America and West Indies: May 1728 | British History Online

Calendar of State Papers Colonial, America and West Indies: Volume 36, 1728-1729. Originally published by His Majesty's Stationery Office, London, 1937.

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'America and West Indies: May 1728 ', in Calendar of State Papers Colonial, America and West Indies: Volume 36, 1728-1729, ed. Cecil Headlam, Arthur Percival Newton( London, 1937), British History Online https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol36/pp87-107 [accessed 29 November 2024].

May 1728



May 1. Whitehall.	182. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, eight Acts of New York, 1727, (enumerated). [C. O. 5, 1125. pp. 115–117.]
May 3. Whitehall.	183. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before H.M. Annexed,
	183. i. Same to the King. Enclose draught of H.M. Instructions to Lt. Governor John Pitt. (cf. 12th Oct. 1727.) Continues:—There being two vacancies in your Majesty's Council of the Bermuda Islands, by the suspension of Mr. Outerbridge and Mr. Parsons being settled in this Kingdom, we have inserted the names of Samuel Butterfield and Leond. White Esqrs. The 29th Article impowering Capt. Pitt to accept of an Additional salary is made conformable to your Majesty's directions for that purpose etc. (14th Nov.). We have inserted the 97th Article directing an alteration to be made in the prayers, litanies and collects for the Royal Family pursuant to your Majesty's order in Council, 4th April. We have made no other alteration or addition to these draughts than what your Majesty has already approv'd in your Instructions to those Governors whom your Majesty has already sent to other of your Plantations in America, except the leaving out the name of Sherrif in the 37 and 87 Articles, the duty of that place being done by the Provost Marshal.
	183. ii. H.M. Instructions to Lt. Governor Pitt. v. preceding. [C. O. 38, 8. pp. 67–144.]
May 3. Edenton.	184. Lt. Governor Sir Richard Everard to the Council of Trade and Plantations. Abstract. Has proclaimed H.M. "The utmost demonstrations of joy was shewn by all people and the night concluded with a compleat illumination and bonfires and drinking H.M. health" etc. The bounty on pitch and tar being off, the Province has no trade to depend on but its beef and pork, which is brought up by the Virginians and driven alive there, so that their navigation is entirely lost and the Virginians bring in neither mollosses, suger nor rum, "wch. are the chief supports of this Province" etc. Complains of the violent and arbitrary proceedings of the Judge of the Admiralty. He, the Governor, has interfered on behalf of a master of a vessel whom the Judge had caused to be hurried violently to gaol for a tavern score of 3s. 1¼d. sterl. etc. Asks for the advice and assistance of the Board in the matter of a law made by Virginia imposing severe penalties for every hogshead of tobacco imported from Carolina. Several hogs- heads have been seized by the Sherrif of Nansemond. "This is very prejudicial to H.M. revenues and an insufferable damage to the poor No. Carolinians. . . . At the same time our tobacco exceeds the Virginia." Begs for repeal of the Act and that one of the landings in Nansemond River may be made free to the Carolinians to ship their tobacco etc. Set out, N.C. Col. Rec. II. 761. Signed, Richd. Everard. Endorsed, Recd. 3rd Oct., Read 26th Nov., 1728. 5 pp. Enclosed,
	184. i. Petition of Samuel Northy to Lt. Governor Sir R. Everard. Complaint against Edmond Porter, Judge of the Admiralty, referred to in preceding. Set out, N.C. Col. Rec. II. 757. Signed, Samll. Northy. Endorsed, Recd. 3rd Oct., 1728. 4 pp. [C. O. 5, 1267. ff. 25–27, 28v.–29v., 30v., 32–33v., 34v. [with abstract]; and (abstract only) 5, 327. p. 1.]
May 4. Jamaica.	185. Governor Hunter to the Council of Trade and Plantations. Encloses list of Acts passed this last Sessions. Continues:—The Acts with the proper remarks, the Minutes of Council and Assembly shall be sent by the Breda which sayls in ten days. This comes by a Bristol runner which sayls to-morrow; the Spanish privateers six in number let nothing escape them. The Richmond a sloop wt. goods from London for this place was taken off ye north-east point of this Island about three weeks agoe, two of her crew who made their escape have been with me. The Assembly desir'd a recesse on account of their harvest, and they were accordingly adjourn'd to ye second of July, when I am in hopes they will perfect what was left unfinished. I can venture no more by this uncertain conveyance etc. Signed, Ro. Hunter. Endorsed, Recd. 17th, Read 18th. July, 1728. Holograph. 1¾ pp. Enclosed,
	185. i. List of Acts passed 28th March—18th April, 1728. Endorsed, Recd. 17th July, 1728. 1¼ pp. [C. O. 137, 17. ff. 45, 45v., 46v.–47v., 48v.]
May 4. Jamaica.	186. Same to the Duke of Newcastle. Repeats parts of preceding letter. Upon the death of Lt. Plowman has given a commission to William Bashford. Asks for confirmation etc. Signed, Ro. Hunter. Endorsed, R. July 18th. Holograph. 2 pp. Enclosed,
	186. i. Duplicate of preceding enclosure. [C. O. 137, 53. ff 42, 42v., 43v.–44v.]
May 6. New York.	187. Governor Montgomerie to the Duke of Newcastle. Announces his arrival on 15th April, after a voyage of five months. Asks for a Commission for Lt. Walter Butler, to succeed Lt. Collins, deed. etc. Refers to following. Set out, N.Y. Col. Docs. V. p. 855. Signed, J. Montgomerie. Endorsed, R. 20th June. Holograph. 3 pp. Enclosed,
	187. i. Duplicate of following. [C. O. 5, 1092. Nos. 66, 66 i.]
May 6. New York.	188. Same to Council of Trade and Plantations. Announces arrival, but has been too short a while in the country to give an account of the state of the Provinces. Refers to Mr. Burnet's reports. Continues:—The new Assembly had not met when I arrived. Application was immediately made to me, and the people of the best interest of the province advis'd me to dissolve this new Assembly; but I did not determin myself, till I consulted with every Member of the Council singly, and with what gentlemen of the Province were then in town : They all unanimously and even Governour Burnet himself advis'd me, to call a new Assembly, as the most probable way to compose differences, and reconcile all animosities : in com- pliance with all their advices, I dissolv'd the Assembly by proclamation, and writs are preparing to summon a new one to meet after harvast. Refers to Governour Burnet's account of New Jersey Acts passed in the last session etc. Set out, N.Y. Col. Docs. V. pp. 855, 856. Signed, J. Montgomerie. Endorsed, Recd., Read 20th June, 1728. Holograph. 3 pp. [C. O. 5, 1054. ff. 277–278v.]
May 7. Whitehall. (incorrectly dated 1727).	189. Council of Trade and Plantations to Governor Hunter. Acknowledge letter of 10th Feb. and congratulate him upon his safe arrival etc. Conclude:—We doubt not but we shall soon hear that those unhappy differences which have so long subsisted in Jamaica are determined by your wise and prudent administration. [C. O. 138, 17. p. 241.]
May 7. Whitehall.	190. Same to Lt. Govr. Gooch. Acknowledge letter etc. of 13th Dec. 12th and 15th Feb; Continue:—We desire you will regularly continue to transmit to us accounts of all occurrances that may happen within your Government. We have, according to your desire, recommended Col. Randolph etc. (v. 16th Feb.). We observe in the Journal of Council of 4th Nov. last, that the Receiver General is ordered to pay to you out of H.M. revenue of 2s. per hogshead the sum of £300 sterl. ; upon this occasion we must take notice that altho' by your 43rd Instruction you are permitted to issue and dispose of publick money by warrant under your hand, by and with the advice of the Council; yet by your 37th Instruction you are restrained from receiving any gift or present from the Assembly or others on any account or in any manner whatsoever under pain of H.M. highest displeasure, and of being recalled from your Government. We are there- fore at a loss to know what reasons you could have for disobeying those directions which H.M. has been pleased to signify to you by his Instructions; for we don't by any means think that the ballance of the publick revenue, being upwards of £6000 which you give to us as a reason for having accepted of the aforesaid present, to be the least excuse. We observe what you write etc., 12th Feb., in relation to your 119th Instruction directing you to propose a law to be passed for making the Virginia estates of bankrupts lyable to the satis- faction of their English creditors. But whatever weight your reasons against the same may have, yet we cannot think them sufficient to excuse you from complying with your Instructions. Col. Spotswood did formerly represent to us the advantage that would accrue to all ships using the Virginia or Maryland trade, if a lighthouse were erected at Cape Henry in Virginia, but it was then consid'red that the duties to be levy'd for that purpose would chiefly affect the trade and shipping of this Kingdom, and the merchts. here seem'd alarm'd at the said proposal ; we therefore desire that if you pass any act for that purpose, you will at least take care to insert a clause therein, (pursuant to your 24th Instruction) to suspend the effect of the said act till the same shall have been confirm'd by H.M. [C. O. 5, 1366. pp. 2–5.]
May 9. Whitehall.	191. Duke of Newcastle to the Council of Trade and Plantations. His Majesty has commanded me to signify to your Lordships his pleasure, that you lay before him as soon as possible a state of the possessions of H.M. and his subjects in America which are disputed by the King of Spain, particularly those of Fort St. George on the borders of S. Carolina, which the Spaniards pretend to have been erected within their limits of the Island of Providence and the rest of the Bahama Islands ; and of a settlement which they say H.M. subjects have made at the Laguna de Terminis in the Bay of Campeachy : and in your Representation, you will set forth the proofs and arguments that may be made use of to support the rights of H.M. and his subjects, and take notice of the time when those places or settlements were first possest by H.M. subjects, and how far such possession has been confirmed by the Treaty of Utrecht, the Quadruple Alliance or any other Treaty made between the two Crowns. H.M. would also have you collect together and lay before him, the complaints that are come to your knowledge upon which redress has not yet been obtained, of injurys done by the Spaniards, to H.M. subjects in America or trading thither, as the seizing of their ships and effects by the Guards de Costes and other Spanish vessels ; and other depredations and acts of violence and injustice committed on the part of Spain and the loss and damage sustained thereby. Signed, Holles Newcastle. Endorsed, Recd., Read 10th May, 1728. 1 2/3 pp. [C. O. 323, 8. No. 90.]
May 10. Whitehall.	192. Mr. Popple to Mr. Fane. Asks for his opinion whether the renewal of Mr. Worsley's Commission, whereby his late Majesty's Commission is revoked, does not cause a determination of his Government within the meaning of an Act of Barbados, 1723, for supporting the honour and dignity of the Government and whereby a salary was settled on him until the determination of his Government. [C. O. 29, 15. p. 22.]
May 15. Whitehall.	193. Council of Trade and Plantations to Governor Phenney. Acknowledge letters etc. of 20th April and 5th Dec. Continue :— We have again wrote to the Duke of Newcastle in relation to the stores of war etc., and hope that speedy directions will be given to the proper officers for sending you the necessary supplies. [C. O. 24, 1. p. 97.]
May 16. Whitehall.	194. Extract of a letter from the Duke of Newcastle to Mr. Walpole. I am commanded by H.M. to transmit to your Excellency the following "concerning some late encroach- ments made by the French upon the Islands of Sta. Lucia and St. Vincent." Continues :—The pretensions of the French to these Islands have always been thought here to be without any foundation, and when they were revived in 1722 upon the occasion of the grant thereof etc. to the Duke of Montagu, Mr. Daniel Pulteney etc., was sent express to the French Court to explain and assert the right of the Crown of Great Britain to these two Islands, and had several conferences with the French Ministers upon the subject of his Commission, but through the multiplicity of other affairs then depending at that Court, the matter in question was not brought to any determination, however the farther discussion of it was reserved to another fit opportunity ; and in the mean time till such an opportunity should offer it was at least expected, that things should remain in the same situation they were in, and that no new attempts would be made by the French to settle those Islands. For your more thorough information I send you a copy of the Instructions which were given to Mr. Pulteney upon that occasion, together with a Representation of the Lords Commissioners of Trade, wherein H.M. right to those Islands is clearly and fully set forth, as likewise the memorial of the Sieur Destouches, who was then charged with the affairs of France at this Court, wherein he asserts the right of the Crown of France to the said Islands. And from the whole I doubt not, but your Excellency will be able to set this affair in so clear a light, that the Court of France may be convinced they ought not to proceed in the manner they do, without any regard to H.M. title to the said Islands, especially as no title to them has yet been made appear on the part of France. In the doing whereof H.M. would have you act in the same amicable manner as in the former part of this letter you are directed to do. But as the inclosed papers will shew you the undoubted right of H.M. to these Islands, and likewise the necessity of asserting that right both for the benefit of our trade and the security of H.M. other Charibbee Islands, I am to recommend it to your Excellency to make the proper instances that this dispute may be determined according to the rules of Justice, and that a stop may be put to any further incroachments on those Islands. Copy. 1¾ pp. Enclosed,
	194. i. Council of Trade and Plantations to the Duke of Newcastle, Feb. 9, 1728. q.v.
	194. ii. Deposition of John Ridley, 28th Nov., 1727. Copy. 1¾ pp.
	194. iii. John Bennet, merchant in Barbados, to the Duke of Montagu, 30th Nov., 1727. Copy, 1½ pp. [C. O. 28, 39. Nos. 43, 43 i—iii.]
May 16. Whitehall.	195. Mr. Popple to Mr. Attorney and Mr. Solicitor General. The Governors of H.M. Plantations are directed to observe the inclos'd Instruction (relating to the 5th and 6th Articles of the Treaty of Neutrality with the French in America), but there having been some doubt concerning the legality thereof; my Lords Commissioners desire your opinion thereupon as soon as may be. [C. O. 324, 11. p. 103.]
May 16. Jamaica.	196. Governor Hunter to the Council of Trade and Plantations. I embrace this first opportunity that has offer'd since the meeting of our Assembly, to give your Lordships an account of their proceedings and it is a particular satisfaction to me that I can acquaint your Lordships that in all their deliberations and debates they have behaved with moderation and calmness and with a due deference to the King's authority, and I must really do them the justice to say that they have dispatched the most material business I recommended to them in as short a time as could possibly be expected, after which they desir'd me to give them a short recess, it being their crop-time. I did accordingly on the eighteenth of the last month adjourn them to the second of July next, at which time I have no reason to doubt but they will meet and accomp- lish what remains unfinished and recommended to them for the good of their country. Encloses Minutes of Council and of Assembly and seven Acts, vizt. (i) An Act for granting a revenue to H. M. for the support of the Government and for reviving and perpetuating the acts and laws etc. I have carefully com- pared this Act with the draught formerly transmitted to the Duke of Portland and find it agreeable thereto in most things literally but in everything as to it's material substance, except in such particulars as I was impowered by my Instructions to leave out and the words which perpetuate the laws in this Act are synonymous to those used in the draught. And I am of opinion that the Revenue thereby granted will effectually answer the sume of £8000 a year, altho' the duty on indigo and sugar should by any accident fall short of the sume mentioned in the estimate annext to the draught. For I am now taking such measures to have an exact rent roll made of H.M. Quit-rents and for the more effectual and speedy collection thereof that I have great reason to believe the quit rent will at least raise double the sume reckoned in the said estimate, so that the surpluss of the quit rents will at all events make good deficiencies which possibly may happen in the other branches of the Revenue ; Besides there is an express clause of credit incerted in this Act, whereby the faith of the Country is engaged to make good any deficiency in the funds appropriated to the Revenue, and it has been seldom known, where the publick faith has been engaged by a vote of the Assembly they have let the publick suffer, much less when solemnly promised and engaged by a law. I have therefore given my assent to this bill and cannot but earnestly recom-mend it to your Lordships for H.M. Royal approbation, (ii) An act for raising several sums of money and applying the same to several uses. This is an annual bill and I have succeeded in having a clause incerted in favour of the South Sea Company, pursuant to the additional Instruction which was given me for that purpose. By this Act the South Sea Company pays no duty for negroes but such as they shall actually dispose of in this Island; This was a difficult point to get over, the people of the country having an aversion to that Company, they say it deprives the separate traders from the advantages they formerly had before the South Sea Factory was settled here. The rest of this bill is much to the same purpose with those passed by former Governours from year to year under the same title, (iii) An act to oblige the several inhabitants to provide themselves with a sufficient number of white people, or pay certain sums of money in case they shall be deficient and applying the same to several uses and for repairing the wall of Port Royal. This is likewise an annual law and in which ample provision is made not only for all arrears due to the officers and soldiers belonging to the two Independent Companies during the late cessation of the laws, but also for their subsistence for the ensuing year; I could not possibly prevaile with the Assembly to pass it for a longer time. They give for reasons, that they by this instance as well as their disposition to subsist those two Companies demonstrate their good will to them, and do give me the utmost assurances that they will continue such their subsistance from year to year, whilst the said Companies are kept among them, in which I believe them sincere, because the soldiers are usefull in guarding the fortifycations at Port Royal and keeping guard in this town, which the inhabitants would otherwise be obliged to do ; They likewise say that the providing for the soldiers in this manner by annual bills is most agreeable to the common practice in England and therefore desire to assimilate themselves as near as may be to their mother country. (iv) An Act for raising a tax by the poll and on trades and applying the same to several uses. This Act is intended, as set forth in the preamble, to raise an additional salary for me. This method the Assembly conceived was easier to the country and answered the ends as well as that in the Duke of Portland's time, and indeed the main end of keeping a Governour independt. of them for his yearly subsistance is answered ; he being thus enabled to rent or purchase and stock a pasture farm without which there is no keeping house in this country ; H.M. by his Instructions is pleased to permit that the Assembly by any Act or Acts may settle such sum or sums in addition to my salary as they shall think proper, notwithstanding any clause or clauses in the 20th Instruction provided it be done by the first Assembly within the year and during the whole time of my administration; so I humbly hope your Lordships will be of opinion that in giving my assent to this Act, I have in nothing essential departed from my Instructions, (v) An Act for the more effectual and speedy collecting of the several outstanding publick debts of this island. There being very considerable sums of money due to the Government both on the revenue and other publick funds, the Assembly have thought proper on my recommendation to apply all those arrears for the payment of the publick debts, and this bill prescribes the most effectual method for the collection of them ; so that the utility of this Act is so apparent, that it carries in itself sufficient reasons for my assenting to it. (vi) An Act for the reviving and continuing of process and to prevent disputes at law concerning the registering of deeds and patents and for confirming of bonds taken in the Secretary's Office. (vii) To enable such of the Parishes as have not already chose their parish officers nor laid their parish taxes, to do the same in prefixed times, altho' the times appointed for doing thereof be already elapsed. The titles and preambles fully explaine the meaning and design of the two last Acts etc., without which the reviveing of the laws by the Revenue bill could have been of little immediate service to the Island ; and there being nothing in the said bills contained injurious to H.M. Prerogative, I readily gave my consent to them. These are all the bills that have hitherto been presented to me for my assent, but there are many other good bills under the consideration of the House, such as re-establishing credit, and a more speedy way of reducing the rebellious negroes ; These with some other matters of importance I hope to get accomplished at the Assembly's next meeting etc. Encloses duplicate of Act passed in the Duke of Portland's time entitled, an explanatory act for the further encouraging the settling the parish of Portland, "which I never saw nor heard of till I came to this country, otherwise I should have sollicited H.M. approbation of it before I left England; for unless it is confirm'd I am afraid the settlements of that part of the country, which is of great importance to us, will meet with obstructions and delays" etc. Continues:— The Council and Assembly have join'd in a dutifull Address to H.M., which I have by this conveyance transmitted to the Secretary of State. The Fox man of warr arrived here about ten days ago with orders for Admiral Hopson, who is at present with most of the squadron on the coast of Cartagena, but are daily expected here. The Spaniards continue to fit out privateers especially from St. Jago on Cuba and they take every ship and vessel belonging to us they can make themselves mas- ters of; which is a great obstruction to trade. P.S. Last night Admiral Hopson's corpse arrived here from the coast of Cartagena on board the Leopard man of warr ; He removed from on board his own ship the Lyon, that ship being very sickly and the day after was seizd with a feaver and died in a few days. I am informed that the rest of the squadron are tolerably well. Signed, Ro. Hunter. Endorsed, Recd. 19th, Read 23rd July, 1728. 8 pp. [C. O. 137, 17. ff 49—52v., 54v.]
May 17. Jamaica.	197. Governor Hunter to the Duke of Newcastle. Refers to enclosed duplicate of letter to Council of Trade, May 16 supra. Continues: I dare not, till I am better inform'd and acquainted, venture to recommend any persons for the Adminr. in case of my death, by virtue of a dormant commission, tho' to prevent new disorders I cannot help thinking such precaution may not be amisse, for although I think the gentleman in who's hands it was at my arriveal can not be accus'd, as far as I am inform'd, of any thing illegal, yet what by means of probable fewds and resentments and the contempt and little regard the generality have for him, I can not think him a proper person for that trust. I thank God I enjoy better health then I have done for for some years pass'd so there is in appearance no immediate necessity for that precaution. Upon the whole, I think the Assembly here if manag'd by a gentle hand may be brought to do their duty in ev'ry thing with relation to H.M. Government and the good of the countrey. An unforeseen and unsuspected opposition, which I am almost asham'd to mention, had like to have embroil'd all again, but as I gott in some measure the better of it, I shall not trouble your Grace with it. I have however explain'd this to Mr. Delafay. The Spaniards have several privateers on the cruize which much disturb our trade and take every vessel they come up with. Refers to Admiral Hopson's death etc. (v. preceding), and to enclosed Address, "which I beg your Grace to gett presented wt. the humble and hearty assurances of their duty and loyalty." Signed, Ro. Hunter. Endorsed, R. July 20. Holograph. 3 pp. Enclosed,
	197. i. Address of Council and Assembly of Jamaica, April 3, 1728 to the King. Condole with H.M. on loss of his royal Father, whilst heartily congratulating him on his accession. "The many early instances of your Majesty's goodness must give your subjects the greatest assurances of happiness, and what quiet, what content must they enjoy who are more immediately in your presence, when we whom Fortune has removed by a very distant scituation are so sensible of the happy influences of your Government." Express appreciation of Governor Hunter's appointment etc., and sentiments of duty and loyalty etc. Signed, Tho. Beckford, Speaker; Jos. Maxwell, Cl. Council. 1 large folded p.
	197. ii. Duplicate, No. 196. Endorsed, Rd. July 20. [C. O. 137, 53. ff. 46—47v., 48v., 49, 50—54, 55v.]
May 17. Jamaica.	198. Governor Hunter to Mr. Stanyan. Refers to former letters and repeats gist of letters of 16th and 17th May, supra. Signed, Ro. Hunter. Endorsed, Rd. July 17. Holograph. 3 pp. [C. O. 137, 53. ff. 56—57v.]
May 17. Jamaica.	199. Same to the Duke of Newcastle. Capt. St. Loe now commanding in Admiral Hopson's room, recommends him, "as honest a gentleman and good an officer as any in the Service, one very acceptable to all here and well deserving promotion" etc. Signed, Ro. Hunter. Endorsed, R. July 20. Holograph. 1 p. [C. O. 137, 53. ff. 58, 59v.]
May 17.	200. President Middleton to the Duke of Newcastle. Had hoped some notice would have been taken ere now of his letter of 31st June last to Governor Nicholson, which was laid before H.M. in Council etc. For want thereof, the people continue in their riotous dispositions, and are daily affronting the Govern- ment etc. Repeats proceedings of Assembly as in the Representa- tion which he is now preparing with the Council (v. July 2nd, 1729). Concludes :—If such a petty Colony as this, are suffered to run on at this rate, etc., daily affronting the Royall authority and his Representatives here etc., and that without the least censure from home etc., I know not where will be the end of these things. Signed, Ar. Middleton. Endorsed, R. 4th June. 2 pp. Enclosed,
	200. i. Bill (sent up from the Assembly, S. Carolina) to prevent the many evils etc. from the unsettled state of the paper currency etc. Copy. Signed, Char. Hart, Secry. 1 p.
	200. ii. Bill to promote the currency of silver and gold by affixing the value thereof in the present paper currency etc. Copy. Signed, Wm. Bull, Cl. Cone. 1 p.
	200. iii. Bill to promote the importation of gold and make it current etc. Copy. Signed, Char. Hart, Secry. 1 p.
	200. iv. Bill to ascertain the discount on the paper bills of credit etc. Copy. Signed, Benja. de la Conseillere. 1 p.
	200. v. Minutes of Council in Assembly of S. Carolina, 4th— 11th May, 1728, with Proclamation for dissolving Assembly, 11th May. Copy. Signed, Wm. Tinley, Cl. Cone. 5 pp.
	200. vi. Bill to ascertain the value of the paper bills and to promote the currency of gold and silver. Copy. Signed as preceding. 1 p. [C. O. 5, 306. Nos. 80, 80. i—vi.]
May 17. Whitehall	201. Council of Trade and Plantations to the Lords Com- missioners of the Treasury. The Board of Works upon surveying this Office, in order to secure the same when they pull'd down the partition wall lately repair'd, do find the South West wall, almost in as bad a condition as that which they have taken down ; and as we are inform'd that the repairing the same will not be attended with much expence, we desire your Lordships will please to give the necessary directions for this repair, whilst the workmen are going forward with the other, that we may not be oblig'd to remove a second time out of our Office. [C. O. 389, 37. p. 290.]
May 17. Whitehall.	202. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, two acts of S. Carolina. [C. O. 5, 400. p. 238.]
[May 17.]	203. List of inhabitants of Bermuda, 1727. By parishes. Totals: Whites, Men, 910, Women, 1768, boys, 1261, girls, 1131. Blacks, men, 787, women, 945, boys 1158, girls, 987. Endorsed, Recd, (from Col. Hope), Read 17th May, 1728. 1 p. [C. O. 37, 12. ff. 9, 10.]
[May 17.]	204. Copies of assessments in the 9 tribes of Bermuda, in 1727, pursuant to the Act for raising money for the fortifica- tions. Endorsed as preceding. 25 pp. [C. O. 37, 12. ff. 11—30v.]
May 19. Jamaica.	205. Governor Hunter to Mr. Popple. I have apply'd to the D. of Newcastle and beg you'll for me apply to their Losps. for a letter constituting Alexr. Forbes Esq. of ye Council he is Provost Marshal but acts by a Deputy. I am frequently put to't for want of a Quorum many of ye Council live at such a distance. And Pusy has been several years absent and in jayl and indeed as I am told never was fitt for the trust. We cannot spare the Atty. Genl. from the Assembly as yet. Make my excuse to their Losps. for having omitted this in mine to them. I shall send a list of twelve when I am better acquainted at present I cannot do't but by guesse. Signed, Ro. Hunter. En- dorsed, Recd. 20th July, Read 13th Nov., 1728. Holograph. 1 p. [C. O. 137, 17. ff. 82, 83 v.]
May 20. Antego.	206. Lt. General Mathew to the Council of Trade and Plantations. Is sending to Mr. Yeamans, Agent for the island, two acts to be laid before the Board, (i) for laying a duty of powder and money on all vessells trading to or from this island for the defence of the island and the protection of trade etc. (ii) for raising a tax for paying publick debts etc., and particularly apply- ing the said tax. The first in the preamble remedys the objections your Lops. were pleased to make to the former act to this purpose. The second is a levy in the same terms and provisoes as usual. Mr. Meure writes me Mr. Willett has complained of me to your Lops. I did not beleive he would, and when your Lops, permitt me to reply, I hope you will think I ought to have been the complainant. He and I are come to a better under- standing some months ago, till I see my crimes as recited by him, I can say nothing to it. I have been so very ill, and my distemper still so affects my head and nerves, that writing is very irksome to me. I would not miss this conveyance. But pray your Lops, will excuse this being so short and no better writt. Signed, William Mathew. Endorsed, Recd. 9th Sept., 1728, Read 28th March, 1729. 2 pp. [C. O. 152, 17. ff. 7, 8, 8v.]
May 20. Barbados,	207. Governor Worsley to the Duke of Newcastle. About the beginning of Janry, last I heard that some Gentlemen of the Assembly had met privately, tho' they were then prorogu'd, and had drawn up some complaint against me to the Lords of Trade, and that one particular was in relation to the powder in the Magazine. I did not then think fit to trouble your Grace about a report, for which I was convinced in my conscience there was no grounds, nor could I think they would style themselves an Assembly after I had prorogued them, however, I wrote to my Agent Mr. Sharpe a short account of the powder, in order to lay it before your Grace in case they should have made any such complaint, and having since heard from private letters from England that it was there reported, that they had not only complained of the want of gunpowder in the magazine, but also of my negligence in relation to the Militia and the fortificacons, and of my granting injunctions unlawfully in Chancery ; I beg leave, tho' I have not yet seen a copy of the complaint, to repre- sent to your Grace what I have done upon all those heads. Upon the complaints and uneasiness of the inhabitants of Bridgetown on occasion of the ruinous condition of the Magazine there, I gave orders the 10th of July, 1725 (copies enclosed) to the Storekeeper Collo. William Leslie, to deliver, to the several Captains of the forts, Needham, Oistins, and Speights, 100 barrells of powder each, to be kept there entire till my further orders, and finding the magazine daily growing in a worse con- dition, I ordered, the 23rd Sept. following, 200 barrells more to be lodged in the same manner at Needhams Fort, the whole quantity of powder removed weighed neat 501,47 pounds which makes 501 barrls. and 47 lb. the other aforementd. two maga- zines not being capable of containing more than what I had already lodged in them ; The 15th Feb following, the Assembly were so sensible of the ruinous condition of the old Magazine, that they passed a bill for erecting a new one etc., transmitted 27th April, 1726, the preamble of which is as follows ;—Whereas the present magazine etc. is in a very ruinous condition and the pow- der and other stores therein have already been damnified thereby, and the said magazine is very inconveniently situated, and the lives and fortunes of H.M. subjects etc. are in apparent danger from the great quantity's of gun powder usually kept in the said magazine." What quantity of powder the complainants may have represented to be in the magazine, I can't tell, but it is amazing to see them prevaricate in their complaints, if what I am told is true, by saying that there were but so many barrls, of powder in this Island, because there was no more in the magazine, when the whole town and island could not but know, that I had removed it for their own safetys, before the passing of the abovesaid bill, and if I had not done it, the old Magazine, during the late earthquakes, probably would have fallen with that quantity of powder in it, which would have occasioned the utter ruin of the town, for the Magazine was so ruined that in the pulling of it down, it fell, and in October last, the new Magazine was not fit to receive the powder, as your Grace will perceive by the inclosed report etc., so that the under- taker is now obliged to rebuild it after a better manner, which will not be finished till about a month hence whence I could not have returned the powder, and the late Storekeeper Collo. Leslie is obliged to keep in his hands above 100 barrells more of powder upon his own risque till the Magazine is finished. In Sept. 1723 I had the honor of sending lists of the stores, and of the state of the fortifications in this Island, to the Secretary of State, Lords of Trade and board of Ordnance, in the account of the stores which was taken on 8th Feb. 1723 which was imme- diately after my arrival here, there was but 564 barlls. and 83 pounds of powder then in the magazine, and notwithstanding there was 110 barrells of gunpowder spent in the several divisions in this Island, when His present Majesty was pro- claimed, I guess there is now about 700 barrells, but for the satisfaction of the Island, the 20th of Feb. last, I ordered in Council Mr. Lightfoot, who is the Chairman of the Committee of Public Accounts, to make up the late Storekeeper's accounts, as appears by the the Minutes of Council which accompanies this, whence it will appear if any powder has been imbezelled, or not; I must now beg leave to shew your Grace, that according to the constitution of this Island, the Storekeeper is nominated by the Assembly, and when approved by the Governour, before he can execute his office, must give a bond of £2000 sterling for the true and faithfull execution thereof, as appears by an Act of 1697 to ascertain the duties of masters of ships, etc., so that the Governour has nothing more to do with the powder than to issue his orders for delivering it when occasion requires. As to the complaints in relation to the Militia, I must refer myself to an Act for the settlement of Militia, 1697 etc., whereby the Militia are to be exercised once a month in time of war, and once in two months in time of peace and no oftner, and that the several Collos. have by this Act the sole power of fining defaulters, hearing all com- plaints, and of giving redress according to the merit of the cause, tho' at the same time they are not obliged, under any penalty, to do it; even in granting commissions the Governor's power is restrained, for by the same Act no person is held capable of being Field Officer, unless he has a freehold of 100 acres of land, and no person shall be admitted a Captain, unless he has a free- hold of 40 acres at least; according to the settlement of the Militia by this Act, I can't imagine what grounds of complaint they can have against me, I have indeed ordered them to be exercised once a month, in that, whilst there is only a cessation of arms, it can't be properly called a time of peace; so far was I from being thought negligent upon the head of Militia, that, till lately, this was complained of, as if I had acted contrary to law. As to their complaint of my neglect of the fortifications, I have never failed of representing, to every Assembly, the ruinous condition they are in, and of recommending to them, the raising money for the repairing them. As to my granting injunctions in Chancery unlawfully, I am at a loss to know what they mean; upon my arrival, I found that writts of injunction were granted till the merrits of the cause should be heard, even after judgment in the lower Courts, whence, sometimes the cause did not come to be heard in four or five years; I grant such injunc- tions till answer and further order, by this means, in two months time by motion, it may come before the Court of Chancery, and upon hearing the merits of the petition, the injunction may be continued or dissolved; hitherto it has been the practice of the Court of Chancery in this Island not to give costs together with the decree, but was afterwards prayed for by motion, whence motions for costs, (besides the extraordinary expence that attends them) have sometimes lain a considerable time, till they come in course to be heard; I have now joyntly with the Court made a rule, that for the future, costs shall be given with the decree, this will prevent delays, and be of great ease to the people. P.S. Having seen a book of exercise for the horse, dragoon and foot forces lately published, by H.M. command, I have ordered the several Collos. here to practice the same. Signed, Henry Worsley. Endorsed, R. 15th July. 11 pp. Enclosed,
	207. i.—iv. Orders by Governor Worsley to William Leslie, Storekeeper, to deliver 500 barrels of powder to the forts (v. covering letter), 10th July and 23rd Sept., 1725. Copies. 2 pp.
	207. v. Report by Commissioners for viewing the new Maga- zine at St. Ann's Castle. 17th Oct., 1727. The buildings are leaky and unfit to hold powder and arms etc. 10 signatures. Copy. 1 p. [C. O. 28, 44. Nos. 120, 120 i–v.]
May 20. Barbados.	208. Governor Worsley to the Council of Trade and Plant- ations. The 2nd of this month I had the honor of receiving your Lordps. letter of the 24th Nov. Repeats preceding covering letter. Signed, Henry Worsley. Endorsed, Recd. 13th, Read 17th July, 1728. 11 pp. Enclosed,
	208. i, ii. Duplicates of encl. i—v preceding. Endorsed as preceding. [C. O. 28, 19. ff. 194—202, 203v.]
May 20. Boston.	209. Mr. Willard to Mr. Popple. Encloses Minutes of Council and Journal of Assembly, and Acts, for the last half year. Sent the Excise Act for 1726 in Oct. last etc. Signed, Josiah Willard. Endorsed, Recd. Read 4th July, 1728. ¾p. [C.O. 5, 870. ff. 115, 116v.]
[May 21.]	210. Memorandum by Mr. Godin upon the first settling of Carolina. Set out, N.C. Col. Rec. II. 763. Signed, Stephen Godin. Endorsed, Recd. Read 21st May, 1728. 2¼ pp. [C. O. 5, 360. ff 64, 64v.]
[May 21.]	211. Memorandum of the bounds and settlement of Carolina and the Bahama Islands. Signed, Ri. Shelton. Endorsed as preceding. 1½ pp. [C. O. 5, 360. ff. 64, 64v., 65 v.]
May 21. Jamaica.	212. Governor Hunter to Mr. Stanyan. The Fleet not yet being sayl'd, I have time to supply an omission. Peter Miller, found guilty of the murder of John Addington is still in jayl under sentence. The Bench was divided it seems abt. ye evidence of his guilt wch. procured his reprieve at that time. In that case the Govr. can only reprieve till H.M. pleasure be known etc. Awaits orders. Signed, Ro. Hunter. Endorsed, Rd. July 14th. Holograph. 1 p. [C. O. 137, 53. ff. 60, 61v.]
May 22. Whitehall.	213. Duke of Newcastle to the Council of Trade and Planta- tions. Encloses following. Continues:—As you are now preparing draught of Col. Philips' Commission and Instructions, it is H.M. pleasure that you should at the same time consider of the several matters proposed by him, with what shall otherwise occurr to you, as most necessary and proper for the better settlement and Government of Nova Scotia. P.S. I must desire your Lordps. will give what dispatch you conveniently can to this affair. Signed, Holles Newcastle. Endorsed, Recd. Read 23rd May, 1728. 1 p. Enclosed,
	213. i. Petition of Governor Philipps to the King. Petitioner will obey H.M. commands to return to his Government with all dispatch. Prays that, before his patent and instructions are made out, the Board of Trade may be directed to lay before H.M. the memorials that have been given of the state of that Government and their reports thereupon, by which H.M. will be informed of of the miserable condition of that Province and be able to judge of measures necessary to be taken for a speedy relief. This is what (with His late Majesty's leave) petitioner came over to sollicit, and unless obtain'd there is great reason to apprehend that his return there will serve to no better end then totally to discourage the settlement (so much wanted) of that Province, and give despair to those unhappy people both military and civill who have supported themselves hitherto under the greatest hardships on the hopes of the good success of his representations. Endorsed, Rd. 8th May, 1728. 1 p.
	213. ii. State and Condition of Nova Scotia. (i) The fort of Annapolis Royal is utterly gone to decay etc. and the artillery almost totally dismounted (described), so that the state of that garrison, without cover or defence, is no longer supportable etc. (ii) Canso is yet in worse circumstances, if possible. Seven years have elapsed since the present Governor erected at his own expense lodgment and a magazine intended to last but for one year, and no better provision made for the garrison, in which time they have undergone unspeakable hard- ships. It is not to be expected that human nature is able to exist there another winter in the same condition. By means of the protection of the Garrison Canso is become the most considerable of the fishery trade of any in America, insomuch that one year's proffits at this time ariseing to Great Brittain by the returns for fish shipped off there to foreign markets, will more than pay the expence needfull for its security, without which it is in danger of being deserted, (iii) Annapolis Royal being 130 leagues from Canso, and Canso 80 from Placentia, and no possibility of communication by land, the Governor needs a vessel to be appointed constantly to attend that service, otherwise, there being no correspondence between them by traffick or otherwise, "the moment he removes from hence, where is the present center of correspondence with the whole, he looses all knowledge of the affairs of that Government." (iv) Another circumstance necessary to be had under consideration is that of the French inhabitants, who beside the Indian natives are almost the only inhabitants of that Province, excepting about half a dozen poor English familys; These are the same people that settled there under the French Government, but greatly multiply'd since the sur- render of that country 16 years ago; since which time they have presum'd upon their own numbers and strength, and the weakness of the English Govern- ment, back'd with the friendship of the Indians, to continue their footing there, refusing to comply with the Articles of Capitulation etc. and at this time declareing themselves subjects of France, waiting for opportunity of a rupture betwixt the two Crowns, and in the meantime are dayly practiseing in secret with the Indians, exciting them to robberys and murder, makeing a mock of the English Government etc. As the only remedy, it is proposed as absolutely necessary toward haveing the entire command of the Province, to take post with a number sufficient for a garrison on the Isthmus which divides the Province in the center, and is the scituation of the greatest part of those inhabitants, and rendevouz of the Indians in concerting of mischief, by which means those insolent people may be entirely subjected to obedience, and by thus cutting off the communication between the West and Eastern Indians will infallibly prevent all future warr, disturbance and murders by those barbarians, which has hitherto discouraged the settleing of the Province, etc. The Isthmus, being about 8 or 9 miles wide, and a very fertile soil, on which those inhabitants raise great store of excellent corn and cattle, with which they traffick with the French at Cape Breton and are the support of that Colony, takeing in return the European manufactures of France, by the influence of this post that trade will be forced into its proper channel with the subjects of Great Brit- tain, who will vend there yearly considerable quantitys of our manufactures etc. The charge, besides a small reinforcement of men, will not exceed £1000 sterl., which those inhabitants, when subjected, are rich enough to make good, (v) The Governor being by his last Instruc- tions laid under a prohibition of making any grants of lands in that Province before such time as a general survey shall be made for the marking out a certain number of acres of woodland fitt for the use of the Royall Navy, which occasion'd the loss of 200 familys that at one time offer'd themselves to go over in a body to settle but cou'd not be accepted, and whereas the intended general survey is not yet begun, and may in all probability be a work of two or three years before finished etc., proposes that he be permitted in the mean time to grant such lands as bear no such timber etc. (6) Whereas no ways or means are to be found for raising the least supply within the Province toward the support of the Government upon any emergency tho' it were but a shilling and its safety depended on it, it is hoped that a provision by way of contingent mony may be appropriated in like manner as to other Governments etc.
	Number and disposition of forces necessary: At Canso, being the frontier of the Province, 200; at the post on the isthmus, 200; at Annapolis the garrison of 150 may be reduced from 150 to 100 by opening a communication between it and the post on the isthmus.
	The Regiment there at the present establishment is 350. The state of the Civil Government is matter of further consideration. 3 pp. [C.O. 217, 5. ff. 11, 12, 13, 13v., 14, 14v., 16v.]
May 23. Whitehall.	214. Council of Trade and Plantations to the King. The allegations in Mr. Elliot's petition, (v. July 5th) according to our information are true, and he has been of service in protecting the Fishery at Canço. And as we are informed that many pernicious practices are carried on in the towns of Newberry, Capan and Squam by reason of their distant situation from Piscataqua where the Collector usually resides, to the great detriment of your Majesty's Revenue; we have no objection why your Majesty may not be graciously pleas'd to gratify the petitioner according to his request. [C.O. 218, 2. pp. 74, 75.]
May 24. Whitehall.	215. Duke of Newcastle to Governor Worsley. Has laid the petition of Assembly (4th Jan.) against him before the King etc. Concludes:—The King has so good an opinion of your conduct, that he is willing to hope this complaint has not any just foundation; however H.M. has commanded me to transmit to you the inclosed copy thereof for your information, and that you may have an opportunity of returning a proper answer thereto. Signed, Holles Newcastle. Annexed,
	215. i. Copy of Petition of Assembly of Barbados, 4th Jan. [C. O. 324, 36. pp. 64—72.]
May 28. Londo.	216. Col. Johnson, Mr. Yonge and Mr. Wragg to the Council of Trade and Plantations. Recapitulation of history of settle- ment of Carolina and attempts by the Spaniards to settle there or disturb H.M. subjects. Signed, Robt. Johnson, Fra. Yonge, Sam. Wragg. Endorsed, Recd. Read 28th May, 1728. 2¾ pp. [C. O. 5, 360. ff 66—67v.]
May 28. Bartlett's Buildings.	217. Mr. Newman to Mr. Popple. Being engaged every Tuesday in the year, prays to be excused from attending the Board on that day. Signed, Henry Newman. Endorsed, Recd. Read 28th May, 1728. 1½ pp. [C. O. 5, 870. ff. 111, 111v., 112v.]
[May 29.]	218. Copy of Commission and Instructions for the Council of Trade, who met at Mercer's Hall, London, 1660. 12 pp. [C. O. 388, 79. Nos. 22, 23.]
[May 29.]	219. Copy of the bill in the Signet Office, under the sign manual of Charles II, which passed the Great Seal, 20th Sept., 1672, appointing a standing Council for Trade and Plantations. Endorsed, Taken out of ye Signet Office, ye 29th May, 1728. 10½ pp. [C.O. 388, 79. No. 24.]
May 29.	220. Col. Johnson to Mr. Popple. Gives address of Capt. John Bodler who can give all information relating to Fort King George, Car. etc. Signed, Robt. Johnson. Endorsed, Recd., Read 29th May, 1728. Addressed. 1 p. [C. O. 5, 360. ff. 68, 69v.]
May 30. New York.	221. Governor Montgomerie to the Duke of Newcastle. Acknowledges receipt of H.M. Additional Instructions relating to Mr. King, Receiver General of the rights and perquisites of the Admiralty etc. Recommends Mr. De Lancey for the Council v. No. 224. Signed, J. Montgomerie. Endorsed, R. July 18. Holograph. 2 pp. [C. O. 5, 1092. No.67.]
May 30. New York.	222. Same to [? Mr. Delafaye]. Acknowledges his obligations to him, thanks him for his civilities, and begs the continuance of his favour etc. Begs him to put the Duke in mind of his recom- mendation of Mr. De Lancy etc. Signed and endorsed as preceding. Holograph. 1¾ pp. [C. O. 5, 1092. No. 68.]
May 30. New York.	223. Same to Mr. Popple. As preceding. Set out, N.Y. Col. Docs. V. p. 857. Signed, J. Montgomerie. Endorsed, Recd. 18th July, Read 13th Nov., 1728. Holograph. 2 pp. [C. O. 5, 1054. ff. 294, 294v., 295v.]
May 30. New York.	224. Same to Council of Trade and Plantations. Has not yet been able to get the Acts of New Jersey engrossed. Recommends Mr. James De Lancey for the Council in room of Mr. Barberie deed. His father, an eminent merchant, is a Member of the Assembly, and one of the richest men in the Province etc. Intends to meet the Assembly on 22d July. Set out, N.Y. Col. Docs. V. pp. 856, 857. Signed and endorsed as preceding. Holograph. 3 pp. [C. O. 5, 1054. ff 292—293v.]
May 30. Whitehall.	225. Mr. Popple to Capt. John Bodler. Asks for information as to the Fort King George in S. Carolina, "particularly upon what river it is erected." [C. O. 5, 400. f. 239.]
May 30. London.	226. Mr. Lowther to Mr. Popple. Sends a Map of Hudson's and Delaware Rivers and the adjacent country made by William Bond, to be presented to the Board. Signed, Rob. Lowther. Endorsed, Recd. 30th May, Read 5th June, 1728. Holograph. 1 p. [C. O. 5, 1054. ff. 275, 276v.]
May 31. Whitehall.	227. Council of Trade and Plantations to the Duke of New- castle. Enclose following to be laid before the King. Annexed,
	227. i. Council of Trade and Plantations to the King Representation upon Governor Philipps' petition and state of Nova Scotia (v. May 22nd). We have always been of opinion, it was highly necessary to your Majesty's service, and for the interest of Great Britain, that proper measures should be taken for the peopling and settling Nova Scotia which has been the subject of many reports from this Board etc. Enclose copy of representation of 7th June, wherein they have already given their opinion "concerning the several particulars contain'd in Col. Philipps' State of Nova Scotia, excepting only what relates to contingent mony, and the encrease of the number of men upon the establishment of his Regiment, to which we have no objection, especially till such time as the Province shall be in a condition to raise mony for their own defence, and for the services of the Civil Government there. And as we are now preparing the draught of a Commission and Instructions for Col. Philipps, we humbly crave leave to know your Majesty's pleasure concerning the several particulars in the annex'd Representation, that in case the same should be necessary, further Instructions [may be inserted] for Col. Philipps, etc. [C.O. 218, 2. pp. 77—79.]
May 31. Whitehall.	228. Duke of Newcastle to the Council of Trade and plantations. H.M. having been pleased to continue George Phenney Esq. in the employment of Governor of the Bahama Islands in America; you are to prepare draughts of a Commission and Instructions for him etc. Signed, Holles Newcastle. Endorsed, Recd. 3rd, Read 4th June, 1728. 1 p. [C.O. 23, 2. ff. 129, 130v.]