America and West Indies
March 1734, 1-15

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1953

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'America and West Indies: March 1734, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 41: 1734-1735 (1953), pp. 45-55. URL: http://british-history.ac.uk/report.aspx?compid=72754 Date accessed: 02 October 2014.


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Contents

March 1734, 1-15

March 1.63. Thomas Lowndes to the Council of Trade and Plantations. Thos. Lowndes humbly and solemnly protests against your Lordships entring into the discussion of a complaint against Alured Popple Esq. brought by the said Thomas Lowndes for as much as one of your Lordships' Board on the behalf of the whole Board openly and judicially declared "that your Lordships are prepossed" in favour of your Secretary the said Popple, against whom the said Lowndes by order of your Board came fully prepared to make out his charge of complaint the 28th February last. And the said Lowndes is ready to abide by your Lordships' judgmt. in all other cases whatsoever. Witnesse my hand 1st March, 1733, Tho. Lowndes. P. S. I left an open copy for your Secretary. Endorsed, Recd. 1st, Read 5th March, 1733/4. 1 p. [C. O. 5, 363. ff. 39, 39 v.]
March 4.64. Mr. Fane to the Council of Trade and Plantations. Is of opinion that the most proper conveyance of transferring the right of Mrs. Campbell (v. 13th Feb.), to the Crown will be by bargain and sale enrolled in a Court of Record etc. Signed, F. Fane. Endorsed, Recd. 5th, Read 21st March, 1733/4 1 p [C. O. 217, 7. ff. 14, 19 v.]
March 5.65. Mr. Fane to the Council of Trade and Plantations. Has no objection in point of law to Acts of New York, to empower the Vestry of Jamaica etc., and to repeal part of a clause in the Act mentioned. Signed, Fran Fane. Endorsed, Recd. 6th March, Read 5th June, 1734. 1 p. [C. O. 5, 1056. ff. 106, 113 v.]
March 5.66. Petition of Thomas and Jane Goodwin to the Council of Trade and Plantations. Repeat petition of 15th Feb. for disallowance of Act of New York, upon which Mr. West formerly made a report etc. Signed, Ferd. John Paris. Endorsed, Recd. Read 5th March, 1733/4. 1 p. [C. O. 5, 1056. ff. 91, 96 v.]
March 6.67. Mr. Fane to the Council of Trade and Plantations. Report upon Act of the Leeward Islands, 1705, for supplying the want of fines and recoveries in thyeis islands and for making any deed duly executed before any of H. M. Justices of the Courts of Common Pleas equivalent to a fine and recovery etc. The usual method of barring entails in all the Colonies has been by an Act of Assembly confirmed by H. M. with the consent of all the parties interested, and provided the person who applies for the act had such an interest vested in him that he might by fine and recovery, supposing the lands lay in England, do the same. This has been the rule laid down and constantly observed. But of late years as the barring entails became more frequent, it has been thought more proper in many of the Colonys abroad to institute such a method as is prescribed here by deed enrolled in a Court of Record to supply the want of fines and recoveries, and no complaint has been made, as I ever heard, of this method of proceeding, tho' I must observe to your Lordships that since this act was passed and in force, for there is no suspending clause in it, many acts of Assembly have come under my consideration for barring entails, which seems as if the method was not generally approved off etc. Signed, Fran. Fane. Endorsed, Recd. 7th March, 1734, Read 3rd Dec., 1735. 2 pp. [C. O. 152, 22. ff. 13, 13 v., 18 v.]
[March 6.]68. Mr. Fane to the Council of Trade and Plantations. Has no objection in point of law to Act of S. Carolina to prevent delay of justice etc. Signed, Fran Fane. Endorsed, Recd. 6th March, Read 16th May, 1734. ¾ p. [C. O. 5, 363. ff. 55, 64 v.]
March 6.
Whitehall.
69. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, Act of New York, annulling a fraudulent conveyance of Mary Davenport etc., with Mr. West's report and other papers thereupon. [C. O. 5, 1125. p. 302.]
[March 7.]70. Memorial of John Sharpe, Peter Leheup and Charles Tessier, Agents for Barbados, to the Council of Trade and Plantations. The inhabitants of Barbados are under the greatest consternation on account of the apprehensions of a war speedily breaking out at a time that the said island is in a defenceless posture and in a most distressed condition by the decay of their trade and the want of vent for their staple commoditeis whereby they have been rendred unable to support their fortifications and provide arms and ammunition. It is of the last importance to the said island and in consequence thereof of great concern to the trade interest and power of Great Britain that a speedy supply of at least 100 cannon and a sufficient quantity of small arms and ammunition be sent thither etc. Pray the Board to move H. M. for an order for supplying them as soon as may be, and for a squadron of ships of war to protect the island, by reason of the great power of the French in their neighbourhood etc. Endorsed, Recd. Read 7th March, 1733/4. 1 p. [C. O. 28, 24. ff. 8, 11 v.]
March 7.
Whitehall.
71. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, 7 acts of Jamaica, 1733 (enumerated). [C. O. 138, 17. pp. 394, 395.]
March 7.
Whitehall.
72. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, act of Antigua, 1733, for providing an honourable support for H. E. Col. Mathew etc. [C. O. 153, 15. p. 241.]
March 8.
Whitehall.
73. Mr. Popple to Mr. Attorney and Solicitor General. My Lords Commissioners for Trade and Plantations having under consideration the petition of John Rindge Esqr. of H. M. province of New Hampshire relating to the settlement of the boundaries, between the said Province, and that of the Massachusetts Bay; command me to send you, a printed copy of the Charter etc. of the Massachusetts Bay, 1691 (which you will find in the beginning of the printed volume of their laws, herewith transmitted to you), whereupon my Lords Commissioners desire your opinion from what point of Merrimack River, the dividing line between the said Provinces ought to begin, according to the intent and meaning of the said Charter. [C. O. 5, 917. p. 94.]
March 8.
Whitehall.
74. Council of Trade and Plantations to the King. We have lately received a letter from the Lord Howe, your Majesty's Governor of Barbados, in which, at the desire of the Members of your Majesty's Council there, he represents to us the defenceless condition of that Island, arising from the weakness of the Militia, the badness of the cannon, and a great want of firelocks, swords, and bayonets, and he particularly say'd that according to the opinion of the gunners at Barbados upon a survey the best of the cannon are not capable of firing three rounds; that a great number of the Militia have no musketts, and that there is not one bayonet in all the regts. The concern of the Governor and Council of Barbados for this ill .state of their military forces and stores is very much aggravated by the apprehensions they are under of a rupture betwixt your Majesty and the French King, in which case Barbados might be lyable to an invasion from the French at Martinico, who being at present very strong both in men and shipping, would, in Lord Howe's and the Counsel's opinion, immediately attack this Island, as soon as they should receive advice from Europe that a war was declared betwixt this kingdom and France. He therefore humbly entreats, that your Majesty would be graciously pleased to give the necessary orders that a squadron of ships of war may be sent to Barbados, for the protection of their trade; and that they may also be supplied with one hundred peices of cannon, four thousand swords and as many firelocks with bayonets, which in the present ill condition and poverty of this Island it is impossible for the inhabitants to make provision for. We have likewise received a memorial from the Agents of Barbados to the same purpose. Whereupon considering the importance of Barbados to the trade and navigation of this kingdom; and as it is so advantageously situated with respect to your Majesty's Leeward Islands, that any of them may be speedily releived from thence, in case of a foreign invasion, which was the case in the last wars with France, and as on the other hand if Barbados should be subdued it is to be feared the Leeward Islands might afterwards prove an easy conquest, we are of opinion that the utmost care should be employed for the preservation of so important an Island, and do therefore humbly propose, that your Majesty may be graciously pleased to grant them such supplies as your Majesty in your great wisdom, shall think proper. Which may be the more necessary at this juncture considering that this Island has not for many years, receiv'd any such stores of war from hence and that this additional security may be the means of preventing the daily desertion of the inhabitants. [C. O. 29, 15. pp. 428–430.]
March 11.
Jamaica.
75. Governor Hunter to the Council of Trade and Plantations. My Lords. This serves to cover the Representation of the present state of this Island by the Council and Assembly to your Losps., I have transmitted to His Grace the Duke of Newcastle their humble adresse to H. M. for his assistance in their distresse. Inclos'd you have a list of the Acts pass'd in this last Session, I shall send the Acts so soon as they can be gott ready. The Assembly sent up a bill for Martial Law for three months with some qualifications, to which the Council made some necessary amendments, which being rejected, the bill dropt, and a message sent to me in the terms as inclos'd which I answer'd as in what is adjoyn'd to it. The Council advis'd the calling a General Council of warr, which I order'd immediately, they are to meet here to-morrow sev'night. Your Losps. shall have the result by Capt. Aubin who is to depart from hence in ten or twelve days. The rebels have committed several depredations on the frontier setlements of late, but I think the greatest danger is to be apprehended from the desertion of the other slaves, many of which have lately joyn'd them. The barracks which are in hand in the most proper places, if guarded, may in some measure prevent that. Nothing has happen'd that has not been foretold to them, but it seems feeling only is believing here. By one of these Acts Mr. Sharp is appointed Agent for this Island, I beg your Ldps. countenance to him in his solicitations. I shall perhaps have more to trouble your Ldps. with by the King's ship, you may rest assur'd that I shall do my duty etc. P. S. Your Ldps. Have also with this a copie of what I said to the Assembly at the op'ning this last Session as also of what they answer'd. Signed, Ro. Hunter, Endorsed, Recd. 16th, Read 22nd March, 1734. Holograph. 1½ pp. Enclosed,
75. i. Representation of the Council and Assembly of Jamaica to the Council of Trade and Plantations. My Lords, The British Plantations in America being under your Lordships more immediate care, we humbly beg leave to represent the low and distressed condition of this island, with full assurance, from the zeal your Lordships have always shewn for H. M. service and the good of your country, that the same will be faithfully laid before our most gracious Sovereign, supported with your Lordships' favour and seasonable intercession for the aid and assistance our present unhappy circumstances require. Your Lordships are undoubtedly acquainted with the difficultys we have laboured under for several years past, particularly in respect to the negroes in rebellion, and the many fruitless attempts that have been made to reduce them, the taxes that were raised for that purpose, and to defray the other contingent charges of the Government have been exceeding burthensome to H. M. subjects, and the continuance of them become insupportable, thro' the diminution of our inhabitants, and the declining circumstances of the island. Our misfortunes are in a great measure owing to the cowardice and treachery of the party's, raised from time to time out of the Militia, which mostly consisted of tradesmen and indented servants who are unacquainted with arms and military discipline and are not to be depended on, or from arming our slaves who we are convinced have betrayed us. And the situation of the rebels among vast rocky mountains, covered with thick woods, and almost inaccessible, furnishes them with many advantages in forming ambuscades, and retreating to places strongly fortified by nature. Those considerations, and the necessity of reducing them and preventing the defection from spreading, induced the Legislature to apply to Sir Chaloner Ogle, Commander in Chief of H. M. Ships on this station, for two hundred sailors to act in conjunction with one hundred men drawn out of the two Independant Company's, and three hundred others, the best that could be raised, for that service, but thro' the difficulty's already mentioned, and some other accidents that body of men were obliged to retreat with loss of several and great part of their arms and ammunition. These constant successes have embolden'd the rebells to that degree, that they now despise our power and instead of hideing themselves as they formerly did in those mountains and covered places, they openly appear in arms, and are daily increasing by the desertion of other slaves, whom they incourage and intice over to them, and have actually taken possession of three plantations within eight miles of Port Antonio and the sea, by which means they may at any time cutt of all communication by land with that harbour and town, and the new settlers in that neighbourhood have been obliged to retire thither with their family's for protection, they have also within a few days past, made an attempt on a place called the Brest Work, where a considerable number of armed men were lodged, to guard the workmen employed in carrying on a defensible barrack in that place to prevent their incursions. Your Lordships will be pleas'd to observe that this island being about one hundred and seventy miles in length, and from twenty-five to fifty in breadth and there being stragling settlements from one end to the other, with large tracts of woodland between them the white inhabitants are by no means capable of defending so large a compass of land, our number not being more than eight thousand, of which not above one thousand are masters of familys or have any property, and the negroes by the exactest computation exceeding eighty thousand; beside those in rebellion, whose number we cannot get any certain account of, but we believe are not less than two thousand in the several parts of the island. Your Lordships will from thence perceive how impractical it will be for us to suppress them or even to defend ourselves should the defection become more general, which we have too great reason to apprehend from the incouragement they meet with, the affinity between them, and above all the hopes of freedom which has shaken the fidelity of our most trusty slaves, in so much that we are at a loss what measures to take, having been so often betrayed, and being fully convinced that even those who now remain in seeming subjection to us wish well to their cause, and only wait for an opportunity of joining them. Under these deplorable circumstances we are necessitated to address H. M. for aid and assistance, without which as we are already under the greatest extremity we must either abandon the country or become victims to those merciless people. And as your Lordships' affectionate care of H.M. subjects, has been conspicuous throughout your administration, we have an entire confidence in your application for such speedy relief as H.M. in His great wisdom shall think proper, which will lay us under the strongest obligations, and be a farther inducement to us to continue for ever etc. Signed, J. Ayscough and 9 Councillors, and Wm. Nedham, Speaker. 1 large folded p.
75. ii. Governor Hunter's Speech to the Council and Assembly of Jamaica, Feb. 13, 1734. The late audacious attempts of the slaves in rebellion and the desertion of numbers of the plantation slaves on the north side, as it has thrown the inhabitants there almost into despair, so it must convince you that the remedys hitherto apply'd are far from sufficient for the evil, the partys destin'd for that purpose having enough to do tao maintain the post they are possess'd of against the rebels, so it cannot be suppos'd they are capable to cover the workers on a road intended to be cutt and a barrack to be built near to the place call'd De la Milliere's Ambush, which would have facilitated your future expeditions if it could have been effected. The ravages these slaves have committed at Hobby's and the neighbouring plantations, point out to you the necessity of erecting a defensible barrack there, which will require an augmentation of your partys, and proper artificers for such a work, and barracks for the Eastern Division as well as the Western. I doubt you have too much rely'd upon bringing in the outstanding debts, for want of which the partys have been laid under great discouragements, the Receiver General not being able to pay them weekly as directed in the act etc. Reminds the Assembly that the Deficiency act will shortly expire, recommends appointment of Agent for the Island. In the last party act there was no provision made for surgeons or medicines, nor for workmen for building the barracks. He has employed surgeons in confidence that they wd. provide for them at their first meeting etc. Endorsed, Recd. 16th May, 1734. Copy. 2¾ pp.
75. iii. Address of the Assembly to Governor Hunter. 16th Feb., 1733/4. Return thanks for H.E.'s Speech and his care for the preservation of the interests of the Island. They are thoroughly convinced that the remedies hitherto apply'd have been insufficient, and will use their best endeavours to apply such as may be more effectual etc. Signed, Wm. Nedham, Speaker. Endorsed as preceding. Copy. 1 p.
75. iv. Message of Assembly to Governor Hunter, March 8, 1733/4. Having raised the necessary supplies for the reduction of the negroes, and as they had in their opinion provided a bill in order that the best and ablest of the people might be employed in that service, which the Council had been pleased to reject, request to be adjourned. H.E. replied, prorogued them till 7th May. Endorsed as preceding. Copy. 1½ pp.
75. v. List of 7 Acts passed March 1733/4. Same endorsement. 11/8 pp. [C.O. 137, 21. ff. 48, 48 v., 49 v.–55 v., 59 v., 60 v.]
March 11.
Jamaica.
76. Governor Hunter to the Duke of Newcastle. Repeats part of preceding and encloses Address and Acts. Enclosed,
76. i. Address of Governor, Council and Assembly to the King. Feb. 21, 1733/4. We your Majesty's most dutifull and loyal subjects, the Governor Council and Assembly of this your Majesty's Island of Jamaica, are so fully persuaded, of your Majesty's tenderness and care for the support and preservation of your people, that we do with the greater assurance and hope of success, apply to your Majesty to implore your most gracious assistance in our present dangerous and distressed condition. We beg leave to acquaint your Majesty that the danger we are in proceeds from our slaves in rebellion against us, we have for several years past been at an extraordinary and almost insupportable expence in endeavouring to suppress them, and whilst we had any reasonable hopes of succeeding, we declined being too importunate for relief, but our attempts against them having been vain, only convinced us of our weakness, so great, that instead of being able to reduce them, we are not in a condition to defend ourselves. The terror of them spreads itself everywhere, and the ravages and barbarity's they committ, have determined several planters to abandon their settlements, the evil is daily increasing, and their success has had such influence on our other slaves, that they are continually deserting to them in great numbers, and the insolent behaviourof others gives us but too much cause to fear a general defection, which without your Majesty's gracious aid and assistance must render us a prey to them. We humbly beg your Majesty will please to believe our danger, at least as great as we represent it, and that this may very possibly be the last opportunity we have of applying for help, but however it may please God to dispose of us, and however miserable our fate may be, we shall whilst we have any being, wish prosperity to your Majesty, and that you may long continue a blessing to the rest of your people. Signed, Ro. Hunter, For the Council, Jos. Maxwell, Ck. Council. For the Assembly,Wm, Nedham, Speaker, ¾ large p.
76. ii. Message from the Assembly to Governor Hunter. March 8, 1733/4. Abstract. Return thanks for H.E.'s message of 19th Feb., "where you were pleased to assure the House that you would do your duty (which the House never had the least doubt of) if the necessary supplies were raised for the reduction of the negro's; and as the House have raised the necessary supplies for that purpose, and had in their opinion provided a bill in order that the best and ablest of the people might be imployed in that service, which the Council had been pleased to reject, wee humbly begg leave to accept in the name of the House of your Excellency's kind offer in this our extremity, withall desiring a recess that whilst your Excellency is raising and sending out of the partys we may attend the service of our country in our respective stations. Copy. 1 p.
76. iii. Governor Hunter's Speech to the Assembly. 8th March, 1733/4. Reply to preceding. Having nothing more at heart then H.M. service in the safety and prosperity of this Island, I shall do what is in my power, that it may appear that the confidence you put in me has not been misplaced, and according to your desire, the ends of this session being answer'd, I shall put an end to't by a short prorogation etc. to 7th May etc. Copy. ¾ p.
76. iv. Representation of Council and Assembly to the Duke of Newcastle. Duplicate of encl. i. in preceding letter toBoard of Trade.
76. v. List of Acts of Jamaica, passed 9th March, 1734. [C.O. 137, 55. ff. 13, 13 v., 14 v., 15 v., 16, 17, 19, 21 v., 22, 23, 23 v.]
March
12–21.
77. Minutes of Committee of House of Lords, 12th, 18th, 21st March, 173 (12° Maii (sic) 1733). The Representation of the Board of Trade, Jan. 23rd, relating to laws manufactures and trade in H.M. Plantations in America was read. 21° Martii. Mr. Harris, Tryon and Yeoman were heard on the defenceless condition of the Leeward Islands, and directed to lay the same before the Committee in writing etc. 21st March. Then the Earl of Westmorland acquainted the Committee that he had something to offer to their Lordships which he apprehended to be necessary before anything effectual could be done in relation to the manufactures set up and carried on in the Northern Colonies; and submitted etc. whether it might not be done by way of bill this session. His Lordship read what he had to propose vizt., That each Colony, whether under the Crown or otherwise, be obliged to send over a complete collection of all the laws understood to be in force there, to the Board of Trade; and that the Crown be impowered to repeal any law passed under any of the said Governments at any time whatsoever, which hath not actually received the royal approbation in Council, if such law be found detrimental to the Prerogative, or to the trade, navigation or interest of Great Britain, any privilege or limitation by charter or otherwise for the time or manner of repealing such laws notwithstanding. That all laws made in the Plantations, as well in those under Proprietary or Charter Governmts., as in those where the Government is immediately vested in the Crown, be, for the future, transmitted home for His Majesty's consideration within the space of twelve months from and immediately after the passing of such laws respectively; and therefore that no law passed in any of the British Colonies be, for the future, in force, or be allowed to have any effect until the same shall have received H.M. approbation in Council; any usage, custom, charter, privilege or law to the contrary notwithstanding; excepting such laws only, as through any emergency may become necessary in the respective Colonies for the immediate defence of the Government, wherein no matter of a distinct or different nature shall be inserted, but such clauses only as are usual and applicable to the said emergency. That the Governors of Connecticut and Rhode Island, before they do enter upon the discharges of their respective offices as Governors, do take the usual oaths of allegiance and fidelity taken by other Governors; and do enter into such securities to H.M. for the due observance of the Laws of Trade and Navigation, and to the like value as other Governors of H.M. Plantations; which oaths and securites shall be taken in the presence of such of H.M. Governors, as H.M. from time to time shall appoint.
Then his Lordship said he had another matter to offer, which he apprehended would be proper by way of Address to H.M. (vizt.) That the Lords Commissioners for Trade and Plantations do during the recess of Parliament, revise and consider the several proposals that may at any time have been laid before them, relating to such encouragemts. as may be necessary to engage the inhabitants of the British Colonies in America to apply their industry to the cultivation of Naval Stores of all kinds; and likewise of such other products as may be proper for the soil of the said Colonies, and do not interfere with the trade or produce of Great Britain, and do lay their observations thereon before this House at their meeting the next Session of Parliament, etc. Copy. 4 pp. [C.O. 5, 5. ff. 69–70 v.; and (copies of the proposals of the Board of Trade as above) 99, 99 v., 100, 100 v.]
March 12.78. Mr. Fane to the Council of Trade and Plantations. Has no objection to act of Antigua for providing an honourable support for H.E. William Mathew etc. Signed, Fran. Fane. Endorsed, Recd. 12th, Read 20th March, 173. ½ p. [C.O. 152, 20. ff. 4, 5 v.]
March 14.79. Lt. Governor Gooch to the Duke of Newcastle. It is with great concern that I find myself obliged to trouble your Grace again, in behalf of William Major, a poor man lying here under sentence of death, whose case I represented to your Grace last summer [v. July 13, 1733] in order to obtain H.M. pardon, which I then believed might have been contrived with little charge by inserting his name among the Newgate prisoners; but I am now informed by Mr. Leheup, that it is required I should send a certificate of the time of his conviction, and before what Judge or Judges he was tryed; by which I apprehend it is intended to have a separate pardon for him passed under the Great Seal, and if that be the case, I beg leave to inform your Grace that he is in no condition to pay the fees of such a pardon, his little estate being quite ruined by his long imprisonment. I therefore humbly propose that if there be any scruple about inserting him in the Newgate pardon, your Grace will have the goodness to procure H.M. warrant empowering me to pass his pardon for him, under the Seal of this Colony. I have here inclosed the certificate of his conviction and humbly submit to whatever method your Grace shall think fitt to have the pardon expedited with regard to his circumstances which deserve the greatest compassion. Signed, William Gooch. Endorsed, R. 12th May. Holograph. 1 p. Enclosed,
79. i. Certificate of the conviction of William Major for murder and felony. Williamsburgh, 12th Dec., 1732. Signed, Matt. Kemp. Copy. 2⅓ pp. [C.O. 5, 1337. ff. 162–163, 164, 165 v.]
March 14.
Wmsburgh,
Virginia.
80. Lt. Governor Gooch to the Council of Trade and Plantations. My Lords, In obedience to H.M. commands I have administred the usual oaths to Mr. Gordon, Lieut. Governor of Pensilvania, who came hither for that purpose last November, and here inclose his bond for the due observation of the Acts of Trade, his securitys being gentlemen of good circumstances in that country. It is with pleasure I inform your Lordships that the condition of affairs in this Colony may be sum'd up in two words, Peace and Plenty, and as such, give me no occasion to trouble your Lordships: I shall therefore defer the ordinary occurrences till the usual time of transmitting the Journals of Council, etc. Signed, William Gooch. Endorsed, Recd. 21st May, Read 22nd Aug., 1734. ¾ p. Enclosed,
80. i. Bond of Lt. Governor Gordon in £2000 referred to in preceding. Signed and sealed, P. Gordon, James Logan, Isaac Norris (sureties). 1 large p. [C.O. 5, 1323. ff.105, 107, 111 v.]