America and West Indies: November 1736, 11-20

Pages 324-335

Calendar of State Papers Colonial, America and West Indies: Volume 42, 1735-1736. Originally published by Her Majesty's Stationery Office, London, 1953.

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November 1736, 11-20

Nov. 11.
451. Council of Trade and Plantations to Governor Gabriel Johnston. Since our letter to you of the 16th of March last, we have receivd one from you of the 5th of December. 1735, and the Acts therewith sent, relating, among other things to small duties imposed in North Carolina on liquors imported, and on shipping, called by the name of powder mony. But as this letter was not receiv'd till the 10th of May last, it was of no service to us, in the Report which we had made to Parliament some months before, and for which we had wrote to you on the 17th of June, 1735, for an account of duties and impositions &c. With regard to the Acts of the Province pass'd during the time that the Charter subsisted, you tell us that except six of them, none were ever ratified as the Charter directs; and that therefore whenever you found any of them, which encroach'd upon the King's Prerogative or the Revenue, you took advantage of this defect, and would not allow them to be laws. As you have not mention'd to us, in what particular these Acts were not ratified, according to the direction of the Charter, we are at a loss to know what you mean by the objection you raise: But if your objection is the same, as that raised by Mr. Smith, Chief Justice in your Province in a Memorial he presented to us, while he was in England and of which we send you a copy, all that we can say to you at present is, that his memorial lies before the Attorney and Solicitor Genl. for their opinion concerning the validity of those laws, and when we shall receive their report, we will take them into our consideration, and you shall hear further from us, upon this head. In our letter to you of the 12th of September, 1735, we desired you would send us a full description of the Boundary Line, between South Carolina and your Province, and a draught thereof sign'd by the Commissioners, or an authentick copy thereof, under the seal; but as we have not yet receiv'd it, we must desire you will not fail sending the same, by the first opportunity, and that for the future you will be more punctual, in sending to us such papers as we particularly write to you for. We are glad to find you have made so great a progress in the recovery of H.M. Quit rents in arrears. Upon the subject of the Seal of the late Lords Proprietors which you imagin'd might yet remain in the Province and in that case be of bad consequence, should it privately be affixed to those quires of blank patents which you apprehend remain in the custody of some persons in your Province, subscribed with the names of the Proprietors' Council, but not sealed; we have talk'd with Capt. Burrington, the late Governor of North Carolina, who has assured us that upon his arrival there, he took the Proprietor's Seal into his custody, and kept it till H.M. seal was sent over to him from hence; upon the receipt of which he had transmitted that belonging to the late Proprietors to his Grace the Duke of Newcastle, in order to its being defaced by H.M. in Council. [C.O. 5, 323. Ff. 121 v.–123.]
Nov. 12.
452. Council of Trade and Plantations to Governor Fitzwilliam. Acknowledge letters of March 8th and 20th, and acquaint him with their letters to Sir Wm. Yonge, Duke of Newcastle and Admiralty thereupon. June 29th, Oct. 27th and Nov. 4th. Enclose extract of Admiralty Instructions to the Captain of the station sloop. Continue:—As these matters now lye before the proper Offices, we can by no means pretend to give you any advice with regard to your proposed intention, of rebuilding the Barracks at your own expence, and depending upon your being reimbursed that charge. We had some time ago under our consideration, the estimate of the charge of repairing and rebuilding your fortifications, as estimated by the Engineer and yourself but not being proper judges of those charges, we could only give our opinion, that considering the importance of the Bahamas with regard to their situation they ought to be properly fortified; and that if this was well done the security resulting from thence would naturally be the means of drawing great numbers of inhabitants thither. We must now remind you of our letter of the 8th of August, 1735 to which you have not as yet returned us any answer, and at which we are very much surprized, as we might have received one long before now, we must desire that for the future you will be more punctual in your correspondence with us, and more carefully transmit to us copies of such papers and records, as by your Instructions you are required to do. Mr. Jackson, Collector of the Customs of Providence, having in a memorial to this Board represented some very great hardships and oppressions imposed on him by you, for having faithfully discharged his duty; and having laid before us some certificates sworn to here, before a Master in Chancery, to the truth of the particular allegations in his Memorial against you; we take this opportunity of sending you the inclosed copies of the Memorial and affidavits, to which we desire you send us your answer as soon as may be. As these complaints are of a very extraordinary nature; we think it will be incumbent on you to lose no time in the answering of them. We likewise desire you will at the same time send us an authentick of the trval and proceedings had against the twelve soldiers, and the French pilot who were condemned and executed at Providence for an act of piracy, of which you make some mention in the copy of your letter to Sir William Yonge, inclused in your letter to us of 8 March last. And an exact account what number of effective men are at present mustered in your company. [C.O. 24, 1. pp. 312–315].
Nov 12. 453. Memorandum of papers sent to Governor Fitzwilliam with above. [C.O. 24, 1. p. 316].
Nov. 12.
454. Governor Fitzwilliam to the Council of Trade and Plantations. Encloses following and duplicates of letter and enclosures, March 26th. Continues: Before I left England I humbly submitted to your Lordships' consideration, whether adding Turks Islands, which are adjacent to these, and part of H.M. Dominions to this Government, would not be for the publick service; and indeed I am now more convinced than ever that any proposal, in regard to that matter, is worthy your Lordships' further notice, for, by the illegal practices carried on by the inhabitants of Bermuda and the Northern Colonies among those Islands, the exportation of salt out of this Government is almost at an end, and the trade of Great Britain hurt by the supply of French European goods carried from thence to the Continent besides the prejudice is considerable done our Sugar Colonies, by the great quantitys of French rum, sugar and mellasses in like manner clandestinely conveyed by means of that sort of correspondence to the Northward. The Bermudians finding those Turks Islands are not included in the commission of any British Governor in the West Indies fitted out, last Spring, a large sloop with ninety men, and sent her thither upon pretence of guarding or securing a number of their salt gatherers from the insults of the French and Spaniards, but in truth their motive was to countenance an illicit trade with the former, with whom they barter'd most part of their salt for French commoditys (as appears by the deposition of Pierre Saurin markt No. 1.) which a number of small vessels that resorted thither, last salt season, introduced to the other American Governments, by means whereof the salt rak'd here eighteen months since is not yet dispos'd of, whereas that gathered in former salt seasons was scarce sufficient to answer the demands of the Bermudians, only for the consumption of Virginia and North Carolina, besides as those Islands are now become a rendez-vous of the English and French promiscuously to carry on a trade prohibited by both nations, 'tis probable they may shortly become a nest of Pirates and happen to do an infinite deal of damage to the British trade in particular, before they can be dispersed, for prevention whereof I hope your Lordships will reconsider my said former proposal, and move the Lords of the Admiralty to direct the Captain of the Station Ship here to have an eye to them. I am to beg the favour of your Lordships' directions in respect of an incident or two, that have lately happened here, which, I own, puzzle me: The first is that one John Sims, a Mulattoe of this Island, dyed intestate without any children, or legittimate relations, whereby I apprehend that one moiety of his estate (which in the whole is about six hundred pieces of eight) goes to his wife, and the other becomes the right of the Crown. If my notion be justly founded, I hope your Lordships will be pleased to obtain me an order to appropriate this small sum, or any other that may hereafter become H.M. due, by such like forfeitures, towards erecting a Court House and prison, which I am directed by my instructions to build, by reason the poverty of the inhabitants is such that that necessary work can never be accomplished by them without some such assistance. The other is of a very uncommon nature here, as follows. Some months since Benjamin Sims of this Island having tyed to an Orange tree a hogg, he took up to fatten, this creature in rooting round the tree turned up a piece of an earthen jar, which an old woman in the house observing, call'd a negroe to her assistance, and in grabling up the earth there-abouts found the remaining part of the jar full of money. This being reported among the inhabitants and that the sum so found was a thousand pieces of eight, it came to my knowledge about a fourtnight ago, and I sent for this Sims and taxed him with it, whereupon he acknowledg'd there was money found in the manner before mentioned, but that he believ'd 'twas a sum belonging to him which he left in the keeping of his brother, when he himself went some years ago to Jamaica, which brother being drowned in his absence, had no opportunity at the time of his death of acquainting any body where he had put it; but he at the same time confess'd the sum taken up (tho' how much he would not tell) did not aggree by many pieces of eight and some gold with that he left in the care of his brother, and absolutely refused to swear it was his property, or produce evidence that he had left any such sum in his brother's hands, whereupon I told him that since he Mould not make any such reasonable proof, as I expected, of his title to it, and that nobody else claim'd it as their right, I apprehended it became the King's, therefore I insisted that he should pay it for H.M. use to the Treasurer of these Islands, or that the money should be produced to, and counted before a proper magistrate and that he (Sims) should enter into bond to H.M. in the Secretary's office, with condition, that the money should be forthcoming to answer any demands the Crown might thereafter have upon it; but he utterly refus'd doing either, and told me he would rather go to gaol than submit to this proposal; however after some little time he propos'd (in case I would desist urging him further upon that head) to give bond to the Church Wardens of the Parish to have, at the time of his death, five hundred pieces of eight towards building a new church, which is much wanted; in consideration whereof and that I did not well know how to proceed in that matter, being diffident whether the money, or any part of it, did realy belong to the King, I consented he should enter into the bond, he offered, until I could have your Lordships' directions concerning this affair, which I hope you'l be so good as to send me, as also how I am to act in cases of this nature that may happen for the future. As I take it to be my duty to acquaint your Lordships, from time to time, of all publick occurrences here, I cannot omit sending you copys of two papers, markt 2 and 3. delivered me by the Chief Justice of these Islands, and Mr. Nicholas Rowland, a principal inhabitant of this, the one relating an insult put upon the Chief Justice in the execution of his office by Captain Richard Symonds, Commander of the station ship, and the other setting forth hardships he (Rowland) labours under in respect to a dispute between him and the said Captain, who to speak the truth has insulted the Civil Officers in this little Government in a most extraordinary manner, nor has he even left me room to boast of many personal civilitys from him, on account of the Commission I have the honour to bear under H.M.; but in regard, I conceive, your Lordships cannot be unacquainted of the misbehaviour of many of the gentlen. of the Navy on these American Stations, and particular insults put upon, and personal disregard and disrespect shewn by some of them (on different occasions) to those intrusted by H.M. with the Government of the several Colonys, whereby little party disputes have been set on foot among the inhabitants and great inconveniencies have arisen to H.M. Service and in the end proved hurtful to many of his people in this part of the world, I shall not take up more of your Lordships' time upon this subject than barely to observe that, as this is a poor Colony in its infancy, without any trade directly to our Mother Country, whereby the inhabitants, and particularly the king's servants, might gain friends and correspondents at home to appear, in their behalf, before H.M. or Council to set forth their grievances, they entirely rely on your Lordships' mediation etc. I beg the favour your Lordsps. will please to let me know whether that unfortunate man Lawford mentioned in my letter of the 22nd of December last may hope for any restitution or satisfaction for the sloop Mercury taken from him by the Spaniards, for the poor man and his family are at present in a starving condition. Signed, Rd. Fitzwilliam. Endorsed, Recd. 14th., Read 15th Feb., 1736/7 3½ pp. Enclosed,
454. i. Deposition of Pierre Saurin, of the Saint André of Leogane, Hispaniola. New Providence, Sept. 25, 1736. February last, on a voyage to Turks Islands, deponent met with the Captain of a corsair belonging to Bermuda, and other inhabitants of Bermuda making salt, and bought 300 barrels of salt from said Captain, paying in money. In May he made another voyage thither intending to buy another cargo of salt from the said Captain, who had given him a facture of such goods as he wished to receive instead of money, viz., French wine and cloth etc. The said Captain and other salt-makers at Turks Islands told deponent that they had sold quantities of salt to other French vessels for French merchandise etc. Signed, Pierre Saurin, his mark. Endorsed as covering letter. 1 p.
454. ii. Narrative of an insult put upon James Scott, Chief Justice of the Bahama Islands, by Capt. Richard Symonds R.N., Commander of the Shark sloop, which H.E. is pleased to transmit to the Lords of the Admiralty. Abstract. Complaint being made to him on Sept. 17th last by Mary Williams of Nassau that Abraham Esten, a blacksmith, had attempted to burn her house and herself therein, the Chief Justice issued his warrant against him, and on his confession, committed him until he should find sureties to appear at the quarter sessions. Whilst he lay in jail, for want of sureties, which nobody cared to be because, had his wicked intention taken effect, a large house belonging to some gentlemen in England, just finished, and two other new houses within a few yards of the complainant's would certainly have been burned, and the whole town endangered, Esten fell sick of a fever and his life was dispaired of. Therefore some of the inhabitants, in pure humanity, solicited the Chief Justice to release him on his own recognizances to answer the complaint of Mary Williams, who was bound over to prosecute him etc. This he did, not conceiving that anybody would carry so notorious an offender off the Islands before his trial, and because every inhabitant is obliged to publish his intention to leave the island 20 days before he can obtain the usual licence to the master of the vessel he proposes to go in, or give security into the Secretary's Office, (which the Chief Justice executes) to satisfy all lawful demands upon him, and the master of every vessel is, upon his arrival, obliged to give bond in £1000 not to carry off any such inhabitant without such licence. On 9th Nov. the Chief Just ice was informed that Esten had got on board the Shark, and also one Henry Mathews, a cooper, who was indebted to several of the inhabitants, and had taken away some effects belonging to some gentlemen in England. He therefore wrote to Capt. Symonds apprising him of the circumstances, and particularly forbidding him to carry off Esten before he had stood his trial. Letter quoted. Which letter being delivered to Capt. Symonds by George Raddon, Deputy Marshal, he flew into a great passion, ordered him to tell the Chief Justice that he did not think it worth while to write him any answer; that he was a rascally fellow for sending him such a letter, and next day carried the men aforementiond (tho' no seamen) away with him to S. Carolina, whereby many of the inhabitants are defrauded and the due course of justice prevented. Adds that Capt. Symonds, upon pretence of purchasing provisions for his people, which he contracted before he came out of England to furnish here, has hitherto spent a good deal more than half his time at S. Carolina, and his common discourse seems rather to induce the inhabitants to leave this Government than to encourage any others to join them. The contempt wherewith he has treated the civil magistrates of all degrees, greatly incites such of the inhabitants as are naturally turbulent and unruly to the like insolences with which this gentleman has thought fit mostly to associate himself since he has been upon this station. Signed, James Scott. 3 pp.
454. iii. Deposition of George Raddon. 10th Sept., 1736. Describes Capt. Symonds' behaviour as in preceding. Signed, George Raddon. ¾ p. Nos. ii, iii, endorsed as covering letter.
454. iv. Case of Sib Davis, house-keeper to Mr. Nicholas Rowland of New Providence, against Capt. Symmonds for detaining her son, Emanuel, as a seaman on board H.M.S. Shark. The boy had been apprenticed to Dr. Thomas Cooper of Charlestown, upon whose death Capt. Symonds undertook for his mother to bring him back to Providence. Thereafter he carried him back to Carolina on two voyages, on pretence of finding out whether anybody there had any claim to him on account of his indentures to Dr. Cooper etc. Subsequently when Mrs. Davis refused to allow him to sail again, Capt. Symmonds endeavoured to take him by force, and applied for a warrant for securing him, ("Imanuel Darrell") for H.M. service. But it appearing that he was under the age for a seaman, that he had never been at sea before, and that the Captain did not claim him as a servant, Mr. John Howell, President of the Council, J.P., refused to grant a warrant, but referred Capt. Symonds to the Courts of Law. Before sailing Capt. Symmonds visited said Justice and flew into a very indecent and unbecoming passion and threatened to complain of him at home etc., as above. Signed. Nicholas Rowland. 2¾ pp.
454. vviii. Depositions of Nicholas Rowlands, 29th and 30th Sept., 1736, Mrs. Davis, 30th Sept., Thomas Townsend, Clerk of H.M.S. Shark, 29th Sept., relating to above. Copies. 2¼ pp. Nos. iv-viii endorsed as covering letter. [C.O. 23, 3. ff. 218–220, 221–222 v., 223 v.–226 v., 227 v.]
Nov. 16. 455. Memorial of Agents in Leeward I. to the Council of Trade and Plantations. Since attending the Board on the Act of Monserrat and case of the Fleuron, have received papers from Governor Mathew, which require their careful consideration, and which, they are persuaded, will enable them to show that the French Court have not the least reason to interpose in this affair etc. Asks for indulgence till Monday next for preparing a memorial thereof. Signed, John Yeamans, Ri. Coope, Jno. Sharpe, Henry Popple. Endorsed, Recd., Read 16th Nov., 1736. 1 p. [C.O. 152, 22. ff. 186, 191 v.].
Nov. 17. 456. Memorandum from James Huey to the Council of Trade and Plantations. When we had the honour to attend your Lordships, we proposed that Murray Crymble, James Huey and each of their associates shoud (after the whole of the lands are survey'd) have separate grants for their respective shares, but at the same time that no grant shou'd be given for a less quantity than 12000 acres, our reasons for desireing this from your Lordships is that if we were only to have one general grant for the whole of the lands to be run out, and that some of the partys shou'd settle and cultivate their respective shares according to the undertakeing in the petition and others shou'd not, that in such case we are of opinion, those that have settled might be subject to the forfeiture of part of their lands, and we apprehend at the same time that they wou'd be lyable to pay the quit rents of the whole and it wou'd have this farther inconveniency that such of the poor people who are to go and settle there cou'd not have a proper title made out to them, for, in case the settlement was not compleated, those that were settled wou'd be subject to the Quit rents of the whole, this objection has been made to us allready, by people who we are upon termes with and we are satisfyed if your Lordships do not indulge us in this particular, it will be out of our power to form the settlement according to the undertaking in our petition; therefore what we beg leave to propose to your Lordships is, that we may have separate grants given us, and that such as do not settle the numbers they engage, according to the under-takeing in the petition, shou'd forfeit such part as they have not settled, or if it shou'd be H.M. pleasure, not to grant the lands but upon condition that the whole shou'd be forfeited, in case the settlement is not compleated, we arc ready to acquiesce therein. We have mentioned to some of the other gentlemen concerned what your Lordships proposed to us about our takeing up the lands in one entire tract, which they are not willing to agree to, as the lands in that case must be survey'd into one in tire tract and afterwards resurvey'd into different parcells, which by the laws of the Colony, will entitle the Surveyor to double fees, and we are also apprehensive that method might occasion disputes amongst our selves ; to avoid these inconveniencys we beg leave humbly to propose to your Lordships that we may be admitted to take up the lands in different tracts, but at the same time no less quantity than 50,000 acres shou'd be run out in one place, this indulgence has been granted to others in a more favourable manner than what we desire, besides it has allways been the practice of the Colonys to run out the lands in small tracts, and such as have had grants here from the Crown, have allways been admitted to take up lands, in the manner we propose to take up ours and in much smaller parcells, we humbly conceive that no persons hitherto, have offred more advantagious termes to the Crown, therefore hope there is nothing particular in our case to exclude us from the like favours, and 'tis our opinion that the Crown can be no sufferer from this, as there is very little swamping lands within 70 or 80 miles of the mountains, and it appears pretty evident to us, that it will be more for the service of the Colony to have the lands run out in the several divisions, under the restrictions we have before mentioned, than it wou'd be to have the lands all run out in one tract, for in that case such foreigners that settle there wou'd retain their language, and their children wou'd not have the opportunitys of learning to speak English which wou'd allways make them consider themselves as a distinct people: the charges attending this settlement will be very great, therefore we submit it to your Lordships whether or no we do not deserve suitable encouragement, particularly as we desire nothing from the Crown, but what we are satisfyed your Lordships wou'd grant in a private capasity; for instance, shou'd any of your Lordships employ us to improve your estates, we doubt not at the same time, that your Lordships wou'd make us a reasonable allowance for our expence and trouble in so doing. We beg leave also to obviate the objection your Lordships made against our desireing, that we shou'd only forfeit such part of the lands as were not settled according to the undertakeing in our petition, if we understood your Lordships right, you apprehended that we shou'd settle the best of the lands first, therefore if the whole of the settlement was not made, the lands that wou'd revert to the Crown wou'd be of the worst quality, we can assure your Lordships with great justice that wou'd not be the case, as it is our interest to give the worst of the lands to the first settlers, for tho' we put ourselves to great charge in settling them we have no manner of service by it (further than to ascertain our titles) as we give the lands to the people, upon the very same termes as we have them from the Crown, from which it will appear clearly to your Lordships that it is our interest to reserve the best of the lands unsettled, as that is the only benefitt we are to have to answer our expences. That it be mesurd out in fifty thousand accers trackts in one parcell, and with liberty to have power to have yt. fifty thousand accers subdevided in to parcells not less than twelve thousand accers and seperet grants for each of these divisions. Signed, James Huey. Endorsed, Recd. Read 17th Nov., 1936. 2 pp. [C.O. 5, 295. ff. 37, 37 v., 38 v.].
Nov. 20.
457. Mr. Partridge to Mr. Popple. Encloses following. Continues: Thou willt see it is a claim for a loss and damage sustain'd allmost 4 years since by the subjects of the French King at Martinico for wch. to this day we have never been able to gett the least satisfaction ; we trusting in ye justice of the French Court and rightiousness of our cause well hoped for success but in ye end to our mortification found ourselves miserably deceived and that we only threw away good money after bad etc. Now, as an opportunity seems to be offering for redress, hope for H.M. help etc. Signed, Richd. Partridge. Endorsed, Recd. 22nd, Read 23rd Nov., 1736. Addressed. 1 p. Enclosed,
457. i. Memorial of Richard Partridge, Agent for Joseph Whipple of Rhode Island, merchant, to the Council of Trade and Plantations. Nov. 22, 1736. Abstract. Memorialist is informed that the Agent in London for the French Court has lately made complaint that a French ship has been taken by the English and carried into the some of the British Sugar Islands by order of Governour Mathews and there condemned, and that he demands restitution of the same. Memorialist therefore presents a renewal of the hard case of Joseph Whipple, whose sloop Humility, Edward Caine master, was taken in Dec, 1732, by Capt. Tourmell, Commander of a French man of war within 5 or 6 leagues of Martinico and there with her loading unjustly condemned etc. Refers to enclosures. Caine went over to France with the Duke of Newcastle's letter (No. iv), and with the assistance of our Ambassador made the necessary representations to the Court there. But though M. Maurepan had given him good hopes of success, his petition was dismissed by the King in Council, 19th Dec. (n.s.), 1732. Prays that Whipple may receive compensation for his loss and expenses out of the produce of the aforesaid French ship and cargo etc. Signed, Richd. Partridge. Endorsed as preceding. 2½ pp.
457. ii. Estimate of damage sustained by Joseph Whipple in the seizure of the Humility. £995 14s. 1 p.
457. iii. Petition of Richard Partridge to the King. June 26, 33. Abstract. The Humility (v. No. i.) cleared from Newport, R.I., Dec. 2nd, 1732, for Barbados, laden with lumber, provisions, horse and sheep. On the 4th a violent storm partly wrecked the sloop and drove them to leeward to 5 or 6 leagues off Martinico. Capt. Tourmell (v. No, i), ordered the master to strike his colours and lower his sails, which he refused to do till he had received two shots from the man of war. Capt. Tourmell after examining his papers carried the sloop into Martinico and put Caine in gaol on pretence that he was engaged in an illegal trade, where he lay two months and 4 days notwithstanding he was cleared in 20 days by the judge of the Admiralty at Port St. Peters. Capt. Tourmell returning from a cruize and finding Caine was cleared by the said judge, ordered him to be carried to prison at Port Royal, where he (Capt. Tourmell) requested a Council extraordinary to be called, consisting of six of his friends, and there by them the sloop and cargo were unjustly condemned to the great damage of Whipple, who has sent Caine over here to solicit for relief. Prays H.M. to obtain satisfaction from the Court of France etc. Signed, Richd. Partridge.
457. iv. Duke of Newcastle to Lord Waldegrave, Ambassador at Paris. July 7, 1733. It is H.M. pleasure that you make proper representation to the French Court that the said sloop and cargo may be restored and full compensation made to the sufferers etc. Signed, Holles Newcastle. Copy, 1¼ pp.
457. v. Letter of Attorney for Joseph Whipple to Capt. Edward Caine. Signed, Jos. Whipple. 21st May, 1733. 2 pp.
457. vi. Account of damages through seizure of the Humility etc. £1839 7s. 10d. 1 p.
457. vii. Bill of lading of the Humility. Newport. Nov. 28, 1732 (described in No. i.) Signed, Edward Caine. 1 p.
457. viii. Orders of the Owner of the Humility to Capt. Caine. Newport. Nov. 28, 1732. To proceed to Barbados and there dispose of the cargo etc., and thence to Tortuga to load with salt and return to Rhode Island. Signed, Jos. Whipple. 1 p.
457. ix. Invoice of the cargo of the Humility. Value, £757 7s. 10d. Same date and signature. Copy. ¾ p.
457. x. Certificate by William Wanton, Governor of Rhode Island, that William Dyre who took the acknowledgments of the above letter of attorney and copies of invoice etc., is a Justice of the Peace etc. May 21, 1733. Signed, Wm. Wanton. 1 p.
457. xi. Protest made by James Martin, Public Notary of Rhode Island, upon the deposition of Edward Caine, 19th May, 1733, "against the boisterous winds and seas and against M. Tourmel etc., as the sole cause of all the damages sustained by the loss of the Humility and her cargo" etc. Signed, Jas. Martin, Nots. Pubs. 3 pp.
457. xii. Deposition of Edward Caine that above protest is true, and no satisfaction have been received etc. London, 26th June, 1733. Signed, Edwd, Caine. 1 p.
457. xiii. Order of King of France in Council, Versailles, 19th Dec, 1733. Declares Caine non receivable in his petition etc. Signed. Philippean. ½ p. [C.O. 5, 1268. ff. 214, 215–216, 217, 218–221, 222, 223–224, 225–226, 227, 228 v., 229 v].
Nov. 22.
Am boy,
New Jersey.
458. President Hamilton to the Duke of Newcastle. Since I had the honr. to write to your Grace etc. (v. Oct. 25), Col. Morris not haveing patience to wait H.M. royall pleasure, but continueing to disturb the peace and quiet of this Government as much as in him lay affixed up two proclamations under his hand and seal at the Court house door of this city, the one for adjourning the Assembly of this Province, the other about praying for H.R.H. the Princess of Wales. This obliged me to call a Council, which was very difficult to be done att that time, and by their advice I issued a proclamation for apprehending Mr. Morris. I likewise ordered prayers to be used for H.R.H. pursuant to the Royall Instruction, etc. Signed, John Hamilton. Endorsed, R. Jan. 24. 12/3 pp. Enclosed.
458. i. Minutes of Council of New Hampshire. 29th Oct., 1736. 1 p. [C.O. 5, 983. ff. 73, 73 v., 74 v., 75].