from ye said vote, Do declare the same to be no part of sd. act of Assembly and that said act be noways encumbred thereby, but that the said dissent be deemed null and void for the following reasons:—(i) For that the said act was made and past at the sessions began on 14th June 1731, and continued till 24th June and no longer as may appear by the records etc. and that during said time the Genl. Assembly were not apprised or knowing of any dissent but caused said act to be published and the same has taken effect and proceedings have been made thereon accordingly, (ii) For that it appears said dissent was given in to the Secry. and entred on the 25th June, which was one day after the rising of sd. Genl. Assembly, which is conceived inconsistant with all rule and methods of proceeding it not being in the power of the Legislative authority to act except when duly conveen'd much less for any single member to incumber any act by dissenting or protesting after the rising of the Court, (iii) For that it is not clear what vote sd. dissent referred to there being many votes preceeding the same, (iv) For that the aforesaid post entry of sd. dissent depriv'd the Genl. Assembly of the benefit of considering the consequence thereof. Copy. Signed and endorsed as preceding. 1½ pp. [C.O. 5, 1268. ff. 21–23v., 24v., 26–28v., 29v.–30v., 33v.]
Sept. 4. 403. Certificate re lands in Carolina to same effect as 17 July supra, no. 305. Signed, Henry Bertie. Endorsed, as July 17. ½ p. [C.O. 5, 362. ff 32, 85v.]
Sept. 4.
404. Governor Burrington to the Council of Trade and Plantations. Abstract. Refers to letter of 1st July. In spite of opposition in the House of Burgesses, spirited up by some of the Council, he has kept the country in perfect peace, and entirely stopped the riots which used to be so frequent. The rioters were headed by Edmond Porter, Judge of the Admiralty, a man of so infamous a character that it would be for H.M. service if he were removed from the Council. Mr. Smith, late Chief Justice, has secretly left for England, promising to obtain the removal of the Governor etc. He has left with the character of a silly rash boy, a busy fool and egregious sot. He is, besides, an ungratefull perfidious scoundrel, and as much wanting in truth as in understanding etc. Owing to his absence and that of other Councillors, he has had difficulty about holding a General Court and Court of Admiralty, besides a dispute with Mr. Smith about the Governor's power to fill vacancies in the Council. Recommends Mr. Lovick for the Council, against whom neither Sir Richard Everard nor Porter had the least evidence to support their complaints. "We expect our Indians will be attackt by those of S. Carolina etc. The Five Nations are in alliance with ours, and have promised to assist them with 1000 men, part of which are already come into this Province." Has sworn Mr. Lovick as a Councillor, and also Edmond Gale, and appointed John Palin Chief Justice. Believes Mr. Porter will trouble the Board with his reasons against his appointing Councillors, of which he encloses a copy and answers. Porter is a man of infamous character etc. A new Assembly is to meet in November, but no good can be done until H.M. pleasure is known upon the pretended laws of 1729, after H.M. purchase was completed, and as to quit-rents etc., and officers' fees being paid in proclamation or bills as rated by the Assembly. Proposes to prorogue the Assembly until instructed on these points. Refers to former remarks on Act relating to escheated lands. Has refused to grant patents for such lands, as he finds that law not consistent with his 43rd Instruction. Gives further reasons against the Act for biennial Assemblies, and proposes to alter the present distribution of seats, settled by that act, which also allows all freemen to vote for burgesses, contrary to his 12th Instruction that none but freeholders be admitted to vote, which has occasioned a great deal of heat among the people. Hopes the Act will be repealed. Awaits the arrival of an Auditor before sending public accounts, very little money having as yet been received or paid, and there being no Auditor, Receiver General or public Treasurer. A multiplicity of business and a dangerous sickness have hitherto prevented him from surveying the harbours in accordance with his 100th Instruction. It will be a work of some difficulty and expence. The inhabitants declare very much against fortifications, but as there are three harbours capable of receiving large ships, some must be erected. Will report thereon before Christmas. Gives an account of the value and currency of the bills of credit, A pistole is not to be purchased under eight pounds in bills. English goods sell from 15 to 20 in bills above their cost price in England, but if the bills are allowed by H.M. to be current, believes they will soon come to the value they are rated, which is four for one in Proclamation money. Mr. Moseley was much concerned with Sir R. Everard in taking up lands. When the enquiry into the complaints against Sir Richard were begun in Council Mr. Smith, Mr. Porter and Mr. Ashe succeeded in stopping it. Has had information of malpractices by Mr. Moseley and his deputies in returning to the Secretary's office imaginary surveys, by which his relations hold great quantities of land more than are specified in their patents. Explains his own purchase of some lands which he is assured will be the subject of complaint against him. He heard that Indians took up ore on those lands of which they made bullets. He gave more for them than they are judged to be worth. They are 100 miles above the falls of Cape Fear River. The greater part he bought of Moseley, the great landjobber of this country, who has still 20,000 acres to sell when he can find purchasers. Gives a state of the Councill and proposes persons for vacancies. Some of the owners of lands gained by the new boundary with Virginia refuse to take out patents for them, on which he desires instructions. Will send an account of the Militia, and of improvements that may be made in the county, which entirely depends upon the quit-rents that are to be paid for lands to be taken up, and opening a port on Ocacock Island etc. Many people have come into the country to settle lately; more are coming from neighbouring colonies, notwithstanding there is but one entry for taking up land, neither has the person who made the entry gone on with the survey by reason of the quit- rent etc. "When I undertook the settlement of the Southern part of this Province (with consent of the Proprietors' Council) warrants were given to people that were disposed to settle there, by which inducement a great many people did then seat lands in that uninhabited country and have not since had patents. I think it will be hard upon these people to be removed, many of them would be ruined. I pray your Lordships' directions in this tender affair. Printed, N.C. Col. Rec. iii, 202. Signed, G. Burrington. Endorsed, Recd. 16th Nov., 1731, Read 16th June, 1732. 16 pp. Enclosed,
404. i. Opinion of E. Porter in humble manner to H.E. 27th July, 1731. There being seven members of Council in the Province, thinks no other can be admitted to Council until H.M. pleasure be known. Signed, E. Smith. Endorsed as preceding. Holograph.
404. ii. Mr. Byrd to Governor Burrington. Virginia. 20th July, 1731. Acknowledges letter. Continues: I think etc. that country will cost a pretty deal of trouble to bring it into order, and a less spirit than yours will never be able to affect it, people accustomed to live without law or gospel will with great reluctance submitt to either. It must be owned North Carolina is a very happy country where people may live with least labour that they can in any part of the world, and if the lower parts are moist, and consequently a little unwholesome, everywhere above Chowan, as far as I have seen, people may live both in health and plenty etc. I should be very glad to follow so good a pattern as yours, to make such distant lands proffitable in my time. It is true the soil is good etc., but trans- porting the fruits of our labour to a markett makes all the difficulty etc. Enquires as to terms of settlement etc. and how a highland territory can be made immediately profitable etc. Wishes him success in reducing that anarchy into a regular Government etc. Concludes:—I'm informed there is a subscription in England for setling an hundred familys of poor debtors on Savana River, which I fear will prove a grave for them. They had better send them to North Carolina. Signed, W. Byrd. Copy. "I sent the original to the Speaker of the House of Commons" etc. Signed, G. Burrington. Endorsed as preceding. 1 p. [C.O. 5, 294. ff. 1–12v. (with abstract)]; and (abstract only, with marginal notes for reply) 5, 327. pp. 18–26.]
Sept. 4.
405. Mr. Carkesse to Mr. Popple. In reply to 1st Sept., encloses following opinion, which was taken and laid before the Board in Aug., 1730 by some merchts. of this City, upon which they sent a copy to their Offrs. in Barbadoes for their Governmt. Signed, Cha. Carkesse. Endorsed, Recd. 7th, Read 22nd Sept., 1731. 1 p. Enclosed,
405. i. Opinion of Attorney General, 3rd Aug. 1730, upon question of registering a vessel built at St. Lucia by a merchant of Barbados etc. St. Lucia being expressly within the Commission granted by H.M. to the Govr. Barbadoes, I think that alone, without entring into a nice enquiry concerning the property or possession of the island, is sufficient to entitle an English merchant, who hath caused a ship to be built there at his own expence with timber of the growth of that place to have his ship registred either in Barbadoes or in England. Signed, P. Yorke. Copy. 1 p. [C.O. 28, 22, ff. 95, 96, 98v.]
Sept. 8.
406. Lt. Governor Gooch to the Council of Trade and Plantations. Having seen the bill which passed the House of Commons the last sessions, a bill for the better secureing and encourageing the trade of H.M. Sugar Plantations, and the vote wherein it was resolved to address H.M., that the Lords of Trade etc., I did presume to think, notwithstanding the great variety of pamphlets published on the subject, something might be said from the Southern part of the Continent that would be acceptable to your Lordships etc. The main scope of this bill, as appears by the preamble, is to prohibit all trade from H.M. Plantations on the Continent of America to any of the foreign Sugar Islands, and this in order to promote the welfare and prosperity of H.M. own Sugar Islands. If this could be accomplished without notable prejudice to the other Plantations at least equally valuable, and of as much consequence and importance to the Navigation, strength and wealth of Great Britain no man would envy the Sugar Colonies any benefits which the indulgence of their Sovereign, or the benevolence of a British Parliament should think proper to conferr: But if the prohibition desired shal appear manifestly injurious to the Provinces on the Continent, who may humbly hope for an equal share of the affections of their Mother Country, it may be expected that all measures will be discouraged which tend to raise the grandeur of one part of H.M. Plantations upon the ruin of the other. The commoditys with which the Plantations on the Continent supply the Sugar Islands are flower, bisket, beef, pork, fish, staves, heading and all kinds of lumber: in return of which the Continent receive chiefly, sugar melasses and rum. And it must be observed that as the Sugar Colonys could not subsist without such supplies from the Continent, so are they generally so great plenty, that they often spare of these provisions to the French and Dutch, the merchants of Barbados and the Leeward Islands being the first that taught the people of the Continent to find out a market in the foreign Islands for those superfluous commoditys our own could not consume, In like manner when the crops in our Sugar Plantations have happened to miscarry, as they frequently do through great droughts or hurricanes, the same merchants thought it no way inconsistent with the interest of their own sugar colonys to purchase from their foreign neighbours the commoditys necessary for the people on the Continent, and even to furnish the British markets with the same. The plenty of all kind of provisions with which the Plantations on the Continent abound being more than sufficient to supply the Sugar Islands, it seems, not a little hard, to prohibit them from seeking a market where they can find one: But it will appear very impolitic to cramp their industry by the prohibition proposed, for the following reasons: First, most of the Northern Colonys have scarce any other way of making remittances to Great Britain than by the provision and lumber they export to the West Indies, and the sugar they ship there for England to purchase such necessaries as they want from thence: and whether these returns be made in sugars of the product of H.M. islands or of those of foreigners, Great Brittain is still the mart for both, and the returns the Continent receive are in British manufactures. But if they can find no other vent for their provisions and lumber than what H.M. Sugar Islands afford, the remittances for Britain, and their consumption of British manufactures must be proportionable diminished, and the people forced by necessity to apply themselves to manufactures of their own to make up that deficiency. Secondly, as the French sugars and melasses are purchased commonly at half the price the like commoditys bear in the British Islands, it is with the former that the Northern parts of the Continent are chiefly supplied for their own consumption: and it needs no art to demonstrate that by this means the exports of the French Plantations to the European markets are much lessened, and that of the British Sugar Colonys not decreased, since all their produce which is not taken off by the Plantations must be carried to the British markets. Thirdly, this prohibition may often prove of ill consequence to the trade of Great Britain, as well as a detriment to the Plantations on the Continent: for since it frequently happens that the crops in the British Sugar Islands fail, as it is probable they will this year in particular, by the unseasonableness of the weather, it would not only be highly injurious to the Continent to deny them the liberty of supplying yourselves elsewhere, but it will also deprive them of the means of furnishing the British markets with foreign sugars, thereby still making Britain the general staple for the sugar trade, which otherwise upon any such accident must be transfer'd to another Nation. Fourthly, as the prohibition seems chiefly calculated to give the Sugar Islands an advantage over the rest of H.M. Plantations, in obliging the people on the Continent to sell their commoditys and take sugar melosses and rum at what price the West Indians think fit; it may not be amiss to consider the great disadvantages the inhabitants on the Continent already ly under with respect to their trade to the Sugar Islands, as thus. Very often their provisions yield little more than the first cost: that the charge for cask for rum and melasses, the commissions for storage and factorage, with the expence of the masters of the vessels trading thither, who have an extraordinary allowance over and above their pay, eats out the greatest part of the profits of the most prosperous voyages. Another very great advantage the Sugar Colonys have in trade is, that all the necessaries they want are brought to their doors without any risque to them, whilst the people on the Continent are forced to run the hazard outward and homeward, and that a great part of the commoditys purchased in the Sugar Islands for the Continent is with Bills of Exchange payable in Great Britain. Whereas on the other hand no instance can be given of any such payments for commoditys carried to the West India market. One would imagine that these advantages in trade, together with the benefit of their situation, which saves them the expence of cloathing their slaves, and is so great a charge to the Provinces on the Continent, might well serve to content these Gentlemen, without asking further advantages over their fellow-subjects. However, let us now turn our thoughts to the effect this prohibition in all likelihood will produce. And it frequently happens that the pit the mischievous man digs, he fals into himself. Now tho' it must be confessed that the Provinces on the Continent through long usage can ill bear a total privation of rum, one of the principal commoditys with which they are furnished from the Sugar Islands, yet it is very evident they can easily provide themselves with spirits of equal goodness, whenever the people shal think fit to apply their industry that way. The more Northern Colonys are already so well improved in husbandry that they make malt liquor little inferiour to any in England: and if the people of Virginia and Maryland should be forced by necessity, or disposed by choice to sett apart some of their best land, which they now solely employ in the production of tobacco, for sowing of barley, it is certain they might be as well supplied with malt liquor as any country in H.M. Dominions; and so also might the Province of Carolina, where there is much good land proper for that grain; so that there is no family in either of these Provinces, but what may furnish themselves with much cheaper and more wholesome liquor, than any they can be provided with from the West Indies; and if their servants or slaves require the more spirituous liquor, there will be found little difference Malt spirits which may be made in plenty, and the rum of the West Indies now so highly prized, unless it be in the cleanliness of the materials of the first, compared with the nastiness of the last. Add to this the great quantitys of cider with which all the Colonys on the Continent abound, and they afford a sufficient fund to supply themselves with that kind of brandy, which, if well distilled, doth far exceed any rum the Sugar Islands have yet produced. Then as to the melasses, which in New England and the other Northern Colonys is only employed for distillation, and in the Southern Colonys on the Continent for brewing beer, there would be no manner of need of it for either of these uses, and thus the disadvantages the prohibition would bring the people of the Continent under, will very quickly fall upon the contrivers of it. They might then keep their rum and melasses to them- selves, and be forced to send for their provisions and lumber at their own risque, and pay such price as those who will furnish them think fit to impose. Whereas, would they be content to enjoy the trade as it is now carried on, the people on the Continent would still be willing to take off their commoditys as they have hitherto done, tho' under very apparent inequality in all the branches of the trade between them. As to sugar it must be acknowledged that the Plantations on the Continent can hardly subsist without it, but then the people are not ignorant that it may be had as cheap from England as from the place of its manufacture, allowing for the Plantation duty paid upon the exportation of sugar from the West Indies to other Colonys, and the drawback upon its exportation from Great Britain. But admitting that the British Sugar Islands and the Continent should mutually engage to carry on the projected trade, and should be able to subsist without foreign help, how are the gentlemen of our Islands sure that this prohibition will diminish the trade of the foreign Colonys: Have not the French new settlements going on both at the mouth of the Messisippi, and at Cape Breton sufficient to furnish their sugar settlements with lumber for cask, and with the ordinary application of that Nation may be able in a few years to furnish them with bread and other provisions; and if they want vessels for transportation, they may be supplied by the present owners of ships in New England, Rhode Island and Bermudas now the common carryers between the West Indies and the Continent, who would then have nothing else to do but to sell their vessels, unless they charitably delivered them up to their discarded mariners to seek their fortunes in the way of piracy, since 'tis morally impossible that such a number of stout fellows as are now employed in that trade, can content ymselves to starve on shore. The Dutch indeed they have no settlements on the Continent to support their sugar plantations, but 'tis not to be imagined that they will desert them, if the West Indian gentlemen should prevail in their pursuit: for since it is well known the Dutch can afford without one stick of timber of their own growth to build ships much cheaper than their neighbours, it will be no great difficulty for them to find cash for their own sugar, without being beholden to the British Plantations; nor will they be under much greater difficulty to transport thither provisions, such as their settlements stand in need of, from Europe, when it is considered how many ships of force and great burthen they send annually to trade on the Spanish coast, which, besides their ordinary cargos, can stow each a large quantity both of staves and provisions, and deliver the same at Surinam and Curasso, where they generally touch without any considerable interruption to their principal voyage. Hence I think it appears that neither French nor Dutch will be much embarrassed by the prohibition of provisions or lumber; and as for horses, it will be found, upon a more strict scrutiny, that the number and value of them is so very small, that it was not worth while to mention them for any other reason than to shew that an horse is a creature which may be employed to turn a sugar mill on occasion, as well as to carry an officer out of the way of his duty, whilst an interloper is loading goods prohibited by the ordinances of the port, as most of the horse of any value carryed to the foreign islands are designed. Seeing therefore that this prohibition can have no other influence upon the foreign Sugar Islands, than to quicken their diligence in improving their settlements so as to want no supplies from us; that it plainly tends to the increasing of the foreign Navigation, and at the same time lessens that of H.M. subjects; that whatever specious pretences may have been used to induce the Honourable House of Commons to the passing of the bill, yet that the true design is to entail lasting disadvantages on H.M. subjects on the Continent, by obliging them to sell their commoditys to the West Indies at what price those people are pleased to give, and to receive payment at an advance on the goods they have in return, it will be no new thing if the inhabitants on the Continent get from under the load as soon as they can etc. To conclude, it is evident that for so much foreign sugars as shal be taken off by H.M. subjects on the Continent, whether the same be expended amongst themselves or carried to Great Britain, so much less of that commodity will be exported from these foreign colonys to Europe, where it is the interest of England to keep the markets under its own power; and since it cannot be denied but that if Great Britain could engross all the sugar made in America, it would be of great advantage to the general trade of the Nation, I humbly offer to your Lordships' consideration, whether in the stead of this prohibiting bill, another might not be brought in, whereby all H.M. subjects may be permitted to carry to the foreign settlements all such commoditys as are not forbid by law to be exported thither; that, continuing still the same restriction against the importation of goods of the growth, production or manufacture of Europe, all such enumerated commoditys as shall be laden at those foreign Plantations, shal be brought from thence directly to Great Britain, or some of H.M. Plantations under the severest penaltys; and that if any of the said commoditys are to be again exported, the same shal be under the like bonds and restrictions as the commoditys of the growth of H.M. Plantations now are. Such an act would employ a great number of people on the Continent. It will enlarge the importation of sugars into Great Britain, and lessen that of our rival neighbours, besides many other advantages etc. Signed, William Gooch. Endorsed, Recd. 10th Nov., Read 7th Dec, 1731. Holograph. 7 pp. [C.O. 5, 1322. ff. 187–190, 191v.]
Sept. 9.
407. Certificate by H.M. Remembrancer that Lt. Gov. Ogle has given security etc. Signed, James Pearse. Endorsed, Recd. 9th Sept., Read 27th Oct., 1731. ½ p. [C.O. 5, 1268. ff. 20, 20v.]
Sept. 11.
New York.
408. Rip Van Dam, President of the Council of New York to the Duke of Newcastle. Abstract. Refers to letter of 1st July. He thought it necessary to summon to the Assembly in order to get a supply for the trading house at Oswego, the building of a new fort at Albany and the renewal of the Militia Act and an Act for farming the excise, both of which were about to expire. They are still sitting and have taken into consideration the supply of Oswego, but have referred the building of the fort till another Sessions, the small pox raging, especially in this City, so that many Members are absent. Encloses his speech and votes of Assembly etc. Signed, Rip Van Dam. Endorsed, R. 3rd. 1¾ pp. Enclosed,
408. i. Journal of Assembly of New York, Aug. 25th-28th, 1731. Printed. 4 pp. [C.O. 5, 1093. ff. 168, 168v, 169v–171v.; and (duplicate of covering letter, endorsed, R. Jan. 5th) 172, 173v.]
Sept. 11.
New York.
409. President Van Dam to the Council of Trade and Plantations. To same effect as preceding. Set out, N.Y. Col. Doc. V, 924. Signed, Rip Van Dam. Endorsed, Recd. 5th Nov., 1731, Read 17th May, 1732. 1 p. Enclosed,
409. i. Duplicate of preceding enclosure. [C.O. 5, 1056. ff. 3, 4v., 7–8v.]
Sept. 11.
410. Lt. Governor Dunbar to Mr. Popple. Encloses receipt for letters sent on 23rd Aug. Has waited in hopes of farther orders from England and of seeing Governor Belcher, "tho' the people at the new settlemts. are at a stand and idle for want of me, and great numbers there waiting for me that have no beginning to work upon" etc. Will now sail at once. Encloses one of Govr. Belcher's lett passes, the fee whereof is but one shilling sterl., as he fancies it would hardly be credited that he would send such from another province, " the filling up is with the hand of H.E.'s Naval Officer, pray observe it." Continues: The new Collector therein named [Richard Wibird] had a seizure made in his own warehouse of tobacco illegally imported here, the Depty. Collr. from home made the seizure, and of the vessel that imported it. After him the new Collector seized and marked his own tobacco and vessel, and some other vessels haveing been seized here by order of Governour Belcher for omitting some little ceremonys with his new officers, the Judge of Vice Admiralty with the Advocate General, and other Officers of ye Court came hither from Boston, and held Courts on the 9th and 10th inst. Each of said Collectors exhibited their libels, the old Collector against the vessel and tobacco, but the Judge, who is Mr. Belcher's brother by marriage, dismissed it and decreed costs of Court against him, the new Collector dropt his seizure of his own vessel, and disowned ye tobacco, wch. was thereupon condemned. I was all the time in Court and was provoked to see such partiallity and thereupon desird the trial might be adjourned to yesterday morning with intent to get ye names of ye wittnesses from the old Collector, which he readily gave me, but they were secretted away, and when I complained in ye Court of the injustice done to H.M. thereby, the Judge in open Court told me I came in there as an informer, and harrangued the Court with telling them with a high voice that as Surveyor of the Woods I putt the poor people in terrors by seizures of their trees and logs, all I could say to him availed nothing. I have often complained of him to no purpose, besides his very great age (now 79 years) he has allways been an unmannerly brutish man, notwithstanding which I should have committed him for his insult and treatment of me but in respect to my Lds. of the Admiralty whose officer he is; By the 46th Instruction to Govr. Shute and 56th to the late Govr. Barnet, they were directed not to admit any officer to act until they had quallifyed themselves by takeing the oaths required by law, upon which, and not knowing Mr. Belcher's Instruction upon that head, I produced the two original beforementiond Instructions in Court and thereupon delivered to the Court a paper etc., copy enclosed. The Judge read it and was outragious calling it an odd, turbulent paper. I desired the Advocate's opinion of it, wch. he refused, but another lawyer told me ye quallification therein mentioned was absolutely necessary in this Province. Notwithstanding all this, he made decrees and went away wth. his officers to Boston, boasting how he had used me; a Leiut. Governour under my present circumstances, as to power is a needless officer lyable to affronts without remedy here, one instance at this time of it is an order lately sent by the Govr. to a Capt. of a troop of militia to meet H.E. with his troops on the lines between the two Provinces next week without takeing any notice of me. I am sensible I am under some obligations of corresponding with the Comrs. of the Customes, but as I do not know in what manner for want of Instructions, I beg to be excused to them. I send you a copy of a comn. to a new officer Mr. Belcher has made here. It may be presumed that he will soon appoint Commissioners of Customes, since he has begun to make officers that none such were ever here before, this Comptroller is son to the new Collector, another son is Deputy Naval Officer, and all concerned in one shop, ships and warehouses. Lett me desire the favour Sir, that a copy of this may be layd before my Lords Commrs. of the Admiralty. My brother will do it if you permit him, and if any part is requisite for the Commissioners of the Customes, I beg the same favour etc. P.S. I told you that Governour Belcher would not permit the Lt. Govr. of the Masachusets to sitt in Council with him. Here the Lt. Govrs. allways sat at table and were Councillours by particular mandamus to each, and as I have none such, if the Govr. does not except against my sitting in Council, I must sitt mute there, not having any right to open my mouth, but my goeing to Fredericksfort will prevent all disputes until I hear from you. It is now Sunday morning the 12th of 7ber. Since yesterday I have been told by several people that Mr. Belcher's friends re Joyce openly at the treatment I met with from the old Judge of the Admiralty, but if he had sayd or done more I had no remedy, all officers and majestrates here refuseing any obedience but to the chief Governour's orders. I had a late instance of this from one of the Sheriffs, who refused to obey my warrant to search for the tobacco beforementioned; surely the Commissioners of the Customes will take some method to prevent such abuses, and not trust shopkeepers and merchants wth. the care of the customes abroad. The Advocate General has given me his opinion that the words absence and return in the clause of Belcher's Comn. etc. must be expounded a personal departure from or a personal presence in the Province etc. Awaits determination from home etc. Signed, David Dunbar. Endorsed, Recd. 1st, Read 10th Nov., 1731. 6 pp. Enclosed,
410. i. Warrant by Governor Belcher's Warrant appointing Richard Wibird jr., Comptroller of H.M. Customs in the County of York and Port of Newbury, N.H., 30th Aug., 1731. Signed, J. Belcher. Endorsed as preceding. Copy. 1½ pp. Overleaf,
410. ii. Extract from Governour's Commission impowering him to appoint a Collector only, in case of death or absence of the Surveyor General of Customs. ½ p.
410. iii. Receipt for pacquets from Lt. Govr. to Mr. Popple, Lord Harrington, Charles Delafaye and Martin Bladen, etc. Aug. 23, 1731. Signed, Richard Stephens. ½ p.
410. iv. Pass for a vessel to pass. Fort William and Mary. 27th Aug., 1731. Blank form. Signed, J. Belcher. Slip.
410. v. Paper delivered to the Court of Admiralty by Lt. Governor Dunbar. Portsmouth. 10th Sept., 1731. Whereas a Court of Vice-Admiralty was yesterday held in this town, which proceeded upon the tryal of several cases without any commission being proclaimed or registred within this Province by the Judge and some other officers of the Court or without taking the oaths required by law etc., I desire the opinion of the said Court or of H.M. Advocate General, how far it was necessary that the said Commissions should be read or entered and the oaths taken as above. Signed, David Dunbar, Lt. Gov. Endorsed as covering letter. Copy, certified by, John Boydell, Regr. 1 p. [C.O. 5, 873. ff. 248–250v., 251v.–254v.]
Sept. 15.
411. Richard Partridge, Agent for New Jersey, to the Duke of Newcastle. Encloses following and prays that a separate Governor may be appointed for New Jersey. Signed, Richd. Partridge. 1 p. Enclosed,
411. i. Copy of Address of Council of New Jersey, July 18, 1731. v. supra. 19th July. [C.O. 5, 983. ff. 29, 30–32.]