America and West Indies
November 1728, 16-30

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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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242-257

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'America and West Indies: November 1728, 16-30', Calendar of State Papers Colonial, America and West Indies, Volume 36: 1728-1729 (1937), pp. 242-257. URL: http://british-history.ac.uk/report.aspx?compid=72459 Date accessed: 22 October 2014.


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November 1728, 16-30

Nov. 19.
Whitehall.
466. Order of Committee of Privy Council. The Lords of the Committee having before them some reports from the Lords Commissioners for Trade etc. upon the woods in America and naval stores etc., thought it proper, before they entred into the consideration thereof to be informed, whether any projects for promoting the silk, linnen or woollen manufactures in any of H.M. Plantations, have been at any time carried on, or are now carrying on, and to what degree of perfection the same may have been brought; and to that end their Lordships are hereby pleased to order, that the Lords Commissioners for Trade etc. do lay before this Committee as soon as conveniently may be the best informations they can procure in relation thereto. Signed, Temple Stanyan. Endorsed, Recd. 21st, Read 26th Nov., 1728. 1 p. [C.O. 323, 8. No. 98.]
Nov. 20.
Whitehall.
467. Mr. Popple to Mr. Whitaker, Attorney General, S. Carolina. My Lords Commissioners having received a letter from you, with some articles in relation to the conduct of Mr. Middleton etc., are very much surprised at your having sent a paper of that consequence, without giving the Board an opportunity of discoursing with you thereupon, before you left London. Your letter was dated the 13th instant, but not received till yesterday, when I was informed that you went out of Town, the very day you wrote your letter, for Bristol, to imbark for Carolina. [C.O. 5, 400. p. 241.]
Nov. 20.
Whitehall.
468. Council of Trade and Plantations to Governor Montgomerie. Acknowledge letters of 30th May and 13th Aug. and acquaint him with their proceedings. Continue :—We have considered Mr. Burnet's reasons for having given his assent to the Act (of New Jersey) for appropriating a part of the interest etc. to the incidental charges of the Government etc., but we can by no means agree with him that the interest arising from thence, having been detain'd in order to answer any deficiency which might have happen'd, has given no credit to these bills supposing even that this was a fact. We can't imagine how Mr. Burnet can justify his having given his assent to any Act for applying the said interest mony without a clause for preventing the said Acts taking place till H.M. pleasure could be known thereupon or at least without having consulted us after having received a letter wherein we so sufficiently explained our thoughts upon this subject. We find by the last clause of this Act, that the interest mony, as the same shall rise, is made applicable to such uses, as the Governor, Council and Assembly shall direct, so that should this Act remain unrepealed, till the Act for creating paper mony expires, and any deficiency should happen, a tax must then inevitably be laid upon that county where such deficiency shall happen, to make good the same, but if none should happen, the interest arising from these bills will be so much clear gain to the Province. We therefore desire, you will move the Assembly to pass an Act for repealing this last clause, and if they don't think proper immediatly to comply therewith, we will lay this Act before H.M. for his disallowance. We are the more determin'd upon this point, because the gain which will accrue to the Province, cannot arrise till the paper mony Act shall expire, and therefore, the interest already paid in by the borrowers, having been applied to different uses than that to which it was originally design'd, has prevented the sinking the same value of paper bills, as that interest would have amounted to. Upon this head we shall expect to hear from you as soon as possible etc. Set out, N.Y. Col. Docs. V. pp. 870, 871. [C.O. 5, 1125. pp. 120–125.]
Nov. 20.
Whitehall.
469. Mr. Popple to Governor Hunter. Acknowledges letters of the 4th, 16th and 19th May, 29th June, 3rd and 5th Aug., etc. Continues :—As the Acts enclosed are now with Mr. Fane, my Lords Commrs. have deferred writing to you till they shall have received his report etc. They have recommended Mr. Forbes to be of the Council as you have desired. Upon this occasion I must observe to you that the Board have ever thought themselves by virtue of the Commission the proper persons to judge of the qualifications of those who are recommended to be of any of H.M. Councils in America; and therefore you will do well for the future to make your application to them : It is true that persons have sometimes been propos'd to a Secry. of State in order to their being appointed Councillors, but the Board's opinion has ever been asked, and none has been named but upon their recommendation. This I don't tell you by order of the Board but I thought it might be of service to you to receive this private information etc. In relation to the bill for making the goods of the produce of the country, a lawfull tender for the payment of debts (v. 5th Aug.), their Lordships think you did very well to refuse your consent thereto, as in doing otherways you would have acted directly contrary to your 19th Instruction : This bill being of a very extraordinary nature, and against which there appear many reasonable objections. I have mentioned to their Lordships what you propose in your letter to me, 3rd Aug., as a means to make this sugar bill tolerably just vizt. "That the debtor ship the sugars at his own cost and risque, and draw upon them at a certainty pr. cent., and altho' their Lordships should be of opinion with you that the creditor will thereby be in a better state than by the bill, yet if H.M. should be inclined to allow of this bill with your addition, the Assembly will not in this case be permitted to make any alteration after H.M. shall have approved thereof; And as it does not appear to the Board that either the Council or Assembly are appriz'd of your proposed addition, it may possibly happen that they may not agree thereto ; My Lords Commrs. are therefore of opinion that if the Assembly should again revive this Bill, that you should propose to them this amendment but in all cases not to give your assent to an Act of this nature, without inserting a clause for suspending it's taking effect, until H.M. pleasure shall be known thereon. Informs him of additional Instruction as to Col. Lilly's salary. [C.O. 138, 17. pp. 256–259.]
Nov. 23.
St. James's.
470. Order of King in Council. Warrants are to be prepared for renewing commissions to Governors to try pirates etc. (v. A.P.C. III. No. 158). Signed, Temple Stanyan. Endorsed, Recd. 3rd, Read 15th Jan., 1728/9. 2 pp. [C.O. 152, 16. ff. 373, 373v., 374v.]
Nov. 23.
St. James's.
471. Order of King in Council. Repealing Act of Antigua for constituting a Court to hold plea of foreign attachments according to the custom of the City of London. Signed and endorsed as preceding. 1 2/3 pp. [C.O. 152, 16. ff. 375, 375v., 376v.]
Nov. 23.
St. James's.
472. Order of King in Council. Confirming Act of Antigua for the better securing and confirming the titles of George Thomas to certain lands and negroes. Signed and endorsed as preceding. 2 pp. [C.O. 152, 16. ff. 377, 377v., 378v.]
Nov. 23.
St. James's.
473. Order of King in Council. Appointing James de Lancey to the Council of New York, as recommended 14th Nov. Signed, Temple Stanyan. Endorsed, Recd. 3rd, Read 15th Jan., 1728. 1 p. [C.O. 5, 1054. ff. 303, 304v.; and (signed, Ja. Vernon) 5, 1086. No. 3.]
Nov. 23.
N.
Providence.
474. Governor Phenney to the Council of Trade and Plantations. Encloses Minute of Council and Custom house papers mentioned 4th Nov. Signed, G. Phenney. Endorsed, Recd. 12th Feb., Read 1st May, 1729. 1 p. [C.O. 23, 2. ff 188, 189v.]
Nov. 23.475. Memorandum of Order of King in Council relating to the renewal of Commissions for trying pirates in America and the necessary alterations therein. Endorsed, Read 15th Jan., 1728–9. ½ p. [C.O. 323, 8. No. 103.]
Nov. 23.
N.
Providence.
476. Governor Phenney to the Duke of Newcastle. Encloses following, on which he desires directions. Signed, G. Phenney. Endorsed, Rd. Feb. 12th. 1 p. Enclosed,
476. i. Minutes of Council of the Bahama Islands, 18th Nov., 1728. The petition of William Fairfax, appointed Deputy Receiver of Admiralty dues 13th April, 1728, was read, complaining that Peter Goudet, Agent for the Bahama Society, Lessees of the Lords Proprietors, refused to surrender the perquisites of Admiralty received by him for account of the said Lessees. Mr. Goudet replied, maintaining the right of the Lessees under the assignment of the Charter by the Lords Proprietors. Mr. Goudet was directed to give security, whilst the matter was referred home etc. Copy. Signed, W. Fairfax Clk. Council. 3 2/3 pp.
476. ii., iii. List of ships entered and cleared New Providence, 25th June—29th Sept., 1728, 4 inwards and 8 outwards, with cargoes of fruit, turtle and flour for S. Carolina (5), Jamaica (1), N. England (1), and Antigua. (Madeira and mahogany) (1). Signed, Jno. Warner, N.O. 3 pp. [C.O. 23, 14. ff. 53, 54v.–56v., 57v., 58, 59.]
Nov. 23.
Bristol.
477. Mr. Whitaker to Mr. Popple. In reply to letter of 20th Nov., explains that he was unable to attend the Board when in London owing to illness and was hurriedly recalled to Carolina by the news that the hurricane had proved very prejudicial to his private affairs, etc. Refers to charges against Mr. Middleton (v. 13th Nov.). The facts are notoriously known in the Province etc. Signed, Benja. Whitaker. Endorsed, Recd. 25th, Read 26th Nov., 1728. 1 ½ pp. [C.O. 5, 360. ff 80, 80v., 81v.]
Nov. 23.
St. James's.
478. Order of King in Council. Disallowing draught of a bill prepared by the Assembly of Barbados, for laying a duty on wines and other liquors imported, etc. for carrying on the fortifications and payment of persons employed at the publick charge etc., upon a report by the Committee that by some clauses therein inserted, the Assembly would deprive the Governor of the power given him by H.M., to sign warrants, for the issuing of moneys, without their approbation first particularly obtained for that purpose, contrary to the constant usage of that island and of all others H.M. Colonies, and derogatory to H.M. royal prerogative etc. Signed, Temple Stanyan. Endorsed, Recd. 3rd, Read 15th Jan., 1728/9. 2 pp. [C.O. 28, 20. ff. 76, 76v., 77v.; and 5, 21. ff 1–2.]
Nov. 26.
King road,
near Bristol.
479. Mr. Whitaker to Mr. Popple. Reminds him that he asked for an order to examine persons and send for papers to prove his charges etc. (v. 13th Nov.). Signed, Benja. Whitaker. Endorsed, Recd. 30th Nov., Read 3rd Dec, 1728. 1 p. [C.O. 5, 360. ff 82, 83v.]
Nov. 26.
Boston.
480. Mr. Willard to Mr. Popple. Encloses Minutes of the General Assembly in May with Acts then passed, Minutes of Council for six months ending August last, and Treasurer's General Account to May last. Signed, Josiah Willard. Endorsed, Recd., Read 4th Feb., 1728/9. ¾ p. [C.O. 5, 870. ff 184, 185v.]
Nov. 26.
Whitehall.
481. Mr. Popple to Sir Wm. Keith. The Council of Trade and Plantations desire you will let them know on Friday morning, whether you have heard of any projects that have ever been form'd for promoting the silk, linnen or woollen manufactures in any of H.M. Plantations in America etc. N.B. A similar letter was writ to, Mr. Joshua Gee, Colo. Spotswood, Colo. Shute, and Colo. Johnson. [C.O. 324, 11. pp. 134, 135.]
Nov. 27.482. Sir William Keith to Mr. Popple. Reply to preceding. Continues :—I know of no Company or Society of men, that have actually engaged in any project for carying on such manufactories etc. But I have heard that some few experiments have been made both for raising silk and working hemp up into sail cloth, with a view, as I suppose, to induce people to enter into some projects of that nature ; and as to any manufactures of woolen, their Lordships very well know, that it is already prohibited by act of Parliament, from being either water born, or transported by land from one Colony to another, so that there is no room to form any considerable project of that kind ; nor did I ever hear that woolen cloth has been made in any of the Plantations otherways, than that every farmer is by industry led to employ his spare time, in working up the wool of the few sheep he is obliged to keep on his farm, for the improvement of his land, for the use of his family ; and in like maner he often raises a smal quantity of flax, which is broke or dress'd, commonly in the winter season, and spun up into course cloth by the old women and children, for the same use. Signed, W. Keith. Endorsed, Recd. 27th, Read 29th Nov., 1728. Holograph, 1 1/3 pp. [C.O. 323, 8. No. 100.]
Nov. 27.
Boston.
483. Jer. Dunbar to David Dunbar. Announces arrival a fortnight since. Has sent Mr. Armstrong and Mr. Slade into N. Hampshire and Maine to discover timber cut down and mark what they judge proper for H.M. service. The Governor promises his protection, but doubts whether the people will comply with the construction that the Attorney and Solicitor General put upon the Act of the 8th of his late Majesty. "However, he advises me to try it, that we may know what we may depend upon for the future, and I have for that purpose given Mr. Armstrong and Mr. Slade orders to seize any trees that they find cut down and come within our Instructions" etc. I have talked with Mr. Armstrong upon his letter of 29th Jan., last to Mr. Burniston in which he sayd he had seized 2000 logs etc. He says that while he was here in order to libell them, the people of the country toss'd them into the rivers and got them down to the mills, this may seem a little extraordinary, but I assure you he bears a very good character here, and is much esteemed by the best gentlemen in this town, every one of them that I have discoursed agree that the information made against him some time since was malitious and without any grounds, however you will be better able to judge when you come etc. I design to go into the woods with him this winter etc. Signed, Jer. Dunbar. Endorsed, Recd. 7th Jan. Copy. 2 ½ pp. [C.O. 5, 898. No. 49.]
Nov. 27.
Boston.
484. Governor Burnet to the Duke of Newcastle. Encloses duplicate of Oct. 26th. Continues :—Since which, I have sat with ye Assembly at Salem, but they have insisted on the Governour's having no power to adjourn them from Boston, which is a manifest contempt of His late Majesty's decision in Council in favour of Governour Shute upon this very point. Refers to enclosed copy of letter to Board of Trade. Signed, W. Burnet. Endorsed, R. 27th Jan. 1 p. Enclosed,
484. i. Duplicate of following. [C.O. 5, 898. Nos. 48, 48 i.]
Nov. 27.
Boston.
485. Governor Burnet to the Council of Trade and Plantations. Encloses Journal of Representatives and repeats preceding. Continues :—They have since prepared and agreed to an Address to H.M., which is to be transmitted now, but the contrivers of it have only read it to the House and obtain'd their approbation, without leaving any copy of it or letting the Clerk take one, and they are to get it fairly engrossed to be signed by the Speaker, and so sent home to Mr. Wilkes merchant in London to be presented without leaving any copy of it on their Journal; I am told it contains the substance of what they have said to me in their several answers and very strange invectives against Governours in general; and very absurd brags of their expences in receiveing me and adorning ye house I live in, as if these were reasons against fixing a salary. The performance will I am satisfied be a sufficient refutation of itself, and therefore I may safely rely on it as such, without troubling your Lordships further etc. Signed, W. Burnet. Endorsed, Recd. 27th Jan., Read 4th Feb., 1728/9. 2 1/3 pp.
485. i. Votes of House of Representatives of the Massachusetts Bay, Oct., Nov., 1728. Same endorsement. Printed. 3 pp.
485. ii. Treasurer General's accounts of the Province of the Massachusetts Bay, 1728. Signed, Jer. Allen. Passed by Committee of House of Representatives and by Lt. Governor and Council. Same endorsement. 25 pp. [C.O. 5, 870. ff. 164–181, 183v.]
Nov. 28.
Admty
Office.
486. Mr. Burchett to Alured Popple. Upon Order in Council directing the Commissions for trying pirates in the Plantations to be renewed and passed under the seal of the High Court of Admiralty, requests the names of persons there whom the Council of Trade and Plantations propose to have inserted therein. Signed, J. Burchett. Endorsed, Recd., Read 28th Nov., 1728. ¾ p. [C.O. 323, 8. No. 99.]
Nov. 28.
Barnstable.
487. Mayor and principal inhabitants of Barnstaple to the Council of Trade and Plantations. Hearing that the affair of the Newfoundland Fishery is now under your Lordships' consideration, repeat complaints against Lt. Govr. Gledhill and refer to their petition to the King. v. C.S.P. Feb. 25th, 1727. Continue :—By the methods there indicated, and by destroying houses at Placentia or forcing persons to leave them and placing some of his own garrison in their room, we who formerly vended a considerable quantity of woollen goods etc. are now obliged to sell them to the Governor at what time and rate he pleases etc. Contrary to the Act of Wm. III. which prohibits any aliens or strangers, not residing within Great Britain, from fishing or trading to any part of Newfoundland, the Irish not only send ships thither, but also boatkeepers who go from Ireland and settle there, so that considering the cheapness of their provisions, and the small wages they give the sailors, must soon if not prevented intirely ruin our trade, our sailors having already advanc'd their wages to almost double what was paid them but very few years since. The Governour, Mr. Salmon, and some other persons have within these three or four years last past, built several ships, one this summer upwards of an hundred tunn, which if continued for the space of some years, will deprive us of proper trees to build our boates, and erect our stages and other conveniencies with, or will oblige us to send so far into the country, as that by the loss of our men's time our voyages will be intirely ruined. Considering how beneficial the trade of Newfoundland is as a nursery for seamen, employing great numbers of poor people, and importing products of this country etc., pray that these greivances may be redressed etc. Signed, Richard Newell, Mayor, and 9 others. Endorsed, Read 19th Dec, 1728. 1 ¾ large pp. Enclosed,
487. i. Copy of petition, C.S.P. Feb. 25, 1727. encl. i.
487. ii. Copy of certificate, C.S.P. Feb. 25, 1727. encl ii. [C.O. 194, 8. ff. 191, 192, 193, 198v.]
Nov. 28.
Whitehall.
488. Mr. Popple to Mr. Cox. Your brother having entered a caveat against the Act passed in N. Jersey in 1719 for running the division line between the Eastern and Western divisions etc., the Board desire you will let them know to-morrow at 11 a clock whether you have anything to offer against it etc. [C.O. 5, 996. pp. 254, 255.]
Nov. 29.
Whitehall.
489. Council of Trade and Plantations to the Duke of Newcastle. Enclose articles of complaint against President Middleton, received from Mr. Whitaker, "as these complaints agree with the general accounts we have had from those parts, altho' the proofs of them are not laid before us etc. By the said articles you will see what confusion that Province labours under, and how necessary it is that your Grace should receive H.M. commands for putting the care of that valuable country into better hands, as the only expedient we can offer for redressing these disorders." [C.O. 5, 400. p. 242.]
[Nov. 29.]490. Account of the manufacture of wool and flax in the Plantations. My Lord, when your Lordship pleases to consider the different climates, produce and trade of the several Colonies now settled on the North Continent of America ; you will find that none of the inhabitants to the southward of Pensylvania (excepting one County called Sommerset upon the eastern shore of Maryland) have any temptation or ability to manufacture either wooll or flax to advantage, for their people are so intirely employ'd upon tobacco and rice, that they can scarce afford time to raise corn enough to supply their familys with bread ; But the aforesaid county of Sommerset does at this time make a good deal of cloth which may proceed partly from the soil, not being so fit for tobacco, and partly from its being inhabited by people who have been educated and brought up to that sort of business in Ireland. But in Pennsylvania, New Jersey, New York, Connecticut, Rhode Island, New England etc., it is otherways, and I conceive the following reasons may be assign'd why these people have in some measure fallen into a minute or peddling manufacture of wooll and linnen cloth for the use of their own families. (i) Their principal product is stock and grain, and consequently their estates depend wholly upon good farming, and this cannot be carried on without a certain proportion of sheep (which in a good pasture there, lamb twice a year, and every ewe generally brings two and often three lambs at a time) so that wooll would be lost, if they did not imploy their servants at odd times, and cheifly in the winter season, to work it up for the use of their own families. (ii) An acre of flax which will produce from 1000 to 1500 wt. is easily raised, and coarse cloth made of it, will do twice the service of cloth of the same finess that comes from any part of Europe, which in like manner leads the industrious farmer to employ his intervals of time in making up small parcels of such coarse cloth for the use of his family, and likewise he often raises also a small quantity of hemp to make bags, plough traces, and halters for his own use, they being of a better quality for lasting than any that can be purchased in the shops. (iii) The old women and children, fit for no other business about a farmer's house, are made useful in carving on a little manufacture for the service of the family, and by this means also everyone is constantly employed within or without doors, let the weather or season be ever so bad. (iv) Grain being the chief product by which they are enabled to purchase clothing, and other European goods, those settlements which are back in the woods, and far distant from navigation, have not the opportunity of a market for grain, which will not bear the charges of a great land carriage, wherefore they raise no more corn in such places than what they consume themselves, by which means they can spare more time to work up so much wooll and flax into cloth as they want for their own use etc. Continues :—It will, I apprehend, be impracticable to restrain the people from a part of their industry which is so essential to their subsistance, unless some method can be found out to tempt or lead them voluntarily into another more profitable way of employing their spare time, and I cannot think of anything that would so advantageously contribute to that end, as a reasonable encouragement for them to go upon Naval Stores fit for the service of Great Britain etc. The hire of servants, or the purchase of them with the expence of maintainance and clothing etc. is at this time so high in America, that it is demonstrably impossible for any one private family to work up either woollen or linnen cloth, but what will cost 50 pr. cent. more than that which comes from Europe for sale, wherefore if they are at present only prevented from entering into any Society for a manufacture of that kind, and from transporting it to other places for sale (as indeed they are already by Act of Parliament, with respect to woollens) it will be sufficient to answer every reasonable purpose that can be propos'd, and if at the same time they are incouraged to go upon naval stores, such a regulation will go the more easily down. Endorsed, Recd, (from Sr. Wm. Keith), Read 29th Nov., 1728. 4 1/8 pp. [C.O. 323, 8. No. 101.]
Nov. 29.
Whitehall.
491. Mr. Popple to Mr. Burchett. Encloses list as desired No. 487. [C.O. 324, 11. pp. 135, 136.]
Nov. 29.
Whitehall.
492. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before the King. Annexed,
492. i. Same to the King. Enclose following. Continue :— We have in pursuance of your Majesty's Order in Council of the 25th of July inserted a clause for impowering him to call an Assembly. This draught is in all other respects the same as those which your Majesty has been pleased already to approve of for your other Governors in America, excepting the Article impowering the Governors to grant land, which we have omitted in this draught, because altho' your Majesty appoints the Governor of these Islands, yet the soil belongs to Proprietors. We take this opportunity of submitting to your Majesty whether it would not be for your Majesty's service and the interest of Great Britain that these Islands considering the great consequence they are of should be purchas'd from the Proprietors.
492. ii. H.M. Commission for Capt. Woodes Rogers to be Captain General and Governor in Chief of the Bahama Islands. See preceding. [C.O. 24, 1. pp. 102–122.]
Nov. 29.
St. James's.
493. H.M. Warrant appointing James de Lancey to the Council of New York in the room of John Barbarie decd. Countersigned, Holles Newcastle. [C.O. 324, 36. pp. 98, 99.]
Nov. 30.
St.
Christophers.
494. Governor the Earl of Londonderry to the Council of Trade and Plantations. I enclose your Lordships an Act past at Nevis for settling £500 pr. annum on me during my Government, which I question not will meet with your Lordships' approbation, because the tax to raise that sum is laid on sugar and molassus, the growth of that island, which as it does not in the least affect the trade of Great Britain, is therefore rais'd in conformity to H.M. Instructions, and I hope your Lordships will recommend this Act to H.M. for his Royal assent etc. The Legislature of that Island unanimously made this settlement on me which is the first (they say) that island ever thought fit to make on any of H.M. cheif Governours. I likewise transmit to your Lordships another Act passed at Nevis for raising a poll tax on negroes, in order to repair H.M. fortifications, and to defray other necessary charges of that Island, amounting to the sum of £2,005 17s. current money thereof. And as the Act shews the particulars to which that sum is to be applied, I need not trouble your Lordships with them etc. Encloses Minutes of Council and Assembly of Nevis to Oct. 28, 1728. Continues :—The moment the proper officer has return'd me a list of the inhabitants negroes etc., which I have directed to be taken, I will forward them to your Lordships. I arrived at St. Christophers Oct. 30th, and now send your Lordships two Acts pass'd in this Island unanimously, the one for settling the sum of £2000 pr. annum current money of St. Christophers on me during my Government, and the other for laying certain duties upon sugar, molassus and other goods of the growth and manufacture of this Island, towards raising the said sum. As both these Acts are the same with those pass'd in my predecessor Mr. Hart's time, which met with your Lordships' approbation, and H.M. Royal assent, I need not trouble your Lordships with any observations about them, but only intreat you to lay them before H.M. for his allowance. I remit your Lordships Minutes of the Council of this Island, Oct. 24, 1727—5th Sept., 1728, the last meeting to the time of my arrivall. As I found on my arrivall the Councillours in this Island under the number seven, by which means publick business had been often obstructed for want of a quorum, and as H.M. had empowered me to fill up to that number, I have accordingly appointed Mr. Wavell Smith Secretary of the Leeward Islands, one of the Council of St. Christophers. What inducd me to pitch upon this Gentleman, was that I found several of his predecessors had been appointed of the Council to all the Islands, particularly John Palmer Esq. Secretary of the Leeward Islands, who was made a Councillour of them all by warrant 14th Jan. 1692 etc. Mr. Parsons was also appointed a Councillour to them all, as appears by his mandamus, the date of which I cannot send your Lordships because 'tis on record in the Island of Mountserratt, but shall forward it by the next opportunity. I hope your Lordships will recommend Mr. Smith to be confirm'd by H.M. it being for His service that His Cheif Secretary an Officer of such importance shou'd be of His Councils here. I assure your Lordships he is very well qualified for the station I have put him in, and his behaviour also in every respect deserves H.M. encouragement. Acknowledges letter of 4th July with repeal of Act repealing Act settling £2000 on Governor Hart etc. P.S. Encloses short Act laying a duty on rum, "which was by accident omitted in the Act for raising a tax on sugar and molossus etc. as your Lordships by perusing of it will perceive." Signed, Londonderry. Endorsed, Recd. 28th Jan., Read 11th Feb. 1728/9. 3 2/3 pp. Enclosed,
494. i. Christenings and burials in the parish of Christ Church, Nicholas Town, St. Kitts, 1727. Christenings 12; Burials, 8. Signed, Archibald Cockburne, Rector. 1 p.
494. ii. Christenings and burials in the parish of St. Mary Cayon, St. Kitts, 1727. Christenings, 13; Burials, 3. Signed as preceding. 1 p.
494. iii. Christenings and burials in the parish of St. George Basseterre, St. Kitts, Michaelmas 1726—1727. Christenings, 66; Burials, 47. Signed, John Anderson, Rector. 1 p.
494. iv. Christenings and burials in the parish of Trinity, Palmeto Point, St. Kitts, Michaelmas 1726—1727. Christenings, 15; Burials, 13. Signed as preceding. 1 p.
494. v. Christenings and burials in the parish of St. Thomas, Middle Island, St. Kitts, Michaelmas 1726—1727. Christenings, 32; Burials, 10. Signed, Walter Thomas, Rector. 1 p.
494. vi. Christenings and burials in the parish of St. Anne, Sandy Point, St. Kitts, 1727. Christenings, 17; Burials, 13. Signed, David Bethune, Rector. 1 p. [C.O. 152, 16. ff. 379—380v., 381v., 382, 383, 384, 385, 386, 387, 387v.]
Nov. 30.
New York.
495. Governor Montgomerie to the Council of Trade and Plantations. Acknowledges letter of June 30th etc. Abstract. Suggests that "it will contribute very much to my carrying on successfully H.M. service in New Jersey, if the obtaining the Royal assent to the triennial and Quaker's Act, be at least delayed till you know how the Assembly of that Province behaves when I meet them at Burlington on the 10th of next month." Gives, with a few comments, a list of 19 public and 3 private Acts passed at the last sessions of Assembly at New York, and encloses the Acts printed and sealed, and Minutes of Council and Assembly to date, and list of vessels entered and cleared 25th March—29th Sept., 1728. Continues :—The Assembly (encouraged by Governor Burnet's assenting to such an Act last year in New Jersey) past an Act for frequent calling and holding Assemblies in this Colony; which the Council finding to be of an extraordinary nature amended by adding a clause that it should not take place till H.M. pleasure be further known etc. The Representatives disliking the amendment dropt the bill; but at the end of the Session the Speaker gave me the enclosed copy to transmit to your Lordships; and I beg your directions what to do when it is again sent up to the Council, etc. The Court of Chancery has been the subject of much discourse, and occasioned more uneasiness to Mr. Hunter and Mr. Burnet than all the other parts of their administration. Very luckily for me I found no cause of consequence depending at my coming to this Government, nor has there been any demand yet made for opening the Court, so I have had no great occasion hitherto to act as Chancellor nor do I intend to do it till I have further instructions from your Lordships etc. Most of the Council and some others, since the ordinance past for regulating abuses in the practice and fees of the Court of Chancery, are very well pleased with its constitution and decrees, as appears by several representations in their Minutes etc. Another party disputes the legality of this or any other Court of Equity that is not established by an Act of General Assembly, and they particularly insist upon the Governours being by law incapable of being sole Judge in that Court. This was argued with great earnestness by some lawyers before Governor Burnet in a tryal for a considerable estate etc. A third party not so violent as the last, but yet desirous of some alteration, their scheme is to have the Court of Chancery established in the Governour and Council : thinking the clamour against it would cease, if the Governour was assisted by the Councellors, who are for most part men of estates and born in the Province. Since I found the people here so divided, and at the same time stubborn in their opinions, I hope your Lordships will approve of my not acting as Chancellor till I have your directions etc. Enquires what alterations in the repealed Act for the easier partition of lands held in common would make it acceptable, an Act to this purpose being much wanted and earnestly desired, etc. P.S. I beg pardon for making use of another's hand having sprained my wrist. Set out, N.Y. Col. Docs. V. pp. 871–875. Signed, J. Montgomerie. Endorsed, Recd. 14th Feb., Read 23rd May, 1729. 7 pp. Enclosed,
495. i. Minutes of Council of New York relating to an Ordinance for establishing remedies for abuses in the practice of the law, 19th Dec, 1727—7th March, 1728. Printed. 6 pp.
495. ii. Ordinance for regulating fees in the Court of Chancery, New York, 28th Feb., 1728. Printed. 4 pp.
495. iii. Extract (pp. 9 and 10) of the case relating to Medina and Co. of London v. Rene Hett. Printed. 2 pp. Nos. i–iii. Endorsed, Recd. 14th Feb., 1728/9.
495. iv. Affidavits referred to in Minutes of Council of New York, 13th Sept., 1728. Endorsed as preceding. Copy. 13 ½ pp.
495. v. Copy of a bill for the frequent calling and holding of Assemblies at New York. An Assembly to be held at least once in three years etc. Same endorsement. 2 pp. [C.O. 5, 1054. ff. 307–317, 318–324v., 325v.– 326v., 327v.]
Nov. 30.
St.
Christophers.
496. Governor Lord Londonderry to the Duke of Newcastle. Since [Sept. 18], I have visited Nevis and St. Christopher's and have had the good fortune to obtain a settlement by the unanimous consent of the Legislature of both islands during my Government. The amount in Nevis is £500 pr. annum and the first, that Island ever made on any Chief Governour, and that of St. Christophers is £2000 pr. annum, the same my predecessor receiv'd etc. Has transmitted said Acts to the Lords of Trade and asks for his Grace's good interpositions for the Royal assent. Continues :—On my arrival here I found the Councillors of this island under the number seven, etc., and I have accordingly appointed Mr. Wavell Smith, Secretary of the Leeward Islands, one of the Council of St. Christophers. The reason of my chusing this Gentleman, is that I find in the records, several of his predecessors here had been appointed of the Council to all the islands, particularly John Palmer by warrant of 14th Jan. 1692 and Mr. Parsons etc. Prays that he may be confirmed, "it being for H.M. service that an officer of such importance should be of His Councils" etc. Continues :— I was surpriz'd to find His late Majesty's order, dated Nov. 30, 1726, directing the Chief Governour to put the Secretary into possession of that branch of his office called the Register of the Court of Admiralty etc. was not obey'd, notwithstanding the Secretary made frequent application, to have it put in execution. On my arrivall, I caused the said order to be immediately obey'd etc. Signed, Londonderry. Endorsed, Rd. Jan. 29th. 2 ½ pp. [C.O. 152, 43. ff. 31–32v.; and (extract relating to Councillors) 33.]
Nov. 30.
Bermuda.
497. Lt. Governor Pitt to Mr. Delafaye. Encloses his letter to the Duke of Newcastle (? 30th Oct.). Continues :—I called an Assembly which mett and satt, and after four days sitting their speaker fell ill, and so continues without doing any business, onely makeing one act for the preservation of the fishery, which wee agreed too. But the first thing they went upon was to vote for a Habeas Corpus Act with this title, An act for the better secureing the liberty of H.M. subjects within these islands, and preventing long imprisonment, cheifly drawn or coppyed from an act passed in the island of Berbadoes in the year 1697, and averred to be still in force there, which makes me desierous to know, if in that regard any alteration should be made in any other islands under H.M. Governmts. for my better satisfaction in the affair, I have prorogued the Assembly to the first munday in February next, and have in the interim wrote to the Governour of Berbadoes, and New York, to know how that or the like act, if any, has been passed in their Colony's, or is now in force. I offered to the consideration of the Assembly the prepareing an act to supply the country with small money a great want whereof it now labours under, there being no less peece current then an halfe Royall, which by Queen Ann's proclamation, confirmed by Act of Parliament is 4 pence this country currency ; yet was this necessary proposall rejected, fearing as the majority pretended, that if copper halfe pence were brought in here, they should soon be glutted with them, which you may judge by the inclosed proposall. I have wrote to Mr. Noden for this country by the consent of our Councill here to gett a small summ, if an order from the King and Councill can be obtained for them to pass, which wee think the easiest way to convince them of their ignorance, and what loss may acrew, I will take it to myselfe, most of this Assembly being scared with a notion that they might be woods halfe pence intended for Ireland, which Govr. Hope lay'd a scheme before them to bring them into this country, but rejected by them. I have ordered Mr. Noden our Agent to waite on you and know your opinion with your assistance if it be to be done. Signed, John Pitt. Endorsed, R. 14th Feb. 2 pp. Enclosed,
497. i. Proposall for purchase of halfe-pence. Suppose the country to borrow £200 sterl. Allow 40 p.c. for exchange in Bermuda currency, 6 months interest at 8 p.c. till the arrival of the halfe pence, and agents commission 2 ½ p.c. and insurance 2 ½ p.c. Total, £305 4s. The £200 st. will purchase in the Tower of London of English halfe-pence with the usuall allowance of 10 p.c. sterl., £220. Allow each halfe-pence to pass for three farthings is 50 p.c. exchange on the whole, £110. Total, £330. The advantage accruing to the Collony, besides the conveniency to every inhabitants, is :— Allow the half-pence be lodged immediately in the treasury, and vented by payment of the public debts, the creditor allowing a discount of 10 p.c. for prompt payment comes to £33. The difference on the purchase and the vent is £24 16s. Total, £57 16s. Every person being obliged to take the halfe-pence in payments, the forementioned sum will be sufficient for this Collony, and the advance being so small no trader has any encouragement to import any quantity, add the vast advantage that will attend the subject, in haveing small change, which on a moderate computation will save at least £150 pr. annum. 1 ¼ pp. [C.O. 37, 29. Nos. 2, 2.i.].
[Nov.]498. Benjamin Whitaker, Attorney General S. Carolina, to the Duke of Newcastle. Encloses following, "of which I can produce the most full and authentick proofs if I was enabled by an order to examine persons and send for papers. I need not represent to your Grace the dreadfull events H.M. subjects have to fear from a state of anarchy and confusion to which they are now very near reduced, and how unable they are to defend themselves agt. the enemies that surround them." Signed, Benja. Whitaker. Endorsed, Rd. of Mr. Yonge, Nov. 1728. 1 p. Enclosed,
498. i. Articles relating to the conduct of Arthur Middleton, President of S. Carolina etc. (i) Upon taking upon him the administration, he neglected to take the oaths for the observation of the Acts of Trade, whereby H.M. Revenue hath greatly suffer'd and severall illegall traders escaped with impunity. (ii) A few months after he had ent'red on the administration he sold several offices relating to the administration of Justice and used many indirect artifices to extort money from the purchasers. (iii) Contrary to H.M. orders, he issued £30,000 in paper bills, which by law ought to have been sunk, whereby the value of the said bills is greatly lessened and the trading people of Great Brittain much injured. (iv) To the great greif and disappointment of H.M. good subjects, he wilfully delayed proclaiming H.M. happy accession to the Throne fourteen days after he had received orders for that purpose. (v) When H.M. Council in June, 1727, had directed warrants to the Provost Marshall to apprehend several rioutous persons who intruded with pistols into the Council Chamber and delivered a seditious representation, Mr. Middleton privately and without the advice or consent of the Council, ordered the Provost Marshall to stop the execution of said warrants. (vi) When A. Skene had committed to prison Thomas Smith for riotous assembly etc. (v. supra), he ordered him to be discharged without hearing, in pursuance of a promise he made to an Assembly of about 200 rioters with whom he so far prostituted the dignity of Government and H.M. authority intrusted to him as to treat, capitulate and make terms notwithstanding there was two of H.M. ships in the Government and many other good subjects who offered and were ready to assist him on the insurrection of the rioters. (vii) When proof was made before him in Council that a number of armed men were assembled together with their faces black'd and disguised in order to kill the Provost Marshall who had warrants against them for levying the public taxes raised for the support of H.M. Government, he ordered the Treasurer to withdraw the said warrants etc. (viii) He hath committed diverse other acts highly injurious to H.M. Prerogative etc. Endorsed, Referred to the Lords of the Committee of Council. 1 ½ pp. [C.O. 5, 387. Nos. 86, 86 i.]