America and West Indies: April 1732 | British History Online

Calendar of State Papers Colonial, America and West Indies: Volume 39, 1732. Originally published by His Majesty's Stationery Office, London, 1939.

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'America and West Indies: April 1732', in Calendar of State Papers Colonial, America and West Indies: Volume 39, 1732, ed. Cecil Headlam, Arthur Percival Newton( London, 1939), British History Online https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol39/pp99-114 [accessed 29 November 2024].

April 1732



April 3. Whitehall.	150. Duke of Newcastle to the Council of Trade and Plantations. My Lords, the King having been pleased to appoint Robert McCarty, Esq., commonly called Lord Muskery, Commander of H.M. ship the Romney, to be Governor of Newfoundland ; I am to desire you will accordingly prepare draughts of a commission and Instructions for him, in order to their being laid before the king for H.M. approbation etc. Signed, Holles Newcastle. Endorsed, Recd. 3rd, Read 5th April, 1733. ²/3 p. [C.O. 194, 9. ff. 169, 172 v.]
April 4. Westminster.	151. Sir Richard Lane and Thomas Winnington (fn. n1) to Sir Robert Walpole. Request him to recommend to the Duke of Newcastle, for the post of Clerk of the Markets in Jamaica, now vacant by the death of Mr. Peirce and worth about £50 Jamaica money, John Floyer junr., who is now going thither to reside at Kingston, and whose father " is a popular man with us at Worcester." Signed, Richd. Lane, T. Winnington. Addressed, ¾ p. [C.O. 137, 47. ff. 131, 131 v.]
April 4. St. James's.	152. H.M. Warrant appointing Benjamin Gamblin to fill one of the four vacancies in the Council of New Hampshire. Countersigned, Holles Newcastle. Copy. [C.O. 324, 36. pp. 315, 316.]
April 4. St. James's.	153. H.M. Warrant appointing Richard Waldron to fill one of four vacancies in the Council of New Hampshire. Countersigned, Holles Newcastle. Copy. [C.O. 324, 36. p. 317.]
April 5. Whitehall.	154. Mr. Popple to Mr. Fane. My Lords Commrs. etc. having received a printed collection of the Acts of Connecticut etc., which have been published there from the year 1715 to 1731, their Lordships etc. desire your opinion whether etc. any of them are repugnant to the laws of this Kingdom. [C.O. 5, 1294. p. 46.]
April 5. Whitehall.	155. Same to Same. Encloses, for his opinion thereupon in point of law, six Acts of the Massachusetts Bay, 1731; (i) Granting £5,400 for the support of Government etc. ; (ii) supplying the Treasury with £540 ; (iii) allowing necessary supplies to the Eastern and Western Indians and for regulating trade with them ; (iv) in addition to an act directing the admission of town inhabitant; (v) to subject the improved lands belonging to non-resident proprietors to be sold for payment of taxes etc.; (vi) making more effectual provision for the calling of precinct or parish meetings. [C.O. 5. 917. pp. 33, 34.]
April 5. Whitehall.	156. Council of Trade and Plantations to the Committee of Privy Council. In pursuance of order of 3rd Feb., have heard Mr. Belcher jr., and discoursed with several persons, and received further information from them concerning the character and abilities of Mr. Atkinson. Conclude :—In our humble opinion, the refusal made by Mr. Atkinson, to deliver up the seal of the Custom House to the Governor, etc., being only an error in judgment, is not a sufficient reason against constituting him a member of H.M. Council there, whom from all the information that has been given us, we find to be a gentleman of good substance, of an unexceptionable character, and every way qualified to serve H.M. in that station. [C.O. 5, 917. pp. 34, 35.]
April 5. Whitehall.	157. Council of Trade and Plantations to the King. Offer for confirmation act of Antigua, 1731, to enable Robert Oliver etc. [C.O. 153, 15. p. 129.]
April 5. Whitehall.	158. Same to Same. Offer for confirmation act of Antigua, 1731, to enable Henry Lyons etc. [C.O. 153, 15. p. 130.]
April 5. Whitehall.	159. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before the King. Annexed,
	159. i. Same to the King. Enclose following, which is in the usual form of Commissions for Governors of other Plantations. Annexed,
	159. ii. Draft of H.M. Commission to Gabriel Johnston, Governor of N. Carolina. [C.O. 5, 323. ff. 60 v–61 v.]
April 6. Whitehall.	160. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before H.M. Autograph signatures. 1 p. Enclosed,
	160. i. Same to the King. In obedience to your Majesty's commands etc. 23rd March, we have considered the papers etc. relating to the encroachment that the French are said to be making on the Colony of New York, and the danger which may result from thence to the trade and security of that Province etc. The Crown of France, having been always desirous to extend her Dominions in New France, has omitted no opportunity of encroaching upon her neighbours there ; and it has been frequent for the French to erect small huts or trading houses, under pretence of carrying on their commerce with the Indians, which in a little time they have converted into forts, and have afterwards set up an unjust claim to the property of the soil and the dominion of the circumjacent countries. It has been by these artful and illicit means, added to their natural industry and the zeal of their missionaries, that they have been able to draw over several Indian nations, and to establish a communication between their territories on the Continent of America, which lie on the back of the English settlements, from the entrance of the River St. Lawrence to the mouth of the Missisippi which opens into the Bay of Mexico. But with respect to the fort which they are now said to have built at a place called the Crown Point, within three days march of the City of Albany, we beg leave humbly to offer our opinion to your Majesty that this is a manifest breach of the treaties subsisting between the two Crowns since this fort is erected in the country of the Iroquois, commonly called by the name of the Five Nations or Cantons of Indians, who have had a very ancient dependance on the Province of New York, and who by the 15th Article of the Treaty of Utrecht are acknowledged without any reserve to be subject to the dominion of Great Britain. And therefore altho' the French subjects should by any artifice have obtained permission from the five Nations to make the settlement in question, that permission without your Majesty's special allowance and confirmation must be invalid. Wherefore we would humbly propose that your Majesty's Ambassador at the French Court may be instructed to insist in the most effectual manner, that the fort lately erected by the French at Crown Point, within the limits of your Majesty's Province of New York, may be immediately demolished. Autograph signatures. Endorsed, Copy sent to E. Waldegrave. May 4th, 1732. 3²/3 pp. [C.O. 5, 1086. ff. 49, 51–52 v., 53 v. ; and 5, 1125. pp. 208–210.]
April 6. Charles Town in South Carolina.	161. Mr. St. John to the Council of Trade and Plantations. In accordance with his Instructions to acquaint the Board with all affairs materially concerning H.M. interests, rights or revenue, encloses an account of the proceedings of the Governor, Council and Assembly relating to the granting H.M. lands and quit-rents. Continues : As there have som things happened in the course of these proceedings, of a very peculiar, and extraordinary nature, I thought it incumbent on me to lay the whole before your Lordships, in a formal and just light etc. (v. 6th Sept.). Signed, Ja. St. John. Endorsed, Recd. 5th July, Read 6th Dec, 1732. 1½ pp. C.O. 362 ff. 126 126 v 127 v.]
April 6. Whitehall.	162. Council of Trade and Plantations to the Duke of Newcastle. Enclose following, relating to the disorders in Newfoundland, to be laid before the King. Annexed,
	162. i. Same to the King. In obedience to H.M. commands, 23rd Nov. and 4th Feb. last, we have considered Capt. Clinton's letter etc. We have likewise received memorials from the people of Bristol, Dartmouth and Pool, concerned in the Newfoundland Fishery, complaining of the interruption given to the said fishery by the Justices of the Peace there, and having discours'd with the Right Honble. the Lord Vere Beauclerk and Captain Clinton, Governor of Newfoundland thereupon, we beg leave to represent to your Majesty, That it does not appear to us that the Justices of Peace in Newfoundland have interfered with the Fishing Admirals in matters properly relating to the jurisdiction vested in the said Admirals by Act of Parliament, tho' by the memorials, copies, whereof are hereunto annexed, it is more than probable that they may have been guilty of other irregularities ; but it appears to us, that the Fishing Admirals have been deficient in their duty neglecting to hold Courts for the regulation of the fishery, except in such cases where their own interest is chiefly concerned. However in order to prevent any foundation for future complaints, we humbly beg leave to propose. That Captain Clinton upon his return to Newfoundland, may be instructed to enquire into the truth of the memorials hereunto annexed, and to supersede such Justices of the Peace, as shall appear to have acted unwarrantably in the execution of their office ; that he be likewise directly strictly to prohibit those who are or shall be appointed Justices to interfere in any degree with the fishing Admirals in such matters as are reserved for their jurisdiction by the abovementioned Act. But as many other things may be wanting both for the better regulation of the fishery and for the establishment of peace in this Island, we further beg leave humbly to propose to your Majesty, that Captain Clinton may be directed to be very particular in his observations upon these subjects, that from his returns to us thereupon we may be the better enabled to propose to Your Majesty such matters, as may be necessary for Your Majesty's service herein and for the benefit of the said fishery. [C.O. 195, 7. ff. 262–266.]
April 6. Whitehall.	163. Council of Trade and Plantations to the Duke of Newcastle. Enclose following, " relating to the disorders committed in Newfoundland and the difficulty of settling peace and government there," to be laid before H.M. Autograph signatures. 1 p. Enclosed,
	163. i. Same to the King. Reply to 23rd Nov. and 4th Feb. We have considered Governor Clinton's letter etc., and received memorials from Bristol, Dartmouth and Pool, complaining of the interruption given to the Fishery by the Justices of the Peace at Newfoundland etc. Having discoursed with the Lord Vere Beauclerk and Captn. Clinton, represent:—That it does not appear to us that the Justices of the Peace have interfered with the Fishing Admirals in matters properly relating to the jurisdiction vested in the said Admirals by Act of Parliament, tho' by the memorials, copies whereof are hereunto annexed, it is more than probable that they may have been guilty of other irregularities ; But it appears to us, that the Fishing Admirals have been deficient in their duty, neglecting to hold Courts for the regulation of the Fishery, except in such cases where their own interest is chiefly concern'd. However, in order to prevent any foundation for future complaints, we humbly beg leave to propose ; That Capt. Clinton, upon his return to Newfoundland, may be instructed to enquire into the truth of the memorials hereunto annexed, and to supersed such Justices of the Peace, as shall appear to have acted unwarrantably in the execution of their office ; that he be likewise directed strictly to prohibit those who are or shall be appointed Justices, to interfere in any degree with the Fishing Admirals in such matters as are reserved for their jurisdiction by the above mentioned Act. But as many other things may be wanting, both for the better regulation of the fishery and for the establishment of peace in this island ; we further beg leave humbly to propose, that Capt. Clinton may be directed to be very particular in his observations upon these subjects ; that from his returns to us thereupon, we may be the better enabled to propose to your Majesty such matters as may be necessary for your Majesty's service herein, and for the benefit of the said Fishery. Autograph signatures. 3 pp. Enclosed,
	163. ii–iv. Copies of petition of Bristol, Dartmouth and Poole merchants.
	163. v. Copy of deposition of Peter Shank.
	163. vi. Copy of deposition of John Moors. [C.O. 194, 23. Nos. 42, 42 i.–vi. ; and (duplicates) 42, vii.–xiii. ; and (without enclosures ii.-vi.), 195, 7. pp. 262–266.]
April 6. Whitehall.	164. Duke of Newcastle to the Council of Trade and Plantations. Encloses following. It is H.M. pleasure that you do lay before them the papers desired etc. Signed, Holles Newcastle. Endorsed, Recd. Read 6th April, 1732. ¾ p. Enclosed,
	164. i. Address of the House of Lords to the King, 5th April, 1732, for directions that there may be laid before the House a copy of an Act of Barbadoes laying a duty on foreign sugars imported etc., with H.M. Orders in Council confirming the same, and also of the 96th Instruction given to the late Governor of Barbados and of the like Instruction to each Governor of H.M. Plantations. Signed, Wm. Cowper, Cler. Parliamentor. 1 p.
	164. ii. Copy of preceding. 1 p. [C.O. 28, 23. ff. 9, 10, 11, 14 v.]
April 6. Whitehall	165. List of papers laid before the House of Lords pursuant to preceding. [C.O. 29, 15. p. 203.]
April 13. Admiralty Office.	166. Mr. Burchett to Mr. Popple. H.M.S. Salisbury commanded by Capt. Clinton, and another ship of the sixth rate being designed this year for Newfoundland, and the Sheerness, Capt. Fytche, for Causeaux, etc. requests that Heads of Enquiry for them may be prepared etc. Signed, J. Burchett. Endorsed, Recd. 14th April, 1732. Addressed. 1 p. [C.O. 194, 9. ff. 154, 159 v.]
April 13. St. James's.	167. Order of King in Council. Repeating Act of New Jersey imposing a duly on persons convicted of heinous crimes etc. Signed, Temple Stanyan. Endorsed, Recd. 15th Aug., Read 7th Sept., 1732. 1½ pp. [C.O. 5,972. ff. 240, 240 v., 243 v.]
April 13. St. James's.	168. Order of King in Council. Repealing Act of Bermuda to supply the deficiency of several funds etc. Signed and endorsed as preceding. 1½ pp. [C.O. 37, 12. ff. 101, 101 v., 104 v.]
April 13. Whitehall.	169. Mr. Popple to Mr. Attorney and Mr. Solicitor General. My Lords Commrs. etc. command me to send you the inclosed address and petitions to H.M. from the Govr. and several of the inhabitants of Rhode Island complaining of an act pass'd there against the Governor's consent for emitting £60,000 in paper bills : I am likewise to send you a copy of the Charter of this Colony, and to desire you will please immediately to consider the same, and to let my Lords have your answers to the Queries stated by the Govr. in his aforesaid address, and your opinion whether the King has any power to repeal or make void the law in question of which I send you a copy etc. Requests return of original papers enclosed. [C.O. 5, 1294. pp. 46, 47.]
April 14. Jamaica.	170. Governor Hunter to Mr. Popple. This morning your cusing [cousin] and my valuable friend our Attorney Genl. dy'd universally lamented etc. Has told the D. of Newcastle that he has apptd. Mr. Howe to officiate till H.M. pleasure be known. Continues : I had last night an expresse from Port Antonio which had nothing material. Our partys are in possession of the principal posts or setlements of ye rebels. I have sent thither by several vessels all necessary stores, provisions, ammunition, utencils and cloathing requisite or what has been demanded. The floods in the rivers on that side, have occasion'd delays and difficultys in the conveyance of these to ye mountains from the Brestwork, a post I had taken some time ago for communication and lodging of stores something more then one third of the route thither, but these are in some measure overcome, and I hope will soon be intirely so. Our Assembly which was adjourn'd at their own request after I had spoke to them as in ye inclos'd copie meets again on ye 17th inst. I know not what to promise from their session. That Instruction relating to dutys on negro's which came to hand in a blank cover, after I had pass'd an act for that duty in ye same maner and proportion as for many years before, struck them all of a heap, neither can they tell what way to turn themselves for fonds for the present exigences at a most critical time should that act be disallow'd. This ship, Capt. Paxton, goes on so short warning, that 1 can add nothing but my most humble duty to the Lds. Commrs. and beg you'll communicate to them what I write in hast and some confusion. P.S. As your cusing's death will make a vacancy in our Council, I beg you'll put their Losps. in mind of my former recommendation of William Gordon, Esqr., a person ev'ry way well qualify'd. He is left by Mr. Henderson a trustee for his estate and child, and has a very considerable estate and intrest in this countrey. Signed, Ro. Hunter. Endorsed, Recd. 16th June, Read 12th Sept., 1732. Holograph. 2 pp. Enclosed,
	170. i. Governor Hunter's Speech to the Assembly. 5th April, 1732. Abstract. The success against the rebellious slaves is the occasion of their meeting ; if supported and pursued, it may be improved to the future security and better peopling of the island. All orders, journals and letters necessary for their full information will be laid before them. Complaint is made in some of these letters of the behaviour of some of the men. He will give orders that the guilty be brought to trial and punished for examples, and does not doubt that they will cheerfully agree to reward such as have done their duty like men. "What gives me at present some solicitude is the desertion and backwardness of the baggage slaves, an account of which you'll find in Major Ashworth's last letters to me, there must be some immediate remedy for that evil " etc. Has ordered from time to time supplies to be sent to Port Antonio and thence to the Brestwork etc., and has sent a reinforcement from the Independent Companies for a guard to the Brestwork and Port Antonio, so that all that are there in the country's pay may join the rest under the command of Allen and Morrison etc. Thinks this a most proper time for putting into effect their former resolves relating to the erection of defensible barracks in the North East unsettled part etc. Urges settlement of public accounts, most of their funds having fallen short of the sums proposed to be raised. Thinks the Deficiency Act will fall considerably short of the expence for which it was intended and hopes they will provide in time by some other act. Once more proposes an act for ascertaining and collecting H.M. quit rents, " which by His gracious condescension and grant are now your own. I am fully perswaded that such an act would raise a considerably greater sum than it has hitherto done, and in some measure obviate the necessity of new taxes " etc. Same endorsement. Copy. 3 pp. [C.O. 137, 20. ff. 6–68 v., 69 v.]
April 14. Jamaica.	171. Governor Hunter to the Duke of Newcastle. Our General Assembly being met on the 5th of this month, I spoke to them as in the inclos'd copie. The season of the year, being that which most requires their presence at their plantations, induced them to desire that they might have leave to adjourn till the 17th inst. which was by the Council's advice agree'd to. Repeats parts of preceding covering letter. Continues : Col. Lilly, our Ingenier, has declined the command I had given him of all such forces as should be from time to time sent to Port Antonio etc., and sent me back my commission for that purpose, which lays me under a necessity of sending such a commission to Major Ashworth, the Commissary and one of the chief Magestrates there, who, tho' but a Militia officer, will do the business as well and supply by diligence and zeal for the King's service what he wants in military experience. Our partys are in possession of the three chief rebel settlements, but I have as yet no account of what progress they make in pursuit of the rebels according to their orders, but expect it dayly by an other messenger, which shall be communicated to your Grace by the first ship etc., as well as what mien our Legislature makes toward measures for their own security etc. I must not dissemble that the Instruction etc. (which I receiv'd only in the odd manner I mention'd etc.) relating to the dutys on negroes has struck a damp into most of the members' minds, and I am affraid will be a clogg to all wholesome and requisite resolutions and measures. Signed, Ro. Hunter. Endorsed, R. 17th June. 2 ²/3 pp. Enclosed,
	171. i. Governor Hunter's Speech to the Council and Assembly. 5th April. Duplicate of preceding encl. i. 2¾ pp. [C.O. 137, 54. ff. 68–71 v.]
April 14. Jamaica.	172. Governor Hunter to the Duke of Newcastle. Has appointed Thomas Howe to officiate as Attorney General till H.M. pleasure be signified etc. (v. April 14, No. 170). Concludes : If this nomination is not approv'd, I beg that an Englishman of integrity and resolution with a competent acquaintance with the laws (as this Gentleman is) be recommended to that office, upon the due execution of which the ease of the administration and H.M. service is a great measure depend etc. Signed, Ro. Hunter. Endorsed, R. 17th June. 1 p. [C.O. 137, 54. ff. 72, 73 v.]
April 16.	173. Col. Valentine Morris to Mr. Popple. Refers to appointment of Messrs. Morris and Duer to the Council of Antigua (v. 3rd Feb., No. 61). There being no Governor yet appointed and there being only six Councillors at Antigua, five of whom form a quorum, suggests that they should be enabled to sit in Council immediately on their arrival etc. Signed, Vail. Morris. Endorsed, Recd., Read 18th April, 1732. 1 p. [C.O. 152, 19. ff. 123, 124 v.]
April 16. Barbados.	174. Samuel Barwick, President of the Council of Barbados, to the Council of Trade and Plantations. Encloses Minutes of Council, 22nd Dec, 1730—31st Aug., 1731 and 14th Sept., 1731— 15th Feb., 1732 ; duplicates of lists of causes in the Courts of Common Pleas, Jan. 8th, 1729—Sept., 1730, and Jan. 8, 1730— Sept. 1731 ; Treasurer's accounts, 27th Nov., 1730—27th May, 1731 ; copy of Excise Act and of Act for the punishment of runaway slaves etc. ; Minutes of Assembly 27th April, 1731—4th April, 1732. Continues : I have taken care ever since Collo. Worsley's departure to keep things much in the same state and condition he left them in, but am sorry to observe that the same spirit which first appear'd about three years ago in the Assembly still continues or rather indeed increases notwithstanding the Gentlemen of the Council and myself have endeavoured on all occasions to promote a good understanding. I am determined however to adhere strictly to the Royal Instructions and shall be always ready to obey your Lordships' commands, so that I hope at least to be able to preserve H.M. Prerogative from being injured etc. and shall ever shew a disposition to promote the interest of his subjects etc. Signed, Samll. Barwick. Endorsed, Recd. 5th June, 1732, Read 23rd Feb., 1731/2. 2 pp. Enclosed,
	174. i. Treasurer's Accounts for two quarters referred to above. By balance, 27th Nov., 1730, £4486 1s. 0½d. Receipts from duties on liquors and negroes imported (details given), £2582 11s. 4½d. and £2362 5s. 10½d Expenditure, £531 10s. 0½d. and £1626 4s. 6d. Balance, £7330 7s. 4½d. Signed and sworn to by Byrch. Hothersall, Treasurer. Endorsed as preceding. 10 large pp. [C.O. 28, 23. ff. 40, 40 v., 42 v. 4–48 v.]
April 16. Barbados.	175. Mr. Barwick to the Duke of Newcastle. Duplicate of preceding covering letter, mutatis mutandis. 2 pp. [C.O. 28, 40. No. 14.]
April 18. Whitehall.	176. Council of Trade and Plantations to the Committee of the Privy Council. In pursuance of Order of 3rd Feb. [No. 55] enclose following :—
	176. i. Draught of an Additional Instruction to Governors of H.M. Plantations in America. Whereas complaint hath been made to us, by the merchts. of our City of London in behalf of themselves and of several others of our good subjects of Great Britain trading to our Plantations in America, that greater duties and impositions are laid on their ships and goods, than on the ships and goods of persons who are natives and inhabitants of the said Plantations. It is therefore Our will and pleasure, that you do not upon any pretence whatsoever on pain of Out highest displeasure give your assent for the future, to any law, wherein the natives or inhabitants of the —under your Government are put on a more advantageous footing than those of this Kingdom. It is further Our will and pleasure that you do pay due obedience to the Instructions already given you, whereby you are expressly forbid to pass any law, by which the Trade or Navigation of this Kingdom may be anyways affected, hereby declaring it to be Our royal intention that no duties shall be laid in the—under your government upon British shipping or upon the product or manufactures of Great Britain, upon any pretence whatsoever. Mem : in margin. Maryland, Pennsylvania, Connecticut and Rhode Island instead of the words underlined1 had ye following words : That you do not and are hereby expressly forbid to pass any law by which the trade or navigation of this Kingdom may be etc. [C.O. 324, 11. pp. 303–306.]
April 18. Whitehall.	177. Mr. Popple to Mr. Fane. Encloses Act of Barbados, 1723, for supporting the honour and dignity of the Government, and the petition of Mr. Worsley for recovery or arrears due upon it. Concludes : I am to desire your opinion whether any and what methods by law can be taken for recovering the same. [C.O. 29, 15. p. 264.]
April 19. London.	178. Henry and John Palmer to John Danvers. Recommend Col. Spencer Phipps (son of Sir. Wm. Phipps) in place of Lt. Gov. Tailer deed., as a person of great esteem and substance and 20 years Col. of a regiment in N. England. He would be much more acceptable to the people than Mr. Mascarene, a foreigner, who has the command of a company at Annapolis, many miles from Boston etc. Signed, Hen. Palmer, John Palmer. Addressed. 1 p. [C.O. 5, 898. ff. 442, 443 v.]
April 20. Whitehall.	179. Council of Trade and Plantations to the Committee of the Privy Council. Refer to Order of 3rd Feb., and propose that John Morris and John Duer should be immediately appointed to the Council of Antigua, it being "often difficult to assemble a quorum, from the frequent vacancies which happen therein, and from the absence of some of the Councillors" etc. [C.O. 153, 15. p. 131.]
April 22. Whitehall.	180. Mr. Popple to Mr. Burchett. Enclosed Heads of Enquiry for Capt. Fitche with respect to the trade and fishery at Canco, as desired 13th inst. [No. 166]. Mem. The Heads of Enquiry were the same, mutatis mutandis, as those given to Capt. Waterhouse, March 30, 1731. [C.O. 21S, 2. f 254.]
April 24. Admty. Office	181. Mr. Burchett to Mr. Popple. Desires Heads of Enquiry for Capt. Falkingham, now appointed to command the Salisbury etc (v. 13th April, No. 166). Signed, J. Burchett. Endorsed, Recd., Read 25th April, 1732. Addressed. 1 p. [C.O. 194, 9. ff. 155, 158 v.]
April 24. Whitehall	182. Mr. Popple to Sir Charles Wager. Encloses copy of report of 9th March [No. 128], quotes order of Committee for Plantation Affairs, 23rd March [No. 137], and enquires when he can lay before the Board from the Lessees of the Bahamas the evidence and account of quit-rents required. [C.O. 24, 1. pp. 213,214.] 1 Printed in italics above.
April 26. Whitehall.	183. Council of Trade and Plantations to the King. It being represented to us that Thomas Westbrook, Esq., a Member of your Majesty's Council in New Hampshire, do's not reside in that province ; and it being sometimes difficult to get a quorum of the Council there. We humbly take leave to recommend to your Majesty, Ephraim Dennit, Esq., as a person every way qualifyerd etc. in his room etc. [C.O. 5, 917. p. 67.]
April 26. Whitehall.	184. Mr. Popple to the Commissioners for collecting the 6d. a month out of seamen's wages. Requests printed copies of the instructions they give to their Deputy Receivers, in order to be annexed to Gov. Cosby's Instructions, and Instructions to future Governors of Plantations according to H.M. orders. [C.O. 324, 11. p. 307.]
April 26. Boston.	185. Governor Belcher to the Duke of Newcastle. Acknowledges receipt by the last ships of Instruction of 10th Dec, and Orders in Council of 23rd Dec. and 27th Jan., wh. shall be communicated to the Assembly. Begs for a letter from the Duke in answer to his several letters; for a commission for Major Mascarene as Lt. Governor, and directions respecting the lands at Pemaquid (v. 23rd Feb., No. 101). Hopes the Address signed by 100 persons in his favour last year will balance the trifling, foolish complaint made against him by fifteen persons in New Hampshire. Has received from his brother Mr. Partridge and his son at the Temple a copy of the representation of the Lords of Trade 4th Nov. last upon some letters of complaint from Lt. Gov. Dunbar. Thinks it common justice that whatever is exhibited against him should be in the form of a complaint, and not by letters which are not produced, and that he should be served with a copy to make answer thereto, and not condemned without an opportunity of defending himself. " This, my Lord Duke, is hard and cruel upon an Englishman, and a King's Governour especially, since upon my son's application to the Lords of Trade for copy of Col. Dunbars complaint, he was told they shou'd make no use of the complaints to his father's prejudice, and refus'd him copies. I must with deference to their Lordships, say to your Grace, that I am not in this matter treated according to the rules of Justice and Honour. Their Lordships have also recommended to H.M. Mr. Wentworth, Atkinson and Peirce to be of the King's Council in that province, from Col. Dunbar's letters to them, altho' my friends have once and again represented how opposite these persons are to the Governour, and I believe it's the first instance of a Leiut. Govr's. having the favour of nominating the King's Council preferably and in opposition to his Govr. But Atkinson, I understand, is since struck out of the list " etc. Hopes that consideration of these matters may be deferred till he can write again after visiting N. Hampshire next week. Any enlargement of Col. Dunbar's power wd. be inconsistent with the honour of the King's government and the peace of the people. " But above all I wish I was rid of him ; and as it's no benefit to him, and serves to no other purpose, but the keeping up feuds and contentions in that Government, let me once more ask it of your Grace, as an uncommon favour and obligation." Set out, Mass. Hist. Soc. Coll. 6th ser. VI. 117. Signed, J. Belcher. Endorsed, R. 10th Aug. 6 pp. Enclosed
	185. i. Proclamation by Governor Belcher. Boston, 13th April, 1732. Being informed by one of the Deputy Surveyors of H.M. woods that he has seized a number of white pine logs in Maine, without the township of Berwick, in order to bring them to trial, and that he is apprehensive that attempts will be made to remove and conceal them, warns all persons of the penalties they may incur under the several Acts of Parliament etc., and commanding all H.M. Justices and Officers to use their utmost endeavour to prevent any trespasses in violation of them etc. Signed, J. Belcher. Printed. 1 p. [C.O. 5, 898. ff. 4–46 v., 447 v., 448.]
April 27. Whitehall.	186. Duke of Newcastle to the Council of Trade and Plantations. My Lords, the King having been pleased to appoint Captain Edward Falkingham, Commander of H.M. Ship the Salisbury, to be Governor of Newfoundland ; I am to desire you will accordingly prepare draughts of a Commission and Instructions for him, in order to their being laid before the King for H.M. Approbation. I am, My Lords, Your Lordship's most obedient humble Servant, Signed, Holles Newcastle. Endorsed, Recd., Read 27th April, 1732. ²/3 p. [C.O. 194, 9. ff. 156, 157 v.]
April 27. Whitehall.	187. Duke of Newcastle to the Lt. Governor of Pennsylvania. I have received your letter of the 20th of November last with the inclosed papers containing an account of the proceedings of the Court of Admiralty held at Philadelphia for the tryal of pyrates, acquainting me, that John MacFerson, Paul Green, John Thompson, John Harney and John Cole, mariners, had been tried and convicted of pyracy and felony and had sentence of death past upon them for the same, but it not appearing upon their tryal that they had been guilty of murder, you had suspended their execution, till H.M. pleasure should be known concerning them ; all which I laid before the King. His Majesty approved your having respited the execution of the said criminals, and has been graciously pleased, upon some favourable circumstances that have been represented in their behalf, to extend His mercy to them etc. Encloses warrant under the sign manual for inserting their names in the next general pardon to the poor convicts of Newgate etc. Signed, Holles Newcastle. Copy. [C.O. 324, 30. p. 318.]
April 27. Boston	188. Governor Belcher to Mr. Popple. The 28th of last month I recd, your favour of 17th Novr. pr. one Capt. Cleveland, wherein you say My Lords Commissioners desire I Would be punctual in my correspondence etc. As this single letter of yours acknowledges the receipt of eleven of mine, and that I have since wrote them four more I hope their Lordships will have no reason to complain for want of constant accounts from me etc. Acknowledges Orders in Council in answer to Address relating to his Instructions and confirming Acts, and Instruction relating to importation of negroes and felons, all which will be communicated to the Assembly etc. Continues : I wish there may be no consequences for the many disputes about the lands to the Eastward of Kennebec, before I receive H.M. further orders ; which I pray may be dispatcht, erc. For there are a great number of claimers, who are constantly telling me, they think it very severe under an English Government to be ousted of their properties, contrary to Magna Charta, and not to enjoy the benefit and protection of the laws, and H.M. Attorney and Sollicitor General having given as their opinion that those lands are included in the Charter etc., the Assembly here have addrest H.M. that they may not be interrupted or curtail'd in any part of their patent or grant from the Crown etc. In accordance with the Board's desire, will again press the Assembly to comply with the King's request regarding his salary, but has not the least expectation of their ever giving any support otherwise than in the manner of their last grant. Continues : And the still urging a thing they have so often deny'd and refus'd I am afraid weakens the King's authority among them, and is derogatory to the honour and dignity of the Crown. I am sorry their Lordships shou'd indulge a complaint of 15 discontented persons in a whole Province, spirited up by Coll. Dunbar, against the King's Govr., when a few days after, there went an Address to the King, signed by 100 persons in the Province in my favour, and I suppose more than 29 in 30 are perfectly easy, and so wou'd the whole Province, cou'd Coll. Dunbar conquer his invincible malice, at my laying open the many falshoods he has wrote etc. Regrets that the Board has had a greater regard to the recommendations for Councillors of N.H. of the Lt. Governor than to his. Thinks it a new thing under the sun to prefer an inferiour to a superiour officer, and Councillors so obnoxious and opposite to the Govr., which must be subversive of all order and Government. Has directed the Secretary of N.H. to make out the acts for him to transmit. Has no expectation of seeing an end of the dispute between him and the Lt. Govr., so long as he studies to misrepresent him, and treats falsehood as the same as truth. If Col. Dunbar writes anything against him, he thinks it ought always to be in the form of a complaint, and that he should have a copy in order to make his defence, before any determination be made thereupon. Continues : I very particularly observe what you say of their Lordships not approving my forbidding the Captn. not to suffer his going into the fort. When their Lordships see the affidavits the Presidt. of H.M. Council (who is Capt. of the Fort) has made in that matter, I humbly conceive their Lordships will be of a very different opinion etc. Col. Walton is a man of more truth, justice and honour than Col. Dunbar etc. Hopes H.M. will make no determination, or enlarge Col. Dunbar's powers or settle the Council, until he has set everything relating to N. Hampshire in a true light, which he will do on his return from that Province, whither he is going in a few days etc. Signed, J. Belcher. Endorsed, Recd. 31st July, Read 3rd Oct., 1732. 6 pp. [C.O. 5, 874. ff. (with, abstract) 16–169 v., 170 v.]
April 27. Boston.	189. Mr. Willard to Mr. Popple. Encloses Minutes of Council of the Massachusetts Bay to the end of Feb., and of the Assembly for the session held 1st Dec, and the acts then made. The Treasurer's accompt is not yet pass'd. Requests receipt. Signed, J. Willard. Endorsed, Recd. 5th June, 1732, Read 23rd Feb., 1731/2. Addressed. Holograph. 1 p. [C.O. 5, 875. ff. 38, 39v.]
April 28. Receivers' Office on Tower Hill.	190. Commissioners for collecting and receiving the sixpence per month out of seamen's wages, for the use of Greenwich Hospital, to Mr. Popple. Enclose 20 of the printed Instructions given to their Deputy Receivers in America, in order to their being annexed to the Governors' Instructions etc. Signed, W. Young, W. Allix (?). Endorsed, Recd. Read 28th April. 1732. 1 p. [C.O. 323, 9. ff. III, 112 v.]
April 28. Whitehall.	191. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before the King.
	191. i. Same to the King. Submit draughts of General Instructions and those relating to the Acts of Trade and Navigation, for Col. Cosby, Governor of New Jersey, " in which we have made no alterations nor omissions from such general instructions as your Majesty has already approved of, to your other Governors in America, except those in the Instructions for New York, which are inserted in these, and that we have omitted the two following articles, vizt. the 58th article to the late Governor directing him to take care to pass an act for allowing the Quakers in that Province the like benefit of an affirmation as is allowed to them in this Kingdom, he having passed an act in that Province accordingly ; and the 102nd article of the said late Governor's Instructions, directing him not to engage in any party upon a supposition that the Province has heretofore been unhappily divided, there having been no complaint of any division in that province since the year 1702. when upon the surrender of that Government to the Crown, this instruction was first inserted. There is one vacancy in the Council by the death of John Hugg, Esqr., but we think it may be for your Majesty's service that Coll. Cosby should have an opportunity upon his arrival of transmitting a list of persons proper to supply vacancies according to his Instructions before a new Councillor is named, and the rather because the affairs of this Province cannot suffer for want of a Quorum, there being now eleven Councillors there.
	191. ii. Draft of Instructions described in preceding. [C.O. 5, 996. pp. 285–366 (without covering letter) ; and [covering letter only, autograph signatures, 1 p.) 5, 195. f. 17.]
April 28. Whitehall.	192. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before H.M. Annexed,
	192. i. Same to the King. Submit drafts of general Instructions for Col. Cosby, Governor of New York, and Instruction relating to the Acts of Trade and Navigation, etc. Continue :—We have made no alterations nor omissions from such general instructions as your Majesty has already appoved to your other Governors in America, except in the following article vizt. ; The Governor of New York having by his commission the command of the Militia in Connecticut, as your Majesty's Governor of New England has of that in Rhode Island, in the 2nd Article of these Instructions of your Majesty's Govr. of New England [? we have added] the following words after the word, " meeting of Our Council" vizt. "and notification to be also given to Our Colony of Connecticut, of the power wherewith you are enstructed [? intrusted] concerning the Militia forces, and forts within the said Colony." We have inserted the latter part of the 18th article forbidding the imposition of any duties on British shipping or product, it having been prepared in pursuance of our order from the Lords of the Committee dated the 3rd of Feb. last. We have omitted in this draught the 52nd article of the Instructions given to Colo. Montgomerie etc. directing him to give encouragement to the Officers of the Admiralty and Customs, that article being better provided for in the article of the inclosed draught of Instructions relating to the Acts of Trade and Navigation. The 106th Article of the Instructions given to Colo. Montgomerie, directing him not to engage in any party, upon a supposition that the Province has heretofore been unhapily divided is now omitted, there having been no complaint of any division in that Province since the year 1701, when this Instruction was first inserted. There is one vacancy in the Council by the death of Robert Walters, Esq. But we think it may be for your Majesty's service that Colo. Cosby should have an opportunity upon his arrival of transmitting a list of persons proper to supply vacancies according to his Instructions before a new Councillor is name, and the rather because the affairs of this Province can't suffer for want of a Quorum, ther being now eleven Councillors there. Annexed,
	192. ii. H.M. General Instructions to Governor Cosby, 1–101 as described above. [C.O. 5, 1125. pp. 21–292.]
April 28.	193. Mr. Fane to the Council of Trade and Plantations. Has no objection to six acts of the Massachusetts Bay, 1731. Signed, Fran. Fane. Endorsed, Recd. 9th May, 1732, Read 18th Jan., 1733/4. 1 p. [C.O. 5, 870. ff. 21, 22 v.]
April 29. St. James's.	194. H.M. Commission appointing Spencer Phipps Lt. Governor of New Hampshire. Countersigned, Holles Newcastle. Copy. [C.O. 324, 50. pp. 59, 60 ; and 324, 36. p. 326.]