America and West Indies
March 1728, 16-31

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

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1937

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58-75

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'America and West Indies: March 1728, 16-31', Calendar of State Papers Colonial, America and West Indies, Volume 36: 1728-1729 (1937), pp. 58-75. URL: http://british-history.ac.uk/report.aspx?compid=72445 Date accessed: 27 August 2014.


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March 1728, 16-31

March 16.
N.
Providence.
110. Governor Phenney to the Council of Trade and Plantations. Sends public papers by way of S. Carolina. Continues:—Not having receiv'd any stores of war etc., and the encreasing rumours of a war oblige me to continue my solicitations on that head. Our fort to the eastward advancing apace I don't question, if we are accordingly supplied with amunition, to make this port very defencible against any force the Spaniards can send. When I wrote in Nov. last I was in a very weak and languishing condition and desir'd your Lordships to interceed with H.M. for his Royal lycence to go for England for the re-establishment of my health, but it having pleas'd God to restore me in great measure, I don't question but to be able to do my duty in case anything happens. The Gunner's account enclos'd will show how low our stock of powder is, and I beg your Lordships will excuse ray mentioning it again, considering our condition and incapacity to supply ourselves. Signed, G. Phenney. Endorsed, Recd. 3rd June, Read 9th. July, 1728. 1 p. Enclosed,
110. i. Governor Phenney's Replies to Queries of the Board of Trade. Repeats former answers, v. C.S.P. 28th. Jan., 1726 and 20th April, 1727, adding to list of negroes imported, two imported from Barbados in 1727. Endorsed, Recd. 3rd June, 1728. 10 pp.
110. ii. Account of stores of war wanting at Nassau. Signed, G. Phenney, and six Councillors. 2 pp.
110. iii. Account of stores of war brought over by Governors Rogers and Phenney and what remains 1st Jan., 1728. Signed, Willm. Shott. 3 pp. Nos. ii and iii endorsed, Recd. 3rd June, 1728.
110. iv. Public Accounts for 1727. Receipts (including £20 125. 9d. brought forward) £84 13s. 9d. Expenditure £53 11s. 6d. Signed and sworn to in Council, Pr. Goudet, Treasurer. Endorsed as preceding. 2 pp.
110. v. List of Baptisms in 1727, (30 infants, 18 adults); Marriages (7), and burials (7). Signed, a true copy from the Church Register, W. Fairfax, Secry. Same endorsement 1 folded p. [C.O. 23, 2. ff. 131, l32v.— 137v., 138v.—141, 142v., 143v.—145v.; and (enclosure i only), 23, 12. No. 95.]
[Mar. 16.]111. List of ships entered and cleared at New Providence, 26th Dec., 1727—25th March, 1728. Signed and sworn to, by Jno. Warner. Navl. Offr. Endorsed, in Governor Phenney's, March 16. 6 pp. [C.O. 23, 12. No. 94.]
March 16.
N.
Providence.
112. Governor Phenney to the Duke of Newcastle. Duplicate of No. 110. Signed, G. Phenney. Endorsed, R. 5th June. 1½ pp. Enclosed,
112. i. Minutes of Council of the Bahama Islands 10th March—16th Dec, 1725. 28 pp.
112. ii-vi. Duplicates of Nos. 110 ii-v and 111. [C.O. 23, 14. ff. 13, 13v., 14v.–30, 31v., 32, 33v., 34, 35v., 36, 37–38, 39, 39v.]
March 16.
Whitehall.
113. Mr. Popple to Mr. Oxenford. Asks for an account, as soon as possibly may be, of iron imported for 10 years past, and of duties now payable thereon, especially pig iron from the British Plantations. [C.O. 324, 11. p. 64.]
March 18.
Navy Office.
114. Sir Jacob Acworth to Mr. Popple. In reply to 15th March, encloses following and account of prices of Naval Stores rendered by Navy Board 8th Aug. 1696. Signed, Ja. Acworth. Endorsed, Recd., Read 19th March 1727/8. 1 p. Enclosed,
114. i. Account of prices annually given by the Navy Board for pitch, tar and turpentine and for New England masts, yards and bowsprits, 1717–1727 inclusive. 3 pp. [C.O. 323, 8. Nos. 86, 86 i.]
[Mar.? 19.]
Between
12th & 19th
March.
115. Five Lords Proprietors of Carolina to the Committee of Privy Council. [Reply to enquiries by the Committee, (12th March) concerning grants of lands made by the Proprietors of Carolina to each other. This reply was read by the Committee on 19th March, v. A.P.C. III. No. 132.] Continue:—We doe admit there have been several tracts of land granted to the Proprietors and others by virtue of the powers given to them by their Charter, the particulars of which from 1713 are :— 1714. One grant of all minerals (excepting Royal mines) and one for making of oyl from the nuts of Carolina, both which were to be void, if not undertaken and attempted within three [? years] after the date, and now consequently void. A grant of 500 acres to the Rev. Mr. Johnston, reserving the usual quit-rents, which we beleive was not set out he being since dead. 1715. 5000 acres to Mr. Hodgson, reserving usual quit-rents, never set out as we know of. 1716. A grant to Mr. Churchy and Swartz for wrecks within the limits of the Lords patent, reserving 5 p.c. out of the net profits, which project was never entred upon. 1719. Sir Robert Montgomery had a grant of a great tract of land between the Rivers Savanna and Alatamaha at a quit rent of a penny an acre yearly, as it should be settled, with the reservation that the Proprietors might re-enter if Sir Robert his heirs etc. should not begin the settling for 3 years. 500 acres of land to Revd. Mr. Allsop. He dyd and it was never taken up. Altho' in 1713 no lands were ordered or lay'd out for the Lds. Proprietors either in S. or N. Carolina, yet in '18 and '19 there were several Baronies lay'd out for the use of the Lords Proprietors, etc., they judging this method might tend to the better peopling the Province by engaging the Proprietors separately to cultivate and improve their own lands, but by reason of the disorders of the Colony, these lands were never entred upon, except one Barony by Sir John Colleton's son, who went over above a year since to settle the same. 1722. 12,000 acres were granted to the Secretary Mr. Shelton as a gratification for his many years services, but not yet set out. 1724, 5. 12,000 acres to Mr. Purey upon condition that he should transport 300 people within a year, and a farther agreement was made with Vats and Pury for two Baronies in considera- tion they should transport 1200 Switz into the Province at their own charge, which they are not able to perform. But the consideration of this affair being recommended to the Proptrs. by the Duke of Newcastle and the Lds. Com- missioners of the Plantations, the Proptrs did propose at their own charge to have paid the passage of 300 Protestant Switz, in case they could give security to settle upon the Savanna river, for the greater safety of the infant Colony at Port Royal, but this was never done. 1726. Four baronys of 12,000 acres each were granted to Mr. Thomas Lowndes and three other persons in consideration of his services for the common good of the Province and of the surrender of a former grant of 48,000 acres (which upon examination appeared never to have been set out) which deeds were inrolled in H.M. Court of Common Pleas. A warrant was granted to Col. Samuel Horsey for a Landgraveship with four baronies thereunto annexed, and a patent was ordered for the same, but not taken out by him, by reason of the unsetled state of the Province. 1727. A grant of 1000 acres of land at a quit rent of a penny per acre to commence three years after the date was made to one Tayler of Ireland, who went over with above 30 white people to settle there. North Carolina. 1723. A grant was made to Mr. Burrington for 2000 acres upon his being appointed Governor of North Carolina; which he refusing to accept, we look upon that to be void. 1724. 2000 acres were granted to Sir Richard Everard, when he was appointed Governor, reserving the usual quit-rents, and we are informed this has been set out accordingly. 1727. 3000 acres were granted to my Lady Everard at the usual quit-rents, upon her going over with her family to settle there, who went about May last. These are all that ever were granted by the Proprietors since 1713. And if we have not given your Lordships a more exact account of the conditions upon which they were granted and the place where they are to be set out, it is for want of a proper register etc. Nor could we obtain a true rent roll of our lands which occasioned our presenting a petition to his late Majestie praying that he would be graciously pleased to direct his provisional Governor to cause a Register to be made of all the lands granted, and upon what terms—in order to know how to settle the remaining uncultivated lands in such manner as might conduce to the publick good. In answer to the last of your Lordps'. queries, we doe admit that the Proptrs. did shut up their office for the sale of their lands in Carolina in 1719, when Mr. Johnson suffered himself to be deposed; which we humbly apprehend was not only prudent but justifiable, the Proptrs'. predecessors having at their first entring upon the execution of their Charter made grants of large tracts of lands to several persons who proposed to settle at a very small quit-rent there, or only a peper corn yearly, in expectation that the grantees of such lands would have been induced to settle them, and thereby increase the number of inhabitants. But as we are informed there is not a sixth part of the land so granted as yet settled by anybody, we conceive such lands may be re-entered upon etc. The Proprietors were always ready at their office in London to grant their unsetled lands at a moderate quit-rent, not exceeding one penny per acre yearly to any persons who with an intention to settle there would have apply'd to them; and they were ready to receive and comply with any reasonable proposal of that kind from the country's agent Mr. Yong, notwithstanding his known ingratitude to the Proprietors whose Surveyor General he was for many years; but absented himself from the Province, and his duty without their leave and consent etc. By the clause in our last petition etc. (v. 5th March, proposing surrender of sovereignty and interest) we mean and intend to surrender to H.M. our right and title to all our lands not entred upon and improved, as well the baronies and lands granted to each of us, as proprietors, as also other our lands whatsoever in the Province of Carolina, desiring that in drawing the deed of surrender, they may be as fully convey'd, and vested in the Crown, as we are capable of doing it without any restriction or reserve. Signed, D. of Beaufort, Ld. Craven, James Bertie, H. Bertie, J. Colleton. [C.O. 5, 290. pp. 259–266.]
March 19.116. Mr. Meure to Mr. Popple. Encloses proofs to support Mr. Mathew's answer to the Address against him. Continues:— I expect (by the first ships) an approbation (honourable to Mr. Mathew) from the present Assembly of all the vouchers and accounts complained of in the sd. Address as not deliver'd to ye Assembly, tho' the contrary is evident by the Minutes of Council, etc. Signed, Abr. Meure. Endorsed, Recd. 20th, Read 21st March, 1727/8;. 1½ pp. Enclosed,
116. i. Minutes of Council of St. Christophers, 5th March, 1726, recording the reconciliation of Governor Hart and Lt. General Mathew. Endorsed, Recd. 20th March, 1727/8;. Copy, ¾ p.
116. ii. Minutes of Council and Assembly and papers relating to Lt. Genl. Mathew's accounts for fortifying Brimstone Hill. Endorsed as preceding. 20 large pp.
116. iii. Deposition of Nathan Crosley as to Lt. Genl. Mathew's trouble and expense in fortifying Brimstone Hill. 22nd May, 1727. Signed, Nathan Crosley. Same endorsement. 1 p.
116. iv. Deposition of N. Crosley as to Lt. Genl. Mathew's interview with the Committee of Accounts etc. 22nd April, 1727. Signed, Nathan Crosley. 1 p.
116. v. Deposition of John Harris, confirming preceding. 21st April, 1727. Signed, Jo. Harris. Endorsed, Recd. March 20, 1727/8;. 1 large p. [C.O. 152, 16. ff. 170, 170v., 171v., 172, 173v.–183v., 184v., 185v., 186v–187v.]
March 20.117. Mr. Beake to Mr. Popple. Is unable to attend the Board owing to illness. Encloses following papers and awaits further instructions from St. Kitts etc. Prays that several Acts of St. Kitts may be reported on etc. Signed, T. Beake. Endorsed, Recd. 20th, Read 21st March, 1727/8;. 1 p. Enclosed,
117. i. Thomas Butler to Thomas Beake, St. Christophers, 7th Sept., 1726. Encloses duplicate of Address of Assembly sent in April last, and expresses concern at not having heard of its being laid before the King etc. Signed, Tho. Butler. Copy. 1 p.
117. ii. Mr. Spooner, Speaker of Assembly, St. Christophers to Mr. Beake. St. Christophers. June 30, 1727. Is not yet able to send proofs of the allegations in the Address of Assembly relating to Lt. General Mathew etc., he not having called the Assembly together since Genl. Hart went away etc. Signed, J. Spooner. 1? closely written pp.
117. iii. Minutes of Council and Assembly of St. Christophers relating to Lt. Genl. Mathew's accounts etc. 16th April—18th May, 1726. Copy. 1 p.
117. iv. Affidavit of John Griffes, Clerk of the Assembly, that enclosed papers are true copies etc. and as to proceedings of Assembly. 8th Aug. 1727. Signed, John Griffes. 1 p.
117. v. Minutes of Assembly, 9th Oct. 1725—Feb. 19, 1726, relating to Lt. Genl. Mathew's accounts. 5 pp. [C.O. 152, 16. ff. 160, 161, 162, 162v., 163v., 165v., 166v., 167v.,168v.–169v.]
March 20.
Whitehall.
118. Council of Trade and Plantations to the King. In obedience to Order of 15th March, report upon Admiralty Memorial relating to the destruction of H.M. woods etc. and encouragement of Naval Stores. It is with great pleasure, that we observe upon this occasion the conformity between the opinion of the Lords of the Admiralty, and that of this Board upon this important subject. We have always thought, that nothing can be of greater consequence to your Majesty's service, and the welfare of this Kingdom, than the preservation of your Majesty's woods in America, and the importing of timber, and all sorts of Naval Stores, directly from your Majesty's Plantations to Great Britain ; and we have often represented the same in several reports to the Crown. This matter being again referred to us by your Majesty's Order; we have perused our former reports and discoursed with some persons who were formerly Governors of your Majesty's Colonies, with sevl. merchants concerned in the importation of Naval Stores, and likewise with the Commissioners of your Majesty's Navy, that we might be the better able to offer the proper means for preserving your Majesty's woods, and for encouraging the raising and improvement of Naval Stores in America: Whereupon we humbly take leave to represent to your Majesty that by the Charter granted to the Massachusets Bay, "all trees of the diameter of 24 inches and upwards at 12 inches from the ground growing upon any soil or tract of land in the said Province, not heretofore granted to any private person" were reserved for the use of the Crown. But this reservation hath been entirely destroy'd by ye construction, which the people of New England put upon a clause in an Act passed in the 8th year of His late Majesty's reign, giving further encouragement for the importation of Naval Stores etc., whereby it is enacted for the preservation of white pine trees, for the masting the Royal Navy, that no person shall fell, cut or destroy any white pine trees not growing in any township or the bounds thereof etc. The construction the inhabitants of the Massachusets Bay put upon this clause is, that your Majesty has no property in any trees growing in any township or ye bounds thereof, and consequently that the Surveyor General of the woods hath no power to prevent the people from cutting them, for their own use. The inhabitants of New Hampshire having interpreted this Act of Parliament in the same manner, have got the greatest part of their Colony granted out into townships, by which means, unless a remedy be speedily apply'd, your Majesty will be deprived of the benefit of any masts growing either in the Massachusets Bay or New Hampshire. This we take to be the chief cause at present, of the destruction of your Majesty's woods in those Provinces, which in our humble opinion can only be prevented by Act of Parliament, and we did some years ago present a Bill to the House of Commons for this purpose, as likewise to incourage the importation of Naval Stores, which had not then the desired effect. This Board has also ever been of opinion that it would be necessary for your Majesty's service, that the Surveyr. of your Majesty's woods should constantly reside in some of your Majesty's Plantatns. on the Continent of America; and that the respective Governors thereof, should be directed to be aiding and assisting to the said Surveyor in the execution of his duty. But, as it is impossible that one man alone should be able fully to discharge his duty to your Majesty in so extended a trust without proper assistants; in our humble opinion it would be for your Majesty's service that the said Surveyor should be allow'd two or more Deputies, with competent salaries, for their subsistance, and that those Deputies should be ship carpenters by professions conversant in the use and value of timber. These methods would probably contribute towards the redress of so great an evil as the destruction of your Majesty's woods, and therefore should by no means be neglected. But even these we have reason to apprehend will not be entirely effectual; for altho' the reservation of timber of certain scantlings for your Majesty's service, is already expressly made by many Acts of Parliament now in force: yet the trees in the Massachusets Bay and New Hampshire being for the most part intermixt with private property, and the interest of the inhabitants in this particular, being opposed to that of the publick, it has by long experience been found impracticable, to put the laws in execution in their ordinary course and therefore the adjudication of this matter has by subsequent laws been placed in the Admiralty instead of the Common Law Courts, it being impossible to find a Jury that would do justice to ye Crown in this particular. Upon this footing the Law already stands with respect to your Majesty's woods, notwithstanding the repeated complaints, which we have received, and as often reported concerning the destruction made in them; and therefore when this Board was directed to draw up Instructions for Col. Philips your Majty.'s Governor of Nova Scotia, in order to secure a lasting store of timber for the service of the Royal Navy in all times to come free from contest and intermixture of property they took care to insert an Article, wherein it was provided, "That certain tracts of land found upon survey to be most proper for producing of masts and other timber for the use of the Royal Navy and lying contiguous to the sea coast or navigable rivers should be reserved for your Majesty's service"; and the Governor was forbid to make any grants of land, till such tracts should have been marked out and set apart for your Majesty's use not amounting to less than 200,000 acres etc. And as we conceive this to be a matter of very great consequence to your Majesty's service, we would humbly propose that the Surveyor General of your Majesty's woods may be directed, without loss of time, to proceed to Nova Scotia and to execute your Majesty's Orders in this particular. It would certainly be of great advantage to these Kingdoms that we should from time to time receive such supplies of Naval Stores from your Majesty's American Colonies as might render us independant of our Northern neighbours, in an article so highly important to the defence, the Trade and Navigation of Great Britain. This Board has therefore on all proper occasions urged the necessity of this proposition, and the Legislature have likewise at different times, made the same the subject of their consideration. From hence the several Acts have taken rise which heretofore gave præmiums on the importation of Naval Stores from the British Colonies in America, which Acts have been attended with very good consequences, inasmuch as they have greatly reduced the price of some Naval Stores, particularly of pitch and tar. But the said præmiums are now all expired, except only such as relate to hemp. And we are humbly of opinion it may be necessary to renew them, tho' not in the same degree. By an Act passed in the 3rd and 4th of Queen Ann, the præmiums given upon Naval Stores were, for pitch and tar £4, pr. ton, rozin and turpentine £3, masts and yards and bowsprits £l, hemp, £6, to continue 9 years; and by another Act passed in the 12th year of the Queen they were continued for 11 years longer. By an Act passed in the 8th year of His late Majesty's reign, the præmium given upon hemp was further continued for the space of 16 years, and from thence to the end of the next Session of Parliament which will expire about the year 1741. But the præmuims on all other Naval Stores did expire in Janry., 1725/6. By the last mentioned Act, there was a particular manner prescribed to prepare trees for the making of tar, and it was then intended that no præmiums should be given on any tar but such as should be made from trees prepared after the method prescribed. And in the Bill which was offered to the House of Commons about 4 years since for encouraging the importation of Naval Stores from the British Plantations in America, and for the better preservation of timber there, for the use of H.M. Navy, it was thought proper to have so much regard to this new method as to give some additional encouragement more than in ye common way of making tar, to induce ye planters to fall into the practice. But as we are informed by several persons concerned in making and importing of tar, this way has been attempted without success and is so far despaired of that they are apprehensive if this restriction should be made general it would in effect prevent the importation of any quantities of tar from your Majesty's Plantations and consequently make us again dependant upon the Northern Crowns for supplies of this material branch of Naval Stores: we are of opinion, in case it should be thought fit, that præmiums be continued upon tar imported from your Majesty's Plantations, that all tar clean, good merchantable, well conditioned, clear of drops or water, and fit in every respect for making cordage should be entituled to the præmium hereafter specify'd, and that an additional encouragement should likewise be given to engage the Planters if possible, to make tar in this new method, which we have reason to believe is the practise in Sweden, tho' it may not hitherto have been found practicable in America. We have discoursed with planters, merchants importers, and likewise with the Commissioners of your Majesty's Navy upon præmiums for Naval Stores, who differ very much upon this subject; the planters and merchants importers insist that the præmiums should be upon tar and pitch and turpentine £3 pr. ton and masts, yards and bowsprits £l. The Commissioners of your Majesty's Navy are of opinion, that it will be sufficient to allow, upon pitch and tar £2, turpentine £l 10s. 0d., masts, yards and bowsprits 17s. 3d. What would seem to us reasonable is, that a competent allowance should be made to the planter in consideration of the price of labour and freight in America so far as they exceed the rates paid in the East Country; and the merchants state this account in the following manner vizt., tar made in Finland, pr. barrel, first cost 4s., freight about 4s., leakage 1/6, wharfage etc. 1/6, = 11/0. Tar made in the Plantations pr. barrel, first cost 7/s.. freight in time of peace 8/s., leakage 1/6, wharfage etc. l/6 = 18/s. By this account the præmium upon tar would be 7/s. pr. barrel and the merchants think the same præmium necessary for pitch. But the Commissioners of the Navy are of opinion, the article of freight from the East Country is one shilling undercharged by the merchants, that from the Plantations 6d. overcharged; taking therefore the account with this alteration, the præmiums upon pitch and tar would be 5s. 6d. pr. barrel. As to turpentine very little encouragement will be necessary because no quantities of turpentine are imported from any other place but from your Majesty's Plantations: And therefore we agree with the Commissioners of the Navy in this Article that is to say that a præmium of 30s. pr. ton may be allowed upon every ton of turpentine imported from the Plantations, which will be little more than the duty payable upon importation, which amounts to £l 8s. 9d. The præmium originally upon masts, yards and bowsprits was 20s. pr. ton, but there was then a duty of 2s. 9d. pr. ton payable on their importation, which hath since been taken off; and therefore 17s. 3d. will now be sufficient encouragement on this head. But the merchants complain that these præmiums have never been regularly paid, that the bills now made out for them are always at a discount, and therefore desire that they may hereafter be made payable in the new course of the Navy, which we think reasonable and might be some recompence for the diminution in the præmiums. In the foregoing computation we have omitted the article of hemp, the præmium on that head being sufficient, and in force for about 13 years to come; as likewise rozin, it not being necessary to give any farther præmium for that commodity, because rozin is made here from turpentine imported from the Plantations. There is another Article of Naval Stores very much wanted, and purchased from our neighbours at a great expence, this Kingdom being annually obliged to import about 20,000 tons of iron from Foreign Countries for the most part bought with ready money: And there have been certain periods of time particularly during our last difference with Sweden when the want of this commodity was found very inconvenient to the publick. Since therefore your Majesty is taking into your Royal consideration the necessary incouragements for importing of Naval Stores in genl. we thought it our duty to mention this among the rest, because there is great plenty of iron ore to be found in your Majesty's Plantations in America, where wood for the furnaces likewise abounds. A Bill formerly passed the House of Commons wherein the incouragement proposed for importing iron in pigs and sows from America was the taking off the duty payable upon the importation of that commodity which amounts to 3s./9½d. pr. ton; and the same incouragement would in our opinion engage the planters to furnish us with sufficient quantities of iron to supply our manufacturers. These being our sentiments concerning the methods for the preservation of your Majesty's woods, and the encouragement for the importation of Naval Stores from your Majesty's Colonies in America; we have prepared the draught of a bill agreeable thereunto; which we take leave to transmit, together with this our report, that in case our opinion should meet with your Majesty's Royal approbation, no time might be lost in putting your Majesty's commands concerning the same in execution. But as we conceive it is not reasonable that præmiums should be given upon any Naval Stores, but such as are actually employed at home for the service of the British Navigation, we would humbly submit to your Majesty, whether it may not be proper before this Bill be offered to the House of Commons, that a clause should be prepared to provide that upon the re-exportation of Naval Stores which received præmiums, the sd. præmiums or an equivalent for them, should be repaid to the publick. Annexed,
118. i. Draught of an Act for the better and more effectual preservation of H.M. woods in America, and for encouraging the importation of Naval Stores from thence. [C.O. 324, 11. pp. 65–97.]
March 20.
Jamaica.
119. Governor Hunter to Mr. Stanyan. The storeship has arrived "in twelve weeks three days from the Downs. She comes in good time for this squadron, wch. wants rigging and stores much. Mr. Hopson with all the squadron except the Berwick, and Capt. Anstey's ship, is still on ye coast" etc. Our sloops from that coast tell me the galleons are all there (at Cartagena) safe enough tho' not very sound; their cargo at Panama. I can say nothing of our publick affairs till the Assembly has mett, which will fall out to-morrow seven night. All is pretty serene and quiet here at present, except some disturbances from remote places from the wild negroes. Send me your resolution as to Mr. Bowerman's offers in relation to Mr. Coleman's affaire, and some of your spare newspapers. If I could be of any use here to you or any you are concerned for, it would be matter of satisfaction to me etc. P.S. My most humble duty to his Grace etc. Signed, Ro. Hunter. Endorsed, Rd. May 31st. Holograph. 2 pp. [C.O. 137, 53. ff. 26, 26v., 27v.]
March 20.
Whitehall.
120. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before H.M. Autograph signatures. 1 p. Enclosed,
120. i. Petition of Majority of Assembly of Barbados to the King. Duplicate of No. 6 i. [C.O. 28, 39. Nos. 42, 42.i; and (without enclosure) 29, 14. p. 439.]
[Mar. 20.]121. Proceedings of Court of Chancery, Barbados, May 17, 1727—March 20, 1728. 12 pp. [C.O. 33, 27. No. 10.]
March 20.
Whitehall.
122. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before the King. Annexed,
122. i. Same to the King. We humbly lay before your Majesty enclosed draught of Instructions for Governor of New Hampshire (No. iv) with some few alterations and our reasons for the same. There being two vacancies in your Majesty's Council of New Hampshire by the death of Mr. Vaughan and Mr. Penhallow, we have inserted the names of Henry Sherburn, and of Saml. Penhallow Esqrs. to supply the said vacancies etc. We have added the 30th Article requiring the Assembly to settle upon Mr. Burnet a sallary of £200 pr. annum, in pursuance of your Majesty's Order in Council, 15th Feb. We have omitted the 72nd Article of Collo. Shute's Instructions directing him to endeavour to get a law past for restraining of inhuman severities towards servants and slaves, a law having been passed for that purpose. We have made no other alteration or addition to these draughts, except, what your Majesty has already approved in your Instructions to the Earl of Orkney, Governor of Virginia. Annexed,
122. ii. Same to Same. Lay before H.M. enclosed draught of Instructions for Governor of the Massachusets Bay. Continue:—We have added the 23rd Article, requiring the Assembly to settle upon Mr. Burnet, a salary of £1000 pr. annum, in pursuance of your Majesty's Order in Council, 15th Feb. We have omitted the 68th Instruction formerly given to Colo. Shute, in relation to the qualification of jurors, it being now provided for, by the laws of that Province. We have left out the latter part of the 44th Instruction, obliging the planters to keep a certain number of white servants ; but there being very few, if any negroes in the Province, we think it more properly omitted. There having been no stores of war sent from the Office of Ordnance here, to the Massachusets Bay for several years past, and the fort at Pemaquid being of no use since the Province of Nova Scotia has been yeilded up to the Crown of Great Britain, we have omitted part of the 58th Instruction in relation thereto. We have altered Colo. Shute's 40th Instruction in relation to the appointment of an Attorney Genl. and expressed Mr. Burnet's 70th upon the same subject in such terms, as may prevent the General Court, from taking upon them to nominate the Attorney Genl. as they have some- times done, altho' the naming that officer is undoubtedly your Majesty's right. Concludes as preceding.
122. iii. Draught of H.M. Instructions for William Burnet, Governor of the Massachusets Bay, together with Instructions relating particularly to the Acts of Trade and Navigation. St. James, 28th March, 1728.
122. iv. Draught of H.M. Instructions to William Burnet, Governor of New Hampshire, together with Instructions relating particularly to the Acts of Trade and Navigation. St. James's, 28th March, 1728. [C.O. 5, 916. pp. 62–165.]
March 21.
St. James's.
123. Order of King in Council. Referring to Committee draughts of Governor Burnet's Instructions. Signed, Edward Southwell. Endorsed, Recd. 29th, Read 30th April, 1728. 1¼ pp [C.O. 5, 870. ff. 61, 61v., 62v.]
March 21.
St. James's.
124. Order of King in Council. Approving report of 7th March, and restoring Samuel Barwick to the Council of Barbados. Signed, Edward Southwell. Endorsed, Recd., Read 12th April, 1728. 2¼ pp. [C.O. 28, 19. ff. 176–177v.]
March 21.125. Mr. Meure to [? Mr. Delafaye]. Encloses application from Lt. General Mathew for H.M. leave of absence for six months etc. Concludes:—Mr. Mathew writes that the sale of the French lands of St. Christophers is just now compleated. Signed, Abraham Meure, of Rose Street in Soho. 2 pp. [C.O. 152, 43. ff 27, 27v.]
March 21.
St. James's.
126. H.M. Warrant granting licence of absence to Thomas Windham, Register of Chancery and Patents in Jamaica, and to exercise his office by deputy, "he having humbly represented to us, that being employed in Our service at home, he cannot without prejudice thereto, as well as to his own private affairs, attend the said office in person" etc. Cf. 29th Feb., 1728. Countersigned, Holles Newcastle. [C.O. 324, 36. pp. 44, 45; and 324, 50. pp. 3, 4.]
March 23.127. Governor the Earl of Londonderry to the Council of Trade and Plantations. I take ye liberty to acquaint your Lordships that Collo. Gamble one of the Counsell of Antegoa is dead, and that there is now two vacancys, by which means both Major Thomas and Mr. Carlile might be brought into the Counsell there, if it meets with your Lordships, and the rest of the Lords approbation, etc. Signed, Londonderry. Endorsed, Recd., Read 26th March, 1728. Holograph. 1 p. [C.O. 152, 16. ff. 188, 189v.]
March 25.
St.
Christophers.
128. Lt. General Mathew to the Council of Trade and Plantations. Transmits act of Antego, for encreasing the salary of the present Agent etc. Signed, William Mathew. Endorsed, Recd. 27th May, 1728, Read 28th March, 1729. 1 p. [C.O. 152, 17. ff. 5, 6v.]
March 25.129. Petty expences of the Board of Trade from Christmas, 1727 to Lady day, 1728. 6 pp. [C.O. 388, 79. Nos. 18–21.]
[? March
25 ?]
130. Six Lords Proprietors of Carolina to the Committee of the Privy Council for the Irish bills and affairs of Carolina. Enclose following estimate as directed March 19 (v. A.P.C. III. p. 174). Continue:—For want of a proper Register they cannot offer it as an exact account of their arrears, judging upon a strict enquiry much more will be found due to them. They therefore propose that an additional sum of £5000 be paid to them in quittance of such arrears etc. as set out, A.P.C. III. p. 176. Pray that a time may be fixed for the execution of the surrender and payment of the mony in order to prevent the great damage which a long suspence may occasion to the inhabitants and the Province in general as well as to Memorialists in particular, who would be ready and willing to close with some of the proposals which have been made to them for the better setling the Province, which they would not presume to engage in till H.M. Royal pleasure is known. Signed, Beaufort, Craven, Ja. Bertie, Hen. Bertie, J. Colleton, Arch. Hutcheson. Annexed,
130. i. Estimate of arrears due to the Proprietors of North and South Carolina. The insurrection in South Carolina which began about 1718 hath not only interrupted all manner of correspondence between the Proptrs. and that province ever since, but also had a considerable influence upon North Carolina; and the Surveyors General having neglected their duty and made no return as they ought to have done, the Proptrs. have no rent roll and consequently are not able to give a full account of their arrears due to them, for which reason they begin their demands only from 1719 inclusive being 9 years arrears which may be computed for both Provinces at least at £800 pr. annum free of all charges in the whole amounting to £7,200. Fines set and collected in Governor Nicholson's time which belong of right to the Proptrs., and they are informed are now or lately were in the hands of Messrs. Godin and Consiliere of S. Carolina, £500. The tenths upon mines proposed to be wrought of which a sample of the oare was sent over, they value at £1000. The tenths reserved upon the whale fishery in North Carolina granted four years ago which according to the account received must have been considerable, valued for the 4 years at £800. N.B. There have been no accounts setled between the Proptrs. and their Receivers for above 10 years before 1719 etc. It is judged that if those accounts were regularly adjusted, there would be at least £6000 more due to the Proprietors etc. About £10,000 sterling per annum is raised in South Carolina by dutys upon land negroes and other commoditys appropriated for defraying the expence of the Government which does not regularly amount to half that sum, so that if it were duly collected, and apply'd it would not only supply what is necessary for the support of the Government but also afford an overplus for the general improvement of the Province. Account of claims upon the Proprietors:—To the Crown for the quit-rent reserved by the Charter, about £300; To the Secretary for his arrears and disbursements, £1039 7s. 1d.; To the Clerks, £165; To Sollicitors, Attorneys, Agents etc. for 9 years, £620; To Judge Trot, salary for two years, £200; To Mr. Craven, money advanced for the public service, £200; To ditto, a present ordered by the Proptrs. upon his not returning to the Government in consideration of his good services as Governor of S. Carolina in defending the Province and repulsing the Indians, £1000; To Mr. Johnson for arrears of salary after the people refused to pay their quit rents, £400; To house rent where an office was kept, £400; To extraordinary charges and gratifications, £500. Total, £4824 7s. 1d. Signed as preceding. [C.O. 5, 290. pp. 267–272.]
March 27.
Whitehall.
131. Council of Trade and Plantations to the Duke of Newcastle. In obedience to H.M. commands (15th March), we have reconsidered our Representation (27th Feb.) etc., and take leave to inclose the same, in order to its being laid before H.M. Autograph signatures. 1 p. Enclosed,
131. i. Same to the King. Representation upon the Duke of Montagu's petition for a grant of Tobago. In same words as 27th Feb., but with the following passage inserted:—Were this Island effectually settled, the Revenues of the Crown would be increased by the importation of the product thereof to Great Britain; the duty paid upon the importation of sugars from Barbados, amounts to abt. £25,000 p. annum, of which £10,000 belongs to your Majesty's Civil List Revenue, and this Island being as large if not larger than Barbados, and capable of the same produce with Barbados, it is not to be doubted but that in a few years, the product of Tobago must yeild a very considerable revenue to your Majesty; the duty of 4½ p. cent, when this Island is settled, will likewise be a considerable addition to your Majesty's Revenue. The French having greater quantities of fresh sugar land than the English; which produce with little or no charge of manure, and giving greater incourage- ment to all their Plantations in America, particularly by a late edict allowing their planters to carry their sugars directly to foreign markets, they are able to undersell Great Britain in all parts of Europe, for which reason all proper methods should be taken to put your Majtys. subjects upon a more equall footing with the French in this particular, and it is not to be doubted but the planting of sugar canes on the fresh lands in Tobago, will very much contribute to this desirable end. The French are already very powerfull in their sugar Colonies and are daily endeavouring to encrease them by obliging every ship that goes to their Islands, to carry thither a certain number of family's, which will make it the more necessary for your Majesty's service, that all possible encouragement should be given for the settling and planting of Tobago, which will be an additional strength to your Majesty's Colonies in those parts. And altho' the inhabitants of your Majesty's Sugar Islands may apprehend that it is not for their particular advantage, that Tobago should be planted, and have formerly oppos'd it, least this new Plantation should reduce the price of sugars, yet when it shall be duly considered how necessary it is that your Majesty's subjects should go to foreign markets upon equal terms with their neighbours, who as has been already observ'd, do greatly undersell us: it will not be thought reasonable that the interest of the sugar Plantations should stand in competition with that of Great Britain. The settling of this Island will increase the exportation of the product and manufactures of Great Britain and the importation of the product of that Island to Great Britain, as well as the re-exportation of it from hence to foreign countrys, will necessaryly encrease the number of British ships and seamen, to the great benefit of Trade and Navigation of this Kingdom. The situation of Tobago renders it of very great consequence, because most ships going from Europe, or Africa, to the Spanish West Indies, sail in sight of, or near this Island, and it is so situate with respect to Barbados, that should it fall into the hands of any foreign power, they would have the same advantage in case of a rupture, over Barbados, to make invasions thereon, as the French from Martinique had in the late war, against St. Christophers, Nevis and Montserrat; the windward situation of this Island with respect to Barbados being pretty near the same with that of Martinique with respect to your Majesty's Leeward Islands. Continues as 27th Feb. [C.O. 29, 14. pp. 440–447; and (covering letter only) 285, 2. No. 7.]
March 27.
St. James's.
132. H.M. Warrant restoring Samuel Barwick to his place in the Council of Barbados, he having now rendered his accompts etc. cf. 19th Jan. 1719. Countersigned, Holles Newcastle. [C.O. 324, 36. pp. 46, 47.]
March 28.
St. James's.
133. Order of King in Council. Whereas H.M. in Councill was this day pleased to order, for the better preservation of the woods in North America, that the Lords Commissioners of His Treasury, should give directions to the Surveyor of H.M. woods to reside constantly in some of H.M. Plantations on the Continent, and to proceed without loss of time to Nova Scotia, and lay out such tracts of land there, as shall appear most proper for producing masts and other timber for the use of the Royal Navy, not amounting to less than 200,000 acres; and that they should appoint two or more Deputys, conversant in the use and value of timber, being ship-carpenters by profession, with competent salarys, to assist the said Surveyor in the execution of his duty, and whereas H.M. judges it necessary, that the Governors of all the Plantations on the Continent of North America, should be aiding and assisting to the said Surveyor and his Deputys, [He] is hereby pleased to order, that the Lords Commissioners for Trade and Plantations do forthwith prepare a draught of Instructions, proper to be sent to the said Governors for that purpose, and present the same to His Majesty at this Board for his royall approbation. Signed, Edward Southwell. Endorsed, Recd. 1st, Read 2nd April, 1728. 1¾ pp. [C.O. 323, 8. No. 87.]
March 28.
St. James's.
134. Order of King in Council. Described in preceding. Signed, Edward Southwell. Endorsed, Recd. 15th Aug., Read 20th Nov., 1728. Copy. 2½ pp. [C.O. 323, 8. No. 97, pp. 1–3.]
March 28.
St. James's.
135. Order of King in Council. Approving draughts of Instructions for Governor Burnet. Signed, Edward Southwell. Endorsed, Recd. 29th, Read 30th April, 1728. 2 pp. [C.O. 5, 870. ff. 63, 63v., 64v., and 5, 194. f. 138 a, b.]
March 28.
St. James's.
136. Copy of above Instructions. [C.O. 5, 194. ff. 139–277.]
[Mar. 28.]137. Copy of Governor Burnet's instructions relating to his salary. 2½ pp. [C.O. 5, 10. Nos. 20 and 185.]
March 29.
Whitehall.
138. Council of Trade and Plantations to the Lords Com- missioners of the Treasury. Enclose accounts to Lady day of Office incidental charges and request payment thereof and of officers' salaries. Account annexed. [C.O. 389, 37. pp. 288, 289.]
March 29.
Whitehall.
139. Council of Trade and Plantations to the Duke of Newcastle. Enclose following, in reply to 16th Nov., 1724, q.v. Autograph signatures. 1 p. Enclosed,
139. i. Same to the King. Quote Governor Hart's reply as to the runaway negroes of Mr. Garret of Guadeloupe etc. Represent that Mr. Garret has not so much reason to complain, considering that he may have redress, by due course of law, for any wrong sustained. But if the French Governor of Marygalante will make restitution to Mr. Molineux, of those negroes which have been unjustly detain'd from him, we would likewise humbly propose that your Majty's Governor of the Leeward Islands may be directed to restore to Mr. Garret so many negroes as he can prove a title to. [C.O. 152, 40. Nos. 23, 23.i; and 153, 14. pp. 317–320.]
March 30.
Whitehall.
140. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, two Acts of Barbados (i) for laying a duty upon wines etc., and (ii) to prevent the carrying off of negro slaves etc.; and two bills passed by the Assembly, 1727 (i) to ascertain the elections, powers and proceedings of church-wardens etc., and (ii) to exclude members of the Assembly from certain offices etc. [C.O. 29, 14. pp. 448, 449.]
March 30.
St. James's.
141. H.M. license of absence for Lt. General Mathew for six months upon his urgent occasions. Countersigned, Holles Newcastle. [C.O. 324, 36. p. 54; and 324, 50. pp. 37, 38.]