America and West Indies: June 1735, 1-10

Calendar of State Papers Colonial, America and West Indies: Volume 41, 1734-1735. Originally published by Her Majesty's Stationery Office, London, 1953.

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'America and West Indies: June 1735, 1-10', Calendar of State Papers Colonial, America and West Indies: Volume 41, 1734-1735, (London, 1953), pp. 443-459. British History Online [accessed 23 June 2024].

. "America and West Indies: June 1735, 1-10", in Calendar of State Papers Colonial, America and West Indies: Volume 41, 1734-1735, (London, 1953) 443-459. British History Online, accessed June 23, 2024,

. "America and West Indies: June 1735, 1-10", Calendar of State Papers Colonial, America and West Indies: Volume 41, 1734-1735, (London, 1953). 443-459. British History Online. Web. 23 June 2024,

June 1735, 1-10

June 3. 582. Mr. Coope to the Duke of Newcastle. I beg to forward enclosed, as instructed by Govr. Mathew. As it relates to the piracys the Spaniards do still infect us with in those parts, I doubt not but your grace will do everything for our protection. Signed, Ri. Coope. Without enclosure or endorsement. 1 p.[C.O. 152, 44. f. 31.]
June 5.
583. Copy of A. Wheelock's Patent, (v. 30th April) [C.O.324, 49. pp. 124, 125].
June 5.
584. Council of Trade and Plantations to Committee of Privy Council. Pursuant to Order of 10th May, enclose following.
584. i. Draft of H.M. Additional Instructions to Governor Cunningham. A memorial having been presented unto us by you Our Governor, praying that in regard to the present distressed circumstances of that Island, the Legislature thereof may be restored to the liberty of laying a small duty on the import and export of negroes, till they shall be in a condition by other methods to raise the necessary supplies for the exigencies of that Government, and the support of Our Forces order'd thither for the protection of Our said Island; We have taken the same into Our royal consideration together with the report of the Lords of the Committee of Our Council, and of Our Commissioners for Trade and Plantations thereupon, and have thought fit to declare Our Royal Will and Pleasure, that in regard to the present circumstances of Our said Island, the Instructions given to Robert Hunter Esqr. the late Governor of Jamaica, on the 10th of December 1731, and now given to you directing you not to give your assent to any law imposing duties upon slaves imported into Jamaica, payable by the importe, or upon any slaves exported that have not been sold in our said Island, and continued there for the space of twelve months, be dispens'd with, and we do hereby impower you during the present exigencies of that Our Island, to give your assent to an Act for laying a reasonable duty upon negroes purchas'd in Our said Island, to be paid by the purchaser; provided the said duty be laid in such manner, that there shall not be more paid for the negroes which shall be purchas'd by the South Sea Company, than for those which shall be purchas'd by the inhabitants of Our said Island. [C.O. 138, 18.pp. 15–17.]
June 5.
585. Council of Trade and Plantations to the Committee of the Privy Council. Pursuant to your Lordships' order of the 16th day of April 1733, we have examined the petition of John Rindge, of the Province of New Hampshire in America, Esqr., complaining in behalf of the inhabitants of that Province, of great encroachments upon their lands, and other oppressions which they have suffered from the people of the Massachusets Bay, both in mattersof property and government, for want of fixed and known boundaries betwixt the said Provinces, which the people of New Hampshire have in vain used their best endeavours to settle in conjunction with those of the Massachusets Bay; wherefore he most humbly prays H.M. to declare and ascertain the several boundaries of the Province of New Hampshire, and to afford his oppressed subjects of that Province such relief in the premisses as to H.M. in his great wisdom and justice shall seem meet. We thought proper to communicate a copy of this petition, and of eight others upon the same subject from the inhabitants of the several countries of New Hampshire, to Mr. Wilks, Agent for the Province of the Massachusetts Bay, who having taken time to transmit the same to his principals, did on the 14th day of February 1733/4, lay before us a memorial in relation to his submitting the determination of the boundaries between the Provinces of the Massachusetts Bay and New Hampshire to such Commissioners as should be appointed by this Board: But his memorial not containing so full a submission of the determination which we should make upon this matter as Mr. Wilks had before promised, he desired leave to withdraw the same, in order to lay another before us which should be more to our satisfaction; and agreeable to this we received the next day a letter from Mr.Wilks in the following words. Quoted. Continue:—A copy of this letter having been communicated to the petitioner Mr.Rindge; we received the day following a 2nd petition on his behalf from his sollicitor Mr. Paris, setting forth that he has nothing to object against Commissioners being authorised to set out the boundaries betwixt the two Provinces; but that he was under a necessity of representing to us that the question which had been so long depending was, at what place the south boundary of New Hampshire, or which is the same thing, the northern boundary of the Massachusetts Bay, in that part which bounds to the So. ward on Newhampshire shall begin; or what course it shall run. That this question must receive its determination from the true and legal construction of the Charter granted to the Massachusetts Bay, and may not therefore be proper for the determination of meer surveyors or mathematicians in America, but may be proper for H.M. own royal determination here, with the advice of His Privy Council; which being once done and the place of beginning the bound lines and likewise the course they are to run being fixed, the matter would then be clear, and H.M. Commissioners would have very little trouble or difficulty in running the lines; wherefore he humbly prayed us to hear all parties by their Counsel, upon the questions where the boundary lines ought to begin, and what course they ought to run. Here upon we thought proper for our better information in a matter of this consequence, to communicate to H.M. Attorney and Sollicitor General, a copy of the Charter granted by their late Majestys King William and Queen Mary to the Province of the Massachusetts Bay in 1691, and desired their opinion from what point of Merrimaek River the dividing line between the Provinces of the Massachusetts Bay and New Hampshire ought to begin, according to the intent and meaning of the said Charter. In answer to this query the Attorney and Sollicitor General have acquainted us by their report dated the 19th day of March last, that they have been several times attended by the Council and Agents of both Provinces. That the Council for New Hampshire offered several arguments to prove that the said dividing line ought to be taken from three miles north of the mouth of Merrimack River. That the Council for the Massachusetts Bay would not say what it was that they insisted on, or give any answers to what had been urged by the Counsel on the other side, but declared that in their opinion the question which was proposed to the Attorney and Sollicitor General by this Board would not determine the matters in dispute; and that therefore they thought it unnecessary to say any thing upon it. That whether this be so or not they are not able to judge; but as to the question referred to them, they are of opinion, That the dividing line between the Province of New Hampshire and the Province of the Massachusetts Bay is to be taken according to the intent of the Charter of William and Mary from three miles north of the mouth of Merrimack River where it runs into the Atlantick Ocean. Since this report we have been again attended by the Sollicitor for the petitioner and the Agent for the Massachusetts Bay, and have heard what either side had to offer by their Counsel upon this occasion; and upon the whole we take leave to offer our opinion to your Lordships, that H.M. should be graciously pleased to appoint and authorise Commissioners to be chosen from out of the neighbouring Provinces of America, to meet within a limited time, and mark out the dividing line between the said Provinces of the Massachusetts Bay and New Hampshire: and we shall take care copies of the above said opinion be given to each of the said parties for the information of the Commissioners, in case any doubts should arise amongst them upon the construction of the said Charter granted by K. William and Q. Mary to the Province of the Massachusetts Bay. [C.O. 5, 917. pp. 117–123.]
586. Lord Harrington to the Council of Trade and Plantations. Encloses following received from Mr. Walpole, H.M. Ambassador and Plenipotentiary at the Hague in answer to their Representations, which had been put into his hands, and extracts from letters concerning the new prohibitions and the 10 p.c. laid upon goods at Stockholm etc. Signed, Harrington. Endorsed, Recd. 16th, Read 19th June, 1735. 2 pp. Enclosed,
586. i. Mr. Walpole to Lord Harrington. Hague. May 20th N.S., 1735. He put the papers sent him relating to the Treaty of Neutrality lately concluded for the French and Dutch inhabitants of St. Martin into the Graffier's hands, who was then a stranger to that matter. Continues: The Graffier has since communicated ye said papers to the Pensionary of Amsterdam to be laid before the West India Company who, it seems, have the principal direction of the American Colonies etc. He now informs me that the Directors of the said Company have communicated to him the several extracts of the Register of their proceedings (enclosed), as containing all that had yet come to their knowledge etc. M. Bassecour assures me, that as they have not yet taken any step upon [the Treaty], I need not apprehend their recommending it to the States General to be certified; and indeed the answer, which your Lordship sees, they returned to the Governor of St. Eustache, who appears to have desired to make a like treaty by the inhabitants of that Colony, seems to confirm the assurances M. Bassecour has given me etc. Signed, H. Walpole. Endorsed as preceding. Copy. 2¼ pp. Enclosed,
586. ii. Extract from letter from Governor and Council of St. Martin to the Directors of the Dutch West India Company. 18th Aug., 1734. Enclose treaty made with the Governor of Martinique (v. C.S.P. 20th Nov. 1734) for ratification by them and the States General etc. Signed, Jacobus Barri and 5 others. French translation. 1¾ pp.
586. iii. Extract from Register of Resolutions by the Directors of the Dutch West India Company, 11th Oct. 1734.Having considered the request of the inhabitants of St. Eustatius, presented to their Governor, for a treaty of neutrality in the case of a rupture between the Republic and France, the Directors, since the Republic is at present at peace and on terms of friendship with France, do not see that the inhabitants of St. Eustatius have any reason for anxiety etc. They will warn them of any change of the situation in Europe, and instruct them in the mean time to leave things as they are etc. Signed, Richard Karsseboom. Endorsed, Recd. 16th, Read 19th June, 1735. French translation.1¼ pp.
586. iv. Extract from Register of Resolutions by the Directors of the Dutch West India Company. Oct. 11, 1734.The letter from the Governor and Council of St. Martin (No. ii.) was entered for reference (prendre pour notification). Signed and endorsed as preceding. French translation. ¾ p. [C.O. 152, 21. ff. 42–46, 50, 50v., 51v.]
June 7.
587. Governor Belcher to the Duke of Newcastle. Repeats his request (Jan. 9) for a gift of hemp-seed for the Province as "the people are mightily spirited to go upon it." P.S.—Encloses Journal of the House of Representatives to the dissolution of the last Assembly. Signed, J. Belcher. Endorsed, R.20th July. 3 pp. [C.O. 5, 899. ff. 134–135v.]
June 7.
588. H.M. Warrant for appointing James Gordon Chief Justice of St. Christophers in the room of Jeremiah Brown. Countersigned, Holles Newcastle. [C.O. 324, 36, 50. pp. 45, 46, 506, 507].
June 9.
589. Governor Belcher to the Duke of Newcastle. The last month I went to my other Government of New Hampshire, and held an Assembly of three weeks. Will transmit account of what passed therein as soon as received from the Secretary. Continues: The 28th of last month I conven'd a new Assembly of this Province, and now inclose to your Grace their journal so far as they have proceeded; and I hope they will give proofs of their duty and loyalty to H.M., and love to their country in giving the best dispatch to all the publick affairs. I have now the honour to cover to your Grace a bill pass'd by the House of Representatives, and by H.M. Council the 7th currant of £3000 for my support, which indeed ought at this day to be more than £5000of their wretched bills of credit, to comport with H.M. royal Instruction, and which your Grace will see I have mention'd to them in my speech, but to little purpose; and £3000 in their bills is now come to be less than £600 sterling; and unless, my Lord Duke, they are obliged to issue their bills, for the future, on a foundation of silver or gold, they will in a little time become like blank paper. I now again humbly ask the favour of your Grace, that I may obtain the royal leave for giving my assent to this bill: and I would humbly crave of your grace that the leave may be general for the future, which would save me from spending my salary a year before I can recieve, as well as from suffering by the continual sinking of the value of the bills in which they pay me, and from many other hardships I am loth to trouble your Grace with etc. Signed, J. Belcher. 4 pp. Enclosed,
589. i. Copy of Act of the Massachusetts Bay for granting £3000 for the support of H.M. Governor. June 7, 1735. 1 p. [C.O. 5, 899. ff. 136–138).
June 10.
590. Minutes of the Committee of the Privy Council for Plantation Affairs. The Lords of the Crown this day took into consideration the state of the British Islands and Colonys in America, and being attended thereupon by the Lords Commrs. for Trade and Plantations, the Committee recommended to them to draw out with all expedition a particular state of each of the said islands and colonys, and also to cause an abstract to be made of all the papers relating thereto, which were moved for in the Address of the House of Commons of 12th May last, and lay the same before this Committee together with their opinion thereupon; and the said Lords Commrs. were desired to begin first with the Island of Jamaica, and to lay a state thereof before this Committee on Wednesday next at 11 o'clock. The heads of the Committee took into their consideration a draught of an Instruction prepared by the Lords Commrs. for Trade for Henry Cunningham, Govr. of Jamaica to dispense with an Instruction given to the late Govr. 10th Dec., 1731, whereby he was restrained from passing any law imposing dutys upon slaves imported into that island payable by the importer, and to empower Govr. Cunningham, during the present exigencys of that island to lay a reasonable duty on negros purchased in the said Island to be paid by the purchaser; provided the said duty be laid in such manner that there shall be no more paid for the negros which shall be purchased by the inhabitants of the island; and the lords of the Committee agreed to lay the sd. draught of Instruction before the Queen as proper for her approbation. They also took into their consideration a memorial presented by the sd. Govr. praying that directions may be given for supplying the troops lately sent to Jamaica with salt provisions, and heard Mr. Cunningham thereupon, and finding that the sd. troops do receive an additional pay from the inhabitants of the said island over and above the pay allowed them by Gt. Britain; their lops. agreed to report to H.M. as their opinion, that it is not reasonable there should be any farther additional allowance made to the sd. troops on account of provisions by Great Britain, but that the Council and Assembly of Jamaica may in lieu of the additional pay granted by the sd. island furnish such provisions to all the said troops or such a part of them as shall be actually upon duty, according as they shall judge necessary and proper etc. Upon that part of Govr. Cunningham's memorial praying for a supply of stores and tools etc., their Lordships thought proper to order that the Board of Ordnance should prepare an estimate of the charge of the sd. stores and implements, distinguishing the value of the small arms and powder from the other stores, the same being to be paid for by the sd. Island. 2¾ pp. [C.O. 5, 36. ff. 34–35].
June 10.
New York.
591. Governor Cosby to the Council of Trade and Plantations. With this I do myself the honour to transmit to your Lordships the Acts of Assembly pass'd att New York the last year whereon I shall make such remarks as will lett your Lordships into the reasons for the Council and Assembly's passing them and for my giving my assent to them, and that I may avoid repetition as much as possible I will consider all those together that have any connection or dependance on each other. No. 1. An Act to lay a duty of tonnage on the vessells and for the time therein mentioned.7. An Act for fortifying the City of Albany and Schenectady and other places in the County of Albany. 11. An Act to lay a duty on the goods and a tax on ye slaves therein mention'd during the time and for the uses mentioned in the same. 12. An Act to prolong the duty of tonnage etc. 13. An Act to strike and make current, bills of credit to the value of twelve thousand pounds on the funds and for ye uses therein mentioned. 14. An Act to appoint and impower Commissioners for erecting fortifications in this Colony att the several places therein mentioned. All these principally relate to one and the same thing vizt. the putting the Province in a posture of defence. Your Lordships very well know that this Province is a barrier to the Southewards against Canada and as such ought att all times to be well fortified for their defence as well as our own, wherein the Crown has thought it reasonable that they should be att some part of the expence; however, as those gracious intentions have not hitherto had the intended effect, the people of this Province have chose rather to perswade themselves into an opinion of their security from their own poverty and the weakness of their neighbours of Canada then att their own expence to make proper fortifications for their defence, but as the posture of affairs in Europe appeared to us att this distance to threaten a rupture with France, I laid hold of the people's apprehensions to engage them to build those fortifications both on our frontiers towards Canada, and in the town of New York which lay exposed to the insults of a few ships, there being nothing to hinder them from entering the harbour and takeing or destroying our vessells and burning the town; I flatter myself, my Lords, that H.M. upon your Lordships' representation will be graciously pleased to think favourably of what I have done, for I am confident there is no way so effectual to recommend me to His Grace and favour as this which is intirely agreable to his paternal tenderness and care of his subjects, this work so highly necessary yet met with many rubs, the poverty of the country was strongly urged and the difficulty of finding such funds as were likely to go down with a majority of the House and would answer the end too, was not easily got over, nor was I without some strugle with myself brought to submit to the strikeing of paper money, however as I conceived the work to be of the highest importance to H.M. in the preservation and defence of His Province and as there was no possibility of raising the money in a shorter time then is given to the bills of creddit, as the sum to be struck is but small, that if in the meantime a rupture with France should ensue, this and the neighbouring Provinces would lye open to the attacks of the enemy I prevailed with myself to give my assent to those bills hopeing for H.M. pardon on your Lordships' representation, which I the more confidently ask as I do with the utmost truth assure you that I have in this whole affair thrown by all considerations of my private interest; upon a thorough deliberation therefore I presume to hope your Lordships will recommend these Acts to H.M. for his royal approbation. No. 2. An Act for granting to the people called Quakers residing within this Colony the same priviledges, benefits and indulgencies as by the laws and statutes now remaining of force in that part of Great Britain called England the people of that denomination are intituled unto within those dominions. Under the former Acts of Assembly the Quakers could not vote for Assembly men without taking an oath; it's certain they are not the most tractable people where they are numerous as in one or two Counties they are. 3. An Act to prevent small stallions from running att large in the Colony of New York and to geld such as shall be under the size therein mentioned. This Act is intended to mend the breed of horses in their size, for att present they are small and will be smaller still unless care be taken. 4. An Act for regulating the ruts of waggons in Duches County, one or two counties in the Province having formerly obtain'd Acts of Assembly to make their waggons of a larger and equal size and this County having observed the benefitt the people have had by it are desirous to tread in their steps. 5. An Act for regulating the choice of a representative for the manor of Courtland in the County of Westchester. The reason of this bill appears in the body of it, the King by his grant gave Courtland ye priviledge of haveing an Assembly man for his mannor but as there were no directions in the grant how the choice should be made this Act supplys that deflect. 6. An Act for the better explaining and more effectual putting in execution the Act of General Assembly therein mentioned; proper houses for holding courts in the counties and good prisons are necessary buildings, in this county; they wanted both and the Act recited in this not being sufficient to answer the end this was passed to make it effectual. 8. An Act for regulating the rates to be taken for ships and other vessels using the way called Burnets Key in the City of New York. The owners of this wherof having att a great charge carry'd it a considerable way into the water whereby almost any of our vessells can carrean there with more ease and less expence both of money and time than they used to do by hulks when rideing att anchor in the river are desirous to have the rates which the merchants have hitherto voluntarily paid them settled by a law.9. An Act for naturalizing Abraham Housman, John Groudain,Jacob Boss, Frederick Beeker, Johanis Wedderlin, Conrode Brightmior, Johanes Spater, Zacharias Huber, Peter Crutter and Johanes Vanwyck. 1. An Act for discharging a certain obligation enter'd into by Cornelius Cuyler of the City of Albany, merchant, to the Treasurer. Neither of these acts want anything more to be said of them than that the first encourages the people of the country, the last explains itself. 15. An Act for the partition and division of a certain tract of land in Dutchess County granted to Sampson Broughton, Rip Van Dam, Thomas Wenham, Roger Mompesson, Peter Faucounier, Augustine Graham, Richard Sackett and Robert Lurting. The Acts of Assembly that have been heretofore passed in this Province for the partition of lands, especially the last general act that was made in Mr. Burnett's time having not guarded against the encroachments which the grantees might make on the Crown lands or other contiguous grants, and being in other respects to loosely worded or giveing to much room for fraud or surprise, the persons who petitioned for this Act having nothing in view but a fair and equitable partition, have in this shunned those causes of objection which proved the fate of that and have conceived it in terms altogether agreeable to justice and the circumstances of the Province, hopeing only for an honest and necessary aid to enable them to divide their lands that they may be thereby impower'd to pursue the end and intention of the grant in peopling and cultivating the Province; and I own that I find so much justice in it that if I had no other reason to induce me I should very frankly give them my utmost assistance; but, my Lords, there are others that weigh very much with me, the fate of the Act pass'd in Mr. Burnett's time has been a principal cause not only that people have not come from abroad to settle among us but has likewise drove many of our own people to the neighbouring Colonies, for tho some hardy men have ventured without a partition to settle some parts of the undivided lands in the country, yet those are but few, and the rest more cautious have chose rather to neglect a present advantage then rashly to engage in a thing that in the end will involve them inexpensive law suits and lasting trouble. This Province is the frontiers to the other Provinces against Canada and as such the peopling of it ought I think to be encourag'd, nor is there a more effectual way to do it than by enabling the proprietors to divide their lands in the manners prescribed by this Act, I see no inconvenience in it either to the Crown or to the subject but many present and great advantages to the publick from the settlements that will be made in consequence of partitions, especialy of those tracts of land that lye between Albany and New York, of which this is one, among other advantages this being one that we shall keep our own young people from going to the other Colonies, for they are very unwillingly brought to settle the frontiers; as for the extream part of the Province beyond Albany where there are large tracts still in the grant of the Crown other methods are to be taken for the settling them and we have already fallen upon a scheme that I think will fully answer the end, which is to give grants gratis (all the offices concerned have consented to it)of 100,000 acres of land clear of all charges but the quit rent, in 200 acres to a familly to the first 500 protestant famillys that come hither from Europe on that encouragement and I have already caused advertizements with the advice and consent of Council to be printed and sent to several parts of Europe. Upon the whole, my Lords, whether you consider the common strength and wealth of the country, the increase of trade or the justice and equity of this Act, I perswade myself you will think with me that it is highly reasonable and necessary to be passed into a law, and I hope from your Lordships' goodness and care of the Provinces, for your recommendation of it to H.M. for his royal aprobation.16. An Act to lay a duty on empty casks imported into the City of New York during the time therein mentioned. The preamble of this act setts forth the reasons for the passing it and they are very true. 17. An Act for the further continueing an Act entituted an Act to lett to farm the Excise of strong liquors retailed in this Colony for the time therein mentioned and for declaring shrub lyable to the same duties as distill'd liquors. This Act being that fund for sinking the paper money formerly struck here and being the same as has been annually passed for several years, I need make no further remarks on it. 18. An Act to prevent desertion from H.M. forces in New York. 19. An Act for the further continuance of an Act intituled an Act for settling and regulating the militia in this Province, and makeing the same usefull for the security and defence thereof and for repealing all other acts relateing to the same, likewise the several Acts whereby the same has been revived and continued. These two Acts carrying their reason with them I will not give your Lordships the trouble of any observations on them etc. Continues: The Attorney General of this Province having filed a bill in ye Court of Chancery against the pattentees of a patent granted by Collo. Montgomerie for some lands in this Province in order to make the same void, being as the bills suggests obtained by fraud and surprize, and having served those dependants who live in this Province with supeenas to appear and answer, several of them instead of answering have given in exceptions under their hands to the constitution and jurisdiction of the Court, your Lordships well know that the Court of Chancery has been often attacked and warmly voted against by the Assemblys of this Province, and its authority as often asserted by H.M. Governors and Council, and the Governors countenanced and protected by your Lordships' board; but this is the first time that any private persons have ventured to question it, and since former Governors have withstood the resolves of the Assemblys and have been justify'd in it, I should be unexcusable if upon a weaker assault I should give up the King's authority, nor do I dispair of the like protection that my predecessors have reced; I assure your Lordships I am not att all fond of haveing any suits brought before me in that Court and this is the onely one that has been commenced in my time, but when the Attorney Generall for the King or others for the releif of their clients think it necessary to do it I dare not deny them, I am surprised indeed and I beleive your Lordships will think it very extraordinary that three of H.M. Council, and they, to, three of those Councellors who warmly censured the resolves of the Assembly against the legality of the Court of Chancery in 1727 should sign these exceptions against the same Court, nor are they content with that but openly and avowedly declare their opinions against the King's authority to establish Courts of Equity in the Plantations, a doctrine very opposite to the opinions which I have seen under H.M. Attorney and Sollicitor General of England, and to the opinion of your Lordships' board signify'd in a letter to Collo. Hunter of the 12th of June 1712. My Lords, I am to act in matters of moment (and there can be none of greater moment than those wherein H.M. prorogative is concerned) by and with the advice and consent of Council. What advice or what consent I am like to have from such men your Lordships will readily guess, there are many things that I dare not, I cannot do without the advice of the Council, and yet if I follow such advice as these men will give me, I may be more criminal; I have no ways therefore to do my duty with my preservation of my honour but to leave it to your Lordships' judgment whether they are fitt to sitt in H.M. Council here or not. I have formerly acquainted your Lordships that a majority of the Council have declared that they could not sit att that Board with Mr. Vandam after the open and scandalous aspersions he has thrown upon them in printed libels and papers industriously disposed in the Province, and recommended Mr. Paul Richards, merchant of this town of good estate and credditt, to be appointed in his room, this I also submitt to your Lordships' judgments. I do myself the honour to inclose to your Lordships a copy of the exceptions against the Constitution of the Court of Chancery, which by order of the Court on the motion of the Attorney Generall comeing onto be heard the 5th instant, Mr. Horsmonden, one of the Council for the King in this cause, open'd the nature of the bill and pray'd to have the exceptions read, which being done he stood up to argue that point but I would not suffer either the Council for the King or for the defendants to speak to it, telling them that those exceptions were of so extraordinary a nature that I could have no arguement upon them, that I was fully sattisfied in my own judgment of H.M. undoubted right to errect Courts of Equityin his Plantations and that I was not singular in my opinion. I order'd the inclosed extract of minutes of Council to be read, and then dismissed the exceptions, ordering the defendants to answer by a certain day, and I have the sattisfaction to understand that my determination is universally approved of by all but the defendants. I shall go shortly to Amboy to hold the Assembly of that Province where I shall meet with some difficulty to get a sufficient number of Councellors together to make a Council. If those I recommended to your Lordships to be appointed for that purpose have your Lordships' aprobation, I intreat you to recommend them to H.M. that I may receive their apointments as soon as possible for the reasons here mentioned. I likewise do myself the honour to send your Lordships Mr. Kenedy's account of the Quit rents from ye 29th of Septr. 1733 to the 29th of Septr. 1734. Signed W.Cosby. Endorsed, Recd. 12th, Read 14th Aug., 1735. 9 pp. Enclosed,
591. 1. Exceptions offered against the constitution of the Court of Chancery in New York. The signatures do not acknowledge any legal authority in Governor Cosby to call them in question and to give any relief in Equity upon the bill filed against them by Richard Bradley, Attorney General. Quote Acts of New York, 1683, to settle Courts of Justice etc., and act of 1691 for establishing Courts, enacting that the Governor and Council should be and hold a Court of Chancery. After the determination of four temporary acts 1692–1697, no other Court of Equity ought to have been held in the Province but by the authority and pursuant to the directions of the said perpetual law of 1683, with a further legislative act to warrant the same etc. Signed, Benjamin Birdsil, John Thomas, James Alexander, Cadwallader Colden, Abraham Van Horn, Isaac Hicks, William Smith, Jacobus Bruyn, Vincent Matthews, William Forster. Endorsed as covering letter. 67 pp.
591. ii. Accompt of H.M. Quit-rents for New York, 29thSept. 1733–1734. £444 10s. 2¼ d. Paid, £514 7s 10¼d., (salaries and incidental charges). Totals: Receipts, value in Proclamation money, Audited by, Geo. Clarke, sworn to by, Archibald Kennedy, Receiver General. Same endorsement 4 pp. [C.O. 5, 1057. ff 96–100; 100, 101v.(abstract), 103v., 104–170 recto only; 170v, 171v.,172, 173–174]
June 10.
592. Mr. Bladen to the Duke of Newcastle. The enclos'd papers wou'd have reach'd you sooner if I had had the good fortune to have met with your Grace last week at your Office; they contain an answer to the questions you was pleas'd to ask me, vizt. what was necessary to be done in the Plantations? and where we shou'd begin? One of them is intituled Reasons for the immediate peopling of Nova Scotia, and the other chalks out a method for beginning that necessary work. Let me intreat your Grace to take the trouble of reading them, and I will wait on you to-morrow morning, to receive your further commands upon this subject. Signed, M. Bladen. 1 p. Enclosed,
592. 1. Reasons for peopling of Nova Scotia. It is obvious to every man who considers the nature of our Constitution, that enlargement of territory in Europe is neither agreable to our interest, nor to our inclinations. That nature has set us boundaries in this quarter of the globe, which we never transgress without great inconvenience, that our most glorious exploits have ever been burthensome to the people, and our fairest conquests of very short duration. But to make amends she has given us the four seas to command, the wide ocean to range in, and a new world to try our industry. And if the British Dominions on the Continent of America were well peopled, and wisely govern'd, we might soon raise a far nobler Empire there, than the greatest success of our arms, or the deepest penetration of our Councils cou'd possibly acquire us elsewhere. For tho' our Colonies have not hitherto any mines of gold or silver to boast of, yet the consequences of their trade under proper regulations would afford this Kingdom more solid advantages both in wealth and power, than the Spaniards reap from their Kingdoms of Mexico and Peru. The extent of the British Dominions upon the sea coast, from the mouth of the River Alatameha in Carolina to that of St. Lawrence northward is a compass of near 1500 miles. Few Princes in the world have so large and valuable a territory, or so fair a field for exercising all the arts of trade and Government; for making the poor and needy usefull to the publick; for enlarging our commerce, and navigation; for rendring us independent of the Northern Powers for every species of naval stores; for encreasing the publick revenues; and for adding considerably to the civil List. But to our reproach it must be confess'd, that this noble patrimony has in all times been too much neglected; and that the advantages we at present reap from thence, which are still capable of very great improvements, are rather owing to Providence or to the risque and industry of private adventurers than to any encouragement either from the Crown or from the Legislature. And as matters have gone on in this way for many generations, the blame is rather to be imputed to our ancestors, who have set us this careless example, than to those who have follow'd it; but it is not yet too late to amend; and when can we hope for amendment but under the reign of so auspicious a Prince, as now sits upon the British throne, and from the conduct of an administration so zealously inclined to employ their great abilitys for the service of their King, and for the welfare of their country. But to enter into the general acconomy of the trade and government of the British Plantations would be too copious a theme for the compass of this paper; they may be the subject of a future dissertation. For the present I propose to confine my thoughts to some considerations only upon the present state of Nova Scotia, which seems to require our more immediate attention. This Province was conquered by Genl. Nicholson in 1712 and afterwards surrender'd to Great Britain by the Treaty of Utrecht in the year 1713, with all its ancient limits and dependencies; the Crown has been at the expence of keeping a regiment in it ever since, to maintain our possession; for we have no civil inhabitants there, except about 3000 French papists, who have remain'd in Nova Scotia, ever since the Treaty of Utrecht; and some few, very few English Protestants, whom the advantage of the fishing at Canso has occasionally drawn hither, and who can hardly be call'd settled inhabitants. But it is of very great consequence to the British interest, that this Province should be settled without loss of time, for the following reasons. The coast of Nova Scotia affords a much better fishery than that of Newfoundland; the soil is capable of producing naval stores of most kinds in great plenty and all the necessarys of life, and it is now almost the only part of America where a lasting provision of timber can be secur'd for the service of the Royal Navy. This Province is our Northern frontier, on the Continent of America; and if it was well settled might prove of great security to the rest of our Northern Colonies. But if this county be not settled, upon the first rupture with France it will certainly be lost, being hemm'd in on two sides by the French Settlements, where the greatest strength of that nation lyes. Cape Breton and all the other Islands in the mouth of the river of St. Lawrence, and in the gulph of the same name, were by the 13th Article of the Treaty of Utrecht reserv'd to the French, tho' most of these Islands were heretofore included in the antient boundarys of Nova Scotia. By this reservation, our peacemakers have given us a very troublesome neighbourhood; for the French have planted and well fortifyed Cape Breton, and Lisle Madam formerly call'd the Island of St. John tho' the first of them is only a barren rock, being well aware how much it imports every wise nation to be strong in the extreem parts of their Dominions. And these two Islands do not only lye contiguous to the mainland of Nova Scotia, but do in great measure flank the coast from the Gut of Canso to the Island of Anticosta in the mouth of the River St. Lawrence, where Canada begins and flanks another side of this Province. Nor are these the only quarters from whence we have reason to be apprehensive of danger, for it has already been observ'd, that there are about 3000 French inhabitants now remaining in the heart of Nova Scotia, who have but very lately, and with great difficulty been prevail'd upon to take the oaths of allegiance to the Crown of Great Britain, and who still profess the Roman Catholick religion, the free exercise whereof they are entitled to by the Treaty of Utrecht. Tis very probable these people might in case of a rupture, obtain dispensation for renouncing their new allegiance and joyn with their countrymen to reconquer this Province for the Crown of France. That the French have a great desire to have this Colony again is not to be doubted; they are perpetually making encroachments upon it; and have already set up a claim to above two thirds of the country, pretending that the bounds of Nova Scotia should be confin'd to the Peninsula of Acadie, tho it is evident by King James the first's grant of this Province to Sr. Wm. Alexander that the River of St. Lawrence is the ancient establish'd and natural boundary between us and Canada, and has ever been so reputed. It highly imports us therefore, by all possible means to prevent the loss of so valuable a possession. It must be confess'd the coldness of the climate; the want of a settled government and of sufficient security to defend planters from the insults of the Indians; the cheapness of land in other British Colonies already settled; and the greater conveniency for planting elsewhere, have concurr'd to prevent the settling of this Province and that considerable encouragements must be given to overcome the difficultys. Yet if Nova Scotia should by any accident fall into our neighbour's hands, the loss of this country would be matter of great reproach to the British Nation, who have now had it so many years in their possession—and have made so little progress in planting it, while the French have so strongly setled and fortify'd two miserable Islands, upon the coast of this Province, that they may be the better able to invade it, when a proper occasion shall offer for that purpose. The zeal which some gentlemen have shewn of late for making settlements, and for securing our southern frontiers on the Continent of America, between the rivers of Savanah and Altamaha, is likewise an example that will reflect some discredit upon the publick, if the same or greater care be not taken of our northern frontiers where our rivals on that Continent are much stronger than in any other part. But these examples are not to be imitated without considerable expence. Jamaica and South Carolina, poor as they are, have made great efforts in this way, for their own security, as may appear by several acts of their Assemblies; and many proposals have been made at different times by the Board of Trade, for the settling of Nova Scotia, a copy of one of the Reports upon that subject is hereunto annexed; and if part of the money arising from the sale of the French lands in the Island of St. Christopher's was apply'd to this purpose, it could never be laid out to better advantage, or at a more seasonable juncture, while so many poor Protestants all over Germany are obliged to leave their native land on account of religion, and while the Protestant Powers of Europe seem to rival each other in making provision for those miserable people. Numbers of these unfortunate objects might probably be engag'd on reasonable terms, and by exercising the publick charity towards them, we might at the same time procure to ourselves usefull militia, for the defence of our American Dominions. Some assistance likewise might be had, for this purpose from the gradual discharge of soldiers in Col. Phillips's regiment if they were marryed; but without women, should they be recruited to Eternity, they would still be like the first Romans Populus unius generationis; therefore no new recruits should be rais'd for this regiment for the future without wives. But it were needless to enter more particularly at this time into the methods that might be propos'd for planting of this country, or into the detail of a scheme, for transporting and setling numbers of people there. This may easily be digested, when the general proposal shall be approv'd of, and provision made for so necessary an expence: for the present I shall only add, that the nakedness of this country; the credit of the administration; the King's service; and the interest of Great Britain strongly require that speedy and effectual measures should be taken for the peopling of Nova Scotia. 4¾ pp.
592. ii. June 3, 1735. [By Mr. Bladen]. It would seem, by the vast number of Papers call'd for at the latter end of the Sessions, that some gentlemen fancy, they should be able to make wonderful discoverys, or at least to bring the whole acconomy of the Plantations out of their ordinary channel, under the immediate inspection of Parliament. But no neglect in matters relative to the Plantations can justly be imputed either to the Board of Trade or to the Administration; and in all probability the more Papers these gentlemen call for, the more they will be convinced of their error. Tho' it is really impossible their orders should be comply'd with for some years to come, if the utmost diligence were employ'd in procuring proper returns to them. These enquirys however shou'd remind the King's Servants, of taking the lead in all things necessary to the security, and welfare of the Plantations. And it is presumed the most necessary point to begin with should be that of peopling Nova Scotia. The reasons hereunto annexed will sufficiently evince the importance of this undertaking; they were written some time ago, and (tho no Office Paper) conceived in terms not improper to be laid before the King. Those reasons by the present scituation of affairs are become still more cogent, and therefore it is high time to consider of the means for accomplishing so necessary a work. But that the Administration may have as much credit, and as little trouble as may be in the execution of this project, it is with great submission propos'd, that my Lord Duke of Newcastle should write a letter to the Board of Trade to the following effect. That the King having by the advice of His Council, completed the purchase of the widow Campbell's right to the lands and signiory of Nova Scotia, whereby H.M. is enabled to make a good and sufficient title to such lands in the said Province as he shall grant to any of His subjects, disposed to settle there. It is Her Majesty's pleasure, that the Lords Commissioners for Trade and Plantations should forthwith consider of the most speedy and effectual measures for peopling of the said Province, and that they should receive proposals for that purpose from any of H.M. subjects or even from foreigners being Protestants. 1 2/3 pp. [C.O. 27, 39. ff. 136, 138–140, 142, 142v.]