America and West Indies: October 1731, 16-31

Pages 298-308

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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October 1731, 16-30

Oct. 20. 440. Memorial of loss and damage (1083l. 15s. 3d.) sustained by Bryan Blundell, of Leverpoole, and others, owners of the Mary snow, taken in Oct., 1730, by a Spanish privateer in her passage from Liverpool to Jamaica. Deposition, signed, Cha. Pole, of London, merchant. 1 p. Enclosed,
440. i.–ix. Invoice, depositions and correspondence relating to foregoing. Copies. 12 pp. [C.O. 388, 93. Nos. 20, 20 i–ix.]
Oct. 21.
441. Mr. Popple to Jeremy Dunbar. Requests an account in writing of any laws made, manufactures set up, or trade carried on in any part of America where you have been which may affect the trade, navigation and manufactures of this Kingdom, and upon this subject my Lords would be glad of speaking with you. [C.O. 324, 11. p. 248.]
[Oct. 22]. 442. Some reasons showing the necessity and reasonableness of removing Wavell Smith Esq. from being a Member of Council in St. Christophers, according to the petition of Thomas Beake, Agent for the Island etc. Endorsed, Recd, (from Mr. Sharpe) 22nd Oct., 1731, Read 18th Sept. 1735. 6 pp. [C.O. 152, 21. ff. 170–172v., 173v.]
Oct. 22. 443. Mr. Fane to the Council of Trade and Plantations. Report upon Act of Antigua, 1731, to enable Robert Oliver to confirm the title of lands by him sold to Lt. Gov. Byam etc. Recites Act. Concludes: I am numbly of opinion that your Lordships may advise H.M. to approve thereof, as there is no prejudice done to the issue intail, but an adequate provision made for his right and in such a manner as is most for the service of this family. Signed, Fran. Fane. Endorsed, Recd. 25th Oct., 1731, Read 4th April, 1732. 7½pp. [C.O. 152, 19. ff. 113–116v., 118v.]
Oct. 23.
444. J. Benson to the Council of Trade and Plantations. Encloses following, from the Admiral of the fishing ships at Placentia, which could not be delivered to the Commodore, because the fishery was not closed before his departure thence etc. Signed, Jon. Benson. Endorsed, Recd. 27th Oct., 1731, Read 9th March, 1731/2. Addressed. Postmark. 1 p. Enclosed,
444. i. Scheme of the Fishery at Placentia for 1731. Signed, James Chappell, Admll. Placentia, 11th Sept. 1731. 1¾ pp. [C.O. 194, 9. ff. 138–139v.]
Oct. 24.
445. Extract of letter from Major Doyle to Brigadier Jones. There has been a rich Spanish ship lately cast away near Spanish Town, which I greatly apprehend will give us considerable trouble, if not worse; It seems the inhabitants of the island, instead of assisting, have plundered the sd. ship and killed several of their men, most barbarously, which has so inraged the Spaniards, that they will not be satisfied, but in the destruction of the whole island. The man of war stationed here, is ordered by the Commander in Chief to go to their assistance, and three days past I received enclosed letter etc. Continues: How it will end, we cannot even guess as yet, but I perceive that the governing part of this Island do not care to be at the expence of putting in provisions for a time, and hazarding their sloop, which if lost would cost them 500l.; These apprehensions of theirs may possibly save us the trouble of a voyage, which I confess I should not be sorry for, but be it as it may we shall be ready whenever called upon. Copy. 1 p. Enclosed,
445. i. Michael Smith, President of Nevis, to Major Doyle, Nevis, Oct. 19, 1731. Receiving an account that some Spanish sloops have in a hostile manner made an attempt to land on H.M. Island of Spanish Town, to the great terror of the inhabitants there who have made all the defence in their power; but fearing a second attempt have applyed to me by their Lt. Govr. Coll. Phipps for releif, have accordingly given directions to President Estridge that a sloop be forthwith impresse'd, as it is for H.M. immediate service to take on board a Company of H.M. troops under your command etc., with as many of the inhabitants under the command of Militia Officers as are willing to go, in order to give those H.M. subjects all releif possible etc., who are to join Capt. Baker, H.M.S. Seahorse for that purpose. Signed, Michael Smith. Copy. 1 p.
445. ii. Major Doyle to President Smith. St. Christophers. Oct. 20, 1731. In obedience to preceding, has 30 men with officers ready. "As soon as Mr. President Estredge shall inform me that a sloop is ready, provisions, ammunition etc. provided on board etc. they shall forthwith embark" etc. The Counsell and Assembly are to meet to-morrow at Sandy Point, where I will wait upon the President to know when and where we are to proceed, etc. Copy. 1 p. [C.O. 152, 43. ff. 153, 155, 157.]
Oct. 25.
446. Council of Trade and Plantations to the Duke of Newcastle. Enclose extract of Governor Worsley's letter 27th June 1731, relating to the English and French families on Sta. Lucia, Dominico and St. Vincent's, and the designs of the French in those parts, to be laid before the King. [C.O. 29, 15. p. 238.]
Oct. 26.
447. Mr. Popple to Mr. Burchett. Encloses case and appeal from Vice-Admiralty Court at Boston received from Col. Dunbar. Continues: My Lords Commissioners request that the Lords Commissioners of the Admiralty will give directions for prosecuting the appeal, which is the more necessary since by accts. from New England great waste and abuses continue still to be committed in H.M. woods in those parts. [C.O. 5, 916. p. 433.]
Oct. 26. 448. Mr. Fane to the Council of Trade and Plantations. Has no objection to 18 Acts of the Massachusets Bay, 1731. Signed, Fran. Fane. Endorsed, Recd. 27th Oct., Read 11th Nov., 1731. 3 pp. [C.O. 5, 873. ff. 255–256v.]
Oct. 26. 449. Mr. Fane to the Council of Trade and Plantations. Has no objection to 9 acts of the Massachusets Bay, 1728, 1729. Signed, Fran. Fane. Endorsed, Recd. 27th Oct., 1731. N.B. These acts were referred by Order in Council. 1½ pp. [C.O. 5, 876. ff. 3, 3v, 4v.]
Oct. 26. 450. Thomas Lowndes to Mr. Popple. Encloses following from the Chief Justice of S. Carolina, to be laid before the Board. Continues: By Act of Assembly a sallary is settled on the Chief Justice, which, with the old sallary out of the quittrents will make £200 p. ann. And I suppose long before this they have passed the Jury-bill, because they had it under consideration in the middle of last April; so that the capias act, so prejudicial to trade and so obstructual to common justice, may (if their Lordships think proper) be repealed without any sort of inconveniency in any other respect. Signed, Tho. Lowndes. Endorsed, Recd. 26th Oct., Read 16th Nov. 1731. Holograph. 2 pp. Enclosed.
450. i. Chief Justice Wright to Mr. Lowndes. South Carolina, Aug. 6th, 1731. Extract. I saw a letter to the Governour, from the Board of Trade, by which it was recommended to revive the Summons law, I am well assur'd that can't be effected. It was given up by the late President to please the multitude, but in vain, for they insulted him and all the Magistracy the more for it; having as they judged, got the power into their own hands by that very point. If it is H.M. pleasure (as it is the interest of this Province) to have it revived, I apprehend (as very few if any of the laws of this Province have been approved or ratifyed at home) that his Majesty may declare the repealing act null and void and confirm the Summons law, neither of them having as yet been approved or disapproved by H.M. This would make the merchants and trading part of this Province easy. Signed, Robt. Wright. Copy. 1¼ pp. [C.O. 5, 362. ff. 42–43v., 47v.]
Oct. 27.
451. Council of Trade and Plantations to the King. Enclose draft of Instructions for Lord Baltimore, relating to the Acts of Trade (for Lt. Gov. Ogle), "which are to the same effect as those given for the direction of Benedict Leonard Calvert, except that we have added the 13th Article, which is in the same terms with the Additional Instructions to Governors relating to the Receivers appointed by the Commissioners for collecting the sixpence pr. month from seamen's wages for the Royal Hospital at Greenwich etc., and that we have left out so much of the 18th article given to Mr. Calvert as relates to the importation of stript tobacco conformable to the Act repealing a clause in an Act prohibiting the importation of tobacco stript from the stalk or stem etc. [C.O. 5, 1294. pp. 43, 44.]
Oct. 27.
The King's
452. Certificate that John Hammerton has given the security required (v. Sept. 16th, 1730). Signed, Geo. Arbuthnot. Copy. [C.O. 324, 49. f. 79.]
[Oct. 28.] 453. [? Mr. Ochs and Mr. Stauber] to the Council of Trade and Plantations. Having observed the Board's objections, 20th inst., concerning the pretensions of the Lords Baltimore and Fairfax about their limits westwards etc., quote said limits from their charters, and beg for despatch and, having submitted to the terms proposed by the said Board which are encouraging to the people, pray that some recompense for their own expence and trouble may be considered etc.
Without date or signature. 2 pp. [C.O. 5, 1322. ff. 183, 183v., 184v.]
Oct. 28.
St. James's.
454. Order of King in Council. Approving draught of Instructions for Lt. Gov. Ogle. Signed, W. Sharpe. Endorsed, Recd. 15th Aug., Read 7th Sept., 1732. 2⅓ pp. [C.O. 5, 1268. ff. 95–96v.]; and 5, 192., ff. 601, 602.]
Oct. 29.
455. Governor Belcher to the Duke of Newcastle. Abstract. Since his letter of 21st Aug., has made a visit to New Hampshire etc.. Encloses what passed at a session of the general Assembly held there. Continues: I am sorry to acquaint your Grace that the long standing dispute between the Massachusetts and New Hampshire respecting boundaries between them is yet brought to no conclusion. But the inhabitants bordering upon the line, are still expos'd to great inconveniences and hardships, and according to my best observation N. Hampshire is willing in this matter to conform to the Royal Instruction. But I think the Massachusetts are not so frank in the affair, as in reason and justice they ought to be. Nor do I believe this long controversy will ever be adjusted but by directions from H.M. at home, and New Hampshire seems to be determined to make their application to the King to give special orders to some Commissioners here to make a settlement of the line, and return it home to H.M. for his approbation. I have nothing material to say to your Grace respecting this Province, only to inclose the Journals of the House of Representatives from the last time I sent them; I am in daily expectation of H.M. pleasure on what I have so often wrote respecting my support etc. and the supply of the Treasury etc. I am sorry to find myself obliged to trouble your Grace upon a dispute that happened in Augt. last with Col. Dunbar about the Fort William and Mary at New Hampshire on which account I understand he has made a long complaint against me etc. Continues: I had lodg'd orders with the President of H.M. Council at New Hampshire to receive Col. Dunbar when he came with the King's Commission with all proper respect, and for this he thankt me, and notwithstanding his former ill-treatment of me, I was really desirous of living in a good understanding with him, which I thought wou'd most of all constitute to the honour of the King's Government and the peace of his subjects etc. But Col. Dunbar has such a thirst of honour and power beyond his rank, that no gentleman that is his superiour will ever condescend to etc. Continues: When the Capt. of the Fort William and Mary wrote me, "As to the Fort your Excellency has been pleased to favour me with, the Leiut. Govr. says he shall never accept of your Commission for it, for that the says he looks upon with contempt, but swears nobody shall command there, but by a Commission from himself" etc., I then thought it high time to assert the King's honour, and to let the Leiut. Govr. (and all the world) know such insults were intolerable, and certainly such a behaviour cannot be consistent with the duty of a Leiut.–Govr. to his Capt. General and Govr. in Cheif, but must produce anarchy and confusion etc. The Governor has never been esteemed absent from New Hampshire when in the Massachusetts, and the King has settled it with respect to me in his 36th Instruction and in the Leiut. Governor's Commission etc. Continues: I had no controversy with the late Leiut. Govr., nor did he do one thing in the Government without my special leave and direction; it being but 66 miles from here, and the post passing every week etc. Encloses affidavit by Capt. Walton etc. Continues: "The Leiut. Govr. has not been at New Hampshire for 6 or 7 weeks past, and the Province has been in profound quiet and will continue so, if he keeps out of it. As it is no service to the Crown, nor any benefit to him to be Leiut. Govr., I would beg it of your Grace as a very particular favour that his commission may be superseded, and Col. Sherburne appointed etc. Mr. Westbrook and Mr. Frost have lately desir'd to be dismist from H.M. Council at N. Hampshire etc., and to make up the number of seven according to the King's Instructions, I have appointed Richard Waldron and Benjamin Gambling, gentlemen of good capacity and virtue" etc., for whom he again requests the King's mandamus etc. Set out, Mass. Hist. Soc. Coll. 6th Ser. VI. 10. Signed, J. Belcher. Endorsed, R. Jan. 5th. 4 pp. Enclosed,
455. i. Vote of Council and Assembly of N. Hampshire, for apportioning taxes, Sept. 18 and 24, 1731, Copy. 1⅓ pp.
455. ii. Affidavit by Mr. Wibird. Portsmo. Sept. 20, 1731. In reply to Lt. Gov. Dunbar, deponent informed him that the Lt. Governor's perquisets proceeded from the Captain General. He replied, "I swear I never will take a Commission under Governr. Belcher." Signed, R. Wibird. Copy. ? p.
455. iii. Votes of Council of Assembly of N. Hampshire, Sept. 21—25th, 1731, for appointing Commissioners to meet those of the Massachusetts Bay for settling the boundary line, strictly adhering to H.M. Instruction. If unable to agree, proceedings to be transmitted to be laid before H.M. in Council etc. Copy. 2⅓ pp.
455. iv. Vote of Council and Assembly, Sept. 24, 1731, that an account be rendered of the powder duty etc. Copy. 1½pp.
455. v.–viii. Votes of Council and Assembly, Sept. 24, 25 for powder duty, repair of prison etc. 4 pp.
455. ix. Deposition of Capt. Walton. Portsmouth, Sept. 25, 1731. In July Lt. Gov. Dunbar asked me whether I had a Commission for Fort William and Mary at Newcastle. I told him I had one from Governor Belcher. He replied nobody should command there unless under him etc., and as for taking H.E.'s com- mission for it, he swore he scornd it, defied it and spit at it. On Aug. 14 he came down to the island to take command of the fort as Capt. I told him he might have entrance as Lt. Governor or as a gentle- man, but not as Captain of the Fort, or in derogation from my Commission from H.E. etc., and showed him H.E.'s orders to that effect etc. On 20th Aug. I informed him that I had H.E.'s order to permit no vessel to pass the fort but such as brought passes signed by H.E. or the Lt. Gov. wherein he specially mentions, having duly cleared with Richard Wibird, Collector, N.H., upon which he said he would sign no more passes etc. Signed, Shad. Walton. Copy. 2 pp.
455. x. Report of Boundary Commissioners, Oct. 6 (v. No. iii). Met the Commissioners of the Massachusetts Bay at Newbury, Sept. 30th, but to no purpose. For the instructions given those Commissioners by the General Assembly were much more against the interest of N. Hampshire than the act which that Government passed Feb. 10th 1730, which the General Assembly of this Province could by no means agree to, for said instructions would bring the line 11¾ miles n. of Merrimack instead of 3, etc. Signed, Hen. Sherburne, R. Waldron, Benja. Gambling, Nathl. Weare, Theore. Atkinson. Copy, 1½pp. [C.O, 5, 898. Nos. 96. 96 i–x.]
Oct. 29.
456. Governor Belcher to Mr. Popple. Abstract. Did not answer letters of 10th June, received 10th ult., by the first ship because of his journey to N. Hampshire etc. Is preparing the accounts required therein etc. Signed, J. Belcher. Endorsed, Recd. 11th Dec, 1731, Read 3rd Oct. [? 1732]. 2 pp. [C.O. 5, 874. ff. 158, 158v., 165v.]
Oct. 29.
457. Same to the Council of Trade and Plantations. Abstract. Acknowledges letter of 6th July. In spite of all his endeavours to induce them to settle his salary, there is not the least expectation that the Assembly will ever do anything more (or otherwise). His returning to Whitehall could not have been of any service. The bill passed in Oct. last, though not a compliance with H.M. Instructions, was a step further than any Governor has been able to bring the Assembly to; and that passed in May last was going on in conformity to what they had done in Oct. The Assembly has given him £3,000 instead of £1,000 to Governor Shute, and one Address after another have promised to give a constant and ample support to the Governor, so that he believes that they will not recede from that quantum. But he will endeavour to make it more, for £3,500 of the present currency is but £1,000 sterl., and all the perquisites of the Province are not £100 sterl. The annual expence, with the best economy, is more than £3,000, so that it is impossible for a gentlemn. to lay up any fortune by this Government. Hopes by the next shipe to receive H.M. leave to accept what the Assembly last voted him etc. He observes what their Lordships say about the Address from the Representatives. "The method into which I wou'd have steer'd that matter was with an aim at the better support of the honour and prerogative of the Crown, but if your Lordships judge otherwise I am perfectly easy. I have wrote so often to the Secretary of State, and to your Lordships, how opposite this Assembly is to the King's Instruction respecting the supply of the Treasury that I depend your Lordships will transmit me the King's Orders thereon by the first ship, or this Government will fall into all confusion. For there is now near £20,000 due for the support of the King's garrisons and other services, and there has not been a shilling in the Treasury for many months. Nor will the Representatives grant any money unless they can have the supervising and passing every account, which I am fully of opinion is reserved in the Charter to H.M. Governor and the Council, and H.M. 30. Instruction I think exactly agree- able to the royal Charter. "The Assembly have been lately under adjournments waiting for H.M. pleasure on their petitions and addresses" etc. Has lately been to New Hampshire to hold the Assembly. Is sorry the affair of the boundary is not brought to any conclusion, in spite of his pains in both Provinces, and thinks it never will be by them. In justice to New Hampshire, he must say they have been very willing to submit the decision of this affair in exact conformity to H.M. Instruction. But the Massachusetts have made too many obstacles, nor have they been so candid and fair as N. Hampshire. Has taken all care to keep things and persons from running to the extremity they did in Governor Burnett's time, but is in daily fears of difficulties among the Borderers. It is of absolute necessity for the peace and honour of H.M. Governments and for the welfare of the subjects that this long controversy should be adjusted. N. Hampshire seems resolved to pursue it by an immediate application to H.M. for appointing Commissioners etc. Believes that Assembly would willingly be at the whole charge to have the matter effected. Will order the bills of credit to be called in in accordance to the acts, and will send an account of the paper currency in N.H. Refers to and repeats his account of the Councillors 25th Jan. last. When last there he appointed Benjamin Gambling in the place of Mr. Frost, resigned owing to ill health etc. Is surprised to learn that a gentleman of the Board observed that they would be glad to hear from the new officer the King has appointed under him, before taking any resolution about Councillors. To gratify an inferior Officer by giving him liberty and privilege of nominating the Councillors and of denying it to the King's Governor would subvert all good order, and fill that Government with discord and confusion, " which would be very happy, and so shou'd I, if we might be quit of that uneasy Gentn. Collo. Dunbar, and as his being Lieut. Govr. is no sort of service to him, ncr can I (with submission to your Lordships) believe it any to H.M., or that people, I wou'd still pray that Coll. Henry Sherburn might be Leiut. Govr. there" etc. All this part of the world are astonished at the false and malicious account which Col. Dunbar dressed up against him respecting Frederick's Fort. "All I did was conformable to good reason, and my duty to the King." Dunbar has continually behaved in an insolent, haughty manner to him. Their Lordships will in a little time be convinced that what he has been so long pothering about in the Eastern Country will never come to anything under his management— "threatening to tye people to trees and whip 'em, and burning the fruits of their honest labour are odd measures to pursue in an English Government, and under the most gracious Sovereign in the world" etc. Set out, Mass. Hist. Soc. Coll. 6th Ser. VI. 14. Signed, J. Belcher. Endorsed, Recd. 11th Dec, 1731, Read 3rd Oct., 1732. 8 pp. [C.O. 5, 874. ff. 159v.–164v. (with abstract).]
Oct. 29.
New York.
458. Rip Van Dam to Mr. Popple. Will communicate to the Judges etc. the opinion of the Attorney and Solicitor General on the Act concerning the levying of fines in England to cut off an entail in New York, enclosed in Mr. Popple's letter of Feb. 24th. He laid his enquiries of 10th June before the Council who were of opinion that he must singly make an answer thereto. Continues: "I do not know of any laws made here, or any manufactures set up that may affect the manufactures of Great Brittain, and as to what relates the Trade and Navigation of this Province," refers to Representation of the General Assembly (v. 2nd Nov.), "whereby I hope their Lordships will be satisfied that our trade and navigation is not detrimentall but advantageous to our mother Kingdom." Acknowledges letter of 10th June with packetts for the Governors of Rhoad Island and Connecticutt. Continues: I sent them as directed pr. the first post and finding no printed coppies of their laws here I desired them respectively to send me them in order to be transmitted unto you offering to pay the charge thereof. But till this day I have had no answer" etc. Printed, N.Y. Col. Doc. V. 925. Signed, Rip Van Dam. Endorsed, Recd. 22nd Dec, 1731, Read 4th Jan., 1731/2. Addressed. Sealed. 1 p. [C.O. 204, (205, abstract) 207v.]
Oct. 30.
459. Mr. Partridge to Mr. Popple. Inclosed is a true coppy of an address from sundry of ye inhabitants (I suppose the most principall) to the King from New Hampshire which please to communicate to the Lords Commissioners for Trade and Plantations, the original Govr. Belcher sent me. Thy Friend, Signed, Richd. Partridge. Endorsed, Recd. 1st, Read 3rd Nov., 1731. Addressed. ½p. Enclosed,
459. i. Address of the principal inhabitants, (Councillors, Judges, Justices, Sheriffs etc.) of New Hampshire to the King. Portsmouth in New Hampshire in New England in America. Aug. 31st, 1731. Refer to address of Council and Assembly thanking H.M. for appointing as Governor a person so well accomplished and so acceptable to the people. "Notwithstanding which some restless persons for about three weeks past have been endeavouring to disquiet the minds of the weaker sort amongst us, in order to memorial the Governour to the Right Honble. the Lords of Trade and Plantations as a person not a friend to the Province, and to pray that New Hampshire may be no longer under the Governour of the Massachuset Bay etc. In duty to our Sovereign, in honour to our Governour in faithfulness to the Province and in justice to ourselves we cannot be dumb on such an occasion, but most humbly crave leave to beare testimony against an attempt (tho' never so unlikely to succeed) wch. tends to sap the very foundation of our happiness etc. Praise his "solicitious concern" and unwearied efforts to accomplish the settlement of the divisional line between the two Provinces etc., wch. is what we earnestly supplicate, may have as speedy an issue as is consistent with your Majesty's royal pleasure, for the longer that difference lies open the greater are the mischiefs which attend it etc. Praise the Governor " whose administration is so wise so just so equall and to such universal acceptance " etc. Continue: This your Majesty's Province is so small the people so few, and in general so poor that it makes the settlement of the line still more necessary and is no bad argument to enforce our humble request for being continued under the Governour of the Massachusets Bay, and especially him who at present is, and we hope will long continue, in that station ; for we have done our utmost already even to our almost undoing in fixing so large a summ for the Governor's sallary, pursuant to your Majesty's Instruction, and if more should be required to support the dignity of a resident Governour we can foresee nothing but enevitable ruin, and beside if we should again be visited wth. a French or Indian warr, or both (as at this juncture we are threatned) then yet more deplorable would our condition be, for now we can ask succour (as occasion may require) from the common Father of both Provinces with hopes of success but how it may be upon a different footing God alone knows etc. Pray for H.M. long and glorious reign etc. 73 signatures. Copy. 3⅓ pp. [CO. 5, 873. ff. 241–243U.]