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Feb. 1.
Whitehall.
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32. Council of Trade and Plantations to the Honble. the
Commons of Great Britain in Parliament Assembled. Representation
upon laws made, manufactures set up, and trade carryed on
in the Plantations in America, which may affect the trade,
navigation and manufactures of this Kingdom ; Instructions to
Governors relating to presents ; and orders given for the repair of
fortifications in Barbados and the Leeward Islands etc. Continue
Upon receipt of [H.M. Order, 7th June, upon Addresses from the
House of 25th May, 1732], we did forthwith transmit duplicates
of the circular letters which we had dispatched the year before
to all H.M. Governors in America, directing them to furnish us
with an exact and particular account etc. In our Representation
of 15th Feb., 173 1/2, we laid before the House all such informations
relating to this matter as were then come to our hands. The only
returns that we have received since, in answer to our last letters
upon this subject, have been from the Govr. of Jamaica, the
President of H.M. Council in Barbados, and the Governors of the
Massachusets Bay, Virginia, and South Carolina. The Govr. and
President of the Council in Barbados have inform'd us that there
have been no such laws, manufactures or trade etc. since their
last returns to us etc. The Governor of the Massachusets Bay
takes notice that since his last letters upon those heads, there
hath been a new paper mill set up at Falmouth in Casco Bay ; but
the undertakers have not begun to work on that manufacture for
want of materials. He also acquaints us, that in his last account
of these matters he omitted to take notice that upon passing an
act about ten years since, in New Hampshire for the encouragement
of iron works, the then Govr. and Council made a grant of
about 8000 acres of the King's lands in that Province, as a further
encouragement to the Proprietors and undertakers of those works.
Virginia. Quote Lt. Governor Gooch, 5th Oct., 1732 (q.v.) upon
acts and manufactures there and in New England, and Governor
Johnson on South Carolina, where such manufactures are scarce
worth naming. Continue :In answer to that first part of the
Address of this Honble. House concerning the orders that have
been given by the Crown etc. to Governors with respect to presents
from the inhabitants etc., we find that the first Instruction upon
this subject took place etc. 18th Aug., 1702, and was directed to
Sr. Bevil Granville etc. Quote that Instruction (v. C.S.P. Aug. 18,
1702) and the H.M. letter to Governors, April 1703, which was
made an article of the General Instruction to Governors of
Barbados, 19th Nov., 1706, till, upon Lord Belhaven's memorial
(quoted) in 1721, when an Additional Instruction was given to
him (v. C.S.P. Aug. 9, 1721). Continue. This Instruction which
quoted hath been continued from that time, to all the succeeding
Govrs. of Barbados, hath been lately given to the Lord Howe
for the reasons offered to H.M. upon that occasion by the Lords
of the Committee of H.M. most Honble. Privy Council (quoted).
Similar Instructions were given to Governors of Leewards
Islands 18th Aug., 1702 and April, 1703, and made of Govr.
Mathew's Instructions in Feb. 1704. Quote Additional Instruction
to Govr. Parke, 14th Feb., 170 7/8, that the manufactures of
that Province which may interfere with those of Great Britain
are scarce worth naming, being confined to a few hatts, shoes, and
coarse mix'd cloths of cotton and wooll for the use of their negroes.
As to Governors' presents etc., We find that the first Instruction
upon this subject took place soon after the accession of her late
Majesty etc. Quote Instruction of Governor Sir Bevil Granville
18th Aug., 1702, and Circular Letter to Governors, April, 1703.
(v. C.S.P. under dates). Continue : In 1706 the foregoing letter
was made an article in the General Instructions, then given to
the Governor of Barbados, 19th Nov., and was continued to the
succeeding Governors of this Colony till 1721 etc. Quote Lord
Belhaven's Memorial of that year, and the Additional Instruction
thereupon, 9th Aug., 1721. (v. C.S.P. 1721). Continue :This
Instruction which hath been continued from that time to all the
succeeding Governours of Barbados, hath been lately given to the
Lord Howe etc., for the reasons offered by the Lords of the
committee, quoted. Continue. With respect to the Leeward
Islands etc., we find that the first paragraph of the Instructions
to the Govr. of Barbados, 18th Aug., 1702, and the letter date
20th April, 1703, were given at the same times, mutatis mutandis,
to the Govrs., with this variation, that only 500 sterl. pr. ann.
was added to the former salary of 700 payable out of the 4 p.c.
etc., and 200 sterl. was then given to each of the Lt. Govrs. of
the four islands, who before that time were destitute of any
appointments. In Feb. 1704 the said Circular Letter was made
part of Her Majesty's Instructions to Govr. Mathew ; and we find
that in 1706, Colo. Park having then succeeded to this Government,
and the Genl. Assemblies of Antigua and St. Xtophers having
passed two acts for the payment of 1000 current money of
Antigua to the said Govr. Park, in lieu of house rent, during his
residence there etc., and of 1000 of good muscovado sugar pr.
ann. in St. Xtophers. etc. for house rent there during the continuuance
of his government, Her late Majesty was pleased by Her
additional Instruction, 14th Feb., 1708, to disaprove of the said
acts, and to direct Col. Park to move the Assemblies in each of the
islands under his government to pass new acts for setling the
value of 400 sterling pr. ann. upon himself or the Commander
in Chief for the time being, for house-rent, to be paid him in
proportion to the number of days he should actually reside upon
each island etc. Continue :We find these Instructions continued
to the succeeding Govrs. etc. until 1717, when the Assembly of
Antigua having passed an act for allowing 1000 current money
to Walter Hamilton, His late Majesty was pleased to give an
additional Instruction to him etc. Quoted. (v. C.S.P. under date).
In 1721 His late Majesty was pleased to signify his royal pleasure,
4th Aug., to the Commrs. for Trade to prepare an additional
Instruction for Gvr. Hart, agreeable to that which they had been
directed to prepare for Lord Belhaven etc. This Instruction,
quoted, hath since been continued to the Earl of Londonderry etc.
Continue : The first Instruction under this head which appears to
have been given to the Govrs. of Jamaica, was the above recited
letter of April 16, 1703, etc. In July of the same year, this letter
was made part of the Instructions given Colo. Handasyde, and
was continued to the several succeeding Governors, without any
variation, to the year 1721, when His late Majesty was pleased to
permit the Duke of Portland to receive such addition as the
Assembly of Jamaica should think fit to make to his salary.
Hereupon a draught of Instructions was prepared by the Commrs.
of Trade etc., which has been continued without variation to
Major Genl. Hunter the present Governor etc. Quoted. The only
Instructions which have been given upon this head to the Govrs.
of the Bahama bear date 13th May, 1729. Quoted. The first
Instruction that has been given to the Govr. of the Bermuda or
Summer Islands bears date Oct. 16th, 1702, and is the same with
the first paragraph of the Instruction to the Govr. of Barbados
18th Aug. of the same year. The foregoing letter of the late
Queen dated April 16th, 1703, was in the same manner directed
to the Governor of the Bermudas, and continued to be a part of
his Instructions, mutatis mutandis, till 1713, when Her late
Majesty's permission to receive house-rent was restricted in the
Instructions that were then given to Mr. Pulleine, Jan. 22nd ;
but this permission was again revived by His late Majesty in his
royal Instructions to Colo. Bennet, June 30th, 1715, and continued
to be in force till 1721, when it was again retrenched upon the
Govr's. being permitted to receive an additional salary by virtue
of the Instruction which has been continued ever since without
variation. Quoted. The only remaining Instruction upon this
head to the Governors of the Bermudas bears date in the books
of our Office Dec. 7th, 1731. This Instruction was occasioned
by the complaints which had been made to the Crown, that some
of the Governors of the Plantations had for some years past
seized and appropriated to their own use, the production of
whales taken upon the coasts of their Governments ; whereupon
His Majesty was pleased to direct Capt. Pit, etc., to move the
Assembly of Bermuda, that they should raise and pay to him a
sum not exceeding 100 pr. annum, in lieu of the profits before
accruing to him, by granting licences for the taking of whales
which were computed at that value.
On the Continent, etc., we find that the first Instructions upon
this head to the Governors of So. Carolina bear date in the books
of our Office Aug. 30th, 1720. Quoted. These Instructions were
continued without variation till 1730, when His Majesty was
pleased to give an Instruction to the present Governor, Col.
Johnson etc. Quoted. North Carolina having been lately
purchased by the Crown, the only Instruction which has been
given upon this head to the Governor bears date Aug. 13th, 1730
etc. Quoted. With respect to the Province of Virginia we find
that in Oct. 1702 the Instruction to the Governor of Barbados,
dated 18th Aug. of that year, was also made a part of Genl.
Nicholson's Instructions, mutatis mutandis, etc. and at the same
time an allowance for house rent and the establishment of a
salary for the Governor, were provided for by other Instructions.
Quoted. In April 1703 the above recited letter from the late
Queen, dated April 16th etc. was also sent to the Govr. of Virginia,
and this together with the foregoing Instructions, have been
continued to the succeeding Governors etc. The Instruction of
Aug. 18, 1702 and letter of 16th April, 1703 etc. were also directed
to the Governor of Maryland, and continued to be in force without
any alteration until 1714 the following Articles were made part
of the Genl. Instructions given to John Hart Esq., which are the
last that have been dispatched from this Office to the Govr. of
Maryland. Quoted. In the same manner the Barbados Instruction
of 18th Aug., 1702, and the late Queen's letter of 16th April,
1703, were also directed to the Governour of New York, whose
salary was by the said letter encreased from 600 to 1200
sterling pr. ann., and these Instructions were continued to the
succeeding Governors of New York without any alteration till
Sept. 1727, when the following articles were made part of the
Instructions given to Colo. Montgomerie, and have been continued
to the present Governour without variation, etc. Quoted. The
said Instruction and letter were directed to the Governour of New
Jersey, with a small variation in the letter etc. Quoted. These
directions continued in force without any alteration till May,
1708, when the following articles were made part of the Genl.
Instructions then given to the Lord Lovelace, and have been
continued to the succeeding Governours, without variation, to the
present time. Quoted. The first of the Instructions given to the
Governors of the Massachusets Bay and New Hampshire etc.,
bears equal date with the letter of the late Queen, 16th April,
1703, but the substance of it is different and as the several
Instructions which have been sent to these Provinces upon this
subject do in some degree vary from each other, we have had them
literally transcribed from the books of our Office etc. In answer
to that part of the Address which relates to the directions which
have been given for the repair of the forts etc. of Barbados and
the Leeward Islands, we find only the following (not quoted), which
have been continued to all Governors from the days of their
dates to this present time, notwithstanding various dispositions
have been made of this Revenue, since this Instruction was
given, to other publick services. Autograph signatures. 48 pp.
[C.O. 5, 5. No. 1 ; and 324, 11. pp. 313-370.]
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Feb. 1.
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33. Mr. Popple to Mr. Fane. Encloses, for his opinion in
point of law, five acts passed in the Massachusets Bay, 1732 :
(i) for apportioning and assessing a tax of 8007 16s., and assessing
a tax of 80 laid on the towns of Needham, Hatfield, Sutton and
Tiverton for not sending their Representatives, and for apportioning
and assessing taxes of 4275 5s. paid the Representatives for 1731,
and 1263 5s. paid Council for 1731 ; (ii) granting unto H.M. an
excise upon wines, liquors etc. sold by retail ; (iii) providing pay
for keeping petty Juries ; (iv) for erecting a new town within the
county of Middlesex, at the north part of Turkey Hills (so called) by
the name of Townshend ; (v) for erecting a new town within the
county of Worcester, by the name of Harvard. [C.O. 5, 917.
pp. 77 a., 78.]
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Feb. 2.
Whitehall.
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34. Council of Trade and Plantations to the Committee of
the Privy Council. Enclose following, pursuant to Order of 26th
Jan. Annexed,
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34. i. Draught of H.M. Additional Instruction to Governor
Belcher, empowering him to give assent to the bill granting
him 3000. [C.O. 5, 917. pp. 78 (A.), 79.]
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Feb. 4.
Bermuda.
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35. Lt. Governor Pitt to Mr. Popple. Refers to former letter
relating to Assembly's refusal to make him an adequate allowance
in lieu of whale-licences etc. Encloses Journals of Assembly and
acts passed, to be laid before the Board etc. Signed, John Pitt.
Endorsed, Recd. 31st May, 1733, Read 31st July, 1735. 1 p.
[C.O. 37, 12. ff. 161, 166 v.]
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Feb. 4.
Bermuda.
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36. Governor Pitt to Charles Delafaye. Encloses Journals
of Assembly and acts lately passed, to be laid before the Duke of
Newcastle. Signed, John Pitt. Endorsed, R. 31st May. 1 p.
[C.O. 37, 29. No. 16.]
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Feb. 5.
Boston.
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37. Governor Belcher to the Council of Trade and Plantations.
Hopes for answer to his letter of 13th Jan. and many others by the
ships in the spring. Continues : What I have now to add is
respecting the mandamuss. directed to me for admitting Joshua
Peirce, Theodore Atkinson and Benning Wentworth to be of
H.M. Council for New Hampshire. When I heard these
mandamuss, were come I expected, as they were in the first place
directed to the King's Governour, that those who had them wou'd
according to their duty have transmitted them to me, since it is
but 66 miles, and the post passing every week. But when I had
waited what I thought a reasonable time, I order'd the Secretary
of the Province to publish the notification in the inclosed print,
which produc'd to me the mandamus in favour of Mr. Peirce etc.,
and I then directed his being sworn. I can't suppose but your
Lordships will agree with me, that it is a high presumption and
insolence in the other two not to send me the mandamuss. after
the publick notification ; and the President of the Province's
directing them once and again to transmit them to me, for that
he dare not swear them having received my order to the contrary
etc., and I have no doubt but your Lordships will be of opinion
with me, that to wink at the ill manners and impudence of those
men wou'd be to subvert all good order and government. Signed,
J. Belcher. Endorsed, Recd. 25th June, Read 30th Aug., 1733.
4 pp. quarto, large margins. Enclosed,
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37. i. Governor Belcher to Lt. Governor Dunbar, or the
President of the Council of N. Hampshire. Boston,
Jan 1, 173 2/3. Has reason to think that the mandamuses,
referred to in preceding, which arrived 14 days ago, are
being clandestinely detained from him. Orders him to
make strict enquiry for them, and when he shall have
gotten possession of them, to transmit them to him for
his directions. In the mean time the persons mentioned
in them are not to be sworn into the Council etc. Signed,
J. Belcher. Copy. p.
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37. ii. Capt. Peirce to Governor Belcher. Portsmouth. 11th
Jan., 1733. Explains that he has acted in ignorance.
He presented his mandamus to Mr. President Walton in
Council within a week after it came to hand, and nobody
suggested his forwarding it to H.E. etc. Signed, Josh.
Peirce. Endorsed, Recd. 25th June, 173 2/3. Copy. p.
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37. iii. Governor Belcher to Capt. Peirce. Boston. 15th Jan.,
173 2/3. Reply to preceding. "How came you to conceal
it so long, and since it was in the first place directed to
me etc., why did you not by return of the post transmit
it to me?" etc. Accepting his plea of ignorance, has
ordered him to be admitted to the Council etc. Signed,
J. Belcher. Copy. p. [C.O. 5, 875. ff. 188-189 v.,
190 v.-192 v.]
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Feb. 5.
St. James's.
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38. H.M. Warrant for a Commission for Governor Mathew.
Countersigned, Holles Newcastle. [C.O. 5, 195. ff. 301-308.]
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Feb. 6.
Whitehall.
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39. Duke of Newcastle to Governor Cosby. Encloses following
petition. Concludes :I am to acquaint you with H.M.
pleasure, that you, together with H.M. Council, take this petition
into your consideration, and send me your opinion what may be
properly done therein, etc. Countersigned, Holles Newcastle.
Copy. Annexed,
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39. i. Petition of Archibald Kennedy, H.M. Receiver General
in the Colony of New York, to the King. Owing to the
increase of late years in the grants of lands and the
extension of settlements very far on the frontiers, and
parcels of lands daily dividing themselves into great
numbers of hands, it becomes impossible for the Receiver
to collect the quit rents or to get any accounts of the
fines and forfeitures etc. Prays for Royal Instructions
to the Governor authorising and requiring him to
impower the Sheriffs of the several Counties, as in
Virginia, to collect and levy all the quit rents, fines and
forfeitures, and pay over from time to time the money so
collected to H.M. Receiver General, under such regulations,
and after making such deductions for their
trouble, expence and service, as H.M. Governor with
consent of the Council shall think just and reasonable
etc. Copy. [C.O. 324, 36. pp. 386-389.]
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Feb. 6.
Whitehall.
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40. Duke of Newcastle to Governor Lord Howe. My Lord,
I send your Lordp. herewith, by H.M. command, copys of a
letter which I have received from the President of the Council of
Barbadoes, and of the Minutes of the Council and Assembly of
that island, containing an account of his proceedings in the
execution of the King's Order, in pursuance of an agreement
made with the Court of France, for the reciprocal evacuation of
the Islands of Sta. Lucia, St. Vincents and Dominico, that you
may be fully apprised of the state of that affair. Your Lordp.
will observe, that the Governor of Martinico, in his answer to a
letter which the President wrote to him, to acquaint him with his
having received H.M.'s Order abovementioned, and to transmit
to him a duplicate of the French King's Order for the same
purpose, says, that it is necessary the person authorised to treat
with him upon this occasion should be furnished with the Orders
sent to him, the President, for that he knew of none but those that
were directed to Mr. Worsley, the late Governor, which seems to
be an objection made with design to delay the execution of those
orders, since there is not the least foundation for it, the Order
being directed to the Governor and in his absence to the Commander
in Chief, or the President of the Council of Barbadoes, on
which last the Government devolved upon Mr. Worsley's leaving
that island, and H.M. not having yet been informed whether
anything further has been done in this matter, has thought fit to
sign a like Order to your Lordp., which goes inclosed, that you
may upon your arrival at Barbadoes, if you find the former
Orders have not been put in execution, represent to the Governor
of Martinico how groundless his objection is, but that H.M., being
desirous to remove any difficultys that he may still have, with
regard to the former Order, had signed a new one directed to your
Lordp., and that you are ready to concert with him the proper
measures for proceeding forthwith to the reciprocal evacuation
of the said islands ; and your Lordship will send me an account
of what you shall do herein, to be laid before H.M. Signed,
Holles Newcastle. Copy. Annexed,
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40. i. H.M. Orders for the Evacuation of Sta. Lucia, St.
Vincents and Dominico. Right Trusty Welbeloved
Cousin, We greet you well. Whereas the French for
some years have claimed a right to the Island of Sta.
Lucia, and do insist that the right to the Islands of St.
Vincents and Dominico under your Government, is in
the Caribeans now inhabiting the same, altho We have
an undoubted right to all the said Islands, yet We have
thought fit to agree with the French Court, that untill
Our right shall be determined, the said Islands shall be
entirely evacuated by both nations ; it is therefore
Our will and pleasure, and you are accordingly to
signify the same to such of Our subjects as shall be
found inhabiting any of Our said Islands, that they do
forthwith quit the same, untill the right shall be determined
as aforesaid ; and that they do comply with this
Our Order within thirty days from the publication
thereof, in each of the said Islands respectively, under
pain of Our highest displeasure ; and you are to use your
best endeavours, that no ships of Our subjects, or of any
other nation, do frequent the said Islands during the
time aforesaid, except only for wood and water. But
it is Our Will and Pleasure, that you do not execute
this Order, untill the French Governor of Martinique
shall have received the like directions from the French
Court ; and shall jointly with you, put the same in
execution without any exception. And you are hereby
further ordered to transmit to Us, by the first opportunity,
a full account of your proceedings, as likewise
of those of the French in this behalf, taking care by all
opportunitys to inform yourself, whether Our subjects
and those of the French King do punctually comply
with the true intent and meaning of this agreement,
untill such time as the right to the said Islands shall
be absolutely determined as aforesaid. And for so
doing this shall be your Warrant. Countersigned,
Holles Newcastle. Copy.
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40. ii. President of the Council of Barbados to the Duke of
Newcastle, July 3, 1732. Copy.
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40. iii., iv. Minutes of Council of Barbados, April 27, June 6,
1732. Copy.
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40. v. Journal of Assembly, Aug. 7th, 1732. Copy. [C.O.
324, 36. pp. 381-385.]
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Feb. 8.
St. James's.
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41. H.M. warrant appointing Charles Bridgewater junr. to
the Council of Nevis in the room of John Richardson decd.
Copy. Countersigned, Holles Newcastle. [C.O. 324, 36. p. 402.]
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Feb. 8.
Virginia
Wmsburgh.
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42. Lt. Governor Gooch to the Council of Trade and Plantations.
I have the honour of your Lordships' of the 13th 7ber
with the papers etc. in relation to the pretensions of the several
Proprietors of Pensilvania, Maryland and the Northern Neck, to
the lands lying westward of the great mountains of Virginia.
As to the dispute between Lord Culpeper and the Crown refers to
his letter of 29th June, 1729, and is still of opinion that that matter
may be best determined at home, either by trial in Westminster
Hall or by persons deputed by the King and Lord Fairfax.
Appointing Commissioners in Virginia will prove a fruitless labour
and expence. Continues : It is to be noted my Lords that the
Rivers Rappahannock and Potomack took their names from the
Indian nations inhabiting their respective banks, and that the
places where these Indian towns stood, when Virginia was first
seated, and continued while there was any remains of those nations,
are below the falls of both rivers, and where they are navigable.
What denomination Rappahannock had above its falls, or the
several rivers had which form it, doth not certainly appear, tho'
'tis more than probable the Indians had other names for them ;
for that part of Potomack River which has been lately discovered
and settled above its falls is known and called before all the
Indian Nations that have most commonly frequented it, by the
name Cahongarooten, as all the other rivers which fall into it are
called by their several distinct names. So that if according to Ld.
Culpeper's grant nothing passes by the names Potomack and
Rappahannock rivers, but as they were known and called at the
time of its date, my Ld. Fairfax can claim no farther westward
than the falls of each river, or at the farthest where those rivers
begin to be one stream. But if H.M., out of his more abundant
bounty, thinks fitt to allow that grant to extend up to the headspring
of that river which forms the north branch of Rappahannock,
then the bounds must be runn from thence to the river
Cahongarooten, from the same meridian the head spring of
Rappahannock lyes in, and consequently must be bounded by the
ridge of mountains, as your Lordships will see by the mapp ; and
then Ld. Fairfax will have an extent of territory upwards of
two hundred miles in length, and in some places thirty miles
broad ; and H.M. be at liberty to settle a barrier between this
Colony and the Lakes, upon which the security of this and the
other Provinces greatly depend. Lord Fairfax's Agent here has
laid down such strange pretensions, as never, in my opinion, can
be reconciled with the words of the grant : They will have it that
because the head-springs of both rivers are mentioned in the
grant, his Lordship is not to be bounded by the head of Rappahannock,
but is to comprehend all the rivers that fall into
Potomack, wheresoever their head-springs or sources take their
rise ; and therefore because the River Shenanto or [? Sh]eranto
falls into Cahongarooten, they will have all the lands on that
river as far south [? as] the borders of No. Carolina, and from
thence all the lands westward and northward to [the] source of
Cahongarooten to be within their bounds, which would extend
that grant, defined plainly by the words of it between the two
rivers, Rappahannock and Potomack, upwards of one hundred
miles beyound Rappahannock to the southward, and above that
[di]stance to the west, and so to extend north behind Maryland,
intersecting the Province of [Pen]silvania. Your Lordships will
hence perceive how impracticable it is for Commissioners here to
determine [a] controversie so perplexed, and how unequal any
Commissioners here are like to prove for such [a] task, where the
foundation, the Letters Patent of the Crown, are deemed altogether
uncertain, and neither the King was informed what he granted, nor
could the patentee know how to describe what he asked, and would
now extend his claim beyound what ought to be allowed, or it
can be [sup]posed the Crown intended to bestow. I have
employed the more fully, my Lords, the claim of Ld. Fairfax,
because until that [be] determined, there is no occasion for H.M.
to interest himself in the dispute concerning [the] boundarys of
Maryland or Pensilvania : for if the Northern Neck grant is
judged as extensive [as] the Proprietors' agent would have it,
I know no lands H.M. hath to dispose of beyound the great ridge
of mountains. Shenando, as laid down in the mapp, runs paralel
with that ridge from the extremity of our southern boundary.
Cahongarooten is said to have its source beyound the fortieth
degree of north latitude, and intersecting the boundarys of
Pensilvania [ru]ns on the west of Maryland, till it falls into Potomack
river properly so called ; and the many rivers which fall
into Cahongarooten from the west are said to interlock with the
branches of the Messisippi ; so that the lands in Virginia which
are in the power of the Crown to grant are entirely cutt off, and
separated from that which ly contiguous to the Lakes, by this
extraordinary claim under the grant of the Northern Neck.
But since my Lords I can never suppose that such a construction
of the Northern Neck grant will be allowed, and that your
Lordships may receive all the information I can give, I shall go
on and state the difference between Virginia and Ld. Baltimore ;
His Lordship's Province of Maryland is bounded on the south,
from the sea, to Watkin's Point (which is not laid down in the
mapp I sent, but your Lordships may judge it to be on the south
side of that river, I should have said the south side of the mouth
of that river which runs out of Cheseapeak Bay into the Eastern
shore) and thence cross Cheseapeak Bay to the south side of
Potomack River (which river is in his Lordship's grant, tho' in
H.M. Instructions 'tis called a pretended right, and I am thereby
directed to assert H.M. right) and so that river continues the
limit between his Lordship and Virginia. On the north his
Lordship is bounded by a west line (where they are to sett out is
not yett, as I hear, agreed upon, 'tis conjectured about Delaware
River or Sassafras River, but that is not material) which is to
extend as far westward as the true meridian of the first fountain
of Potomack : by which, my Lords, it is evident that the first
fountain of Potomack was then supposed to be somewhere to
the south of that line, otherwise it would have been more properly
expressed, by extending that line westward till it intersected
Potomack River, and so have made that river the Western limit,
as well as it is the southern of his Lordship's grant. Hence I
think it clear, my Lords, that neither in the grant to Maryland,
nor that to my Lord Culpeper, Potomack river was ever imagined
to extend so far as the River Cahongarooten doth, and if Ld.
Baltimore insists on that as Potomack, and if it be true that its
source takes its course from the northeast, as it is generally
reported, then a line drawn from that meridian to Potomack
River, properly so called, will cutt off a large tract now inhabited
under grants from Lord Baltimore as part of his Province : and
some people here are so confident of this, that they have petitioned
me for grants of large tracts of land there as belonging to Virginia,
which petitions are referred till the boundarys be settled. Others
argue that by the first fountain of Potomack, his Lordship's west
line can extend no farther than till it falls on the first river in its
course, which emptys itself into Potomack, of which it seems there
are many on that side of Cahongarooten, as well as on the other,
and they pretend to know that that river call'd Cahongarooten
[melius, Conneichiga. v. 15th July] is that which the line between
Maryland and Pensilvania will first intersect, and have their eye
upon lands on the west side of that river as undoubtedly in Virginia ;
in which case Lord Baltimore will lose less, and have his limits
sooner ascertained, than by tracing Cahongarooten to its source,
and then running a south line from thence according to his
charter. The grant of Pensilvania is the only one whose western
limits is capable of being reduced to a certainty consistent with
the description mentioned in the Letters Patent : and if the
Proprietors of that Province and Ld. Baltimore shall agree to run
the line of division between them, and to measure as far as that
extends, the rest of the five degrees of longitude, which is the
extent of Pensilvania, may with small expence and no dispute be
measured and fixed so as no controversy may arise hereafter.
Since therefore, my Lords, there appears such uncertainty in the
description of the boundarys of these Proprietary grants, made
without due information or knowledge of what was intended to
be passed to the several patentees ; and since the Proprietors are
neither like to agree amongst themselves where their boundarys
are, nor how they interfere, nor seem to be contented with
what may reasonably be supposed the Crown granted them, it is
high time to take some speedy measures to put an end to these
disputes, and the rather since there is now a view of having great
numbers of foreign Protestants to seat these frontiers, and thereby
prevent the French, an oppertunity if lett slip, perhaps may never
be retrieved. But I cannot leave this subject without representing
to your Lordships that the erecting new provinces and
governments will be attended with many inconveniencies : such
as the weakness [of] an infant settlement to support itself ; the
difficulty of bringing foreigners to the knowledge [and] under the
subjection of the English laws, where they are left to themselves,
and not incorporated with an English Government ; the disputes
that may arise concerning their boundarys, if a tract [of] land
should be granted them, the true limits whereof cannot be with
certainty described, besides many others which 'tis needless to
trouble your Lordships with. I should rather, if your Lordships
will give me leave, advise if they are to be settled within [the]
limits of Virginia, that H.M. would leave it to the Government here
to assign them lands proportionable to their number, and to
grant them distinct patents, with exemption for [sev]en or tenn
years from payment of quit-rents, and such other ease in the
manner of taking and cultivating as H.M. shall think reasonable
for their encouragement ; and care [ma]y be taken here that no
more land than is already entered for, on the back of the mountains
[shal]l be granted to any other person whatsoever till they
have their full complement assigned them etc. Has enquired
into the matter of Mrs. Jones' letter. Can only find that one
Dr. Watkins and some other necessitous people have imposed
upon some gentlemen of estates, and drawn them into buying
shares of a silver mine they pretended, at first, they had found
on the back of the mountains, etc., afterwards near Susquehannah
river in Maryland, "and having shewed something which they
affirmed to be silver oar, and proved to be only antimony, and the
gentlemen concerned are now convinced it is a cheat put upon
them, for which they paid in advance about 20 pr. man.
However I shall have a watchful eye over them, and if I can
discover any appearance of a royal mine shall give speedy notice
of it to your Lordships." Signed, William Gooch. Endorsed,
Recd. 25th May, 1733, Read Sept. 10th, 1734. Holograph.
4 pp. [C.O. 5, 1323. ff. 108-109 v., 110 v.]
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Feb. 8.
Whitehall.
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43. Mr. Popple to Sir Wm. Strickland, Secretary at War.
There happening frequent riotous disturbances in the street before
the Office of my Lords Commissioners etc. by numbers of dissolute
people assembling, particularly in dark evenings, and in the night
time, which make it dangerous for persons who have occasion
either to come to, or go from the Office, as well as others passing
by ; their Lordships command me to desire the favour of your
directions, that a centinel may be placed near the Office door to
prevent such disorders for the future. [C.O. 389, 37. p. 343.]
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Feb. 9.
Whitehall.
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44. Mr. Popple to R. Harris. My Lords Commissioners etc.
having at present under their consideration the right of H.M.
subjects to the cutting of logwood in the Bay of Campeachy etc.,
desire that if you have any lights or proofs applicable to that
subject, you will please to communicate them etc. [C.O. 389,
29. p. 49.]
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Feb. 9.
St. James's.
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45. H.M. Additional Instruction to Governor Cosby. Commission
and Instruction of John Montgomery, late Governor of
New Jersey, 20th Oct., 1727, providing that a moiety of his
salary and perquisites be paid to the Lt. Governor on his death
or absence etc. Continues : Our will and pleasure is that Lewis
Morris, and the eldest Councillor who has succeeded him in the
administration, if the case shall have so happened, and his or
their, or either of their executors, administrators or assigns, shall
and may receive, enjoy and retain to him or their own use and
benefit one full moiety of the salary, and of all perquisites and
emoluments whatsoever, due unto our Captain General and
Governor in Chief etc. during the time that the said Lewis Morris
etc. shall have continued in the exercise of the administration from
the day of the death of the said John Montgomery, until the day
of yr. arrival in our said Province, and that you shall have,
receive and enjoy the other moiety of the said salary, and of all
the said perquisites and emoluments that shall have accrued
during the said intermediate time between the days of the death
of the said John Montgomery, and of yr. arrival there, and that
such person or persons as shall have received the said salary,
perquisites and emoluments, or any part there, or in whose hands
the same shall remain, shall be accountable and pay unto you the
full moiety thereof without any deduction or defalcation whatsoever.
Signed, G.R. [C.O. 324, 36. pp. 389-392.]
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Feb. 10.
South
Carolina.
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46. Governor Johnson to the Duke of Newcastle. H.M.
Council and the Assembly having lately made some observations
on the form of grants of lands from H.M. to the inhabitants of
this Province, I had the honour formerly to transmitt to your
Grace, I referred the same to the Attorney Genll., whose report
thereon I herewith send your Grace together with the form of a
grant by him proposed, which the Council having approved of is
the form now made use of and which I hope will meet with your
Grace's approbation. Signed Robt. Johnson. Endorsed, R.
April 24th. Addressed. 1 p. Enclosed,
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46. i. Form of a grant of Crown lands, S. Carolina. The
grantees "yielding and paying therefore" 3s. sterl., or
4s. proclamation money per ann. per 100 acres. This
"grant is upon condition that" one acre for every 500
acres to be cleared and cultivated within 3 years, and
five head of cattle kept for every 500 acres etc. The
land to revert to the Crown if rent 3 years in arrears etc.
Signed, Robert Johnson. Printed copy. 1 p.
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46. ii. Report of Committee of Council and Assembly on
proposed form of grant. Consider the provision for
immediate and absolute forfeiture of the lands on non-payment
of quit-rent too strict. Five years is a reasonable
time wherein lands ought to be forfeited in case of
non-payment of the rent etc. Rights of fishery, hawking,
hunting and fowling ought to be included in the grant
etc. The rent should be stated to be in lieu of all
services etc. Copy. 1 pp.
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46. iii. Report of Attorney General on preceding report.
29th Jan., 1732. Criticises some of the suggestion and
encloses a draft of a grant he has prepared. Signed,
C. Pinckney, A.G. 1 pp. [C.O. 5, 388. ff. 78, 79 v.,
80, 81, 81 v., 83, 84.]
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Feb. 10.
So. Carolina.
|
47. Governor Johnson to the Council of Trade and Plantations.
Duplicate of preceding, mutatis mutandis. Signed, Robt.
Johnson. Endorsed, Recd. 18th April, 1733, Read 27th Aug.,
1735. 1 p. Enclosed,
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47. i-iii. Duplicates of preceding encl. i-iii. Endorsed as
covering letter. [C.O. 5, 364. ff. 215, 216 v.-218 v.,
219 v., 220, 221, 221 v.]
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Feb. 12.
Hartfield.
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48. Governor of Connecticut to the Council of Trade and
Plantations. May it please youre Lordships, This comes to
acknowledg the receipt of H.M. Instructions to me that I should
not consent to any Act for laying a duty on any of the manufactures
of Great Brittain on slaves or fellons that are imported into
this Colony, and it is a pleasure to me that I can assure youre
Lordships that there has never been any Acts in this Colony
contrary to these H.M. Instructions. We in this Colony are so
far from encombring a trade directly to Great Brittain that we all
lament the want of it ; we are studying all ways possible to promote
it, but the want of staple commoditys wherewith to make oure
returns has defeated oure projects hitherto : yet incourageing
our selves that in a little time we shall make some small progress
therein I am also to acknowledg the favour of Mr. Popple's letter
October 4th, 1732. I am glad to heare the book of oure laws
came safely to youre hands, Mr. Popple writes to me that your
Lordships want also coppies to inform you what of oure laws are
altered or repealed I am sorry I did not prevent you this trouble
by telling of you in my last that all repeals or alterations of oure
laws are contained in the same book of oure laws where your
Lordships will find them fully incerted as they are. All those
affairs and things in the Colony that you desire to be informed of
are the same as when I gave you my answer to your Queries,
saving that through God's Goodness the people are continually
multiplying and oure shiping now is as it is incerted in the inclosed.
There is no other materiall alterration as I know of. Signed,
C. Talcott. Endorsed, Recd. 25th June, 1733, Read 17th Sept.,
1735. 1 pp. [C.O. 5. 1268. ff. 160, 160 v., 165 v.]
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Feb. 13.
Tower
Hill.
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49. Mr. Harris to Mr. Popple. In reply to enquiry of 9th inst.,
states that in 1716 he laid before the Board all the papers and
proofs he had as to the right of H.M. subjects to cut logwood in
the Bay of Campeche etc. Signed, Rd. Harris. Addressed.
Endorsed, Recd. Read 15th Feb. 173 2/3. 1 p. [C.O. 388, 31. w. 69.]
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