America and West Indies
April 1728


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Cecil Headlam (editor) Arthur Percival Newton (introduction)

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'America and West Indies: April 1728 ', Calendar of State Papers Colonial, America and West Indies, Volume 36: 1728-1729 (1937), pp. 75-87. URL: Date accessed: 28 November 2014.


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April 1728

April 3.142. Lord Craven to the Duke of Newcastle. I am forc'd (now the gout has taken possession of me) to inform you by this letter etc. that as I and the rest of the Proprietors have agreed to part with our interest in Carolina, upon such terms, as H.M. has been pleas'd to accept, and such as we thought most conducive to the benefit of the publick in general, and the interest of that Province in particular; so we continue our hearty desires, and shall endeavour, yt. that Colony may flourish, and be of most benefit to the Kingdom of Great Britain; In order to this we earnestly desire that your Grace will be pleas'd to recommend Col. Horsey to H.M. to be the Governour, who in our opinion is a person the most proper and fit for the execution of that trust, and to settle and quiet the troubles, and extream great difficulties and disorders that the Colony is now under; He does not want to make a fortune there; nor will he go with any such view; and we are confident by the information we have receiv'd from thence, he will be the most acceptable person to the inhabitants H.M. can send; We each of us design to take up such tracts of land, and upon such terms as H.M. shall be pleas'd to grant 'em to us; so yt. each of us may be as serviceable as we can in the setling and peopling of the country. But we can't concern ourselves, if Mr. Johnson (who was our former Governour) is sent to command there, of whose conduct and disability we have had such wofull experience; I therefore once more intreat your Grace to use your interest in Col. Horsey's favour, who has been so very instrumental in procuring this surrender, and is the only person we know, yt. is capable to settle the quiet and repose of that Colony. Signed, Craven. 3½ pp. [C.O. 5, 387. No. 79.]
April 4.
143. Commodore St. Lo to Mr. Popple. Encloses following. Signed, John St. Lo. Endorsed, Recd., Read 5th April, 1728. Addressed. ½ p. Enclosed,
143. i. Remarks on the Fishery of Placentia. If the houses and beaches belonging thereto were restored to the fishermen and planters, who have been obliged to leave, it would mean an increase of fish caught resulting in an increase of £30,000 to H.M. Revenue etc. 1 p. [C.O. 194, 8. ff 167, 168, 170v.]
April 4.
St. James's.
144. Order of King in Council. Whereas H.M. was pleased by his Order in Council of 15th June, 1727, to declare his royal pleasure, that in all the prayers, litanies and collects for the Royall Family, instead of the words [H.R.H. George Prince of Wales, the Princess and their issue and all the Royal Family] there should be inserted [Our Gracious Queen Caroline, the Royal issue, and the rest of the Royal Family], orders that the Lords Commissioners for Trade and Plantations prepare draughts of Instructions signifying the same proper to be sent to all the Governors of H.M. Plantations in America. Signed, Ja. Vernon. Endorsed, Recd., Read 10th April, 1728. l 1/3rd pp. Enclosed,
144. i. Order of King in Council, 15 June, 1727, referred to in preceding. Printed. 1 p. [C.O. 323, 8. Nos. 88, 88. i.]
April 5.145. List of Carolina papers. Endorsed, Recd, from Mr. Wrag. Read 5th April, 1728. 1 p. [C.O. 5, 360. ff 32, 33v.]
[April 5.]146. Accounts of the Treasurer of S. Carolina with report of the Committee of Public accounts thereon. Nov. 23, 1725. Signed, James Kinloch, Benja. De la Conseillere. Endorsed, Recd, (from Mr. Wrag) 6th July, Read 28th Sept., 1727. 8¾ pp. [C.O. 5, 360. ff. 34v.–38v., 40v.]
[April 5.]147. Petition of inhabitants of the parishes of St. Paul and St. Bartholomew to the Assembly of S. Carolina. Welcome the summoning of Assembly, in accordance with their repeated requests, and pray that the Currency may be regulated, the Habeas Corpus Act observed and other abuses remedied etc. 87 signatures. Endorsed, Recd, (from Mr. Wrag), Read 5th April, 1728. Copy. 4½ pp. [C.O. 5, 360. ff 41, 42, 43, 44, 45, 45v.]
[April 5.]148. Similar petition from inhabitants of the parish of St. Thomas and St. Dennis. 46 signatures. Endorsed as preceding. Copy. 4½ pp. [C.O. 5, 360. ff. 46, 47, 48, 49, 50, 50v.]
[April 5.]149. Similar petition from inhabitants of Christ Church parish. 39 signatures. Endorsed as preceding. Copy. 4 pp. [C.O. 5, 360. ff. 51–52v.]
[April 5.]150. Memorial of Landgrave Thomas Smith to the Assembly of S. Carolina. Complains that on 11th June, 1727, he was arrested and committed on a charge of high treason in endeavouring to raise an insurrection, and in spite of his application for a writ of Habeas corpus, remains in prison without trial, owing to the action of Thomas Hepworth the late Chief Justice. Petitioner is one of the oldest setlers, and has spent 25 years in the Council and Assembly serving the public at his own charge etc. Prays that he may be declared within the benefit of the Habeas Corpus Act etc. Signed, Thomas Smith. Endorsed as preceding. Copy. 2 1/3 pp. [C.O. 5, 360. ff. 53, 54, 55, 55v.]
[April 5.]151. Petition of the inhabitants of the parish of St. James Santee to the Assembly of S. Carolina. Petition for the regulation of the currency and other abuses. Ask that the right of H.M. subjects to petition the Governor and Council to call the General Assembly may be asserted, and that those who denounce them as factious and seditious and imprison them for doing so are betrayers of the rights and liberties of the subjects of England. 30 signatures. Same endorsement. Copy. 3½ pp. [C.O. 5, 360. ff. 56–57v.]
[April 5.]152. Similar petition from inhabitants of parish of St. Johns. 52 signatures. Same endorsement. Copy. 4 pp. [C.O. 5, 360. ff. 58–59v.]
[April 5.]153. Minutes of Council and Assembly of S. Carolina, Oct. 31, 1727, concerning the Proclamation of King George II. Same endorsement. Copy. 2 pp. [C.O. 5, 360. ff. 60, 61, 61v.]
April 5.
154. Duke of Newcastle to the Council of Trade and Plantations. H.M. having been pleased to continue Henry Worsley Esq. in the employment of Governor of Barbados in America, you are to prepare draughts of a Commission and Instructions for him etc. Signed, Holles Newcastle. Endorsed, Recd. 5th, Read 9th April, 1728. ½ p. [C.O. 28, 19. ff. 174, 175v.]
April 5.
155. Council of Trade and Plantations to the King. Refer to representation of 16th March, 1727, proposing recall of Lt. Govr. Gledhill. Continue:—Since this, we have had under our consideration several letters from Capt. St. Lo etc., and discoursed with him since his return home. We find that Col. Gledhill still continues to interrupt and disturb the Fishery at Placentia, by obliging the fishermen to pay him certain sums of money for the Beach they possess, in direct opposition to the Act for encouraging the trade to Newfoundland, whereby all your Majesty's subjects have liberty freely to trade and fish at Newfoundland and the parts adjacent, to go ashore, to cure fish and make oyl, cut wood, and do whatever else may be useful in the fishing trade, without any hindrance etc. This proceeding of Col. Gledhill is also a manifest breach of your Majesty's Instructions, whereby neither he nor any of the Garrison of Placentia are to concern themselves in the Fishery etc. As we have receiv'd several complaints of this nature against Col. Gledhill, to which he has never yet given us any satisfactory answer, and as we find that he still continues to disturb the Fishery notwithstanding the aforesaid Act of Parliament and your Majesty's Instructions, we take leave to represent our humble opinion, that it will be for your Majesty's service that he be immediately remov'd from his imployment. [C.O. 195, 7. pp. 152–154.]
April 5.
156. Council of Trade and Plantations to the King. In obedience to Order of 28th March, enclose following etc. Annexed,
156. i. Draught of Additional Instruction to the Governors of New York, New Jersey, New Hampshire, the Massachusets Bay, Rhode Island and Connecticut, to be aiding and assisting to the Surveyor General of the Woods or his Deputies etc. in preventing the destruction of H.M. woods, or in punishing such as shall be found offending therein etc. Printed, Conn. Hist. Soc. Coll. IV. 118. [C.O. 324, 11. pp. 97–99.]
April 5.
157. Mr. Popple to Mr. Fane. Encloses, for his opinion thereon in point of law, 3 Acts of St. Kitts, 1727. (i) for regulating vestries and erecting into parishes those parts of this island formerly belonging to the French, and repealing two former acts for regulating vestries and parishes etc. (ii) to enable the several parts of this island formerly belonging to the French to choose and send Representatives to serve in the Assemblies, to declare and ascertain the number of Representatives for the whole island, what number each parish shall elect, and the several qualifications of the electors and candidates, to secure the freedom of elections, and for repealing the Act for preserving the freedom of elections, 1711, etc. (iii) An Act repealing an Act for settling £2000 per annum upon Governor Hart etc., and for appropriating the monys payable thereby to his said Excellency from 25th June, 1727, and for declaring in what specie the duty commonly called the three shilling duty shall be hereafter paid. [C.O. 153, 14. pp. 321–323.]
April 5.
158. Same to Edward Warner. My Lords Commissioners observing that you have been some time absent from the Council of St. Kitts, desire you will let them know on Tuesday morning, whether and when you will return etc. Similar letter to Archibald Cockran and John Yeamans, Councillors of Antigua. [C.O. 153, 14. p. 324.]
[April 6.]159. (a) Proclamation of King George II. Nevis, Sept. 26, 1727. Signed, by the Lt. Governor, Council, Assembly and inhabitants. 67 signatures. Endorsed, Recd. 6th April (from Mr. Jno. Sharpe), Read 20th June, 1728. 1 p.
(b) Christenings and burials in the parish of S. Paul, Nevis, Michaelmas, 1726–1727. Totals:—Baptisms, 8; burials, 12. Signed, Robert Robertson, Minister. 1 p. Endorsed, Recd. 6th April (from Mr. Jno. Sharpe). 1 p.
(c) Account of negroes imported, Nevis, 25th March, 1727. One shipload of 35, of which 12 were sold and the rest exported. Average price £27 3s. 6d. Endorsed as preceding. ½ p.
(d) Annual public charges of Nevis. Total:—£360. Signed, William Mathew. 1 p.
(e) Account of licences issued in Nevis (8). Oct. 10, 1727. Signed, Edwd. Bridgwater, Treasr. 1 p.
(f) Account of arrears received due to the public. Signed and dated as preceding. 1 p.
(g) Account of tonnage of 3d. upon vessels (7). Total:—£6 Is. 10½d. Signed and dated as preceding. 1 p.
(h) Account of disbursements since June 1st, 1727. Total:— £234 8s. 0¾d. Same date and signature. 1 p.
(i) Receipts from public levy, June 1st—Oct. 10th, 1727. Total:—£163 10s. 6½d. Same signature and date. 1 p.
(j) Receipts from public levy in 1725. Total:—£102 13s. 9¾d. Same signature and date. 1 p.
(k) Account of duty upon liquors, 1st June—Oct. 10th, 1727. Total:—£62 5s. 10d. Same date and signature, ¾ p.
(l) Account of charges on account of the forts. Total:— £102 1s. 3d. Same date and signature. 1¼ pp.
(m) Account of charges for the prison and stocks. Total:— £6 17s. 9d. Same date and signature. ½ p.
(n) Account of military salaries (montrosses etc.), 25th June—10th Oct., 1727. Total:—£100. Same date and signature. 1 p.
(o) State of Publick of Nevis its accompts, 1st June—10th Oct., 1727. Total:—Expenditure, £517 17s. 0d.; Receipts, £487 6s. 8d. Same date and signature. Endorsed, Recd. 6th April, 1728 (from Mr. Sharpe). 2 pp.
(p) Account of Ordnance and stores in the magazine and forts at Nevis, 3rd Oct., 1727. Signed, John Richardson, Gunner, W. Hopkey, Capt. and Gunner. Endorsed as preceding. 1 large p. [C.O. 152, 16. ff. 340–343, 344, 345, 346, 347, 348, 349, 350, 351–352, 353, 354v.–356v.]
April 9.160. Edward Warner to the Council of Trade and Plantations. Reply to April 5. After residing at Antigua 13 or 14 years was obliged (with Governor Hart's licence for a year) to come over for the mending a shattered constitution and for the education of a young family, as well as to settle some affairs, which absolutely required his personal attendance. Hopes that fourteen months or so will complete his business and health and enable him to return. Asks the Board to intercede for H.M. licence of leave for two years longer etc. Signed, Edward Warner. Endorsed, Recd., Read 9th April, 1728. 2 pp. [C.O. 152, 16. ff. 312, 313, 313v.]
April 9.
161. Governor Worsley to the Duke of Newcastle. Refers to letter of 13th Jan. Continues:—Not having received H.M. commands upon their past conduct, I again prorogued the Assembly to the 30th instant, and do design to prorogue them further. In June next they must of course be dissolved, in that there may be sufficient time for the election of a new Assembly, and afterwards for their passing a new Excise bill before the present Act expires, which will be the beginning of August next. As I had the honour to advise your Grace that I had ordered the several officers to lay a list of their fees before me in Council, I have now transmitted the greatest part of them in the Minutes of Council, which accompany this. After I had ordered them to be read in Council, I appointed a Com- mittee of the whole Council, or any five of them to inspect and examine into them, and to have recourse to all papers and books in the several offices, and to summon the said officers before them to examine into the premisses, and to lay the list of fees now hanging up in the said offices before them and that copys of the same should be returned to me together with the said Committees proceeding thereon. Collo. Montgomery who arrived here the 23rd of January, departed the 23rd past for his Government, having been forced by bad weather off the coast of New York, the man of war was obliged to bear away for this Island in order to be refitted. Thomas Maxwell Esqr. one of H.M. Council lately dyed here. Signed, Henry Worsley. Endorsed, Rd. June 4th. 3 pp. [C. O. 28, 44. No. 119.]
April 9.
162. Same to the Council of Trade and Plantations. Duplicate of preceding. Concludes:—'Tis but lately I had the honour of receiving your Lordps' letter of 31st Aug. in relation to the Minutes and Acts not being abstracted in the margins. I have ordered the officers to take particular care to do it for the future. P.S. This goes by the Maxwell galley etc. Signed, Henry Worsley. Endorsed, Recd. 3rd, Read 19th June, 1728. 3 pp. [C. O. 28, 19. ff. 190–191v.]
April 10.
163. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before H.M. Auto- graph signatures. 1 p. Enclosed,
163. i. Same to the King. Reply to 31st Jan., 1727, upon address of Assembly of St. Kitts relating to Lt. General Mathew's accounting for money appropriated for erecting a fortification. Continue:— We wrote to Lt. Gen. Mathew etc. and have now received his answer to the said complaint, as also an Address from the present Assembly to him, wherein they take notice "that all his receipts and disbursements on the aforementioned acct. were kept with a more perfect exactness than it was reasonable to expect, since every single article was proved to be paid and expended for the publick use." And since by this it appears that the cause of that Assembly's complaint is intirely removed, we will not trouble your Majesty with a long state of what was offered on each side, but only beg leave to annex a copy of the last mentioned Address. Autograph signatures. 2½ pp.
163. ii. Copy of Address of Assembly of St. Kitts. v. Jan. 31, 1727. [C. O. 239, 1. Nos. 38, 38 i, ii; and (without encl. ii) 153, 14. pp. 326, 327.]
April 11.
164. Mr. Popple to William Gerrish. My Lords Commis-sioners observing that you have been some time absent from the Council of Montserrat etc., desire you will let them know, by the bearer, or before 10 of the clock to-morrow morning, whether you intend to return; and if you do intend it, how soon. [C.O. 153, 14. p. 327.]
April 11.
St. James's.
165. Order of King in Council. Referring following to the Council of Trade and Plantations for their immediate con- sideration and report. Signed, Ja. Vernon. Endorsed, Recd. Read 16th April, 1728. 1½ pp. Enclosed,
165. i. Petition of Governor Hart to the King. Prays for repeal of an Act of St. Christophers for repealing an Act for settling £2000 upon Governor Hart etc., which received the Royal assent. Lt. General Mathew acted not only contrary to his Instructions in passing such a law without a clause to suspend its execution until H.M. pleasure should be known, but also in contempt of H.M. authority and in derogation of H.M. prerogative. This Act was brought into the Assembly, read and past there, brought into the Councill read and past there, and assented to by Lt. Genl. Mathew in less than three hours of one day, 19th Dec, in breach of the constitution of St. Christophers and orders of Assembly etc. 10 pp. [C. O. 152, 16. ff 314, 315–319v., 321v.]
April 12.
166. Mr. Burchett to Mr. Popple. My Lords Commissioners of the Admiralty having appointed three of H.M. ships for this year's service at Newfoundland, under the command of Lord Vere Beauclerke, who goes to St. Johns in the Kinsale, with the Squirrel; as Capt. Henry Reddish, in the Experiment, is design'd for Placentia, and Canso, etc. requests Instructions and Heads of Enquiry as usual. Signed, J. Burchett. Endorsed, Recd., Read 16th April, 1728. Addressed, ¾ p. [C. O. 194, 8. ff 171, 172v.]
April 12.
167. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before H.M. Annexed,
167. i. Same to the King. Enclose Instructions for Governor Lord Londonderry. Refer to a clause relating to the position of the Lt. General of the Leeward Islands in the several Councils. This passage together with the clause referred to was cancelled. Have inserted names of new Councillors, (a) Thomas Butler and Daniel Smith to supply vacancies in Nevis (b) James Milliken in place of Pym Burt, for St. Kitts, the latter being omitted as being already of the Council of Nevis, (c) John Roberts, William Lyddel and John Bramley for vacancies in Montserrat, (d) George Thomas and Francis Carlisle to supply vacancies in Antigua. The 33rd Article, relating to an additional salary, is made conformable to the Order in Council, 15th Feb. last. Conclude:—We have made no other alteration or addition except what your Majesty has approved in Instructions to other Governors etc., except the leaving out the name of Sherrif in the 11th and 42nd Articles, the duty of that place being done by the Provost Marshal and his Deputies. Annexed,
167. ii. H.M. Instructions for Governor Lord Londonderry, as described in preceding. [C. O. 153, 14. pp. 328–400.]
April 12.
168. Council of Trade and Plantations to Governor Worsley. Acknowledge letters of 16th and 26th Oct., 21st Nov., 4th Dec. and 13th Jan. last. Continue :—In your letter of 16th Oct. you take notice that you had receiv'd no order for altering the form of prayers for the Royal Family, but as we have now receiv'd directions to prepare a proper Instruction for that purpose, you will shortly receive the same. We take notice of another paragraph in your said letter, that the Assembly of Barbados have assum'd to themselves, a power not only of adjourning, but also of adjourning from place to place ; As we think this a power to which they have no manner of title, we shall report this case to H.M., that you may receive a proper Instruction for preventing the same for the future. We have consider'd the Minutes of the Assembly of the 5th Oct., to which you refer'd us, for a motion made by Gelasius McMahone Esq. and seconded by Thomas May cock Esq. for the Assembly to appoint a Committee to examine into the reasons why the publick Court house and goal, for the building of which an Act had been passed for raising a levy two years ago, was not yet begun ; upon this occasion, altho' we think it would have been decent for the Assembly to have apply'd to you for the proper orders in this affair, yet we are of opinion that the Assembly have an undoubted right to enquire into the execution of those laws whereby money is raised for public uses. We observe by your letter of 4th Dec, that the Assembly have addressed you for an accot. of Patent Officers' fees, as also for a copy of the report which the Judges and Attorney General made upon a complaint against the Deputy Provost Marshal, and that you have order'd the several officers to lay before you in Council, a list of their respective fees ; tho' the Members of the Assembly, as private men, may have recourse to the several offices for an account of the said fees, yet we think that regard ought to be paid to Assembly's Address, and an acct. of ye said fees laid before them, more especially since if any complaint of exaction should want redress, no law can be brot. into the Assembly for that purpose, without ye assistance of such lists, and other proper papers, or records, to shew what fees are reasonable, and legal, and what not. We have sent to Mr. Fane the Acts and bills you enclosed etc. (v. 30th March). We shall lay before H.M. the bill to ascertain the elections of churchwardens etc., that you may know H.M. pleasure concerning the same. We take this opportunity of congratulating you upon your being reappointed Governor of Barbados. P.S. April 17th. We can't omit this oppor- tunity, of acquainting you, with an account we have had from Barbados, by which it appears that the French at St. Vincents do raise and export great quantities of corn, and that Barbados has of late been supply'd with several sloop-loads thereof. We are likewise informed that a French man of war was expected from Martinique, to seize what English sloops should be found at St. Vincents, or to know by what authority they cut timber there. As we have received no information of this nature from you, we would hope the above accounts are not true, nevertheless we desire, you will send us a state of this matter by the first conveyance. [C. O. 29, 14. pp. 450–453.]
April 12.
169. Council of Trade and Plantations to the King. In obedience to Order of 4th April, enclose following. Annexed,
169. i. Draught of Additional Instructions to Governors of Plantations, relating to alterations in the Prayers for the Royal Family. Printed, Penn. Archives, 1st Ser. I, 228. [C. O. 324, 11. pp. 100–102.]
April 17.170. Mr. Fane to the Council of Trade and Plantations. Report upon Act of St. Christophers to repeal Act settling £2000 upon Governor Hart etc. It is plainly passed in derogation to the prerogative of the Crown, it being indisputably clear that when the Crown has confirmed a law passed in the Plantation the Assembly there have no further power over that law but are obliged to see the same carried into due execution until H.M. shall be pleased to allow and permit a repealer thereof whereas in this Act the Legislature of St. Christophers have assumed an absolute power over the prerogative by repealing in positive and express termes the Act of the Crown without any clause being inserted therein to suspend the execution thereof until H.M. pleasure should be known concerning the same, and without which clause I conceive the Commander in Chief was not warranted in passing it etc. Concludes:— Upon the whole, I am humbly of opinion that this Act is derogatory to the Prerogative of the Crown injurious to the property of the subject against law and highly unreasonable in its self and as such that H.M. may be very properly advised to repeal the same. Signed, Fran. Fane. Endorsed, Recd., Read 17th April, 1728. 1 p. [C. O. 152, 16. ff. 322, 323v.]
April 17.
171. Council of Trade and Plantations to the Duke of Newcastle. Enclose following, to be laid before the King Prefixed,
171. i. Same to the King. Enclose following. We are preparing the necessary Instructions etc.
171. ii. Draught of Commission for Henry Worsley to be Governor of Barbados. In the usual terms. [C. O. 29, 15. pp. 1–21.]
April 17.
172. Same to the King. In reply to April 11th, we have considered Col. Hart's petition and consulted Mr. Fane upon the Act of St. Xtophers complained of etc. Conclude :— We conceive the said Act to be derogatory to the Prerogative of the Crown, injurious to the property of the subject, against law, and highly unreasonable in itself, and in direct opposition to your Majesty's Royal Instructions whereby the Govr. is directed not to give his consent to any Act that shall repeal any other that has had the Royal assent, without having first transmitted the draught thereof for your Majesty's appro- bation, unless he take care there be a clause inserted therein, suspending the execution thereof until your Majesty shall please to confirm the same. Propose H.M. disallowance of said Act. [C. O. 153, 14. pp. 401, 402.]
April 17.
173. Mr. Popple to Mr. Burchett. Encloses Heads of Enquiry for the Commodore of the Newfoundland Convoy. Same as those for 1725. v. C.S.P. April 21st, 1725. [C. O. 195, 7. pp. 154, 155.]
174. (a) Proclamation by Lt. Gov. Gooch prohibiting the entertainment of sailors belonging to H.M. ships of war in Virginia, and preventing the desertion of such sailors. April 17, 1728. Signed, William Gooch. Copy. 1¼ pp.
(b) Proclamation prohibiting the exportation of grain, flower and meal, owing to scarcity etc. April 27th, 1728. Signed, William Gooch. Copy. 1 p.
(c) Proclamation appointing a day of fasting and humiliation on 17th May, and requiring Ministers to preach sermons suitable to the occasion ;—the occasion being that " It hath pleased Almighty God in a very surprizing and unusual manner to overspread this Dominion with vast multitudes of catter- pillars which threaten destruction to the fruits of the earth and which we have just cause to fear are brought upon us as a punishment for our many sins and impiety and forasmuch as a sincere and unfeigned repentance with a speedy application to the Throne of Grace will be the surest means to avert the impending judgment," etc. Signed, William Gooch. Copy. ¾ p. [C. O. 5, 1344. No. 5.]
April 18.
St. James's.
175. Order of King in Council. Approving Governor Worsley's Commission. Signed, Ja. Vernon. Endorsed, Recd. 29th, Read 30th April, 1728. 1 p. [C. O. 28, 19. ff. 178, 179v. ; and 5, 194. f. 282a.]
April 18.
St. James's.
176. Order of King in Council. Approving drafts of Instructions for Governor the Earl of Londonderry and appointing Councillors as recommended. Signed, Ja. Vernon. Endorsed, Recd. 29th, Read 30th April, 1728. 2 pp. [C. O. 152, 16. ff. 338, 338v., 339v. ; and 5, 194. ff. 27, 27v.]
April 18.
St. James's.
177. Copy of preceding Instructions. [C. O. 5, 194. ff. 29–111.]
April 22.
St. James's.
1178. Copy of warrant for Governor Worsley's Commission. [C.O. 5, 194. ff. 283–301.]
April 24.
Port Royal.
179. Mr. Donovan to the Duke of Newcastle. Complains of Act passed this session relating to rum. As agent to the Contractor for victualling the Navy, found on his arrival a general complaint among H.M. ships for want of rum, "which being so scarce in Admiral Hosier's time was thought to occasion so much sickness, his being obliged several times to quit the coast, and thereby give opportunity to the Spaniards" to make their escape from Carthagena etc. The general price of rum for some years past has been from fifteen pence to 2s. pr. gallon etc. "The late Contractor through the hardships the Island impossed upon him by their monopolies and keeping their rum from market threw up his contract at the very juncture Admiral Hosier lay off Porto Bell which might have been of ill consequence etc., had not the present contractors offered themselves, and notwithstanding they had half a crown pr. gallon, yet I have been obliged to pay from four shillings to a crown for above 10,000 gallons, and could not get sufficient for the Squadron at that or any other price, neither is it possible considering the vent to the Bay, to the northward and home that they could do it; therefore it seems to me ridiculous they should offer to impose any hardships on the Squadron that protects 'em and without whom they could not bé secure of a morcell of bread" etc. Prays that an exception be made in the Revenue bill for the rum that comes for the use of the Squadron, "for its plain its struck at them and no other" etc. By sending some rum from Barbados, which has answered all the occasions of the Squadron, he has incurred the dis- pleasure of the gentlemen here. Asks for a Privy Seal or anything of the like nature to rid him of their malice. The later part of the Act is entirely calculated against the Navy and no other. Signed, Tim. Donovan. Endorsed, Rd. July 19. Addressed. Seal. "On His Majesty's Service." 1 p. Enclosed,
179. i. Answers of Timothy Donovan to the complaints exhibited against him and Nicholas Garland by Alexander Henderson, Attorney General, Nov. 1727. Relating to the Contractors' importing rum from Barbados as above. Copy. 2¼ pp.
179. ii. Correspondence between Commodores Hosier and St. Lo and Mr. Donovan relating to supplies of rum etc. July 15th—Dec. 12th, 1727. Copies. 3 pp.
179. iii. The Weekly Jamaica Courant. April 24, 1728. Publishing provisions of the Revenue Act. Printed. 4 pp.
179. iv. Duplicate of covering letter. Endorsed, R. 23rd July.
179. v., vi. Duplicates of Nos. i, ii. [C. O. 137, 53. ff. 28, 29v.–33, 34–36, 37v.–41v.]
April 27.180. Act of New Hampshire for limiting duration of Assemblies to three years etc. Copy; certified by Theodore Atkinson, Secry. 2½ pp. [C. O. 5, 931. No. 16.]
April 28.
181. Wavell Smith to the Council of Trade and Plantations. Offers objections to the Act of St. Christophers for ascertaining the numbers of Assemblymen etc. and repealing the Act of 1711 for preserving the freedom of elections etc. (v. Dec. 26th). (i) It takes away from the King's Secretary and other officers known rights and privileges, and puts them on a worse foot than such officers were ever in their mother-country etc. (ii) This is manifestly designed to cut off whatever influence their posts may give them to the support of H.M. Governor etc., and will be introductive of many more notions and schemes of independency than are already conceived, unless by the rejection of this bill the people are taught how vain and fruit- less all attempts of that kind must in the end prove, (iii) The propertys of H.M. Officers are not safe under a law, that gives so great a latitude to people in generall, especially to the looser part to commence and easily effect their prosecutions against them etc. (iv) It compliments the Assembly with the participation in the prerogative of the Crown of issuing out writs to choose Assemblymen, which prerogative the Crown has solely exercised in these parts since they have been under Government etc. Signed, Wavll. Smith. Endorsed, Recd. 17th June, 1728, Read 28th March, 1729. Addressed. 2 large pp. [C. O. 152, 17. ff. 29–30v.]