America and West Indies
January 1731, 16-31


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Cecil Headlam (editor) Arthur Percival Newton (introduction)

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'America and West Indies: January 1731, 16-31', Calendar of State Papers Colonial, America and West Indies, Volume 38: 1731 (1938), pp. 14-31. URL: Date accessed: 19 April 2014. Add to my bookshelf


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January 1731, 16-31

Jan. 16.
17. Governor Worsley to the Council of Plantations. Encloses following:—Is not able to send the Treasurer's account of the 2s. 6d. levy of 1730, he not having made up his account which does not end till the 19th instant. Continues:—Your Lordships will observe in my Speech to the Council and Assembly I gave them a hint of finding some expedient at this present juncture in relation to the payment of the arrears due to H.M. upon the 2s. 6d. levy, what I have mentioned to some particular Gentlemen is that they would pass a bill in the preamble of which they might make their submission to H.M. on account of their past faults, and to oblige those persons to pay their levy for the two last years who have not done it, and to have prayed H.M. to remit the fines and forfeitures that have been incurred. Tho I could not nor did not propose to pass such a bill yet I could have transmitted it home for H.M. most gracious commands thereon, and if H.M. would have been pleased to have remitted the fines and forfeitures and to have allowed me to pass it, I believe it would have made the whole island easy tho' most of the Assembly as I am told are convinced that what they have done is erroneous yet dare not make use of this expedient for fear of the people, who would then see they have been deluded; unless they were ordered so to do, however they are so unaccountable in their conduct that I can be certain of nothing tho ever so just and reasonable to be done. Signed, Henry Worsley. Endorsed, Recd. 18th March, Read 20th May, 1731. 3 pp. Enclosed,
17. i. List of persons who did pay the 2s. 6d. levy for 1729, By parishes. Total received, 1866l. 1s. 8d. Signed, George Plaxton, Treasr. Endorsed as preceding. 41 pp.
17. ii. List of persons who did not pay the 2s. 6d. levy for 1729. By parishes. Same endorsement. 44½ pp. [C.O. 28, 21. ff. 162–163v., 165–185v., 187–209v.]; and (duplicates of enclosures i, ii), 28, 40. Nos. 11, 12.]
Jan. 16.
18. Governor Worsley to the Council of Trade and Plantations. Duplicate of 2nd letter to Duke of Newcastle following (p. 6), mutatis mutandis. Signed and endorsed as preceding covering letter. 3 pp. Enclosed,
18. i. Journal of Assembly of Barbados, 15th Jan., 1730. Same endorsement. Copy. 3 pp.
18. ii. Duplicate of encl. iii 2nd letter to D. of N. following.
18. iii. Deposition of William Sims, 15th Jan., 1731. Corroborates preceding. Signed, Wm. Sims, Same endorsement. Copy. 1 2/3 pp. [C.O. 28, 21. ff. 210– 214, 215v.–216v., 217v.]
Jan. 16.
19. Governor Worsley to the Duke of Newcastle. As I have allways endeavour'd to protect and countenance H.M. Patent Officers and their Deputies in this Island, I am sorry I should have any occasion of complaining to your Grace against any one of them especially Messrs. Reynolds the Provost Marshall whose Patent three years ago was struck at by the complaints that were made to me against their Deputy by the same party, that they are now endeavouring to serve, and had I not then conducted it, as I did, perhaps it would not have been in the Patentees power now to have acted as they of late have by putting in such Deputys, as I apprehend cannot be for H.M. service, in that they have been supported, and recommended to them by those, who have opposed the payment of H.M. tax here, and have said, as I am informed, they would have officers of their own. Refers to enclosures. Continues:—I find Capt. Kennedy has discover'd in England, what I have a long time suspected here ; the persons they have deputed, are Mr. George Gascoigne and upon his death, or absence or disability of acting Mr. Thomas Granger, who is at present Deputy Clerk of the General Assembly, and therefore a most improper person for that office. Mr. Gascoigne did not pay H.M. tax the year before the last, as your Grace will see by authentick copys of the Treasurer's account, enclosed, and the last year he did not give in number of his negroes etc. Their design is to get all the Deputy's to the Patent Officers, and I am told are now endeavouring to prevail with Mr. Whitworth to appoint a Deputy Secretary in the room of Mr. Webster. Upon the perusal of the above-mentioned letters, your Grace will observe the artifices that are made use of to make me uneasy in my Government. Mr. Ashley's mandamus not being come according to his expectation, and as he gave out it would, has much disappointed the party who opposed the payment of H.M. tax, and I can't help mentioning to your Grace that several Gentlemen upon that occasion have said, that if mandamus's come to those who oppose the paying H.M. tax, what must we do then. With this your Grace will receive a list of those persons names, who ought to have paid the 2s. 6d. levy the year 1729 but did not, as also the late Treasurer's account for the said levy for the same year, in which are particularly mentioned the names of those persons of every parish, who did pay etc. Continues:— Whether Mr. Ashley has paid since, I cannot tell, in that the present Treasurer has not made up the last year's account, but if he has it is probably to avoid paying the penalty, because Mr. Cornor one of the then Assembly-men for St. Phillips parish had returned him as a defaulter. H.M. Council here having rejected the Assembly's bill appointing Messrs. Forster, and Leheup their Agents, the Gentlemen of the Assembly and others have agreed as I am informed to fix them their Agents, and by voluntary contribution have raised the same sallary, as was appointed by the said bill, and Mr. Peers their Speaker to correspond with them and have left it to Mr. Leheup, that whether he appears, or does not appear publicly, as one of their Agents, as he shall judge it most for their interest, the Gentle- men concerned will look on him, as one, and make their acknowledgments accordingly to him. Concludes as preceding first letter to Council of Trade. Signed, Henry Worsley. 7 pp. Enclosed,
19. i. Messrs. Reynolds to Governor Worsley. Gerard Street, Oct. 5. Acknowledge letters in favour of Mr. William Kennedy. To oblige him, they promised to renew his deputations for another year, upon the same security. But his recent letters proposing no security, they have appointed George Gascoigne and Thomas Granger to be their deputy, whom they recommend to H. E.'s favour and countenance etc. Signed, Thos. Reynolds, Cha. Reynolds. Copy. 1¾ large pp.
19. ii. Capt. Kennedy to [? W. Kennedy]. London, Oct. 23, 1730. Reynolds is a very artful man, and has no doubt put his refusal to depute upon your not giving him security, which is absolutely false, "for I offer'd him unquestionable security here" etc. Continues:— The true secret of this affair is his friends in Barbadoes had a mind to have another Provost Marshall in pure spite to the Governor etc., and he was thoroughly disposed to gratify them in anything that could chagrin Mr. Worsley, they have been continuing this for some time but he never durst venture to put this in execution till now he finds an universal disposition in the people against the Governor who he thinks may be soon recalled and that he is safe in joyning with the multitude" etc. Signed, D. Kennedy. Copy. 1¼ pp. [C.O. 28, 45. ff. 165–170v.; and (duplicates of encl. i and ii), 87–88v.]
Jan. 16.
20. Governor Worsley to the Duke of Newcastle. Since the sealing of a letter to your Grace this morning, I have received an authentick copy of the Minutes of Assembly of yesterday, tho' I must observe there was but twelve of the twenty-two members present. What is mentioned in their second motion, is in relation to a late election for a vestry for St. Phillips parish, betwixt Mr. Weeks one of H.M. Council here, and Mr. Ashley etc. (v. encl. i). Continues:—The law of elections for Assembly- men, and Vestrymen obliges all the voters to take the oaths appointed to be taken instead of the oaths of Allegiance and Supremacy. Mr. Ashley and Mr. Culpeper brought one Coupman a Roman Catholick to vote, Mr. Weekes insisted upon his taking all the present State oaths, Mr. Ashley affirmed that by the law of elections he was obliged to take the oaths appointed to be taken instead of the oaths of Allegiance and Supremacy. Mr. Weekes refused the said Coupman to vote, and Mr. Culpeper another of the candidates of the same side with Mr. Ashley has prefered a petition etc. (encl. i), which is to be heard in Council. This law of election was made in Mr. Cox's presidentship, and if the oaths, the voters are to take, do not extend to the abjuration, and the test, the said oaths were appointed to let in Roman Catholicks, and others to vote at the said elections. The affidavit I have inclosed etc., will set this matter in its true light etc. Signed, Henry Worsley. 3 pp. Enclosed,
20. i. Petition of George Culpeper to Governor Worsley. Petitioner stood as a candidate at the late election of Vestrymen for St. Phillips' parish, at which the Honble. Ralph Weeks took the poll as Sheriff. He repeated the votes of several duly qualified freeholders, whereby petitioner was not returned. Prays that the case may be heard by the Governor and Council etc. 1 p.
20. ii. Deposition of William Sims of St. Michael's parish. 16th Jan., 1731. Describes the incident of Henry Copman refusing to take the Abjuration oath in order to be allowed to vote, referred to in preceding. Signed, Wm. Sims. Copy. 1¾ pp.
20. iii. Deposition of Samson Wood. 15th Jan., 1730 (1). To same effect as preceding. Signed, Samn. Wood. 1 p. [C.O. 28, 45. ff. 171, 173–175v., 177.]
Jan. 19.21. Deposition of Thomas Pickenden, Commander of the ship New Hampshire. Whilst he was at Falmouth, N. H., some of Col. Dunbar's men seized a sloop near Pemmaquid (where Col. Dunbar was about making settlements), which was about to load some staves, and threatened to shoot the master if he made any opposition. The master proceeded to Boston for justice. The Governor ordered the Justices of York in the Province of Maine to take such measures as they thought best etc. They ordered the Sheriff, Major Moulton, to arrest Dunbar's lieutenant. On Oct. 8th last the said Sheriff of York with some men under his command on board a sloop bound for Pemmaquid put in by contrary winds to Casco Bay. Deponent was assured there was not any intent or order to drive off the people which Coll. Dunbar had settled there, and that those people had given out they would be the death of Moulton if he came to Pemaquid or their settlement. Signed, Thos. Pickenden. Copy. 1¾ pp. [C.O. 5, 10. No. 40.]
Endorsed, Recd, (from Mr. Wilkes) 27th, Read 28th Jan., 173 0/1. 2 pp. [C.O. 5, 10. No. 40; and 5, 872. ff. 12, 12v., 13v.]
Jan. 19.
22. Mr. Stanyan to Mr. Popple. The meeting of the Committee of Councill, to examine into the petitions of the Sugar Islands and Northern Colonies etc., at which the Lords Commissioners for Trade etc. have been desired to be present, is put off from 21st to the 25th etc. Signed, Temple Stanyan. Endorsed, Recd. 19th, Read 20th, Jan. 173 0/1. 1 p. [C.O. 28, 21. ff. 148, 149v.]
Jan. 20.23. Governor Belcher to Mr. Delafaye. This comes full of respect and service to Mr. Delafaye and to ask pardon for not saluting you from hence long before this, and for the freedom I take in doing it now. The publick affairs of both Governments have ingrost me from my arrival etc. The people received him with all the respect and honour they could possibly pay to the King's Commission. Continues:—The Governor and the people differ at present in nothing, but as to the manner of the Governour's support etc. Repeats gist of parts of Jan. 11th and 14th. Signed, J. Belcher. Endorsed, R. Mar. 19th. 2½ pp. [C.O. 5, 898. No. 80, ff. 361, 362.]
Jan. 22.
In the
24. Capt. Waterhous to Mr. Popple. Encloses following answers. Continues:—The Fishery at Canço is manag'd after a manner different from that practis'd in Newfoundland; for, instead of boat-fishing, it's wholly carry'd on by imbarkations. call'd scooners, who are on the banks, sometimes a fortnight, more or less as winds and weather present, so that it's impossible the fish can prove so good as those brought in every day, which is done by boat fishing; but that can't be expected till the place is settled with proper inhabitants, that can tarry there winter and summer, which at present, is otherwise, the New England people having most of the property: They come in the spring, and about the beginning of September return to New England again, leaving two or three hands in each property till next spring to provide for the flake, which are in very good order etc. The place is extensive and full of islands, which are very commodious for the Fishery, but there are wanting fortifications to secure even those that are now on that employment, in case of a rupture with the Indians, or, our neighbours, the French, for not above four leagues cross the Gulph of Canço, is a harbour and garrison call'd St. Peter's, where the French are building a strong fort of 30 odd guns etc., and at Lewisburgh, 27 leagues distant, they have built a very strong fort of stone, mounted with 200 pieces of cannon etc. Signed, Tho. Waterhous. Endorsed, Recd. 25th Jan., Read 26th March, 1731. Addressed. Sealed. 1 1/3 pp. Enclosed,
24. i. Plan of the town of Pemaquid.
24. ii. Plan of the town of Pemaquid with the land cleared.
24. iii. Heads of Enquiry relating to the Fishery and Trade of Canço. v. C.S.P. April 28, 1730; and 19th May, 1729. Copy. 3¾ pp.
24. iv. Scheme of Fishery at Canso for 1730. British fishing ships 0; sack ships, 13 = 1065 tons, 121 men; ships from America, 5, = 352 tons, 40 men. By- boatmen: — . The New Englandmen employed this year about 130 scooners about 5 men in each. Quintals of fish, made by the inhabitants, 50,000; carried to foreign market, 31,692; train oil, very little; price of fish, 40s. pr. quintal New England money. Inhabitants, exclusive of garrison, 40; fishermen who stayed all last winter, 50. Signed, Tho. Waterhous. 1 p.
24. v. Answers to preceding by Capt. Waterhous. 22nd Jan., 173 0/1. (i, ii) The inhabitants are possess'd of no stages, cook-rooms, or train-fats, their business being wholly employed in curing fish, very little oil is made at Canço. (iii) No aliens or strangers do resort to Nova Scotia, or islands adjacent thereto to take bait, trade, or fish on any account whatsoever in those parts. (iv) The fishermen are wholy supplyed from Great Britain with the manufactures of the Kingdom, either by British ships trading to Canço etc. or from New England. I cannot find that they are supply'd with anything from foreign countries, except what the New-England-men bring for their own subsistence. (v, vi) The wages for carrying on the fishery at Canço alters, some going by shares, and others by the season, but mostly by what they catch, so that the industrious man gets most: they are commonly paid by bill; or take up necessaries they have an immediate occasion for; but the charge of fitting out and maintaining a scooner is uncertain, the men having half they catch, and the owner, who finds ware, tare, salt and provisions, has the other half. (vii) The fishermen have no employment for their people, but wholly to catch fish, the shoremen curing them. The fishing scooners commonly carry five men each; the fish they afford at a settled price, viz. this year at 40s. p. quintal New England money. I must observe to you, that no topmast vessel does catch fish in those parts, for its morally impossible any vessels but scooners can do on this coast. There was not one top-mast vessel there this year. (viii) By the latter end of September all the fishermen go to New England in their scooners (perhaps two or three men left to look after their houses and flakes), to provide for the next season. (ix, x) No houses of the inhabitants interfere with the Fishery, but all contiguous to themselves, their flakes as nigh the water-side as possible, and so run up in the country as far as they have hands to manage them ; the length uncertain; just as the nature of the ground will allow; every man being allotted his proportion of ground pr. Governor Philips. Their flakes are in very good order and room enough. (xi) The British ships that come from England for a sack at Canço are victuald from Britain, and some bring provisions to sell to the fishermen. (xii) There is no such thing as ships making their own cargoes of fish. (xiii) Taverns or publick-houses in Canço about 11, which are contiguous to the garrison for the benefit of the soldiers. (xiv) As to their remaining as servants to the inhabitants, there is no such thing; for the Proprietors and scooners with their crews go home about Sept. etc. v. Art. viii. (xv–xvii) No servants are brought from England as is practis'd in Newfound- land. As for thefts and disorders there are very few, at least when I was there, considering 130 scooners, whose crews make up 650 men. Some debauch'd people must be expected among such a number. The people left behind last year were about 50 exclusive of garrison, and about the same this year. (xviii) The New England men do steal away some of the seamen, but when detected severely suffer for it; but they are now more cautious, because I made an order, and declar'd I would make reprisals, which I did on one of them, when one of our men deserted. (xix) I can answer for this year, what fish has been ship'd will turn out well (if they have not a bad passage), con- sidering the bad season, not having a fish day above once in three weeks, that is, a day for hardning the fish for shipping. As for their taking care in well curing the fish, there is no industry wanting when opportunities offer; for their whole dependance is upon their goodness; and it's my opinion the masters are more in fault than the shore-men to take fish, when they know they are not thoroughly cured, (but I have endeavour'd to put things to rights this year) which, in some measure, may have been the occasion of former complaints from the merchants. I have made an enquiry of the manner of curing the fish, which is as follows, vizt., they allow 10 hogsheads of salt to 100 quintals of fish, which I think very sufficient; for if they allow more in the hot season they would be salt-burn'd, which is a great loss: and as to fish caught in the spring, they cannot be much prejudic'd, except in colour, which can't be so bright as the Newfound- land fish that are caught in boats ; for the scooners are commonly out a fortnight or ten days, according as winds and weather present: but in hot weather they run hazard; for then some fish will be salt-burn'd when they are brought on shore; and there is no help for it, tho' it is the occasion of some turning out refuge fish, which is a great loss to them. The whole fishery is carry'd on by the New England people in embarkations, call'd scooners, which are the only vessels to fish on this coast, and indeed it's the only way at present they not employing any boats, tho' its an excellent place for boat-fishing ; but that can't be expected till settlements are fix'd by people that can remain there summer and winter, which, for want of proper fortifications, is at present neglected, their properties not being secured to them, (especially on the main) in case of the Indians breaking with us, which at present we are under no apprehensions of, tho' they are a sullen and treacherous people and it's possible, on their breaking, they may destroy the whole Fishery. The garrison being pin'd up to defend them- selves, the Indians may come with numbers of canoes to the back of the Fishery, and do the mischief, not- withstanding the garrison, by reason the garrison must have boats to transport them from one island to the other; and their way of attacking is commonly in the night, they knowing every inch of the land. (xx) As to the number of French ships at Cape Breton, and on that coast, there are, this year, 50 sail; some years they have 70 sail. I can't find any Irish Papists settled among the French, at least I have not heard of any, they never appearing nigh our port, and whenever I meet any of their boats, nigh Canço, they presently go off. (xxi) I can't find any of the officers of the garrison at Canço concern'd, in the least, either of themselves or others, in the Fishery, but the whole carried on by the Proprietors, who have houses and rooms, which they leave with two or three persons to take care of in the winter, neither do they hire out the soldiers to fish. Signed, Tho. Waterhouse. Endorsed as covering letter. 3 2/3 pp. [C.O. 217, 6. ff. 19. 19v., 20v., 23–24v., 25v.–27v., 28v.]
Jan. 23.
25. Governor Hunter to the Duke of Newcastle. Venture this by a Bristol ship which is to sail tomorrow morning and it serves only to acquaint your Grace of the safe arrival of the Enterprize Capt. Smith on the 18th of this month by whom I had the honour of two of your Grace's letters of the 9th of Nov., 1730. On the 26th of last month the Adventure Lord Muskery Capt. sailed from Port Royal bound for Havana where he is to take on board that part of the treasure of the Genoesa which the Spanish Capt. en second De la Hay now in prison at Havana had carried off with him (in a sloop belonging to this island which was sent him to save the crew) and then to proceed for Cadiz; but of this Rear Admiral Stewart by who's orders his Lordship acts will give your Grace a more particular account. Encloses account of the treasure (No. i) etc., "which I had this morning from Mr. Stewart." Continues:—On the first advice I reced. of H.M. orders to send two regiments forthwith from Gibraltar for the defence of this his Island, which indeed wanted it much, I by proclamation call'd the General Assembly to meet on the 21st of this month, being prorogued to a longer time. They met, but not in a number to proceed to business, desired leave to adjourn to Monday the 26th instant, which was granted them; I wish and am not without hopes that they may make suitable returns for H.M. care of their safety at a time when it is apparent that they are in no condition to take care of themselves. All who have anything here to care for and no views of bettering their fortunes by changes rejoyce with hearts full of gratitude for this timely succour and protection when they least expected it. Mr. Stewart sends the Tartar to cruize to the windward with my orders to the Officer commanding the troops on board the transports which will be in conformity with the advice of Council (encl. ii). I hope they bring tents with them; I have however sent orders to Port Antonio, to make preparation for their reception by repairing the old and building new hutts and barracks. A small party sent out from the leeward brought in a negro woman prisoner who has informed as in the paper. (No. iii). There can remain no doubt of their correspondence with and encouragement from the Spaniards. And I am affraid they have the same with and from some within. The paper mark'd (No. iv) is the copy of a letter from Lehy at Dublin brought to my hands by our Attorney General, having by mistake been delivered to the Executor of Mr. Murray deceas'd by reason of the resemblance of the names Morrogh and Murray. The original I shall send by Capt. Smith, that your Grace, if yo(u) think fitt, may be better inabled to inquire after and find out the writer. Last Monday one Tuder who has the command of the party now fitting out against the slaves in rebellion on the North East of this island, and the fittest man for that command, having behaved himself well on that service when others fail'd, was arrested at Kingston where his party were rendezvous'd for a petty debt contrary to law being a freeholder, and kill'd in the Marshall's house by a shott behind him, two of his party kill'd and some wounded at the door by the Marshall's men, who are all here now in goal, the Coroner's inquest having found the fact willfull murder. Of this I shall be more particular by Capt. Smith. No. v is a copy of the last letter I reced. from the General of the gallions etc. I have desired Mr. Stewart to keep the Enterprize here a few days that I may be able by her to inform your Grace what measures the Assembly shall enter or resolve upon for the accommodating and providing for the two regiments etc. Signed, Ro. Hunter. Endorsed, R. April 7. 4 pp. Enclosed,
25. i. Account of the treasure taken up from the Genoesa etc. Total, 256,992 dollars. To defray charges, 21,404d.; ship'd on board H.M.S. Adventure including the freight, 235,588d. 1 p.
25. ii. Minute of Council of Jamaica, 21st Jan. 1730(1). Resolved that the Admiral be desired to send a fregate to cruize to windward to look out for the transports etc.; and that 3 companies be detached and landed at Port Antonio with their tents etc., and provisions to last two months etc. Copy. ½ p.
25. iii. Extract of Col. Campbell's letter of the examination of some rebellious negros lately taken. The wife of the chief Obra man promises to shew the town and great cave where they send their women and children to, when any party comes upon them etc. The wench from Mr. Rippons who was their guide tells that they have as much gold and silver as two negroes can carry etc. That the negroes at Port Antonio are very numerous. That one of their Captains went to the Spaniards, told of their number, and inclinations to joyn with them, if they invaded the island, which is agreeable to what information your Excy. and the Council had from Capt. Quarry, and the few. The negro woman is one of 30 that went from Mr. Humphry Mumbie's and joined with the rebels etc. 1½ pp.
25. iv. Francis Lehy to [? Mr. Morough], Dublin, July 30. O.S., 1730. Dear Uncle etc. Continues:— There's some talk among our chief Clergy here having receiv'd orders from Rome, to send some Missionarys to Jamaica and the circumjacent places; I am con- sulted upon it, and if it happens shall be sent head of the Mission: before I would willingly engage in so weighty an affair, I should be glad to hear your opinion of the place and affair. Send me some small account of your fortune, and misfortune, for you know I was in Paris when you went off to Jamaica: If I was perswaded this would come to your hands I should write you after a very difficult manner dont fail to let me hear from you by the first opportunity to England : address to me at Mr. James Thomson turner in Engine Alley near Meath in Dublin etc. Signed, Francis Lehy. Copy, 1½ pp.
25. v. General of the Spanish Galleons to Governor Hunter. Cartagena Bay. 3rd Jan. (N.S.), 1731. Relating to the cargo of the Genoesa etc. Prays him to continue his favours by discovering the effects hidden by those inhabitants of Jamaica who visited the wreck of the Genoesa, Don Joseph de Herrera having informed him that he left powers with Mr. Edward Pratter for that purpose etc. Has information of another valanda [?] which harvested the cargo of a sloop cast away on the Little Caiman. As she went to Jamaica, hopes H.E. will see that those effects are recovered. Signed, Manuel Lopez Pintado. Spanish. Copy. 1 p.
25. vi. Speech of Governor Hunter to the Council and Assembly of Jamaica, v. Feb. 11th encl. i. Copy. 2½ pp. [C.O. 137, 53. ff 299–301, 302, 303, 303v., 305, 305v., 307, 308–309; and (enclosures i–iii only) 137, 47. ff. 88, 89, 90, 91v.].
[Jan. 23].26. Translation of No. 25 v. supra. 1½ pp. [C.O. 137, 53. ff. 310, 310v.] [180 old].
Jan. 23.
27. Governor Hunter to Mr. Popple. On the 16th of this month I received by the Hannibal their Lordships' letter of Oct. 22nd. Tho' I gave my assent to an act repealing the Protestant act, chiefly because of the objection against it at that board; yet I believe every friend to the King's Government in this Island are sensible of the obligations they ly under to their Lordships' for recommending the first to his Royal appro- bation. Their danger from Irish Papist avow'd or conceal'd having been greater than they apprehended so, much need not be said to perswade their Lordships to get this repealer dis- approv'd. They may perhaps amend it by a subsequent. The very Faction itself would be ashamed on this side to say that I had or possibly could have any views of putting my son's names in patents for land at Port Antonio, but that of encouraging others to become settlers, and if I could have don 't without discouraging such, I would have long ago removed the negros I have there, which I leave a sacrifice to that view, and have offered these or any other lands thereabouts in my power or the King's grant to any person who will settle there with the same number of negros, and these lotts are in partner- ship with Col. Nedham the best settler of new ground here, and he well knows the truth of what I say. I am surpris'd at what their Lordships write about the old Seal, it was seal'd up in Council, put into a box together with the Acts of Assembly etc. and sent on board of the Plymouth, Capt. Bridge, 10th May last by one of the Marshals, who brought a receipt for the same, but I can not account for or guess at the cause of the miscarriage. I hope before this time it may be found out. This goes by a British ship which sails to-morrow morning, so that I have not time to write as I ought to their Lordships, but by Capt. Smith of the Enterprize which will sail in a few days and is kept here on purpose their Lordships will hear from me directly, in the mean time you may communicate what you please of this. Signed, Ro. Hunter. Endorsed, Recd. 19th April, Read 13th July, 1731. 2½ pp. [C.O. 137, 19. ff. 52– 53v.].
Jan. 23.
28. Governor Belcher to the Duke of Newcastle. When I was last in the Provinces of New Hampshire I did in obedience to H.M. royal instruction order a survey of the onely fortification there call'd the William and Mary fort etc. Report enclosed wherein it is proposed to repair and add to the fort, and to raise a battery of six guns in another place. Continues: The Assembly also propos'd to me the building of a Court House at Portsmouth the capital of the Province. H.M. Council and the House of Representatives past a bill, for raising 6000l. to defray the charge of these things, and at the same time to postpone the payment of 150,000l. and 1730l. now out on a loan; to this bill I could not give my consent, because I suppos'd it to interfere with H.M. 22nd and 23rd Instructions to me: But I promis'd to send the bill to your Grace, and to humbly crave in their behalf, that your Grace would procure and send me H.M. royal leave to give my consent to the bill, which is inclosed. I am with great submission to your Grace of opinion, that the bill can be of no prejudice but will greatly advance H.M. honour and interest and the safety and prosperity of his good subjects there, etc. Finding H.M. Council at New Hampshire very thin consisting one of eight persons etc., and two of those gentlemen often out of health and unfitt to attend their duty, I added to the Council Richard Waldron Esqr., a gentleman every way qualify'd etc. He is now applying home for H.M. royal mandamus etc. Signed, J. Belcher. Endorsed, R. 19th [? March]. 2½ pp. Enclosed,
28. i, ii. Governor Belcher's Instructions to Governor Lt. Tailer and others, Oct. 29, 1730, and their report upon Fort William and Mary 21st Dec., 1730. Signed, Wm. Tailer and 50 others. 25 pp.
28. iii. Act of New Hampshire for emitting 6000l. in bills of credit and postponing payment of money due on 25th April, 1731, for one year, paying 5 p.c. interest. Passed the two Houses but not assented to by the Governor. Dec. 3, 1730. Copy. 2½ pp.
28. iv. Deposition of Joseph Heath, Commander of H.M. Fort Richmond in Kennebeck River. Dec. 14, 1730. Being directed by Lt. Governor Tailer to attend him to survey the forts and garrisons in the Eastern parts of the Massachusetts Bay, I embarked on board the sloop Endeavour 5th Nov., 1730, and after sailing to Fort George in Brunswick and to the blockhouse on St. George's river, we anchored in the harbour of Pemaquid before the ruins of the old Fort William, where the King's flagg was flying. Soon after came on board a letter from Col. Dunbar to Col. Tailer, to which Col. Tailer and the other gentlemen on board wrote and sent an answer by me, to whom Col. Dunbar said, if Col. Tailer and the other gentlemen had known what had passed between Governour Belcher and him in Boston, they would not have come, etc. for he had answered their letter already adding that he had been reflected on by them, and they endeavoured to sett the Indians against him at Richmond, publickly. I told him this was false for I had been present at every publick interview with the said Indians and never heard any such thing etc. Copy certified by Joseph Marion, Notary Public. 3 pp. [C.O. 5, 898. Nos. 81, 81 i–iv; and (encl. i, ii, iv only) 5, 10. Nos. 190– 202.]
Jan. 25.
29. Governor Belcher to the Council of Trade and Plantations. Repeats substance of letter to D. of Newcastle, 23rd Jan., to which he refers. Concludes with list of the 7 Councillors of N. Hampshire, adding, "Nor can I at present persuade any gentlemen suitably qualify'd that will pay thirteen guineys for their Mandamus's it being a certain charge, and no proffit. Signed, J. Belcher. Endorsed, Recd. 18th March, Read 9th June, 1731. 3½ pp. Enclosed,
29. i. Duplicate of Jan. 23. No. iii.
29. ii. Survey and report upon Fort William and Mary and stores therein. 18th Dec, 1730. Suggest repairs and additions to walls and batteries. Signed, John Frost, Theodore Atkinson. Endorsed, Recd. 18th March, 173 0/1. 1¾ pp. [C.O. 5, 873. ff. 27–32v.]
[Jan. 26].30. Merchants and planters trading to and interested in Antigua to the Council of Trade and Plantations. The Act of Antigua for amending the Chancery Act will be of great advent- age to traders and a further security to the property of the inhabitants. Pray to be heard, if there is any objection to the bill etc. Signed, Hum. Morice and 14 others. Endorsed, Recd. Read (from Mr. Coleman) 26th Jan., 173 0/1. 1 p. [C.O. 152, 19. ff. 23, 26v.]
Jan. 26.
31. Mr. Popple to William Coleman, mercht. Reply to preceding:—The Lords Commissioners will be ready to hear the merchants, if they have anything further to offer, "on Thursday sennight at 11 a clock in the morning." [C.O. 153, 15. pp. 66, 67.]
Jan. 27.32. Memorial of loss and damage (1966l. 10s. 10d. sterl.) sustained by Capt. William Walton of New York, merchant, by the provisions carried to Florida in an English vessel be- longing to him and there seized by the Spanish Governor in 1727 or 1728. Deposition, signed, Richard Jenneway, of London, merchant. Endorsed, 18th Feb., 173 0/1. 2 pp. Enclosed,
32. i.–iii. Correspondence relating to above. English and Spanish. Copies. 4 pp. [C.O. 388, 93. Nos. 7, 7 i–iii.]
Jan. 27.
33. Lt. Governor Pitt to Mr. Popple. Acknowledges letter of 7th March, and will observe Instruction relating to whale- fishery. Encloses following to be laid before the Board. "Yr. interest wth. their Lordships in my behalfe will be a great meanes to obtaine it" etc. Signed, John Pitt. Endorsed, Recd. 29th June, Read 1st Dec, 1731. Holograph, ¾ p. [C.O. 37, 12. ff. 78, 79v., and (abstract) 37, 24. pp. 33, 34.]
Jan. 27.
34. Same to the Council of Trade and Plantations. Has communicated above Instruction to H.M. subjects. Continues: As H.M. was pleas'd to order it in my Instructions, for a hundred pounds a yeare, being parte of ye Governour's sallary, which my predecessours allwayes injoy'd, I humbly request yr. Lordships to interceed with his most sacred Majesty to continue the hundred pounds a yeare, in lew of ye whale fishery, in what manner H.M. gratiously will be pleased to appoint. I shall not trouble yr. Lordships wth. a repetition of the negroes poisoning ye whites ; haveing done myself ye honmor of writing twice on yt. subject, by ye care and vigilence of the magistrates, and by ye speedy tryall of them as the Act directs haveing condemn'd one wooman to bee burnt and a man hang'd severall transported to ye Spanish West Indies wee are now a little easy, but am afraide not quite secure but doe assure yr. Lordships nothing shall bee wanting in mee, towards extirpating them intierly, and doeing everything else for ye honnour of his most sacred Majesty and the good of ye people I have the honour to governe. I am sorry to heare yt. of my letters never came to your Lordships' hands, haveing taken care to acquaint yr. Lordships with all that passes, but have now advice of two or three vessells yt. are lost by whome I sent, there beeing heere directly noe shipp from England, or to England, I hope yr. Lordships will not impute any neglect in mee etc. Signed, and endorsed as preceding. Holograph. 1¾ pp. [C.O. 37, 12. ff. 81, 82, 82v.; and (abstract, with notes) 37, 24 pp. 31, 32.]
Jan. 27.
35. Same to Same. Encloses following, " whereby your Lordships may perceive that Timothy Tines and Cradock Shelito, both natives of this place, haveing been taken by Spanish pirates, or rovers, were carried into Porto Rico etc. where by the clemency of the English Factor residing there, the said two persons were imployed by one Don Joseph Traheau, a native of France but a subject of Spain, in order to assist him in navigating a small vessell which he purchased for the better despatching of packetts then under his care for the Havana where he was bound, who accordingly with the said two persons embarked and sailing along the coast of Cuba the said two persons took an opportunity to throw the said Traheau over- board, and then run away with his vessell, one negroe man servant that waited on him and all the goods on board which they carried to a place called Turks Islands a moroon key near the Bahama Islands, where meeting with a Bermuda vessell they embarked for these islands leaveing behind the Frenchman's vessell, and upon their arrivall here information being made to me of their villany, I caus'd them to be aprehended, one was try'd, condemn'd and executed, the other who was thought least culpable turn'd the King's evidence etc. Refers to enclosure. Continues:—I have used my utmost endeavours to discover what effects the said Don Joseph Traheau had on board, but can find nothing considerable except the said negroe, those fue that have been found are now in my possession, and shall be sent to the proper owners thereof assoon as I can be advis'd who they are. This is the first oppertunity I have had to transmitt to your Lordships the duplicates of the severall copys of acts of Assembly and other publick proceedings, which I hope will meet with your Lordships approbation etc. I some time since transmitted severall acts etc., together with an address of the Councill and Assembly, therein praying relief from the many hardships they have labour'd under by the insults of the Spaniards, as allso that the independant Company since remov'd from hence to New Providence may be return'd here for the better safeguard of this Colony, all which I hope have long since come to your Lordships' hands and mett with your favourable recommendation to his Majesty. Signed and endorsed as preceding. 1 p. Enclosed,
35. i. Proceedings of the Court of Admiralty, Bermuda, at the trial of Timothy Tynes for piracy etc. 29th Sept., 1730 v. preceding. Evdorsed, Recd. 29th June, Read 1st Dec, 1731. Copy. 7 pp. [C.O. 37, 12. ff. 83, 84v.–88, 89v.; and (abstract) f. 84 and 37, 24. pp. 32, 33.]
Jan. 28.
St. James's.
36. Order of King in Council. Approving report of the Council of Trade and Plantations on the petition of Lord Percival and others for establishing a charitable Colony in South Carolina etc., and ordering that Mr. Attorney and Sollicitor General do prepare the draught of a Charter agreable to what is therein proposed, inserting therein such clauses as they shall think proper, to render H.M. intentions herein most effectuall etc. (v. A.P.C. III. No. 223). Signed, Temple Stanyan. Endorsed, Recd. 10th, Read 11th Aug., 1731. 8½ pp. [C.O. 5, 362. ff. 26–30, 31v.]
Jan. 28.
St. James's.
37. Order of King in Council. Referring following to the Council of Trade and Plantations for their report. Signed, Temple Stanyan. Endorsed, Recd. 27th Feb., Read 7th April, 1731. 1 p. Enclosed,
37. i. Petition of Anthony Rutgers of the city of New York to the King in Council. Prays for a grant of 70 acres called the Swamp, etc. (v. A.P.C. III. No. 227). 4 pp. [C.O. 5, 1055. ff. 170, 171–172v., 173v.]
Jan. 29.38. Memorial of loss and damage (1800l. sterl.) sustained by William Wanton, senior and junior, of Rhode Island, owners of the Wanton, taken by a Spanish man of war in April, 1724, near the Bay of Honduras. Affirmation, signed, Richd. Part- ridge. Endorsed, 18th Feb., 173 0/1. 2 pp. Enclosed,
690. i.–vi. Depositions, petition and correspondence relating to foregoing. English and Spanish, (v. C.S.P. 4th June, 1728). 15 pp. [C.O. 388, 93. Nos. 6, 6 i–vi.]
Jan. 29.
39. Mr. Sharpe to Mr. Popple. Reminds him of meeting of Committee of Council on Thursday next at six o'clock etc. as Jan. 19th, and encloses two new petitions relating to the same affair, which are to be considered then etc. Signed, Will. Sharpe. Endorsed, Recd. 29th Jan., Read 2nd Feb., 173 0/1. Enclosed,
39. i. Petition of Merchants of Dublin to the King. Pray to be heard by their Councell against the petition of Barbados (v. 23 Nov., 1730) "containing many groundless or mistaken suggestions tending to their great injury and prejudice," etc. Copy. 1 p.
39. ii. Petition of Mayor, Aldermen, merchants and owners of ships of Liverpool, trading to and from Barbados and the Plantations, to the King. Pray that goods from foreign Sugar Plantations may be prohibited from being imported into any of the Plantations etc., as 23rd Nov., encl. i and ii. 58 signatures. 2 pp. [C.O. 28, 21. ff. 148, 148v., 150, 151, 152, 152v., 155v.]
Jan. 29.
40. Mr. Coleman to Mr. Popple. Reply to 26th. The act has been so long depending before the Board, that the memorialists were apprehensive their Lordships might have some objection to it. As they don't apprehend by your letter, that this is so, they will not trouble their Lordships, unless they receive further commands etc. Signed, Wm. Coleman. Endorsed, Recd., Read 29th Jan., 173 0/1. ½ p. [C.O. 152, 19. ff. 28, 32v.]
Jan. 29.
41. Mr. Popple to Wm. Coleman. I have laid your letter of this day's date before my Lords Commissrs. etc., and am commanded to acquaint you for the information of the gentle- men who desire the Chancery Act of Antigua should be confirm'd, that their Lordps. have frequently had the same under their consideration, but do not apprehend they can be justified in advising H.M. to confirm it, because they have several objections to it, and tho' it be not usual in matters of so public a nature, for their Lordships to declare either their opinion or their reasons for their opinion, to any person whatever, before they shall have laid the same before H.M.; Yet their Lordps. have been pleased to command me to acquaint you, that they appre- hend the principal grievances complain'd of and intended to be remedied by this act, may be effectually redress'd by H.M. Instructions to His Govr. of the Leeward Islands ; and if any inconvenience should arise from the execution of those Instructions, they may from time to time be alter'd and amended as the benefit of the subject may require; but it would not be so easy to redress any evil arising from the effects of an act once become absolute by the Royal approbation. That there is a very extraordinary clause contained in this act, whereby it is attempted to exclude the jurisdiction of all the Courts of Judicature in Great Britain, except that of H.M. in Council upon appeals. If therefore the Memorialists have anything to lay before their Lordships, or desire to be further heard upon the subject matter of the said act, their Lordships will be ready to hear them on Thursday next. [C.O. 153, 15. pp. 67–69.]