America and West Indies
January 1729

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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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293-310

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'America and West Indies: January 1729', Calendar of State Papers Colonial, America and West Indies, Volume 36: 1728-1729 (1937), pp. 293-310. URL: http://british-history.ac.uk/report.aspx?compid=72463 Date accessed: 21 August 2014.


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Contents

January 1729

1729.
Jan. 2.
Whitehall.
542. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Request payment of Office expenses and Officers' Salaries for quarter ending Christmas, 1728. Accounts annexed. [C.O. 389, 37. pp. 296, 297.]
Jan. 4.
Navy Office.
543. Sir Jacob Acworth to Mr. Popple. In reply to Dec. 11th, does not see anything wanting in the proposed bill, except that to the clause restraining the cutting of any mast forbidden by the act of 8 William III, should be added, unless such as were "the property of any private person before the passing of the said Act" Signed, Ja. Acworth. Endorsed, Recd. 6th, Read 9th Jan., 1728/9 1 p. Enclosed,
543. i. Copy of bill prepared for the better preservation of H.M. Woods etc. 4? pp. [C.O. 5, 870. ff. 142, 143–145, 147v.]
Jan. 6.
North
Carolina.
544. Declaration by Lt. Gov. Sir R. Everard. All the misunderstanding's between me and the Assembly and other Gentlemen of good note were owing to the calumnies and false informations given me by Chr. Gale and John Lovick and Wm. Little at my arrival, I find these gentlemen of whom they gave me characters the reverse, persons of great probity and much sincerity etc. If any act of Government has in the least proved detrimental to the welfare or repose of the Province it has been owing to their advice etc., who have always been enemies to the quiet of the country etc. Printed, N.C. Col. Rec. III. 5. Signed, Richard Everard. Endorsed, Recd. 15th, Read 26th Aug., 1729. 1 p. [C.O. 5, 1267. ff. 99, 99v.]
Jan. 7.
St.
Christophers.
545. Governor the Earl of Londonderry to the Council of Trade and Plantations. Transmits Act of Antigua, to supply defects of an for constituting a Court of Chancery, and for holding Courts of Chancery in the absence of the Commander in Chief, and for regulating Chancery proceedings etc., "which I gave my assent to 12th Oct. last; however with a clause suspending it's taking effect, untill it shall receive the Royall assent. "Continues:—The reason of passing this Act was, to remedy many inconveniencies, the people of Antigua have sustain'd, which were not provided against in the Chancery Act of 1715 etc. Refers to Preamble. Continues:—By the former Act no Court of Chancery could be held without the Chief Governor was personally present, to joyn the Council of that island, and by the present Act the Chancery Court can be held, in his absence, by the Lieut. General and five or more of the Council, and in the Lieut. General's absence by the Lieut. Governor or any five or more of the Council, and in the Lieut. Governor's absence by the President of the Council or any five or more : so that the business of the Court will go constantly on etc., which otherwise, from the frequent, and unavoidable absence of the Chief Governor must be subject to great delays, and prolonging of suits, which is no small greivance to a people. By the former act, all process of Chancery, fees, and perquisets of the Great Seal were reserved to the Chief Governor, and so they are now, but this law enacts that the Chief Governor is to leave with the Secretary, before his departure from the island, blank subpoenas, attachments, injunctions etc. sign'd and sealed, who is to fill them up, from time to time, during his absence, according to the rules of the Court of Chancery, and who is made accountable for the fees to the Chief Governor, and by this means, My Lords, business will go regularly on, and the suitors of the Court will be saved the charges of sloop hire in following the General, for the great Seal, when he is absent, which is no small article ; and also freed from the danger of loosing their process, as well as exposeing their persons, which men are often liable to, who frequent these seas. There is another defect remedyed by this Act, and that is relateing to injunctions. Injunctions by the former act were construed so to belong to the Chief Governor, as usuall, before the passing that law, that very frequently it has happen'd that an injunction that had been dissolved by the Governor and Council at Antigua, as the Court of Chancery, has been upon application to the Chief Governor, in another island, revived by him alone ; so that the contrary orders and rules have been made, and very great delays and charges thereby accrued to the suitors of the Court. Now, this act provides, that all injunctions shall be filled up by the Secretary, as shall be particularly ordered, by the Court; and that no injunction granted by the Court of Chancery shall be dissolved by the Governor alone ; nor any injunction dissolved by the Court of Chancery shall be revived by the Governor alone ; which I apprehend to be a reasonable thing, since the Crown has been pleased to permitt the Councillours, for the time being, at Antigua to compose with the Chief Governor that Court, and it is also (I think) My Lords preventive of any favour or partiallity, which a too loose or incautious way of granting injunctions, has often render'd that process suspected off. There are other matters in the Act—such as when the Court is equally divided, the youngest Councillour is to withdraw, that a determinate decree may be had—that but one rehearing shall be granted, upon any cause, in whole or part—that when the summ appealed for, shall be controverted, as not amounting to the summe H.M. permits appeals for ; appraisers shall be chosen, who are under a penalty to return upon oath the value of the thing in contest, in five days etc., which appear to be so consistent with Justice that I will not trouble your Lordships with any reasoning upon them. I assure your Lordships, the main motive that induced me to pass this act, was only to render the intention of the Crown, in the former act, effectuall, by cureing the inconveniencies, that were not foreseen etc. No mischiefs can spring from my passing it, because there is a suspending clause in the act, which I shall always take care to insert in bills, that contain anything of a new and extraordinary nature. Signed, Londonderry. Endorsed, Recd. 17th, Read 19th May, 1729. 2?rd pp. [. O. 152, 17. ff. 53–54v.]
Jan. 7.546. Mr. Dunbar to Mr. Popple. To same effect as following covering letter. Signed, David Dunbar. Endorsed, Recd. 8th, Read 9th Jan., 1728/9. 1 p. Enclosed,
546. i. Copy of letter from Jer. to David Dunbar, Nov. 27, 1728. [C.O. 5, 870. ff. 148, 149–150, 151v.]
Jan. 7.
clarges
street,
Picadilly.
547. Mr. Dunbar to Mr. Delafaye. Was prevented by illness from sailing last summer, but dispatched his brother as deputy as Surveyor General of the Woods. Encloses his letter. Hopes to sail "by the first ship which usually goes about the middle of next month." Continues :—I am told it would be much for the service if I was in the Commission of the Peace wherever my Commission may carry me, and if admitted of the Council in New England particularly it would give me some authority among them people who seem too regardless of any etc. I will wait upon you to know His Grace's pleasure etc. Signed, David Dunbar. 2 pp. Enclosed,
547. i. Jeremiah Dunbar to David Dunbar. Boston. Dec. 4, 1728. Has sent Mr. Armstrong and Mr. Slade into the woods in N. Hampshire and Maine to take care of the timber to cut for H.M. use. Is about to go with Mr. Armstrong to Casco Bay where the Contractors are at work etc. Refers to following. The Assembly have within these two years granted several townships, on purpose to evade the Act of Parliament whereby they are prohibited from cutting timber without townships. Signed, Jer. Dunbar. Copy. 1 p. Enclosed,
547. ii. R. Auchmuty (Advocate General, Mass.) to Jeremiah Dunbar. 4th Dec, 1728. Report upon the law relating to H.M. Woods. Signed, R. Auchmuty. Copy. 3½ pp.
547. iii. Robert Armstrong to Jeremiah Dunbar. Ports-mouth, N.H. Nov. 23, 1728. Describes evasion of Act for preservation of pine trees by the granting of new townships containing vast tracts of land, and draws attention to the export of ship's timber to Spain and Portugal, thus depriving our Navy of noble timber and supplying possible enemies etc. " Here is a large ship bound for Spain to load with plank and timber etc. The owners saith that masts, yards and bowspritts which was formerly inumerated with pitch, tarr, turpentine etc. by the Act of 3rd and 4th Queen Anne, being expired, by order from the Commrs. of the Customs bonds formerly given for masts, yards, pitch, tarr etc. are to be omitted and that they may be transported anywhere without, by which they are of the opinion they may carry masts, yards and bow-spritts to Cales as well as plank and timber; this will prove of ill consequence if not prevented at home. But I shall take speciall care for the future that none shall be exported till I hear from home." etc. Signed, Rt. Armstrong. Copy. 2½ pp.
547. iv. Same to Col. David Dunbar. New Hampshire Nov. 24, 1728. Assures him of his zeal and refers to his former letters etc. Signed, Rt. Armstrong. Copy. ¾p.
547. v. Thomas Haley to Col. D. Dunbar. Boston, Dec. 5, 1728. The rigour of the season prevents Mr. Dunbar and self attending our duty in Nova Scotia etc. The people here insinuate difficultys in (our) making surveys in that part from the treachery of the Indians but we will endeavour to surmount every difficulty etc. Signed, Thomas Haley. Copy. 1 p. [C.O. 5, 10. Nos. 12–17.]
[Jan. 10].548. Petition of Abraham Meure to the Council of Trade and Plantations. Desires a certificate of the time Lt. General Mathew acted as Commander in Chief of the Leeward Islands, with a view to obtaining his salary etc. Endorsed, Recd. Read 10th Jan. 1728/9, ¾ p. [C.O. 152, 16. ff. 367, 368v.]
Jan. 11.549. Mr. Fane to the Council of Trade and Plantations. Reply to 17th Dec. 1728. Has no objection to Act of Antigua for making a settlement on Lord Londonderry etc. Signed, Fran. Fane. Endorsed, Recd. 13th, Read 15th Jan., 1728/9 1 p. [C.O. 152, 16. ff. 371, 372v.]
Jan. 11.550. Same to Same. Has no objection to Act of Virginia, 1728, to enable William and Thomas Farrer to sell certain entailed lands etc. Signed, Fran. Fane. Endorsed, Recd. 13th Jan., Read 13th Feb., 1728/9 ½ p. [C.O. 5, 1321. ff. 98, 99v.]
Jan. 14.
Plantation
Office,
Whitehall.
551. Certificate as to length of time of Lt. General Mathew's government of the Leeward Islands, (v. 10th Jan.) Signed, A.P. 1 p. [C.O. 152, 16. ff. 369, 370 v.]
Jan. 14.
Whitehall.
552. Mr. Popple to Mr. Fane. Presses for report on Jamaica laws. (v. C.S.P. 1728. 30th July.) [C.O. 138, 17. p. 260.]
Jan. 15.
Whitehall.
553. Council of Trade and Plantations to the King. Representation on reference of Oct. 6th 1728 q.v. Continue :—The preservation of your Majesty's woods in America is a matter which we have at all times thought of very great consequence to this Kingdom, and have represented the same in several reports etc. Refer to report of 20th March. Conclude:—As to the building a fort at Casco Bay for the protection of ships whilst they are loading masts there, we humbly conceive, that service may be as well perform'd by one of H.M. ships of war station'd in those parts ; and we are of opinion, that the building a fort, as proposed, will be too great an expence for a temporary service, for so soon as the masts shall have been cut down in the neighbourhood of Casco Bay, the same reasons wou'd hold as good for building a fort in another place. [C.O. 5, 916. pp. 175–177.]
Jan. 15.
Jamaica.
554. Governor Hunter to the Council of Trade and Plantations. In pursuance of H.M. orders and my duty I have been hard at work in putting this island in some state of safety from insults or surprize, by a better regulation of the militia and forts, and putting the places or posts of danger into a better state of defence; the inclos'd copies of ye Minutes and Resolutions of the Council and Council of Warr, will in some measure inform your Losps. of our endeavours for that purpose. Refers to enclosed account of stores of war. Continues :—Before I left Engld. I had made application to H.M. for what of that kind I judg'd necessary etc., and left the solicitation of it to Coll. Lilly whom H.M. had appointed our Ingeneer. That gentleman has been with great impatience expected a long time. I am however going on as well as I can without him. The settlement at Port Antonio goes on with successe. That harbour by all accounts as well of the King's Officers as others is the best and safest in America. I have at the request of the setlers there sent thither six piece of Ordnance for countenance and security to that infant settlement. The planters will mount them and throw up a breast work at their own cost till a fort be raised there. The Assembly is to meet here on the 22nd instant. They are say'd to be cooler. I know not what effect the diss- appointment as to their sugar bill may have when they meet, but am well perswaded that it had its rise from those who had no other view but to obstruct or puzle the public affairs tho' many unwary honest men gave in to 't. H.M. approbation of the laws pass'd and transmitted to your Losps. will go a great way in setting matters to rights and upon a better footing. As soon as I can have the accounts of the numbers of ye people and the slaves perfected I shall send them. I shall in every thing within my power act for H.M. service and the prosperity of the Island etc. Signed, Ro. Hunter. Endorsed, Recd. 25th April, Read 21st May, 1729. Holograph. 2 pp. Enclosed,
554. i. Minutes of Council of Jamaica, 7th Jan., 1728(9). Endorsed, Recd. 5th April, 1729. 3 pp.
554. ii. Minutes of Council of War, St. Jago de la Vega, 7th Jan., 1728(9). Endorsed as preceding. 3 pp.
554. iii. Account of stores of war and Ordnance at Jamaica and of stores of war wanted. Endorsed as No. i. 2 pp. [C.O. 137, 18. ff. 1, 1v., 2v.–8.]
Jan. 15.
Jamaica.
555. Governor Hunter to [? Lord Townshen]. On the 16th of last moneth by the Successe I had the honor of your Losps. letter with H.M. orders to put this island into such posture as may obviate insults or surprize. I had indeed been labouring hard to that effect before, what has been done since the inclosed copies of the Minutes of Council, and Council of Warr will in a good measure inform you; the Militia here was in the greatest disorder, partly by the long interruption of the course of laws and in a good deal from commissionating of some of no rank or weight formerly which made those who were of ye other sort decline the service. I hope I have remedy'd that and we are now in a fair way of having a better Militia which is indeed our chiefe strength. I have long expected the Engineer appointed, but am going on as well as I can without him. I can hear of no preparations of the Spaniard on this side, neither have they since the departure of ye fleet from Havana more then six ships of warr left here. I shall do my best in every-thing within my power that H.M. service here suffer nothing whilst I have the honor of this trust etc. Signed, Ro. Hunter. Endorsed, 5 Apr. duplicate. Holograph. 2 pp. Enclosed,
555. i. List of stores of war etc. remaining and wanting at Fort Charles in Port Royal. 1 large p. [C.O. 137, 47. Nos. 1, 1. i.]
Jan. 15.
Jamaica.
556. Governor Hunter to Mr. Popple. Repeats part of preceding. Continues:—In case of a rupture I have been strugling hard to bring the Militia into some order which was in the greatest confusion by means as it is alledg'd of the corruption of the Secretarys of some former Govrs. who had worthless men put into these posts for a little mony with whom these of rank would not serve. I hope that is remedy'd and I have no reason to be dissatisfied wth. what I have seen at several reviews. Refers to his difficulty in getting a Quorum of the Council, as 8th March q.v. Continues:—Mr. Pusey's seat is vacant by the General Instruction by his long absence etc. I have wrote to the Agent to beg some order from the Secy, of State for Warr for my conduct in case of vacancy's in the Commissions of the two Companys. For in this country it may so fall out that a Corporal may be the Commanding Officer till I receive orders from home which come not with great expedition etc. Signed, Ro. Hunter. Endorsed, Recd. 3rd, Read 21st May, 1729. 1¾ pp. [C.O. 137, 17. ff. 145, 145v, 146v.]
Jan. 15.
Jamaica.
557. Governor Hunter to the Duke of Newcastle. On the 16th of last moneth I had the honor of a letter from my Lord Townshend from Windsor Sept. 15th with H.M. orders to take such measures as might obviate insults or surprize etc. Repeats part of preceding. Continues:—The settlement at Port Antonio goes on with a very promiseing aspect, the harbour is the best and safest in all America. I have sent some gunns thither and the planters there will of themselves make such works as they can to secure themselves agst. insults etc. Signed, Ro. Hunter. Endorsed, R. 5th April. Holograph. 2? pp. Enclosed,
557. i. Minutes of Council of Jamaica, 7th Jan., 1729. On hearing H.M. letter of Sept. 15th, resolved that Hanover Line and the Rock Fort and line be repaired, and a platform of 6 guns be erected at Carlisle Bay etc. Copy. 3½ pp.
557. ii. List of Ordnance Stores in Jamaica, and what is required. 2 pp.
557. iii. Minutes of Council of War. St. Jago de la Vega, 7th Jan., 1729. 3 pp. [C.O. 137, 53. ff. 97–102, 103–104v.]
Jan. 15.
Jamaica.
558. Governor Hunter to Mr. Stanyan. Refers to preceding letter. Is surprised that he has received no instructions relating to Mr. Coleman's affair. Has not had the satisfaction of one letter from him since his arrival etc. Signed, Ro. Hunter. Endorsed, Rd. April 9th. Holograph. 1 p. [C.O. 137, 53. ff. 105, 106v.]
Jan. 16.
Jamaica.
559. Same to Same. Encloses following for his Grace's consideration, "The man is really near to idiotism" etc. Signed and endorsed as preceding. 1 p. Enclosed,
559. i. (a) Petition of Robert Karby to Governor Hunter. Sentenced to death for coining two pieces of base money, the petitioner confesses that he was legally sentenced, but pleads that he was wholly ignorant that it was penal to make or utter the same. Prays for H.M. pardon etc. Signed, Henry Karby. Overleaf,
559. i. (b) Recommendation of said convict as a fit subject for H.M. pardon or reprieve by the Chief Justice and the Judges of the Supreme Court. Dec. 9, 1728. Signed, Richd. Mill, John Hudson Guy, Ja. Cary, Edw. Charlton. 1½ pp. [C.O. 137, 53. ff. 107, 108v.–109., 110v.]
June. 16.
London.
560. Mr. Dunbar to Mr. Popple. Encloses following, received from his brother, and hopes they may give some hints for the intended bill next session of Parliament for preventing such abuses. Will attend the Board as appointed etc. Signed, David Dunbar. Endorsed, Recd. 17th, Read 23rd Jan., 1728/9. ¾ p. Enclosed,
560. i–v. Duplicates of Nos. 547 i–v. [C.O. 323, 8. Nos. 104, 104. i–v.]
Jan. 16.
st. Chrisrs.
561. Governor the Earl of Londonderry to the Council of Trade and Plantations. Encloses papers containing the dispute between two Councillors touching their seniority or right of Presidentship in his absence and that of the Lt. General. Continues:—Already (tho' before my arrival) great inconveniencys have happen'd from this dispute, that even prevented a Quorum of the Council meeting a long while, and thereby greatly obstructed publick business etc. I have judg'd not proper to give my opinion upon the affair here etc. Asks for a speedy and final decision. Signed, Londonderry. Endorsed, Recd. 31st March, Read 9th April, 1729. 1¾ pp. Enclosed,
561. i. Mr. Estridge to Governor the Earl of Londonderry. In the dispute between Col. Phipps and me for the Presidency in Councill, wch. now lies before your Excellency for your judgment, etc., Mr. Phipps urges that he was sworn into Council before me, and that his warrant for being admitted a Councellour is of an older date than mine. But (i) he was sworn by the Governour, who had no power to do it at that time, there being 7 Councellours then residing etc. Councellours have always taken place from their allowance by the King and not from the Governour's admission. Thus it was in the case of Mr. Helden, who was sworn a Councellour by Mr. Douglas, and sat many months before Ralph Willett was appointed by the late Queen ; and yet Mr. Willett being named in the Instructions before Mr. Helden, the latter gave place to him. For the like reasons Mr. McDowall gave place to Charles Payne and John Garnett, and likewise Mr. Liddell to Mr. Millward. (ii) As to his warrant from the late Queen being of an older date than mine, the Councellours here take their seats by the bare nomination of the Prince, they have no Commission or Warrant for so doing. The King's nomination of persons in his Instructions to his Governours, is all the appointment they sit in Councell by, and the warrants wch. the King afterwards grants for admitting particular persons into Councill, are no more than Additional Instructions for that purpose, and cannot regard any succeeding Governour. We have a present instance of a gentleman, who but few years ago, had a warrant directed to the last Governour to admit him a Councellour, but being left out of your Excellency's Instructions, he cannot claim a seat here etc. Argues that he was appointed by the late Queen some time before Mr. Phipps, and that his late and present Majesty have always placed him before Mr. Phipps in regard of that nomination and without regard to the date of the warrant etc. Quotes correspondence (1708) on this subject with Stephen Duport, Agent of St. Kitts, and argues at length. Signed, Jos. Estridge. Endorsed, Recd. 31st March, 1729. 6¾ large pp.
561. ii. Mr. Phipps to Governor the Earl of Londonderry. His appointment by the Governor having been approved of at home, that appointment must be valid and take place from the time of his first admission in the Council. It is on record that he had his seat at the Board long before Mr. Estridge etc. Argued at length. Signed, Francis Phipps. Endorsed as preceding. 4 large pp.
561. iii. Mr. Estridge to Governor the Earl of Londonderry. Reply to preceding. Signed and endorsed as No. i. 4 large pp.
561. iv. Mr. Phipps to Governor the Earl of Londonderry. Reply to preceding. Signed and endorsed as No. ii. 3½ large pp. [C. O. 152, 17. ff. 33, 33v., 34v.–40v., 41v.–43v., 44v.–46v.]
Jan. 17.562. Mr. Randolph, Clerk of the Council of Virginia and Agent of the Colony, to the Council of Trade and Plantations. Appointed by the Council and Burgesses of Virginia to solicit the repeal of a clause in an Act of Parliament prohibiting the importation of stripped tobacco, he has submitted a question to the Treasury and believes that their Lordships are satisfied that the Revenue has not been improved by this prohibition. Continues :—The stript tobacco " was by many years experience found a very vendible commodity, as it was most fit for the consumption of this Kingdom and always sold for a higher price, and upon shorter credit, than any other sort; so that the planters could subsist by their industry, and the merchants here transacted business with more ease and less hazard : But since they have been compelled by this Act of Parliament to import the stalk, it is not possible for them to manufacture it properly for the markets of Great Britain ; they are loaded with the duty and the freight of that which is not only of no value, but depreciates the pure tobacco at least 2d. in every pound. The tobacconists are under a temptation to manufacture the stalk and mingle it with the leaf, whereby the whole commodity is adulterated, and of course the consumption of it lessend. And the merchants are obliged to keep great quantities in their warehouses, and at last to sell upon long credit. In consequence of which the price of the Planters labour is fallen below what they are able to bear, and unless they can be relieved, they must be driven to a necessity of employing themselves more usefully in manufactures of woollen and linen, as they are not able under their present circumstances to buy what is necessary for their cloathing in this Kingdom etc. Signed, John Randolph. Endorsed, Recd. Read 17th Jan., 1728/9. 2 pp. [C. O. 5, 1321. ff. 92, 92v., 93v.]
Jan. 17.563. Col. Dunbar to Mr. Delafaye. Encloses further reports just received from his brother (v. Jan. 7). Has sent copies to the Treasury, Admiralty and Board of Trade in accordance with his instructions etc. Signed, David Dunbar. Addressed. 1 p. [C. O. 5, 10. No. 18.]
Jan. 17.
from
Clarges
Street.
564. Same to Mr. Popple. Sends enclosures as preceding. Concludes:—Mr. Slade, one of my Deputys, an experienced ship carpenter, bred in the King's Yards here commends the oak plank in New England, and tells how it is continually carrying to Portugal and Spaine ; this may deserve the consideration of the Lords Commissioners for trade etc., and whether any provision may be made in the intended bill against it, especially the larger sort, without lycence, etc. Signed, David Dunbar. Endorsed, Recd. 18th, Read 23rd Jan., 1728/9. 1 p. Enclosed,
564. i. Jeremiah Dunbar to David Dunbar. Boston, New England, Dec. 15th, 1728. Mr. Slade return'd 2 dayes since after making a small progress thro' the woods in New Hampshire and Province of Maine, etc. I shou'd have sett out for Casco Bay last week, but we have had such hard frost's without any snow that 'tis not possible to travell on horseback etc. As soon as there is a little snow, will go thither and seize all the timber cut down fit for H.M. service etc. With his deputies will go as instructed by the first vessel in the Spring for Anapolis. Continues:—Mr. Slade complains very much of the expence of travelling, and I have some reason to believe if there is not an allowance made for it that he will apply himself to ship-building here, for he can get a great deal more than £100 sterl, per ann. As for myself I will not say much till I see you, tho' the expence of our voyage and at least £50 sterl. a piece wch. you know Mr. Haley and I paid for mathematical instruments has pinch'd us both very much, and tho' you may have heard that 'tis cheap liveing in this country you'll not think so when I assure you a common labourer can get 7 or 8 shillings of this money pr. diem, wch. is equal to about ½ a crown English. Mr. Slade likewise sayes yt. it will be impossible for us to do our duty without a small scooner, wch. is a kind of vessel much us'd upon this coast; for there are so many rivers in this country yt. it will be both mighty tedeous and expensive travelling by land, and further as our Instructions for Nova Scotia directs us to have regard to the woods lying upon the sea coasts and most navigable rivers, we can never make any judgment wch. rivers are most so without going up and down and sounding them etc. Signed, Jer. Dunbar. Copy. 1½ pp.
564. ii. Mr. Slade to David Dunbar. Boston, Dec. 16, 1728. I etc. find the woods in New Hampshire allmost destroy'd, so that if our Instructions be not supported by an Act of Parliament forbidding the cutting of white pine trees of any dimentions whatever as well in townships as out of townships H.M. in few years will have but a small supply of masts out of this Province. I proceeded further into the Province of Maine and so to Casco Bay, where the America was loading wth. masts for H.M. yards Portsmouth and Plymouth. This Province abounds wth. plenty of white pine trees and white oak's growing on a blewish clay and in my opinion preferable for plank to any H.M. yards is supply'd with from Eastern parts. I heartily wish ye Government would make an experiment therein etc. Enquires whether such white oaks are not to be preserv'd from ruin as well as white pine trees. Refers to enclosed account and asks for travelling allowance etc. Continues :—There is a ship of 400 tuns now at Piscadaway loading with fine kelson pieces 4 inch and 3 inch plank, the kelson pieces are from 70 to 50 long fine white oak timber and plank preferable in my opinion to any serv'd into any of H.M. yards in England, this ship loads twice a year to Spain etc. Submits that it would be more for H.M. intrest to put a stop to such proceedings and reserve such fine long timber plank for his own proper use wch. is and will be so much wanted in England etc. Repeats part of preceding. Signed, Aurther Slade. Copy. 2 pp. Enclosed,
564. iii. Account of masts etc. shipped for H.M. service on board the America, and of masts cut down and marked for the Contractor in the Province of Maine. Copy. ¾ p. [C. O. 324, 8. Nos. 105, 105 i–iii.]
Jan. 19.565. Thomas Lowndes to [? Mr. Delafaye]. To-morrow morning I must wait upon your Honour, for an answer to the Lords Props, of Carolina's Memorial. I've been the means (under the direction of my Lord Westmoreland) of bringing, in a great measure, the contract to bear so far ; and will do everything an honest man can do, to mollify the Props. But, indeed, they think themselves ill used. I was the first that set the notion on foot for obstructing the Spanish Plate Fleet in the Gulf of Florida, and the drafts I have are the only ones to be depended on. I will bring them along with me to shew them yr. Honour. I drew up the reasons to justify the prudence of the Ministers in purchasing the country as Mr. Henry Pelham and 14 more of the House of Commons know, a copy of wch. I will present your Honour etc. Signed, Tho. Lowndes. 2 pp. [C. O. 5, 306. No. 10.]
[?Jan. 20.]566. Some reasons to shew the absolute necessity for the Crown's buying the Propriety of the Carolinas as also the advantagiousnesse of that purchase to the publick (v. preceding). In case of a rupture with France or Spain, it must in the condition it was in, by the disunion of the Proprietors and the animositys between the Props, and the inhabitants have inevitably fallen a prey, unless the British Nation had at a very great expence rescued the Colony, which under the immediate protection of the Crown may in a great measure be made able to defend itself etc. It has for its contingent charges for many years past raised about £7000 pr. ann. ; which with the quit rents (estimated at £1000 per ann.) will under a proper regulation go near to defray the expences of the Government. If the Provisional Government had been continued, the British Establishment could never have been freed of the expence of the Governour's sallary and the Independent Company. The arrears of quit-rents purchased by the Crown and estimated very low in the Proprietors' account will be a means to make the inhabitants to come into proper measures to lay upon themselves some duty which they are well able to bear in order to defend the Province etc. Continues:—By a good settlement being made at Port Royal where (by all accounts there is a noble harbour) the conjunction of the power of France and Spain will not only be prevented but as long as we are masters of the sea we can lay a very great restraint upon the Spanish Navigation in America. For the Spanish Plate Fleet from Mexico must of necessity pass very near our coast, and that from Peru can not without the greatest difficulty avoid it. By keeping a competent number of men of war there British commerce will be entirely protected from the Spanish privateers which were always fitted out at Fort Augustino, a place notorious for the mischief our trade has even of late received etc. If North Carolina is made a district of Virginia, besides the tenths reserved upon the whale fishery, the revenue by quit rents which always bore the charge of the establishment will bring an immediate profit to the Crown of about £600 sterling yearly. It is acknowledged by all persons that the most fertile and healthy part of all America is the tract of land lying between Port Royal in South Carolina and Florida and well-watered by navigable rivers and if it be let out at a proper quitt rent as in Maryland and Pensilvania (the Crown not being under any obligation as to the quitt rents for lands not yet set out in S. Carolina as it is in Virginia) 'twill in a very few years not only ease the British establishment but bring in a competent sum to be remitted to Great Britain or to be disbursed for setting on foot in America the silk or any other manufacture etc. 3 pp. [C. O. 5, 306. No. 11.]
Jan. 23.
So. Carolina,
Charles
Town.
567. President Middleton to the Council of Trade and Plantations. Encloses Minutes of Council Dec. 1727—27th July, 1729 and Journal of Assembly Jan. 1727—July 1728, in support of the Representation of the Council (v. 2nd July, 1729), who have appointed Stephin Godin their Agent, in order to obtain proper Instructions for the new Governor, etc. Signed, Ar. Middleton. Endorsed, Recd. 27th March, Read 16th July, 1729. 1 p. [C. O. 5, 360. ff 157, 158v.]
[?Jan. 23.]568. Council of S. Carolina to the Council of Trade and Plantations. Pray for despatch of their affairs when referred to them (v. July 2, 1729), as the emergency requires. Have appointed Stephen Godin of London, Merchant, their Agent etc. Signed, Ra. Izard, Wm. Bull, A. Skene, James Kinloch, Char. Hart, Benja. Schenckingh, Benja. de la Conseillere. Endorsed, Recd. 1st April, Read 16th July, 1729. (Without date, v. preceding.) [C. O. 5, 360. ff 159, 160v.]
Jan. 23.569. Mr. Fane to the Council of Trade and Plantations. Has no objection to 6 Acts of Jamaica submitted to him 30th July. Signed, Fran. Fane. Endorsed, Recd. 24th Jan., Read 25th Feb., 1728/9. 1 p. [C. O. 137, 17. ff. 135, 136v.]
Jan. 23.
Boston.
570. Governor Burnet to Mr. Popple. Encloses old seal etc., and begs for dispatch of what lies before the Board relating to the Province. Signed, W. Burnet. Endorsed, Recd. 17th, Read 18th March, 1728/9. 1 p. [C. O. 5, 870. ff. 192v. ]
Jan. 23.
Boston.
571. Governor Burnet to the [? Duke of Newcastle]. Acknowledges seals etc. Continues: After the Assembly at Salem had disputed my power of adjourning them for two months and during that time refused to do any business, they at last found themselves obliged to go upon the ordinary affairs of the Province, to silence the clamours of the people. They at the same time drew up a memorial to H.M. to shew cause why they have not complyed with his Instruction, and upon my desiring a copy of it, they refused it to me. But as I was informed of the substance, I have sent a draught of an answer to it, enclosed in my letter to the Lords of trade etc., tho' I am humbly of opinion that their memorial has so little need of an answer, that it is itself an aggravation of their undutifull behaviour. I hope your Grace will think it absolutely necessary to take effectual measures in parliament, to vindicate and support H.M. just authority which has been so shamefully slighted and affronted by this Assembly, etc. Signed, W. Burnet. Endorsed, Duplicate, Rd. Apr. 10th. 3 pp. Enclosed,
571. i. Governor Burnet's answer to the Memorial of the Assembly of the Massachusetts Bay, Nov. 22, 1728. In order to give a full answer to the Memorial of the House, I applyed to them on 20th Dec. for a copy etc., but received for answer that they did not think it proper to allow any copy of their memorial to be given out. Upon this denial I prorogued them to 5th Feb., that they might if possible wear off these ill impressions by a long recess. In the mean time I have endeavoured to inform myself of the substance from those who had heard it read etc. They say that Governours of remote colonys have always been apt to oppress the people : that H.M. cannot easily know the truth, and therefore yt. it is best that Governours should depend on the people for their salary. That the civil list is only settled for the King's life, and that a settling a salary for the time being would be doing no more and that as Englishmen and by their Charter they are free as to giving of money. To all this it may easily be answered that Governours have no doubt their faults, but it has been under arbitrary governments and at the head of great army's only that they have been able to hurt the people's liberty's. That Governours are not the only persons guilty of ambition ; that men that affect to be popular in free nations have better oppurtunitys to get exorbitant power than any Governour etc. That if H.M. does not hear the truth from Governours, it does not follow that he can depend upon it from Assemblys who are often under the influence of men who attack the prerogative only to gain more power into their own hands. That this is now the very case of this Province of which the Government at home had full experience. For Dr. Cook, the very same person who put the Assembly upon making encroachments upon the King's rights in Governor Shute's time and who defended them as their agent in England is now the chief leader of the present Assembly in the like attempts. And for this reason it is most dangerous that a Governour should depend on such an Assembly which is in other words to depend on Dr. Cook a profest enemy to the King's lawfull authority in this Province. That if the salary was settled here during H.M. life upon the Governour for the time being it might be taken as a complyance with the Instruction, and that would be doing no more than is done in Great Britain. That it never was pretended in England that settling the civill list was against the freedom of the people and therefore it is a frivolous pretence here and it would be a high presumption in this Colony to pretend that their Charter gives them greater priviledges than are enjoyed by the people of Great Britain. They complain of my keeping them so long sitting to bring them to a complyance etc. I thought my Instruction to insist on an immediate complyance made it necessary etc. They impute to me their long sitting at Salem whither they say I removed them upon a groundless pretence. But this is intirely a misrepresentation. For they themselves were the sole cause of the long sitting at Salem to the needless charge of the Province by their refusing to allow the adjournment, in open contempt of the order of his late Majesty in Council upon the hearing of Governour Shute's complaint and so neglecting to do the ordinary business of the Province for two months against the opinion of the Council which raised such a clamour against them that they did go through it at last, and as soon as that was over I gave them a recess. All which appears by their votes, and I think I had reason enough to remove them from Boston upon that town's coming to a publick declaration against the King's instruction at a town meeting held on purpose and where Mr. Belcher whom they have since chose their second Agent in Great Britain, presided as moderator. They next reproach me with the expensive reception and entertainment which they gave me at first when at the same time the Province was in debt; and yet they offered me large sums at different times which I refused. Their expenses on my reception were not desired by me and since their debts did not prevent so unnecessary a charge. I thought I might from thence conclude, they would shew due regard to H.M. demands. But the sums they offered me were contrary to my Instruction and therefore could not be accepted by me. They hope however that H.M. will be satisfied with their offers from time to time, etc. Their method being the very thing against which H.M. instruction is levelled and being avowed by them in this memorial to be done for that very reason at which H.M. has declared himself offended, to wit, to make their Governour dependent on them, it cannot be thought that H.M. will be anyways satisfied with their excuses. But I humbly hope the matter will be forthwith laid before the legislature as H.M. has graciously been pleased to declare it should in case of a refusal. Signed, W. Burnet. 6 pp.
571. ii. Duplicate of following. [C. O. 5, 898. Nos. 52, 52, i, ii ; and (without enclosures) 5, 752. No. 37.]
Jan. 24.
Boston.
572. Governor Burnet to the Council of Trade and Plantations. There has no ship sailed from this port for London since my last of 27th Nov. till now, and therefore I have kept the remainder of the votes to send by this ship. Your Lordships will find by them that the Council had stood firmly for H.M. Prerogative as to the adjournment of the Assembly to Salem. Refers to their Memorial etc. as in preceding letter. Continues : I was prevailed upon by my friends in the Assembly whose affairs suffered very much to give them a recess before Christmas, which tho' against my own inclination I at last yielded to and have been importuned to continue the recess to the 5th of March, when I intend to meet them again without fail for to go through the business of the Province still depending. But as to the fixing of a salary I have no expectation to succeed in it, till a censure of Parliament is past upon the proceedings of the Assembly which I hope your Lordships will obtain so as to have it sent early in the Spring before this Assembly expires, which it must at the end of April. I have just now received your Lordships' letter of 23rd Oct., 1727 (sic) together with the new seals, etc. Returns old seal and will return that of N. Hampshire when he goes there, etc. Signed, W. Burnet. Endorsed, Recd. 17th, Read 18th March, 1728/9. 3½ pp. Enclosed,
572. i. Duplicate of No. 571 i. Same endorsement. [C. O. 5, 870. ff. 195–196v., 198–202, 203v.]
Jan. 24.
Boston.
573. Mr. Porter (Judge of the Admiralty in N. Carolina) to the Duke of Newcastle. Abstract. Encloses copy of an order signed by Governor Sir Richard Everard to John Lovick, acting as Secretary under the late Proprietors, who has refused to obey the same. Continues: Your Grace will comprehend by the contents of that order what management there has been here concerning lands for many years past, etc. There was an order from the Lords Proprietors ever since 1711 forbidding the issuing out warrants for land in the Southern parts of this Governmt. unless purchased at £20 sterl. per 1000 acres. Notwithstanding which the present Secretary has emitted a great number of such warrants to the quantity of some 100,000 acres, and still continues to do ye same, tho' he well knows H.M. has made a purchase of the soil ; which may be some thousand pounds damage to the Crown etc. Continues : This Mr. Lovick, Edward Moseley, Christopher Gale and William Little were lately appointed at the expence of the Proprietors to run the line between this Governmt. and Virginia etc., and for such service they have been carving out their own satisfaction in lands, and at the same time are making application to H.M. to be allow'd in cash for the same service etc. Printed, N.C., Col. Rec. III, 7. Signed, E. Porter. Endorsed, R. 10th. 1½ pp.[C. O. 5, 306. No. 12: and 5, 1267. ff. 106–107v.]
Jan.24.
Whitehall.
574. Council of Trade and Plantations to the King. In obedience to order of 6th Nov. annex draught of a Seal for Nova Scotia, " wherein we have had particular regards to the products and fishery of the Province, both in the device and motto. On the reverse of this Seal, we would humbly propose your Majesty's arms, garter, supporters and motto wth. this inscription round the circumference, Geo. 2. Dei gratia" etc. [C. O. 218, 2. p. 123.]
Jan. 27.575. Post Masters General to Mr. Popple. Our officer to whose charge the letters for the Commissioners for Trade are committed, informs us that there is £39 13s. 11d. owing him for postage etc., and that notwithstanding he hath often spoken to you about it, he hath not yet got any money. The man is not in a condition to disburse such a sum himself, and tis by no means for H.M. service with regard to the good government of this office, to suffer those under officers to run in debt. Wherefore we desire you to represent this matter to the Commissrs. that they would take some care the mony already due may be paid, and for the future put it into such a method as there may be no occation for such long accounts. Signed, Ed. Carteret, E. Harrison. Endorsed, Recd. 5th, Read 6th Feb., 1728/9. 1 p. [C. O. 388, 79. No. 39.]
Jan. 29.
Whitehall.
576. Duke of Newcastle to the Council of Trade and Plantations. Having lately received several letters from Mr. Burnet Governor of New England, together with the copies of others to your Ldps., relating to the irregular and undutifull behaviour of the Assembly of that Province with regard to H.M. Royal Authority and Prerogative, the due consideration whereof being of great importance to H.M. service in that Province ; H.M. has commanded me to signify His pleasure to your Ldps. that you should forthwith consider the same, and report your opinion, what may be the most proper expedient for supporting H.M. authority in that Province, and bringing the people to a due sense of their obedience. As I am informed there are ships going thither in about a fortnight, I am to desire you will please to let me have your report within that time, that H.M. commands may be signified upon it by that opportunity. Signed, Holles Newcastle. Endorsed, Recd. 29th, Read 31st Jan. 1728/9. 1½ pp. [C. O. 5, 870. ff. 152,152v., 153v.]
Jan. 30.
St.
Christophers.
577. Governor Lord Londonderry to the Duke of Newcastle. I am this minute going up to Antigua to examine into the circumstances of an horrid conspiracy that some few days ago was discovered there. The negroes, it seems, were at a certain signal to rise, and cut of every white inhabitant of that island. This matter is now under examination before the Lieut. Governour, and Council, and proper measures have been taken to prevent the execution of so abominable a design. I am sorry I cannot now be more particular etc., but by the first ship that sails I shall give your Grace a full detail etc. Signed, London-derry. Endorsed, Rd. March 29th, 1729. Holograph. 2 pp. [C. O. 152, 43. ff. 37, 37v., 38v. (without date or place); and (duplicate, dated) 35.]
Jan. 30.
St.
Christophers.
578. Same to the Council of Trade and Plantations. Duplicate of preceding. Signed, Londonderry. Endorsed, Recd. 29th March, Read 9th April, 1729. Holograph. 1 ¾ pp. [C. O. 152, 17. ff. 47, 47v., 48v.]
Jan. 30.
Whitehall.
579. Mr. Popple to Mr. Oxenford, Assistant Inspector General. Requests by next Tuesday an account of the pitch, tar, rozin and turpentine imported from the Plantations for six years past, distinguishing the species and quantity in each year. [C. O. 324, 11. p. 143.]