America and West Indies
June 1729, 11-20

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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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400-408

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'America and West Indies: June 1729, 11-20', Calendar of State Papers Colonial, America and West Indies, Volume 36: 1728-1729 (1937), pp. 400-408. URL: http://british-history.ac.uk/report.aspx?compid=72472 Date accessed: 22 November 2014.


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Contents

June 1729, 11-20

June 12.
Whitehall.
771. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law 4 acts of Antigua (i)for laying a duty on all transient traders, who dispose of any goods in this island, and exempting them from the duty upon the commodities of this island by them exported etc.; (ii) to enable the freeholders of the parish of St. Paul, Falmouth to choose a vestry for 1729; (iii) for the banishment of several negroe slaves concerned in the late conspiracy; (iv) for raising a tax for paying publick debts and charges etc. [C.O. 153, 15. pp. 12, 13.]
June 15.
North
Carolina.
772. Mr. Porter to the Duke of Newcastle. Refers to letter of Jan. 24th. Continues:—Mr. Lovick and the Surveyor General, one Mr. Edward Moseley, have gon on roundly to dispose of H.M. soil, notwithstanding repeated orders of Governor Everard to the contrary and a charge to Mr. Lovick in open Council to obey the same etc. Signed, E. Porter. Endorsed, R. 10th. 1 p. [C.O. 5, 306. No. 13; and 5, 1267. ff 108, 108u., 109v.]
June 15.
Barbados.
773. Governor Worsley to the Duke of Newcastle. The great confusion, I lately advised your Grace that this island was in, on account of the payment of the 2s. 6d. levy, on negro heads, is something abated; the Grand Jury at the Court of Grand Sessions, held for the body of this Island, having, in their (enclosed) addresses to H.M., to myself, and to the Chief Judge, disapproved of, and shewn their concern at, the behaviour of some of their countrymen in this late affair, etc. Signed, Henry Worsley. Endorsed, R. 31st (copy sent to Mr. Tilson Aug. 1st). 2 pp. Enclosed,
773. i. Address of the Grand Jury of Barbados to Governor Worsley. June, 1729. Loyalty to our rightful Sovereign obliges us to demonstrate a becoming regard to his representative etc. If those who are governed have certain rights and privileges to which they may justly lay claim, so too the Chief Magistrate must surely be allowed to have as good a title to what belongs to him, especially when the same is settled by an Act of the Legislature here, wherein it is expressly declar'd too, that nothing conduces more to the general good of any people, than the making such honourable provision for him. Your Excellency's behaviour in this affair has rather discovered a concern for others, than yourself etc. An endeavour by any means to violate a right so firmly founded, appears to be no less than attempting to break through that very security by which alone we hold our respective propertys etc., and if that be not look'd upon as saved in one case, we do not understand, how it can be expected to be so in the other etc. Signed, as No. vi. Copy. 1 large page.
773. ii. Duplicate of preceding.
773. iii. Address of the Grand Jury to the King. June, 1729. Express utmost loyalty, and praise his heroic virtues and wise counsels etc. Notwithstanding the hasty and unguarded behaviour of some of our countrymen in a late instance etc., which we hope did not proceed from any disloyal principle etc., we may say that there are not in any of H.M. Dominions subjects more sincerely, and avowedly attach'd, to your royal person and illustrious family, than in this Colony etc. Signed, as preceding. Copy. 1 large p.
773. iv. Address of Same to Chief Justice John Frere. Praise the integrity and strict impartiality with which he has discharged his trust. Since he inherited his large estate, he has devoted himself to fitting himself to be of service to the public etc. Wish that all their countrymen would, in pursuance of his wholesome advice and example, outvie each other in the honest discharge of their duties, since there is nothing else wanting to make them a flourishing and happy people etc. Signed as preceding. Copy. 1 large p.
773. v. Duplicate of preceding.
773. vi. Original of No. i. Signed, John Downes, Michael Terrill, Samson Wood, Jos. Palmer, Nicholas Wilcox, Archd. Carmichaell, John Battaley, John Parkes, Joseph Bayley, Jona. Francklin, Benja. Smith, John Chase, Fras. Phillips, Fra. Pile, James Oistine, J. Combes, Samuell Mayhew. 1 large p. [C.O. 28, 45. ff. 54, 54v., 55v., 56, 57, 58v., 59, 60v., 61, 62v., 63, 64v., 65].
June 15.
Barbados.
774. Governor Worsley to the Council of Trade and Plantations. Duplicate of preceding covering letter, mutatis mutandis. Signed, Henry Worsley. Endorsed, Recd. 29th, Read 31st July, 1729. 2 pp. Enclosed,
774. i.–iii. Duplicates of encl. i., iii., iv., preceding. [C.O. 28, 21. ff. 7, 7v., 8v.–11v.].
June 16.
Mincing
Lane.
775. Mr. Morice to [? the Duke of Newcastle]. In obedience to your Grace's commands I send this to acquaint you, that I have discoursed severall merchants trading to Jamaica, concerning the advices they have received from that Island, in relation to the imbargoe laid on all merchants' shipps there, and I have spoken with a gentleman, who came over passenger in the Deale Castle man of warr, and by all acctts. I am informed, that it is the opinion of the concerned in the trade to Jamaica, that Governor Hunter will continue the imbargoe etc. untill he receives letters from one of H.M. Secretarys of State, that matters are accomodated with the Spanyards etc. I found the Jamaica merchants under great uneasiness and discontent, to have shipps and effects detained etc., by which they will not probably saile from that island before the tempestuous hurricane season comes on in the West Indies, besides they will have a winter passage home, and loose the benefitt of the early market for their sugars etc. in England, and by the late return of their shipps home, be deprived of an opportunity to export the comoditys of the growth of Jamaica to forreigne parts. These are the unfortunate circumstances of the traders to Jamaica, who were full of complaints of this nature, and with difficulty I prevailed on the gentlemen of all denominations and distinctions to referr it to mee, to draw up a proper representation of this affaire to be laid before H.M. wch. I will get etc., prepared and signed to-morrow etc. Signed, Hum. Morice. Holograph. 2 1/3 pp. [C.O. 137, 47. No. 9.]
June 17.776. Petition of merchants of London trading to and interested in Jamaica to the Queen. Upwards of 100 sail of merchant ships are detained by the imbargo at Jamaica etc. as preceding. Pray that instructions may be sent to Governor Hunter to raise it, and that measures may be taken for the protection of the island and its trade etc. Signed, Hum. Morice and 7 others. 1 large p. [C.O. 137, 47. No. 10.]
June 17.
Whitehall.
777. Mr. Popple to Mr. Carkesse. Requests reply to enquiry of 20th May. [C.O. 195, 7. pp. 243, 244.]
June 17.
Whitehall.
778. Council of Trade and Plantations to the Queen, Guardian of the Kingdom etc. Offer for confirmation Act of St. Xtophers, 1724, for building a court house etc. [C.O. 153, 15. p. 14.]
June 17.
Whitehall.
779. Same to the Duke of Newcastle. Enclose extract from Governor Lord Londonderry's letter, 5th April, to be laid before the King. Autograph signatures. Endorsed, Copy sent to Lord Townshend the 20th. 1 p. Enclosed,
779. i. Extract from letter referred to in preceding, relating to the capture of the pink Pheasant by a Spanish privateer. 1½ pp. [C.O. 7, 1. Nos. 32, 32 i; and (without enclosure) 153, 15. p. 15.]
June 17.
Kensington.
780. Duke of Newcastle to Governor Hunter. I received the favour of your letter of the 3rd of last month etc., and laid them before the Queen who very much approved your zeal for H.M. service, and for the security of the Island; But Her Majesty could have wish'd that the dispositions you have made for that purpose had not given so great an alarm, as you will find they have done by the inclos'd Memorial etc. (v. supra No. 776). Continues:—Her Majesty has yet no certainty what the Spaniards may undertake, but as their design upon Jamaica seems at present to be suspended, H.M. would have you upon receipt of this letter immediately discharge all the merchant ships, if you have not before done it. And tho' you are to continue all the necessary precautions for your safety, yet you are to take particular care to do nothing that may interrupt the Trade, and that no burthen may be laid upon H.M. trading subjects that is not absolutely necessary; You are also to be very carefull not to give any unnecessary alarm, the avoiding of which you will find was particularly recommended by H.M. orders of 17th Feb. etc. I had, before the King's departure for Hanover, yours of the 15th January, which I laid before His Majesty, who observed with great satisfaction the measures you had then begun, in order to provide for the safety of the Island in case of any attempt upon it by the Spaniards, and was very well pleas'd with the readiness which the Council of State and Council of War showed in doing all that depended upon them towards it. The account you sent of the Ordnance stores then in the Island, and what was wanting was immediately referred to the Board of Ordnance here, whose report upon it, which goes inclosed, having been approved by the King, they were directed forthwith to send you such stores as were necessary, to be furnished from hence, according to the inclosed list annext to their report, and they were accordingly sent away the 6th of this month; the Officers of the Ordnance having annext another list, which is also inclosed, of such stores as may with greater ease and expedition be provided upon the spot, you will procure them there, if you have not already done it. H.M. concern for the preservation of so valuable a part of His Dominions in America, has induced him at this time to furnish you with this supply out of His own stores, yet you are to observe, that this is a thing pretty unusual, and for which no provision is made by the Parliament, it being to be understood that H.M. Plantations abroad are, especially the most considerable of them, to provide themselves with such necessarys for their defence. Signed, Holles New castle. Copy and Draft. 3 pp. [C.O. 137, 53. ff. 162–163, 164–165.]
June 18.
North
Carolina.
781. Governor Sir R. Everard to the Duke of Newcastle. Refers to letter of April 7th. Restates complaint against Mr. Lovick and Moseley (v. Jan. 24th and June 15). Continues:—Mr. Lovick being thirsty after an unreasonable gain, and to make the most of his office before the King's authority took place, has had no regard to my orders, and my Council not taking proper methods in concurrence with me as desired to suppress him, and there being no further expedient left in me to prevent so unjust a practice etc., I once more apprize your Grace with it, Lovick continues hourly to fill up and give out warrants and patents for large baronys of lands and this Moseley etc. has lately surveyed for himself 20,000 acres lying contiguous on the head of a river called Trent etc., and 20,000 acres for a gentleman in Virginia, in one body of land on the northern parts of this Governmt., for which warrants were procured by the help of ready cash out of the Secretary's Office etc. Such proceedings has been, and will be very destructive to the settlement of this place, and the means to prevent many hundred poor people taking up small tracts of land at a reasonable price, that now will be obliged to purchase the same at second hand and at a dear rate, for that is the view in taking up such unreasonable bodys of land in this country, which in respect to its situation, to the French and Spaniards on the Messicippy, and the numerous savages living near us may prove very fatal in the end. I am lately informed notwithstanding the great exactness I have used on all occasions etc., to demonstrate my affection, duty and loyalty to his late, as well as present Majesty; yet it seems this Lovick, Gale Chief Justice and one William Little his son in law, agreeable to their wonted practice, have either sworn, or suborn'd others to swear a matter against me, as though I were disaffected to our ever happy and blessed establishment in the most illustrious House of Hanover. But the particulars etc. I am at a loss to judge, having in writing demanded a copy, as your Grace will perceive by the enclosed Speech to my Council, but to this day I cannot obtain any. This sort of treatment my predecessor Mr. George Burrington received till by dint of swearing and forswearing they prevailed with the Lords Props, to remove him, and soon after it was my hard fate to succeed in his station, though had their Lordships then known, as I believe they do since, what little veracity ought to be put on what those persons swore, much less on what they said, Mr. Burrington had not fallen under their Lordships' displeasure, etc. Three more flagrant villains never came out of the condemned hole in Newgate for execution at Tyburn; therefore agreeable to the prayer of the people from all quarters of this country etc., I desire your Grace will be instrumental in preventing their holding any posts or office of profit or trust, when we arrive to the happiness of living under H.M. auspicious Government etc. Signed, Richd. Everard. Endorsed, R. 10th. Addressed. Sealed. 2¾ pp. Enclosed,
781. i. Governor Everard's Speech to the Council of N. Carolina, referred to in preceding. Copy. April 1st, 1729. 3 pp. [C.O. 5, 306. ff. 31–34v.; and (duplicate of covering letter endorsed, R. Feb. 3,) 5, 308. No. 3; and 5, 1267. ff. 100–101v., 102v.–105v.]
June 20.
Whitehall.
782. B. Wheelock to Lt. Governor Pitt. In absence of Mr. Popple acknowledges letter of 11th Nov. Continues:— My Lords Commissioners congratulate you on your safe arrival in your Government. Whenever you shall at large explain to their Lordships any difficulties you may labour under relating to the administration of Justice, they will be ready to give you the best advice and assistance they can etc. They desire that you will at the same time let them have a full state of the islands under your Government, in answer to the annexed queries. [C.O. 38, 8. pp. 144, 145].
June 20.
Whitehall.
783. Council of Trade and Plantations to the Lords of the Committee of the Privy Council. Upon order of 30th April referring back their reports upon 3 acts of the Leeward Islands for settling additional salaries on the Governor etc., they have heard the merchants by their Counsel upon their petition against two of the said acts (of Antigua and Nevis), and have also received from several merchants trading to St. Christophers a petition praying to be heard against two acts, for laying certain duties upon sugars etc. and other goods of the growth and manufacture of the island to be exported, etc., passed 19th Sept. last, and an act for supplying a defect in that act. Continue:—The objections of the merchants against these acts in substance were, that altho' the duties in question were laid upon the produce of these islands, yet the time appointed for collecting them being at their shipping, they were paid by the masters of the ships and became a charge upon the merchants. That the collection of these duties requiring a new clearing, besides that from the naval officer, frequently occasioned a delay in the voyage, and was an impediment to the Navigation of Great Britain, from whence they inferr'd that these duties were contrary to H.M. 24th Instruction etc., and therefore prayed the said acts might be repealed etc. They offered some observations of less moment, in relation to oaths, penalties and informalities in wording and passing the said acts. To which it was answered by the Counsel for the acts, that his late Majesty had formerly confirmed an act of St. Christophers, to the same effect with this, in which the duty laid was 1/3d. higher, which subsisted for the space of seven years, without any complaint made against it, and that therefore these acts were not of an unusual nature or to be deemed contrary to H.M. 24th Instruction; that far the greatest part of the produce of the Leeward Islands, was shipped on account, and at the risque of the Planters, and not of the merchts., and that whatever part might belong to the merchts., as it arose from the sale of British goods there, it was reasonable to suppose the price of those goods was raised in proportion to the amount of the said duty, and consequently the merchts. would be no loosers by these acts ; as also that the said duty was in itself of very small consequence, not amounting to the fiftieth part of a penny upon a pound of sugar. However, it appearing to us, that antient debts due to the merchts., if there be any standing out, will be affected by these duties in the manner they are now laid, and that the method of collecting them may possibly be some impediment to Navigation; it were to be wished, agreeable to the desire of the merchts., that these duties had been laid and made collectable upon the Planters; But as the immediate repeal of these acts might be attended with great confusion and inconveniencies, and as the objections go to the method of collecting and not to the duties themselves, we would propose to your Lordships, that these acts may lye by, and that the Earl of Londonderry be directed, as soon as may be, to pass others in their stead, whereby these duties may be charged and collected upon the Planters, before the said commodities shall be removed off the premisses where they grow or where manufactured, which we conceive would as effectually provide for the support of the Govr., and not be lyable to the merchts. objections; and if your Lordships should be of the same opinion, we shall write to the Lord Londonderry accordingly. We have computed the value of the summs granted to the Earl of Londonderry by these acts, and find it amounts to £2,666 13s. 4d. sterling. [C.O. 153, 15. pp. 16–22.]
June 20.
Whitehall.
784. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, act of Montserrat for granting to H.M. certain duties upon liquors and house-rent in Plymouth and mills in this island for the payment of £600 per annum in the species of gold or silver to H.E. etc. [C.O. 153, 15. p. 23.]
June 20.
Whitehall.
785. Same to Same. Encloses 3 other acts of Montserrat, (i) for establishing a Court of King's Bench and Common Pleas and a Court of errors etc.; (ii) an act of settlement and limitations for avoiding suits at law; (iii) for the encouragement of artificers and labourers to recover debts not exceeding six pounds. [C.O. 153, 15. p. 24.]
June 20.
Whitehall.
786. Same to Same. Encloses 4 acts of St. Christophers, (i) for raising a tax on negroes for erecting a Court-house in the Town of Basseterre, and to oblige the Secretary and other officers to keep their offices there, and repealing the act of 1724 etc. (v. 17th June, 1729); (ii) for raising a tax on slaves and house-rents for building a wall to complete Charles Town, and for repairing the same fort and other fortifications etc.; (iii) for establishing a market at the Town of Basseterre, Old Road, Sandy Point, and Deep Bay, and ascertaining the prices of beef mutton, veal, pork and turtle; (iv) to regulate the militia etc. [C.O. 153, 15. pp. 25, 26.]
June 20.
Whitehall.
787. Council of Trade and Plantations to the Duke of Newcastle. Enclose extracts of Governor Worsley's letter and enclosures, April 20th last. Conclude:—Your Grace will perceive by this letter etc. the confusion to which that island is likely to be brought, part of the inhabitants having already refused to pay the levy, appointed by law for the payment of the Govrs. salary and for other publick services upon a supposition that the said law is determined. As that seems to us to be a matter of very great consequence, we desire your Grace will please to lay the same before Her Majesty. [C.O. 29, 15. p. 109.]
June 20.
Whitehall.
788. Same to Lt. Governor Gooch. Acknowledge letter etc. of 26th March. Continue:—We are very sorry to hear of the quarrel between the two Indian Nations, but we hope you will use your best endeavours to reconcile them, to prevent the consequences which may attend other Indian Nations being drawn into their quarrel. We have inclosed to the Lords Commissioners of the Treasury an extract of your letter relating to Mr. Lee etc. (v. 4th June), and as we have represented the hardships of this gentleman's case, we hope H.M. will extend his royal bounty to a person who has suffered for having discharged his duty; you will do well upon this occasion to use your utmost endeavours to find out the persons concern'd in this villainous action, that they may be prosecuted with the utmost severity of law. We have likewise recommended the paying of the boundary Commissioners etc. (v. 5th June), so that you may shortly expect to receive H.M. orders with respect thereto. We have considered what you write with respect to the want of regulation in the Militia, and we think you have done very well to appoint an Adjutant, to instruct them in the use and exercise of their arms, that they may prove a sufficient guard against any attempts of the Indians or the intestine insurrections of slaves or convicts. Mr. Fitzwilliams having, by his petition, desired that his appointment of the Councils of Virginia, South Carolina and Jamaica, may be renewed, we have proposed the same to H.M., and as to the dispute which you mention concerning this gentleman's sitting as Judge in the General Court, we think, as the law of Virginia appoints the Councel Judges of this Court, his being appointed by virtue of H.M. warrant entitles him to the same privileges as any of the other Councillors appointed by H.M. Instructions. There having been a law passed this last Sessions of Parliament for repealing the clause which prohibited the importation of stript tobacco, that part of your letter in relation thereto, does not at present require any answer. We have sent to his Grace the Duke of Newcastle a copy of the deposition of the master of a ship taken by a pirate etc. (v. 26th March, 4th June). On the death of Mr. Beverly we should have propos'd Thomas Corbin Esq. to have supply'd his place in the Council of Virginia, had it not been for your particular caution against him. He has been very strongly recommended to us as a person every way qualify'd to serve H.M. in that station, and therefore we shall expect by the first opportunity your reasons against him at large, and in the mean time we do not intend to propose any person to H.M. to fill up the said vacancy. Upon this occasion, we observe the name of Gowen Corbin inserted in the list of persons whom you have recommended to supply vacancies in the Council, and a complaint having been made in the year 1711 against the said Corbin, for clearing a ship in Virginia by virtue of Her late Majesty's sign manual, which had been erased, we send you here inclos'd copies of such papers as made the same appear to this Board, that you may enquire whether ever the said Gowin Corbin cleared his innocency in that case. As to that part of your letter wherein you desire directions about the Spotsylvania lands; and complain of the great want of a lighthouse at Cape Henry, we sent you our sentiments 22nd May, duplicate enclosed. [C.O. 5, 1366. pp. 33–38].