America and West Indies
May 1735, 1-15

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1953

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412-428

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'America and West Indies: May 1735, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 41: 1734-1735 (1953), pp. 412-428. URL: http://british-history.ac.uk/report.aspx?compid=72783 Date accessed: 29 July 2014.


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May 1735, 1-15

May 1.544. Proclamation by Lt. Governor Gooch dissolving Assembly of Virginia. Copy. 1 p. [C.O. 5, 1344. f. 29.]
May 1.
Whitehall.
545. Order of Committee of Privy Council. Referring following to the Council of Trade and Plantations for their report. Signed, W. Cary. Endorsed, Recd, (from Mr. Partridge) 13th May, Read 4th June, 1735. 1 p. Enclosed,
545. i. Petition of Richard Partridge, Agent for Rhode Island and Providence Plantations, to the King. The inhabitants of the said Colony have at their own costs and charges lately built for their defence against any invasion of an enemy a regular fortification at the entrance of the harbour of Newport their principal town (about 60 miles from Boston) which cost them upwards of £10,000 in their currentsy etc. But the cannon they have at present are but few and several of them unfit for use. The Colony hath not in any manner hitherto been chargable to the Crown nor received the least assistance for their support from it. But have altogether cultivated, improved, and defended their country at their own expence, labour and industry. Wherefore, etc., they humbly request the King wouldbe graciously pleased to bestow upon them a suitable number of cannon and shott answerable for their said fortification, which they will esteem as a great means for their preservation and security, and be a bounty which will lay them under obligations in the most dutifull manner. Signed, Richd. Partridge. Copy. 1¼ pp. [C.O. 5, 1268. ff. 150, 151, 151 v., 153 v.]
May 1.
Whitehall.
546. Order of Committee of Privy Council. Referring following to the Council of Trade and Plantations for their opinion thereupon. Signed, W. Cary. Endorsed, Recd. 5th May, Read 6th June, 1735. 1 p. Enclosed,
546. i. Memorial of Thomas Coram, gentleman, to the King. Memorialist having through long experience in naval affairs, and by residing many years in your Majesty's northern Plantations in America observed with attention severall matters and things which he conceivs might be greatly improved for the honour and service of the Crown and the increase of the trade, navigation and wealth of this Kingdome. He therefore most humbly begs leave to represent to your Majesty, that the coasts of your Majesty's province of Nova Scotia afford the best codd fishing of any in the known parts of the world and the land is well adopted for raising hemp and other naval stores for the better supplying this Kingdome with the same. But the discouragements have hitherto been such as have deterr'd people from setling there, whereby the said province through want of good inhabitants is not so beneficial to this Kingdome nor so well secured to the Crown as it might be because it cannot be presumed that the French inhabitants who remain there by virtue of the Treaty, etc. being all papists would be faithfull to your Majesty's interest in case of a warr betwixt Great Britain and France. The Memorialist therefore most humbly conceivs that it would be highly conducive to the intrest of this Kingdome to setle without loss of time a competent number of industreous protestant familys in this said province, which is the northern frontier of your Majesty's Dominions in America, under a civil Government to be established by your Majesty conformable in all its branches as near as may be to the constitution of England, which seems to be the most probable if not the only means of peopling this province which experience shews could not be effected under the military Government that hath been exiercised there for upward of twenty-four years past, and of giving effectual incouragment to the codd fishery that valuable branch of the British commerce which hath declined very much of late years in proportion as the French have advanced therein. The Memorialist further begs leave to observe, that the French are masters of the best salt in the world for curing fish. Whereas the English are obliged to have what they use from foreign dominions which makes it highly necessary to secure a perpetual supply of salt in your Majesty's Dominions in America, that we may not depend on a precarious supply of that commodity from the dominions of other Princes. And the Memorialist humbly conceivs that the Island of Exuma which is one of the Bahamas would afford a sufficient quantity of salt for all your Majesty's subjects in North America provided Cat Island another of the Bahamas lying to windward of Exuma was well setled and put into such a posture as to be able to cover Exuma and protect the salt rakers from the depredations of the Spaniards of Baracoa (the setling Cat Island would be otherwise vastly advantagious to the Crown) and provided the unreasonable demand of the tenth part of all the salt raked there be abolished for want of which incouragments the salt ponds of Exuma have hitherto been useless to the publick. To these purposes the Memorialist humbly layes the annexed petition at your Majesty's feet and begs leave to add that there are several honourable and worthey persons ready to accept and act in the trust therein described if your Majesty shall be pleased to grant your Royale Letters Patent for that purpose. Wherefore etc. Signed, Tho. Coram. Copy. 2¾ pp.
546. ii. Petition of several of H.M. subjects in and about London and Westminster, in behalf of themselves and many others, to the King. Petitioners are labouring handycraftsmen whose respective trades and callings are overstocked by great numbers of artizans and workmen who resort from all parts of the Kingdome to this metropolis whereby your petitioners are unable to procure work sufficient to maintain themselves and familys and therefore in order to avoid extream want and escape the dangerous temptations and dreadfull consequences which allways attend extream poverty, they are desirous of being setled securly in some of your Majesty's Plantations in America. Petitioners have been well informed there are very large tracts of land lying waste and uncultivated for want of inhabitants in your Majesty's province of Nova Scotia and other parts of your Majesty's Domminions in America, where if your petitioners were once well setled they might acquire a comfortable subsistance for themselves and familys and be of great utility to your Majesty and their Mother Country by raising defensible setlements in the province where they shall be established which would add to the strength of the neighbouring parts of your Majesty's Dominions in America and in time bring a considerable increase to the trade, navigation and revenue of this Kingdome. Yourpetitions therefore most humbly pray your Majesty would be graciously pleas'd to give them and their familys a free passage to Nova Scotia or such other part of America as your Majesty shall think proper and grant to each of your petitions, their heirs and executors whether males or females, in free and common soccage for ever, one hundred acres of the land with the royalties thereunto belonging, and also that your Majesty in tender consideration of the poverty of your petitioners as the Common Father of your people, would be graciously pleased to subsist them in the said province for one year after their arrival there 'till they may be able to raise food for themselves, and also furnish them with tools and utensils to build their hutts and proper defences, and clear and cultivate the land together with seed corn and such other particulars as shall be absolutly necessary for a plantation in its infancy, and for the more speedy and better effecting so good a work that your Majesty will be pleased to appoint and autherize some honourable persons to be trustees for receiving the charitable contributions of such of your Majesty's subjects as shall be disposed to promote so good and usefull a design and to direct and manage the affairs of the infant colony to the best advantage under the security of a civil government to be established by your Majesty in the said province of Nova Scotia or elsewhere conformable in all its branches as near as may be to the constitution of England, for the more effectually protecting them in their persons and propertys etc. 102 signatures. Copy. 3 pp. [C.O. 217, 7. ff. 111, 112–113, 114–115, 116 v.]
May 1.547. Mr. Eveleigh, merchant in Carolina, to George Morley, Provost Marshal. Last November was twelve month came over a parcel of Irish Protestants from the North of Ireland, which the Govr. got settled at a township call'd Williamsburgh at Winyaw on Black River, where the land is extraordinary good, and they immediately made up some small hutts to cover them from the weather, and then to clearing of land which they planted and made very good crops, so farr, that they had corn enough for themselves and 500 bushells to spare. There are several familys since arrived gone there to settle, and I believe in a short time will be a considerable settlement. The allowances they have out of the publick will be a considerable charge etc. Refers to the settlement of a parcel of Switzers on Santee River etc. This morning I received a letter from thence that they were industrious and settling apace; besides which abundance of people arrive here almost every day so that in a short time this Province will be very well settled etc., the charges whereof were very considerable, to defray which there is a very heavy tax lay'd, greater, I believe, than on any province, except Jamaica etc. It is computed that this very town (? Charleston) which is but small will this year pay 10,000 for taxes. About ten days since arrived a ship from Angola with 318 slaves and diverse other vessels are expected from Guinea so that it is probable we shall this year import a great number of negroes, and we ought to have a good number of whites to balance them; the duty whereof is appropriated for the incouraging of the importation of white people into Georgia, Purrysburgh, and such other townships in this Province. Our Assembly has past a bill for appropriating all the money that arises by the duty on negroes to the incouragement of importation of strangers, and for raising a tax for suiting of the orders, which bill would have been soon confirm'd into a law, was it not the Govr. was so extreamly ill, so bad, that his life was despair'd of etc. Endorsed, Recd, (from Mr. Furye), Read July 4, 1735. Copy. 2 pp. [C.O. 5, 364. ff. 52, 52 v., 57 v.]
May 1.
Whitehall.
548. Order of Committee of Council. Referring following to the Council of Trade and Plantations for their report. Signed, W. Cary. Endorsed, Recd. 21st May, Read 4th June, 1735. 1 p. Enclosed,
548. i. Petition of Robert Wright, Chief Justice of S. Carolina, to the King in Council. Petitioner was appointed by H.M. sign manual dated 30th Nov., 1730, and has held the several Courts and discharged his duty with the utmost diligence and impartiality ever since. Several bills have been lately prepared by the Lower House of Assembly and passed into laws which petitioner apprehended were in derogation of your Majesty's prerogative and repugnant to the laws of Great Britain, and therefore as one of your Majesty's Counsel there (as in duty bound), petitioner used his utmost endeavours to have the said bills either rejected or amended, and not prevailing therein he entred his protest against the same in the Journals of the said House, apprehending that they were also very injurious to your Majesty's subjects etc., for which petitioner incurred the displeasure of the Lower House etc. Though it was properly signified to the said House that it was your Majesty's pleasure that a convenient sallary should be appointed for petitioner as usually done to other Chief Justices in your Majesty's American Colonys (which was allowed to your petitioners' predecessors by the late Lords Proprietors for the execution of that office, when the expence was far short of what it is now), yet the said Assembly have been so far from having regard to your Majesty's Instructions, that petitioner hath been upwards of three years without any allowance etc., and having applied his whole time to your Majesty's service, his private fortunes are considerably lessened thereby etc. Prays that directions may be given for the payment of his salary in the future, and of arrears etc. Signed, Robt. Wright. Endorsed, Recd. 21st May, Read 4th June, 1735. Copy. 12/3 pp. [C.O. 5, 304. ff. 22, 23, 23 v., 25 v.]
May 2.
Whitehall.
549. Mr. Popple to Mr. Burchett. In reply to 24th March, encloses Heads of Enquiry for Commodore Towry. Annexed,
549. i. Heads of Enquiry relating to the Fishery at Canso. Same as C.S.P., March 30, 1731, q.v.
549. ii. Scheme of Whale Fishery at Canso.
549. iii. Scheme of Codd Fishery at Canso. [C.O. 218, 2. p. 307–317.]
May 2.
Admiralty
Office.
550. Mr. Burchett to Mr. Popple. Reply to 30th April. Orders are given to the Comdr. in Chief of the ships going to Newfoundland, to take especial care, that not anything be thrown into any of the harbours by any merchant ships etc. Signed, J. Burchett. Endorsed, Recd., Read 6th May, 1735. Addressed, ¾ p. [C.O. 194, 9. ff. 271, 276 v.]
May 5.
St. Christophers.
551. Governor Mathew to Mr. Popple. Herewith are enclosed duplicates of the three Montserat Acts I sent you the 28 Feby. last. I transmit herewith to be laid before their Lordships an Act of the Island of Montserat entituled An Act, for the encouraging the loan of money by factors or merchants in Great Britain etc. I have got the Treasurer of Nevis' Account from May last to the 17th April last and it is enclosed as are the Minutes of the Assembly of that Island from the 25 June, 1734 to 25 March, 1735. Between friends, their Lordships are quite mistaken when they give the discovery of our Sta. Cruz to Grijalva. He indeed discover'd an Island and called it Sta. Cruz then, for the reason their Lordships mention but it lost that name and retains still its own old name Cozumel on the coast of Jucatan above four hundred leagues to the westward of the Carribbee Sta. Cruz. Besides Grijalva was bound from Cuba westward to discover the Continent. How then shou'd he fall in with an Island above two hundred and fifty leagues to eastward of the port he sailed westward from. I can say no more as to that Island than that by all I can learn the French must have left it in 1695 and in the present Estate of France there is a titular Governor named till very lately of it probably to perswade they held a continued possession of it. Signed, William Mathew. Endorsed, Recd. 7th, Read 30th July, 1735. Holograph. 1⅓ pp. Enclosed,
551. i. Account of Revenue, Nevis, May, 1734—April, 1735. Totals:—Receipts, £1720 19s. 4d. Expenditure, £1362 17s. 9½d. Signed and sworn to by Edwd. Bridgwater, Treas. Endorsed as preceding. 2 pp. [C.O. 152, 21. ff. 152–154, 155 v.]
May 6.
Charles Town.
552. Lt. Governor Broughton to the Duke of Newcastle. Governor Johnson dyed last Saturday, upon which I caused my commission as Lieuteut. Governor to be proclaimed in the usual manner, and shall use my best and utmost endeavours to discharge the duty of that trust, for the service of H.M., and the prosperity of this Province, which we are persuaded by all the instances of his goodness to us, he has very much at heart. Signed, Tho. Broughton. Endorsed, R. 21st June. 1 p. [C.O. 5, 388. ff. 126, 127 v.]
May 6.
Charles Town.
553. Same to the Council of Trade and Plantations. Duplicate of preceding, mutatis mutandis. Signed, Tho. Broughton. Endorsed, Recd., Read 24th June, 1735. 1 p. [C.O. 5, 364. ff. 36, 37 v.]
May 7.
Whitehall.
554. Council of Trade and Plantations to the Committee of the Privy Council. Pursuant to your Lordships' Order of the 6th day of March last, we have considered the humble Address of the Council and Representatives of the Province of the Massachusetts Bay, humbly praying that H.M. would be graciously pleased to order them a number of cannon and other stores of war, as specifyed in a schedule annexed to their Address, for the use of a new battery at the South East end of Castle Island, and for the supply of Castle William and the other forts within that Province; which favour they say they are emboldened to implore from the like bounty and goodness from H.M. Royal predecessor Queen Anne to that H.M. Castle William. This naturally led us to examine the books of our office to see in what manner and upon what terms the Province of the Massachusetts Bay hath been formerly supplyed by the Crown with cannon and other military stores; and we find in general, that great distinction hath been made betwixt heavy ordnance and small arms, gunpowder and other small stores; the first having generaly been given gratis, and the latter supplyed by the Crown upon condition that the value of them should be repaid by the Province. But with respect to the particular supply mentioned in this Address to have been granted by her late Majesty Queen Anne for the service of Castle William, which was in the year 1704, we find that the Commissioners who then constituted this Board represented to the Queen upon that occasion that in case Her Majesty should think fit to gratify the people of New England in their request it might be proper to renew Her Royal Commands so often reiterated to them, for setling a fixed salary upon their Governor and Lt. Governor for the time being, for repairing and rebuilding the forts of Piscataway and Pemaquid, the last of which they had lost to the French by their negligence in the preceeding war; but neither of these conditions have hitherto been complyed with by the people of the Massachusets Bay tho' frequently recommended by their Governors, nor do we find that they have paid for the last small stores sent them tho' they were obliged so to do. We must further take leave to observe to your Lordships that the circumstances of the people of New England are very different at present from what they were in 1704; they were then actualy at war with the French and in distress but they are now grown more populous and opulent; and being in possession of an extensive trade, much more considerable than any other of H.M. Colonies in America, we apprehend they are very well able to provide for their own defence, at least so far as relates to small armes and gunpowder: But if your Lordships should be of opinion that they ought to receive the supplys they have now desired from H.M., we would humbly propose that it may be upon condition of aying for the powder, firelocks and other small stores that shall be sent them as well as discharging their old debts if the same hath not yet been done, and that they shall immediately pass a law for the repaire and defence of the Port of Pemaquid, scituated on the eastern frontier of a large tract of country, lately adjudged to the Province of New England in H.M. Privy Council, lying betwixt that Province and Nova Scotia in which Pemaquid is the only fortress that has been erected in those parts to cover and protect the borders of New England from the incursions of the French and French Indians in case of a rupture between Great Britain and France. We conceive the repair of this fort and the cultivation of the lands about it to be the more necessary, lest the French having been once in possession of this country should hereafter set up a claim to it upon dereliction or any other title. [C.O. 5, 917. pp. 113–116.]
May 8.555. Mr. Furye to Council of Trade and Plantations. Encloses following and prays for some directions upon the matter with the first convenient opportunity. Signed, Perege. Furye. Endorsed, Recd. 8th May, Read 6th June, 1735. 1p. Enclosed,
555. i. Extract from letter from Governor Johnson, S. Carolina, 14th March, 1734/5, to Peregrine Furye. Our Assembly will within a few days send Commissioners to join those of North Carolina to run out the division line, tho we apprehend with little probability of success, the Governor of that Province putting a very different construction from what we imagine is the real intent of H.M. Instruction on that subject etc. Repeats difference of opinion, and what he is positive was the opinion of the Lords of Trade when he was with them in England. Concludes:—But whether they have altered it since I have no authority to believe, having received no new instruction on that head: I begg you will take a proper opportunity to sollicit their Lordships for a further explanation etc. Copy, ¾ p. [C.O. 5, 364. ff. 26, 27, 33 v.]
May 8.
Charles Town.
556. Mr. Hammerton to the Duke of Newcastle. As it is my duty so I take this first opertunity to acquaint your Grace that our Governor Mr. Johnson died last Saturday the third instant. Mr. Broughton who H.M. was pleased to commission as Lieutenant Governor and President of the Council, is sworn into the administration of the Government. The Genll. Assembly are setting, and passing a law for a new duty on negroes for the support and maintenance of the poor Protestants that come to settle in Purrisburg, the mony arrising by the Propriation Law being not sufficient for their support: The Lords of the Treasury having been pleased to give me leave to go to England (as H.M. Receiver Genll.) I hope I shall have the honour to kiss your Grace's hand. Being with the greatest regard and deference etc. Signed, John Hammerton, Secry. 2 pp. [C.O. 5, 388. ff. 128, 128 v.]
May 8.
Charles Town.
557. Mr. Hall to [?]. Your Honr. having been the chief means of introducing the intent of my undertaking in the Province, to the Lords of Trade, in such friendly manner; makes me hope you will please to pardon the freedom in giving some acct. of my proceedings therein, which have not been so successful as could wish, chiefly owing to neglect of the Captn. and contrary winds, detain'd us in the Channell, till the 28th of March; so that did not arrive here till the 15th of May which was too late for sowing the seed that season and hemp seed is of that nature as not to grow if kept out of the ground one year. This disappointment hath given great discouragment to the gentlemen; as likewise occasion'd no small dissatisfaction to me, because had flatter'd myself of bringing that undertaking to such perfection as might be of service both to this Province and Great Britain. The Assembly omitted making any provision for me in their last estimate, and during this Sessions the Governor hath had near nine months' sickness, which occasion'd frequent adjournments; so that my affairs was not determined till last month; when I was order'd paymt. for first cost and charges of the seed; and 40 pounds to be paid out of next tax in full for my expenses etc. being near twelve months on that expedition besides former attendances was not less than 120 pounds sterling which gives me reason to repent turning projecter, tho' am convinced from several small parcels of hemp sow'd here last year, in season, that great part of this Province is proper for raising hemp. But the planters are so much attach'd to following rice, being a comodaty mostly contracted for paying the merchants and factors for negroes etc. and most of the inhabitants are so much in debt that they are fearful of entering upon new projects till are farther convinced, of the difference between hemp and rice; for which reason have lately been at the township of Williams Burgh etc. where several familys of English, Scotch and Irish are lately settled, and as have found the land good and offer'd my advice and assistance; they are resolv'd to follow sowing hemp. But as yet am in some doubt how shall be furnished with seed having only one hazard put in practice; which is, by the way of Boston and that from the produce of what hemp seed I brought from London, being sent there to be sold or made into oyle, to which have no answer as yet. I am now apprehensive of meeting with greater difficulties than expected in carrying on this undertaking; being my only piller his Excellency Governour departed this life the third instant and as your Honr. hath had a personal acquaintance of that worthy gentleman the late Governour, it would be needless for me, in giving his character. In November last his Excellency commanded me to give my opinion in writing, what advantage I judged might accrue to Great Britain in general, by having quantitys of hemp raised in this Province, which was a task too coopious, for my capacity; but had his Excellency been pleas'd to have let me know it was to be transmitted to the Lords of Trade and Plantations; I should have desired more time and us'd my endeavours to put it in a more accurate and intelligible manner. The Council and Assembly have order'd me to write a book with directions for sowing and managing hemp and flax in this Province which is to be printed at the publick charge. The Commissioners appointed to make out the boundaries between this Province and North Carolina are met at Cape Fare, but have not heard how that matter will be determined; tho' am inform'd that the Northern gentlemen claim farther southward than was expected and it is believed will carry thire point. Signed, Richd. Hall. Endorsed, Recd., Read 25th June, 1725. 2 pp. [C.O. 5, 364. ff. 44, 45, 45 v.]
May 9.
Charles Town,
South Carolina.
558. Mr. Fox to the Council of Trade and Plantations. Encloses lists of vessels entered and cleared, Charles Town, for the quarter ended at Lady Day, 1735. P.S.—Our Governour after a long illness departed this life the 3rd instant. Signed, Jos. Fox, Naval Officer. Endorsed, Recd. 2nd July, Read 18th Sept., 1735. 1 p. [C.O. 5, 364. ff. 246, 249 v.]
May 10.
Whitehall.
559. Order of Committee of Privy Council. Referring to the Council of Trade and Plantations that part of Governor Cunningham's Memorial which relates to the supply of stores required for Jamaica, for their report thereupon. Signed, W. Cary. Endorsed, Recd. 21st May, Read 4th June, 1735. 1 p. Enclosed,
559. i.–iii. Copies of Governor Cunningham's Memorial and list of ordnance at and required for Jamaica (v. Oct. 18, 1734). 6 pp. [C.O. 137, 21. ff. 132, 133–135, 136, 137 v.]
May 10.
Whitehall.
560. Order of Committee of Privy Council. The Lords of the Committee of Councill having taken into their consideration a report made by the Lords Commissioners for Trade and Plantations upon the memorial of Henry Cunningham Esqr., H.M. Governor of Jamaica, praying that in regard to the present distrest circumstances of that Island, the legislature thereof may be restored to the liberty of laying a small duty on the import and export of negroes, till they shall be in a condition by other methods to raise the necessary supplys for the exigencys of the Government, and the support of H.M. forces order'd thither for the protection of the said Island. And the Committee haying heard Councill upon the said report, as also upon two Petitions presented against the same, the one by the merchants of London, Bristol, and Liverpole trading to Africa, and the other by the South Sea Company, are of opinion, that in regard to the present circumstances of the said Island, the Instructions given to the late Governor of Jamaica on the 10th of December, 1731, ought to be dispensed with, and that a new Instruction be given to the present Governor to empower him, during the present exigencies of that Island, to give his assent to an Act for laying a reasonable duty upon negroes purchased in the said Island, to be paid by the purchaser, provided the said duty be laid in such manner, that there shall not be more paid for the negroes which shall be purchased by the South Sea Company, than for those which shall be purchased by the inhabitants of the Island. And the Lords Commissioners for Trade and Plantations are to prepare a draught of such Instructions as they shall think proper to be given hereupon to the present Governor of Jamaica and lay the same before this Committee. Signed, W. Cary. Endorsed, Recd. 21st, Read 23rd May, 1735. 2 pp. [C.O. 137, 21. ff. 128, 128 v., 129 v.]
May 12.
Jamaica,
Spanish Town.
561. President Ayscough to the Duke of Newcastle. Begins as letter to Council of Trade infra 15th May. Concludes:—I have only as yet receiv'd four list(s) of the effective men of the Independant Companies, one of Captain James Draper's, consisting of seventy-three private men, one of Capt. George Harman's, consisting of ninety-seven private men, are sworn to by Daniel Cristy, the first Lieutenant of the Independent Company whereof Francis Cavalry was late Captain, consisting of seventy-four private men, and another sworn to by Allane Lamonte, first Lieutenant in Sr. Alexander Cummins's late Talbotts, consisting of sixty-two men, besides officers, Serjeants, corporals and drums, the rest shall be transmitted to your Grace as soon as they come to my hands. Signed, J. Ayscough. Endorsed, R. 2nd (by Lieut. Cleland). 2 pp. Enclosed,
561. i. Duplicate of preceding, dated 15th May. Endorsed, R. July 24th.
561. ii.–v. Muster-rolls described above.
561. vivii. Duplicates of May 15 encl. ii., iii. [C.O. 137, 55. ff. 183, 184–185, 186–187 v., 189, 190 v., 191, 192, 192 v., 194, 196–197 v.]
May 14.
1725 (fn. 1)
562. Mr. West to the Council of Trade and Plantations. Report upon Acts of the Massachusetts Bay passed in 1720. Is of opinion that the Act for explanation of and supplement to to an act referring to the poor etc., is not proper to be passed etc. "To take care of the poor is an intention so justifiable that 'tis impossible to object to it. But the power, which to that end is by their act vested in the parish officers is very unaccountable. Since at their pleasure they may disturb the peaceable living of any person whatsoever by informing for the strangest misdemeanors, that were ever invented. No single person of either sex, without any distinction as to their circumstances, must live at their own hand, but under some orderly family government, that is, they must not keep house for themselves. This I submit to your Lordshipps as a most unreasonable restraint. Another provision is, that no woman of ill fame, married or unmarried, shall be permitted to entertain lodgers. The whole seems too hard, but to extend it to marryed women, is unjust, since if their husbands will receive lodgers, it is not in their power to prevent it, and consequently ought not to suffer for the act of their husbands" etc. Has no objection to eleven other acts "passed in the said Island in 1720." Signed, Richd. West. Endorsed, Recd. 29th May, 1725, Read 28th Nov., 1735. Mem.—It does not appear, that the act herein objected to, has been presented to the Crown, and consequently may be repealed, if thought proper. 2¼ pp. [C.O. 5, 878. ff. 77, 77 v., 82, 82 v.]
May 15.
1725 (fn. 2)
563. Same to Same. Report upon five acts passed in the Massachusetts Bay, 1721. Has no objection to four of them, but upon the Act for laying sundry duties on goods imported from New Hampshire and exported thither etc. Observes that "the reason given for this act is that the province of New Hampshire exacts a duty of 2s. per 1000 on boards cutt in New England and brought down the Piscataqua River, to remedy which this duty is now laid etc. This method of proceeding looks as if each province in America consider'd itselfe as alien to each other and cou'd therefore act as independant kingdomes in point of trade. I apprehend this not to bee a proper remedy for any complaint they may have against New Hampshire. And if any province injures another by an undue tax on their trade, the remedy I think ought to bee by application to the Crown, to prevent any such acts being pass'd into law, and not by way of reprisalls enacted among themselves" etc. Signed, Richd. West. Endorsed as preceding, with Memorandum to same effect. 1½ pp. [C.O. 5, 878. ff. 78, 78 v., 81 v.]
May 15.
Jamaica,
Spanish Town.
564. President Ayscough to the Council of Trade and Plantations. My Lords, in pursuance of a Resolution, taken on the late Conference between the gentlemen of the Council and of the Assembly, had, to provide for the security, and defence of the Island, that Martial Law should be continued, for some months longer, there was a Bill prepared for that purpose, which has pass'd the Legislature, and has had my assent for continuing the same, for three months, from the proclaiming of Martial Law, which was accordingly proclaimed on Thursday last the 8th instant. There have been during this session, passed, the Act for putting the Island under Martial Law for any time, not exceeding three months, the additional Duty Act, the Deficiency Act, and also that, for laying a duty of seven pence half-penny p. gallon on rums; as to the two former, I asked the advice of the Council, before the giving my assent thereto, whether I could pass them, in the manner, as they were sent up to me, without breaking into H.M. Instructions; who gave me their opinion, that I might; the reasons whereof for my justification, I have herein inclosed. Your Lordships herewith receive, the humble Address that we have made to H.M., as also the Representations to your Lordships of the Council and Assembly. I must acquaint your Lordships, that the same reasons remain for passing Martial Law, in respect to the present state of the Island, as have been before given to your Lordships, but are now the stronger, in regard, that we should in a favourable season, improve the success, we have had already, and second this blow, towards the reduction of the rebellious negroes, since they have been so dispersed, and distressed, and before they gather themselves into the same strong body, they were in formerly: We shall hereby be able, much sooner to finish our barracks, by forcing in a greater number of pioneer, and other negroes, to work, on the service of the country, that we cannott get without great difficulty, and unwillingness, from the owners of the plantations, in the time of civil power; we in the same manner raise a greater number of more expert and able men, to be sent in parties, into the woods, in pursuitt of the rebells, and they, at this time, more chearfully submitt, to the fatigues of marching, and are under better discipline, and command; when the officers are enabled to impress wains, mules and other conveniences, for the carrying the baggage, provisions, and other necessaries, where our parties are encamped; and the thoughts and care of every inhabitant, are more employ'd, in the publick service, which are otherwise diverted, in the private, as well as the publick business, of the community. I say my Lords, for these, and other reasons, too long to trouble your Lordships with, the Legislature were of opinion, that, the present condition of the country, made this Law absolutely necessary. Signed, J. Ayscough. Endorsed, Recd. 4th, Read 14th, 1735. 1¾ pp. Enclosed,
564. i. Address of the President, Council and Assembly of Jamaica to the King. We, your Majestie's most dutifull and loyall subjects etc., cannot but be alarmed at the preparations of war carried on in Europe. For though we have a full confidence in the wisdom of your Majestie's Councils and the affection you bear towards your people; which has hitherto prevented your Majestie's entring into a warr that has proved so fatal and expensive to the neighbouring Kingdoms, yett as the noblest views pursued by the best concerted measures cannot insure the success desired, it is uncertain how soon the necessity of affairs may render your Majestie's bearing a part in the present disquiet unavoidable; and in such a case we consider that your Majestie's cause must engage us in hostilities with our neighbours, the French and Spaniards in the West Indies, who on the least notice and slightest occasions are ever ready to take their advantage. We begg leave therefore to lay before your Majesty our most humble Address for a supply of all warlike stores but more particularly of canon and small arms so requisite for our defence at this dangerous juncture, in which upon inspection we find with some concern our magazine very deficient. The experience we have had of your Majestie's generosity so often exerted in succouring this your Majestie's Island, emboldens us to hope for a speedy and sufficient releif in these our wants. We trust that your Majestie's unwearied bounty and the necessity of this country, will plead strongly with your Majesty to excuse our frequent importunities, who shall pray for your Majestie's welfare and wish the highest success to your Majestie's endeavours; a success we mean equal to the greatness and goodness of your Majestie's designs. Signed, J. Ayscough; Jos. Maxwell, Cl. Concil.; Wm. Nedham, Speaker. Same endorsement. 1 large p.
564. ii. Representation of the President, Council and Assembly of Jamaica to the Council of Trade and Plantations, May 2, 1735. We have seen your Lordships' Representation to the Lords in Parliament in relation to the Collonys and it is with particular satisfaction to our selves that we have so considerable and favourable a share in it. It is very apparent that the Sugar Collonys have been long declining, and very much want the assistance of the Legislature to put them upon an equall footing with their neighbours the French, and we know no methods that can conduce so much to it, as those proposed by your Lordships, the carrying our sugars directly to Forreign Marketts and the lowering the duty upon rum as to what relates more particularly to this Colony we must observe to your Lordships that the decrease of our trade and consequently of our strength has amongst other causes been in a great measure owing to these two. 1st. The establishing a Factory of the South Sea Company for furnishing the Spaniards with negroes has been a considerable obstruction to its settlement and the principal cause of the diminution of its inhabitants, as that branch of Commerce was formerly carried on by separate traders, and not only employed above one thousand sea men who were a considerable strength and security to the Island, but was the means of vending very considerable quantitys of British manufactures, and introducing six hundred thousand pounds per annum, which or the greatest part was re-exported to our Mother Country. 2ndly. The farming the trade to Campeachy has likewise been a great and further occasion of the decrease of the Commerce and Navigation, as the logwood trade employed at least one hundred sail of vessells and one thousand five hundred seamen and this Island made the general magazine of that commodity, which is now engrossed by some few private persons, and chiefly exported to Holland and other forreign parts, and their Agents have not only incited but joyned with the Spaniards, as we have undoubted informations, in attacking and destroying the British Navigation in the Bays of Honduras and Campeachy, which we humbly conceive affects in a high degree the honour as well as the intrest of the Brittish Nation. How farr we are releivable in those respects, we humbly submitt to your Lordships' consideration, and are encouraged to hope from your long experience and great abilitys as well as a ready disposition on all occasions for the service of your Country, that some means may be thought of to preserve the Trade and Navigation of this Island, if not to restore to us those valuable branches of our commerce, since our intrest is the intrest of Great Brittain, and whatever riches or advantages we acquire, at length center there. Your Lordships do with a great deal of reason assign another cause of our want of people to the vast tracts of land that ly uncultivated in the hands of particular proprietors; as to that we must begg leave to observe to your Lordships that the Legislature have at times attempted a remedy by passing several Bills for that purpose, which were not attended with their desired success; however the Legislature is now framing another Bill which they will take care to render as little lyable to exceptions as may be. As to our fortifications which your Lordships are pleased to take notice off, we must begg leave to acquaint your Lordships that they are neither so many nor in such a condition as they have been represented to your Lordships, there is but one in the whole Island that deserves the name of a fortification, Fort Charles, and that in a ruinouse condition, occasioned by frequent hurricanes and the breaking in of the sea, and tho' there has been for several years a constant fund of one thousand two hundred and fifty pounds per annum appropriated to that purpose, yett from the mismanagement or neglect of some of the late Commanders of that Fort it is now reduc'd to so bad a condition that the repair of the same will require a much greater sum of money than we are capable of raising. It further wants all manner of warlike stores, particularly cannon and small arms, which quickly receive damage in this climate. We have directed several of the cannon that may be made serviceable, to be sent home, and hope for others in their room. To which purpose we shall address his Majesty, and begg your favourable interposition in recomending that they as well as small arms may be speedily sent, as absolutely necessary for our defence; since we have undertaken to give your Lordships this trouble we think it proper to lay before you the state of the country in respect to the soldiers here, they are undoubtedly necessary for the preservation of the country against the negroes in rebellion and those that may joyn them, the disproportion between Whites and Blacks being at least tenn to one, and the danger has lately so nearly approached us as to oblige us to put the country under Martial Law for six months past; in which time they have obtained some advantages against the rebells, but our condition is still such as to oblige us to raise it for three months longer, in order to pursue those advantages at the same time that we say we can't support our selves without soldiers, we must likewise say that we are as unable to provide an aditional subsistance for them, and tho we have hitherto done it in deference to H.M. recomendation, yett upon tryal we find the country so impoverished and so drained of money, as to be unequall to that burthen, and we humbly hope his Majesty in his great goodness will find some means to give us the benefit of their protection without the expence; we must further observe to your Lordships, that those soldiers have not yett been so serviceable to the country as might have been reasonably expected, the name and sight of them has probably had some good effect amongst the negroes, but they have been guilty of great disorders and irregularitys, and seem not sufficiently to be under the power of their officers, and we do in a great measure impute this to their knowledge of some instructions relateing to their tryall, which restrains the officers from inflicting death, lett their crimes be ever so notoriouse, till H.M. pleasure shall be known from England, which requires such a distance of time as emboldens them not only to have their officers in contempt and to disobey orders, but to commit insults upon the inhabitants, and if suffered to go on with impunity, they will become more dangerouse to the country than the negroes they are sent to protect us against, wee dare not prescribe methods but should be glad some expedient could be found to keep them under better discipline. And we begg your Lordships will be so good as to putt a favourable interpretation upon what we have said on this subject; we think it our duty to represent facts that you must otherwise be strangers to, but we do it with the humblest submission and deference to H.M.; we must already sufficiently have wearied your Lordships, but to make but one trouble of it we can't forbear taking notice to your Lordships, that we are informed a sollicitation is carrying on by the inhabitants of Kingston to remove the seat of Government, the Courts of Justice, and all pub lick offices to that town; we shall only observe to your Lordships on this head, that they have been fixed in this town ever since the establishment of a Government here, that this has been found in all respects the most convenient place, and we hope no private sollicitations however supported, will have any weight against a law subsisting for their being kept here, but that the legislature of a country will be always held the best judges in such matters; we should not have mentioned an affair of this nature to your Lordships but that the inhabitants of Kingston have talked very confidently of the success of it, tho' we see no foundation for it, and they have hitherto been wise enough not to expose their reasons for it; we cannot conclude without returning our hearty thanks to your Lordships for your many good offices to this Island, and begging the continuance of them, as we shall use our best endeavours to deserve them. Signed, Ed. Pennant, John Gregory, John Campbell, Rich. Mill, Will. Hayman, Temple Lawes. Endorsed, Recd. 4th, Read 14th Aug., 1735. 4 large pp.
564. iii. Minute of Council of Jamaica, 3rd May, 1735. Copy. 11/3 pp. [C.O. 137, 21. ff. 213–215, 216 v.–218 v., 219 v.–220 v.]

Footnotes

1 See Introduction.
2 See Introduction.