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May 1.
Cockpit,
Whitehall.
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133. Order of Committee of House of Commons. Mr.
Tuder to Mr. Popple. By order of the Committee who are to
inquire into frauds in the Customs etc., you are to lay before them
the Representation of the Council of Virginia to the Lords Commissioners
for Trade etc., 11th Sept., 1713. Signed, Jos. Tuder.
Endorsed, Recd. 1st, Read 2nd May, 1733. Addressed. 1 p.
[C.O. 5, 1323. ff. 67, 70 v.]
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May 2.
St. James's.
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134. H.M. Warrant appointing Robert Burnett Secretary of
New Jersey, in the place of James Smith decd. Countersigned,
Holles Newcastle. Copy. [C.O. 324, 50. pp. 78, 79 ; and 324,
36. p. 409.]
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May 2.
Whitehall.
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135. Council of Trade and Plantations to the Lords of the
Committee of the Privy Council. Reply to 23rd Feb., on petitions
of Sir J. Eyles and Mr. Paris. Conclude : Having heard what
each party had to offer etc., we are humbly of opinion, that it may
be for H.M. service to annex the lands in question to some
county contiguous to them in New York, and that the proper
method of doing this will be by a particular Instruction for that
purpose to Govr. Cosby etc., directing him to choose the most
convenient county or counties for that purpose. [C.O. 5, 1125.
ff. 297, 298.]
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May 2.
Charles
Town.
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136. Governor Johnson to the Council of Trade and Plantations.
Encloses Naval Officer's list of ships entered and cleared
for the quarter ending Lady day last. Signed, Robt. Johnson.
Endorsed, Recd. 4th July, 1733, Read 28th Aug., 1735. 1 p.
[C.O. 5, 364. ff. 230, 234 v.]
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May 3.
St. James's.
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137. H.M. Commission appointing Gilbert Fleming Lt.
General of the Leeward Islands. Copy. [C.O. 324, 49. pp. 117,
118 ; and 324, 36. pp. 411-413.]
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May 3.
St. James's.
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138. H.M. Commission appointing Gilbert Fleming Lt.
Governor of St. Christophers in the room of William Mathew.
Copy. [C.O. 324, 49. p. 119 ; and 324, 36. p. 414.]
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May 3.
Burlington.
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139. Governor Cosby to the Duke of Newcastle. Duplicate
of 20th April q.v. Endorsed, The original sent to Mr. Sharpe,
Dec. 6, 1733. Copy. 21 pp. [C.O. 5, 1093. ff. 269-279 v.,
280 v.]
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May 4.
Council
Chamber.
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140. Governor Johnson to the Council of Trade and Plantations.
I have now by Mr. Yonge sent your Lordships an Act for
preventing litigious and troublesome suits against H.M. Justices
on account of the Habeaus Corpus Act, and also a copy of the said
Habeas Corpus Act as in force here ; and must leave it to Mr.
Yonge to state that matter to your Lordships, and the reasons that
induced me to give my assent etc. I thought there was the greatest
necessity to put a stop to such litigious proceedings as was
threatened by some lawyers, who had been committed by the
Lower House of Assembly for contempts and breach of priviledge
and who had industriously procured those committments, in
order to raise contributions from the Magistrates ; I hope it will
meet with H.M. approbation, it being designed but as a suspention
of proceedings at law on that act, untill H.M. pleasure be known
etc. Signed, Robt. Johnson. Endorsed, Recd. 4th July, 1733,
Read 25th Jan., 173. 1 pp. Enclosed,
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140. i. Copy of Habeas Corpus Act, S. Carolina, 1712. Same
endorsement. 3 pp. [C.O. 5, 363. ff. 27-28, 29, 30,
30 v., 31 v.]
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May 4.
Charles
Town.
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141. Governor Johnson to the Duke of Newcastle. Duplicate
of preceding, mutatis mutandis. Signed, Robt. Johnson. Endorsed,
R. 4th July, (by Mr. Yonge). 1 pp. [C.O. 5, 388. ff. 104,
104 v., 105 v.]
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May 5.
Jamaica.
|
142. Governor Hunter to the Council of Trade and Plantations.
On the 14th of last month I receiv'd by Mr. Gregory the
honor of your Lordship's letter of the 13th of September last and
shall conform myself to what I am injoyn'd therein. Mr. Pusey
is here what he was in England a bankrupt and of no significancy.
There is at present a vacancy in the Council by the resignation
of Mr. Stout who living in the remotest part of the island could not
attend, and for that reason thought fitt to leave his seat there for
one who would. I have formerly recommended William Gordon
Esq. as every way qualify'd etc. Some differences happening
between the Council and Assembly, the nature of which your
Lordships will learn from the inclosed etc. (v. encl. i.), oblig'd me
to put an end to them and the Session by a short prorogation,
after having pass'd the four acts the titles of which are here
inclos'd etc. (v. encl. ii.). Refers to Speech, encl. iii. Continues :
On the second in order to lead the well inclin'd out of a labyrinth
into which the men of artifice had bewilder'd them, I sent them
the message enclosed etc. (v. encl. iv.) which to appearance has
had no bad effect, for they have now under their consideration
several good bills, one for raising of a force for suppressing the
negroes, which they have new model'd by a copy of the Council's
amendments to the former, which were privately given to their
Committee ; one for more speedy and effectual payment of quitt
rents, one for bringing in the outstanding debts, an act for raising
several sums of money not lyable to the objections which lay
against that formerly pass'd for that purpose, and an act for
better regulating the Militia. In the first hurry and fright they
address'd me for leave to Capt. Lambe and Williams, two partisans
commission'd by me, to beat up for volunteers, and that done to
send them to the North side, they engaging to make good that
expens ; both which I comply'd with, partly to keep them in
humor, partly that the rebels might see that notwithstanding the
defeats and desertion of our partys we were determin'd to pursue
them at any rate, and for the further security of that place and
the plantations adjacent, tho' these two officers were lyable to
exception for having on the last expedition not follow'd their
express orders, of which I had acquainted the House. I write
this in much hast, these ships being to sail forthwith. I shall have
frequent opportunitys by other vessels to inform your Lordships
more minutely of everything that passes here, and beg leave to
assure you that nothing shall be left undone on my part etc. Signed,
Ro. Hunter. Endorsed, Recd. 23rd July, Read, 28th Novr.,
1733. 3 pp. Enclosed,
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142. i. Reciprocal messages from the Council and Assembly of
Jamaica, 24th27th April, 1733. The Assembly assert
their right to raise and apply money, like the House of
Commons, and repudiate the Council's assertion that
they are not accountable to any but the King for the
advice they gave for the dissolution of the last Assembly
etc. v. Journals and Minutes of Council and Assembly.
Endorsed as preceding. Copy. 4 pp.
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142. ii. List of acts passed April, 1733. (i) To oblige the
inhabitants to provide themselves with a sufficient number
of white people, or pay certain sums of money in case they
should be deficient etc. ; (ii) to secure the freedom of elections
etc. and to ascertain who shall be deem'd mulattos
etc. ; (iii) for the manumission of the wife and children of
a free negro man Sambo, and of other negroes, and for
recompencing their respective owners ; (iv) to entitle John
Golding senr. of the parish of Vere, planter, and his family
to the rights and priviledges of Englishmen born of white
ancestors. Endorsed as covering letter. p.
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142. iii. Governor Hunter's Speech to the Council and
Assembly of Jamaica. 1st May, 1733. Urges them to
complete the business recommended to them last
session. Copy. p.
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142. iv. Message from Governor Hunter to the Assembly.
2nd May, 1733. Having duly weigh'd the causes of the
bad success, that has attended the schemes hitherto
concerted for the reduction of the rebellious negroes, he
recommends for their consideration, that, (i) if there
were a force raised of about 150 white and 50 blacks,
and such of the soldiery employed in the country's
service permitted to enlist in the Independent Companies,
so that there may be numbers sufficient to attack and
dislodge the rebels and take post in the avenues, in
order to obstruct their escape to the woods etc., (ii) if a
requisite number of baggage negroes be raised in a more
expeditious manner than what has been proposed and
solid funds enacted, adequate to the expence etc., (iii) if
the articles of war heretofore in force be re-enacted and
the conduct of the whole left to the Executive power
where H.M. has lodg'd it, and where alone it can and
ought to be, with any prospect of success ; the Governor
doubts not, he may in a short time put an end to the
present dangers from the slaves in rebellion, ere they
grow to a height too great for any remedy within
their power. Copy. 1 p. [C.O. 137, 20. ff. 118-122,
123 v., 124, 125, 126, 129 v., 130 v., 131 v.]
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May 7.
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143. Mr. Fane to the Council of Trade and Plantations.
Reports upon 13 Acts of Virginia, 1732. Concludes :All these
acts are for confirming agreements, which have been made
between parties for the exchange of lands, and for settling where
any of the lands exchanged are entailed, lands of as great or
greater value to the same uses. This is a method of proceeding
very common in the Plantations, and often attended with great
conveniency to particular familys ; and I know of no objection to it ;
provided the Legislature is careful that no prejudice be done in
the exchange, to such estates as are by deed or will entailed.
It is recited in all the acts, that the lands settled to the same uses
as the entailed lands are of as great or greater value. But upon
a strict examination of the acts, I found that the quantities of
the acres of land, exchanged for the entailed lands in some of the
acts, were less in number than the entailed lands ; and consequently
judged, that they might not be of equal or greater value.
But Sir John Randolph, who has attended me upon these acts,
says etc. (in enclosed letter) that the lands in Virginia are of no
certain yearly value, but are estimated just as chattells are ; so
that one acre being, on account of its goodness, sometimes of more
value than ten of barren land, no regard is to be had to the
number of acres. He also certifies that before these acts passed,
the Assembly of Virginia made a regular and strict enquiry into
all the matters suggested therein, and found them proved to their
satisfaction etc. Signed, Fran. Fane. Endorsed, Recd. 7th May,
Read 26th June, 1733. 3 pp. Enclosed,
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143. i. Sir John Randolph to Mr. Fane. April 12th, 1733.
Described in preceding. Signed, John Randolph. 1 p.
[C.O. 5. 1323. ff. 72-74 v.]
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May 8.
Jamaica.
|
144. Governor Hunter to the Duke of Newcastle. I had the
honor to write to your Grace on the 18th of January last concerning
the Spanish vessel St. Michael wrecked on the Caymanas ; on
the 29th of the same month I reced. inclos'd in a letter from Messrs.
Pratter and Rigby, Factors to the Assiento Company, an affidavit
or rather confession of one Jordain, master of a sloop belonging
to said Pratter ; in his affidavit he declares that he plunder'd the
said vessel together with one Par, and afterwards devided between
them what they had so taken, he also mention'd in his affidavit
several other persons who he thought could make further discoverys
of what had been plunder'd or taken from the said St.
Michael. I immediately upon the receipt of the affidavit sent
for the Attorney General who was of opinion that a prosecution
could not regularly be carry'd on against the said persons for the
recovery of the effects taken out of the said St. Michael, as there
was no person legally impower'd here either from the owners of
the said goods or effects, or from the King of Spain to prosecute ;
but as the affair appear'd to me in a criminal light, I gave him strict
and positive orders to prosecute them and to prepare proper
warrants for the apprehending of all such as could be discover'd
to have been any way concern'd in the plunder, which warrants
I sign'd myself and deliver'd to the Provost Marshall with a
strict charge to execute his office ; some have been apprehended,
and recognizances are taken for their appearance at the next
Grand Court, against which time I hope more may be taken, so
that the Attorney Genll. may make a choice of his evidence and
be able to prosecute with effect ; I have given to Mr. Concanen
the same orders I gave to former Attorney Generals, and shall as
I have hitherto done do all that is possible for me to do, both to
recover the effects so plunder'd and to punish the plunderers.
I am with the greatest honor, My Lord, Your Grace's most
humble and obt. servt., Signed, Ro. Hunter. Endorsed, R. 1st
July. Copy to be sent to Mr. Keene, 16th Aug., 1733. 2 pp.
[C.O. 137, 54. ff. 236, 236 v., 237 v.]
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May 8.
Jamaica.
|
145. Same to Same. Encloses copy of letter to Council of Trade
(v. No. 142). Continues :This week will determine the matter
as to the Assembly's doing anything effectually for the security
or safety of this island, so that by the next ships your Grace may
expect a more particular account. I have lately received from
the Governor of St. Iago de Cuba an answer to mine, together
with a long auto or factum, which when translated, I shall transmitt
to your Grace ; he has also wrote to Sr. Chaloner Ogle on
the same subject, but I have not seen Sr. Chaloner since he return'd
from the north side, when I do I hope we may agree upon what
may be most expedient to be done at this juncture. I have
appointed Mr. Gregory Chief Justice here in the room of Mr. Mill,
who, on account of his bad state of health press'd for his quietus.
Lieut. Graham of my Company dy'd two days ago ; I beg leave
to recommend to your Grace's favour James Crawford who was
an Ensign in Col. Cope's Regiment, and if I am rightly inform'd,
the only officer not provided for. Signed, Ro. Hunter. Endorsed,
R. Aug. 3rd. 1 pp. Enclosed,
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145. i. Copy of H. to Council of Trade. 5th May.
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145. ii-v. Copies of 5th May encl. i-iv.
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145. vi. Governor of Santiago de Cuba, to Governor Hunter.
5th May (N.S.), 1733. Expresses indignation at the
evil intent and falsehood of John Harris, and his
ingratitude for his good treatment. Encloses following
statement. For his own part, he might have been
content with having maintained Harris without expence
in his palace. Continues : My object in fitting out
the cruiser to take and bring to this port the said sloop
(balandra), was not to inflict any damage, but to ascertain
the truth of the information given me by the Captain
General of this island, of there being 24 men of war in
Jamaica, the design of which was not known ; and in
any case it is always necessary for us who are entrusted
with the government of these places to distrust what
may happen, as was done by your Excellency or your
predecessor, who on receiving notice that several ships
had been seen to come into this port, fitted out a ship
of war which took an advice-ship coming from Spain
with His Catholic Majesty's packets for the several
places in his Dominions, and carried her to Jamaica,
where she was detained some time etc. Two sloops were
likewise carried into your [port], and when I knew the
reason you had for this proceeding, I made no complaint,
deeming it permissible for everyone to take care to secure
himself against what damage may come upon him.
In reply to your enquiry as to the source of my information,
what I know for certain is, that a sloop came into
the City of Havana from New England, commanded by
Capt. Dursey, who gave the Governor the said news etc.
Your Excellency may depend upon my desiring to
maintain the good correspondence there ought to be,
and especially with you, as you have experienced and
will continue to do etc. Signed, D. Pedro Igno. Ximenez.
Spanish. Copy. 3 pp.
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145. vii. Proceedings at Santiago in the case of the Mary sloop,
John Harris, master. Spanish. Copy. 26 pp. [C.O.
137, 54. ff. 205, 206 v., 208-221, 222, 222 v., 223 v.-228,
230, 232, 234.]
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May 10.
St. James's.
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146. Order of King in Council. Approving draught of
Commission for Governor Mathew. Signed, W. Cary. 1 pp.
[C.O. 5. 195. ff. 227, 227 v.]
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May 10.
St. James's.
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147. H.M. Warrant for above Commission. Countersigned,
Holles Newcastle. [C.O. 5, 195. ff. 233-242 v.]
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May 10.
St. James's.
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148. H.M. Instructions for Governor Fitzwilliam. Signed,
G.R. [C.O. 5, 195. ff. 309-330.]
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May 10.
St. James's.
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149. H.M. Instructions for Same, relating to the Acts of
Trade and Navigation. [C.O. 5. 195. ff. 331-346, 347 v., 348.]
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May 10.
St. James's.
|
150. Order of King in Council. Approving draught of Commission
for Governor the Lord Muskerry, Commander of H.M.S.
Rumney. Signed. W. Cary. 1 pp. [C.O. 5, 195. ff. 355, 355 v.]
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May 10.
St. James's.
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151. H.M. Warrant for preceding Commission. Countersigned.
Holles Newcastle. [C.O. 5, 195. ff. 357-360.]
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May 10.
St. James's.
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152. H.M. Instructions for Governor Lord Muskery. (v. 19th
April.) [C.O. 5. 195. ff. 365-381 v.]
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May 10.
St. James's.
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153. H.M. Warrant for Commission to Governor G. Johnston,
and revoking that of Governor Burrington. Countersigned,
Holles Newcastle. Set out, N.C. Col. Recs. III. 474. [C.O. 5,
195. ff. 389-397.]
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May 10.
St. James's.
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154. Order of King in Council. Approving draught of
Commission for Governor G. Johnston. (5th April.) Set out,
N.C. Col. Rec. III. 474. Signed, W. Sharpe. Endorsed, Recd.
16th, Read 19th June, 1733. 1 p. [C.O. 5, 294. ff. 67, 70 v.] ;
and (signed, W Cary) 5, 195. f. 387.]
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May 10.
St. James's.
|
155. Order of King in Council. Approving draught of
Instructions for Govr. Fitzwilliam, and four new Councillors, as
proposed by Council of Trade. Signed, W Sharpe. Endorsed,
Recd. 16th, Read 19th June, 1733. 1 pp. [C.O. 23, 3. ff. 68,
68 v., 72 v.]
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May 10.
St. James's.
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156. Two Orders of King in Council. Approving draughts
of Commission, and Instructions for Governor MacCarty. Signed,
W. Sharpe. Endorsed, Recd. 6th, Read 19th June, 1733. 2 pp.
[C.O. 194, 9. ff. 173, 174, 176 v.]
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May 10.
Boston.
|
157. Mr. Willard to Mr. Popple. Encloses Journal of
Assembly of the Massachusetts Bay, 1st Nov. to their dissolution,
with Acts passed during that term, and Minutes of Council for
half year ending 1st Feb. Concludes : The Treasury having been
in a manner shut up for two years past, the Treasurer has had no
accompt allowed since the last I sent you. Signed, J. Willard.
Endorsed, Recd. 25th June, Read 30th Aug., 1733. p.
Enclosed,
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157. i. Proclamation by Governor Belcher. Boston. 16th
Feb., 173. Quotes Order in Council 10th Aug.,
1732, relating to lands between the Rivers Kennebec
and St. Croix and revoking Instructions of 27th April,
1730, relating to the settling of lands between the rivers
Penobscot and St. Croix. Persons having a lawful
claim thereto, and having been unjustly disturbed in the
possession of them will be protected by the laws of this
Province etc. Signed, J. Belcher. Endorsed, Recd.
25th June, 1733. Printed by, J. Draper, Printer to His
Excellency and Council. 1 p. [C.O. 5, 875. ff. 224,
225 v., 227, 227 v.]
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May 10.
St. James's.
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158. Order of King in Council. Appointing Henry Lane
and Daniel Horsmanden to the Council of New York, in the room
of Robert Walters and Wm. Provoost etc. Signed, W. Sharpe.
Endorsed, Recd. 16th, Read 19th June, 1733. 1 pp. [C.O. 5,
1056. ff. 31, 31 v., 34 v.]
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May 10.
St. James's.
|
159. Order of King in Council. Appointing William Provoost
to the Council of New Jersey in the room of John Hugg deed.
Signed, W. Sharpe. Endorsed, Recd. 16th, Read 19th June,
1733. 1 pp. [C.O. 5, 972. ff. 249, 249 v., 250 v. ; and (signed,
W. Cary) 5, 21. ff. 31, 31 v.]
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May 10.
St. James's.
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160. Order of King in Council. Appointing Henry Lane
and Daniel Horsmanden to the Council of New York, as proposed
by the Council of Trade. Signed, W. Cary. 1 pp. [C.O. 5, 21.
ff. 29, 29 v.]
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May 10.
St. James's.
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161. Order of King in Council. Approving draught of
Commission for Governor Mathew etc. Signed, W. Sharpe.
Endorsed, Recd. 16th, Read 19th June, 1733. 1 pp. [C.O. 152,
19. ff. 149, 149 v., 154 v.]
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May 10.
St. James's.
|
162. Order of King in Council. Confirming Act of Antigua
repealing part of Act constituting a Court of Chancery etc. Signed
and endorsed as preceding. 1 pp. [C.O. 152, 19. ff. 151, 151 v.,
152 v.]
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May 10.
St. James's.
|
163. Order of King in Council. Approving following report
by the Committee for Plantation affairs upon an Address from
the Council and Assembly of the Massachusets Bay, praying H.M.
to revoke the 16th and 30th Instruction of Governor Belcher.
The Committee report that by the 16th Instruction the Governor
is required not to give his assent to any act whereby any bills of
credit may be issued, with a suspensory clause etc., except only
for the annual support and service of H.M. Government, not
exceeding 30,000 in such paper bills. This permission to
continue only untill H.M. further pleasure be known, and the
Governor to take especial care that no more than 30,000 of
such bills be ever current at one and the same time etc. By the
30th Instruction the Governor is required to take care that no
money be raised or bills of credit issued but by acts of Assembly,
in which one or more clauses of appropriation may be inserted,
but that the passing all accounts for payment and the issuing of
all moneys so raised or bills of credit be left to the Governor with
the advice and consent of the Council according to their Charter
subject nevertheless to a future enquiry of the then present or
any other Assembly as to the application of such moneys. The
Lords of the Committee think it incumbent on them to lay before
your Majesty the reasons upon which these Instructions were
originally grounded together with an account of the severall
applications that have been made to your Majesty by the Assembly
against them etc. With regard to the 16th Instruction, it
appears that a most pernicious practice had for many years
prevailed in severall of your Majesty's Plantations in America
of passing acts for striking bills of credit and issueing the same
in lieu of money in order to discharge their publick debts etc.
From whence great inconveniences having arisen, his late Majesty
thought proper in 1720 to send Additional Instructions to all
his Governors in America etc., to restrain them from giving their
assent to any act for striking or issuing bills of credit without a
clause to prevent the same taking effect till approved by the
Crown, excepting acts for raising and settling a public revenue for
defraying the necessary charges of Government etc. Under
colour of this exception, the Assembly of the Massachusets Bay
continued to pass acts for striking and issueing bills of credit,
whereby a greater number of such bills were circulated and the
publick debt increased, and as the provision made for the gradual
discharge of these bills was not satisfactory to the publick, their
credit was so farr sunk, that 340 of them was only equal in
value to 100 sterling which coud not but tend to the great detriment
of the creditors of the Province, to the entailing a heavy
load on all the estates there, and to the loss of the British
merchants trading to the Massachusets Bay. In order therefore
to remedy these inconveniencys and to put an effectual stop
thereto, your Majesty was pleased in 1727 to instruct Governor
Burnett etc., not to assent to any act for the issueing new bills of
credit without inserting a clause to prevent such act from taking
effect till your Majesty shoud approve thereof, which Instruction
subsisted till the year 1730, when your Majesty was pleased to
appoint Jonathan Belcher Governor etc., who having represented
that in order to supply the annual service of the Government it
was absolutely necessary to issue a further quantity of paper
money, your Majesty was graciously pleased to allow him to
assent to the issueing any number of new bills of credit for the
current service of the year not exceeding 30,000 in value,
provided that no more than 30,000 of such bills shoud be ever
current at one and the same time. Which being added to the
aforementioned Instruction to Mr. Burnett formed the 16th
Instruction now complained of. And your Majesty was pleased
at the same time to require Governor Belcher to take care that
the bills of credit then standing out shoud be called in and sunk
according to the periods and provisions of the respective acts by
which they were issued. Notwithstanding this indulgence of
your Majesty to the people of the Massachusets Bay, it appears
that in 1731 the Assembly addressed your Majesty to give them
leave to issue a greater quantity of these bills and to deferr the
calling of them in to the distance of eleven years representing that
every year within that time, was greatly incumbred with debts.
But this Committee having humbly represented to your Majesty
that the allowing the Governor by the said Instruction to issue
30,000 in such bills was a condescention on the part of the Crown,
and ought to have satisfied the said Assembly, especially as they
had not informed your Majesty by their Address what funds they
had or might purpose to establish for discharge of such new bills,
and in what proportions and by what methods the same should
be cancalled and likewise that the Governor was not restrained
by the said Instruction from assenting to any act for increasing
the paper currency provided there was a suspending clause
inserted in the said act to prevent the same taking effect till
your Majesty should have approved thereof, your Majesty was
pleased to declare your royal pleasure not to make any alteration
in the said Instruction. And as the present application is of the
same nature with the former and as no new reasons are offered by
the Assembly, the Lords of the Committee do humbly report it
as their opinion to your Majesty that no alteration ought to be
made in the said 16th Instruction.
As to the occasion of giving the 30th Instruction etc., in 1729
the Agents for the House of Representatives presented a petition
to your Majesty in Councill containing severall articles of complaint
against the then Governor, Wm. Burnet Esq., and amongst
others that he had refused to agree with the Assembly in the
methods proposed by them for the supply of the Treasury for the
current service of the year. This petition being examined into
by the Lords of this Committee they found, that the method so
proposed by the said Assembly for raising money, was by way of
resolve and that in such resolve they had reserved to themselves
a power of determining that accounts shoud or shoud not be paid
even after the services had been performed and before the Governor
was at liberty to issue any money for payment of such accounts ;
which method of raising money appeared to the Committee to
be very improper, and not warranted by the Charter etc., no power
being thereby given to raise money but by act of Assembly.
And it further appeared the issuing and disposing of all moneys
when raised is, by the sd. Charter left to the Governor with the
advice and consent of the Councill and the Agents etc. did admit
that the method of the House of Representatives in these particulars
ought to be regulated, and engaged to write to the said House
to acquaint them therewith. This gave occasion to the issueing
the 30th Instruction etc. Quoted. Notwithstanding this Instruction
was framed strictly agreable to the Charter and even to the
opinion of their own Agents, the House of Representatives in 1731
presented an Address to your Majesty in Councill complaining
thereof and praying your Majesty to recall the same, which
Address having been maturely considered by this Committee,
their Lordships did thereupon humbly report that if your Majesty
should withdraw your Instruction the Assembly etc. would be in
possession of a power superior to any which the British House of
Commons lays claim to in cases of the same nature and which the
Assembly had fallen into the practice of, in direct contradiction
to the tenour of their Charter, by which Charter though they
are impowered to raise money by acts of Assembly for the support
and defence of the Province, yet the destribution of that money
is by the same Charter expressly reserved to your Majesty's
Governor with the advice and consent of the Councill and that
therefore no alterations ought to be made in the said Instruction,
which opinion your Majesty was pleased to approve and to
declare that no alterations shoud be made in the said Instruction.
After this declaration of your Majesty's royal pleasure it was to
have been expected that the Assembly woud have paid a dutifull
regard thereto and been fully convinced that the method they
had taken was contrary to the tenour of their Charter. But it
appears by the present Address of the Councill and Assembly
that they still insist upon recalling of the said Instruction as not
agreable to their Charter. Wherefore the Lords of the Committee
thought it proper to direct your Majesty's Attorney and Sollicitor
General to consider of the said 30th Instruction etc., and to report,
whether the same be agreable to the Charter etc. In answer
whereto they have given their opinion that etc. [it] is perfectly
agreable to the said Charter. The power of imposing taxes which
includes the whole power of raising money or issueing bills of
credit which is only one method of raising money being granted
to the Genl. Court or Assembly and ought to be exercised only by
acts of Assembly. As to the issueing and disposition of the money
after it is granted, the words of the Charter are very plain that it
shall be by the Governor with the advice and consent of the
Councill for H.M. service in the necessary defence and support
of the Government of the Province and the protection of the
inhabitants and tho it is added according to such acts as are or
shall be in force within our said Province, yet we conceive the
true meaning and construction of those words to be that the
money shoud be applyed according to such generall clauses of
appropriation describing the nature of the services for which it
was given as should be mentioned in such acts, but not to restrain
the Governor and Councill from making such a distribution upon
the particular articles of those services or from passing the accounts
or paying the persons by whom such services shoud be performed
in such manner as they should think fit, consistantly with the
generall clauses of appropriation. But such distribution accounts
and payments will be subject to future enquirys to be made in a
regular method by the Assembly or House of Representatives as
to the application of the money and the consistency thereof with
the appropriating clauses for which a proper reservation is made
by the Instruction. The Lords of the Committee do therefore
humbly offer to your Majesty as their opinion, that no alteration
ought to be made in the said Thirtieth Instruction, and their
Lordships cannot but observe to your Majesty that these
repeated applications of the House of Representatives upon points,
some of which have been given up by their own Agents, and all
of them more than once been under your Majesty's consideration
and determined by your royall Instructions and subsequent
Orders in Councill thereupon, are instances of great undutifulness
to your Majesty. And that the power insisted upon by the said
Assembly in not suffering the Governor to issue any money for
the maintenance of the Officers and soldiers of your Majesty's
forts and garrisons, for the necessary repairs of the fortifications
and for the payment of other demands for services actually
performed, before they have examined the particular demand of
each person and agreed to the payment thereof, evidently shews
that their design is to assume to themselves the executive power
of the Government of the said Province, and has a direct tendency
to throw off their dependence upon Great Brittain which is so
necessary to be maintained even for their own preservation ; and
their Lordships take leave further humbly to represent to your
Majesty that if the said Assembly shall still persist in their
refusall to supply the Treasury of the Province, so that neither
the soldiers can be paid, the fortifications be kept up, the dignity
of your Majesty's Government supported nor the security of the
Province provided for, they will be answerable for all the consequences
of their own ill conduct.
His Majesty this day took the said report into consideration,
and was pleased with the advice of his Privy Councill to approve
thereof ; and His Majesty doth hereby declare and signifie His
high displeasure at these repeated applications upon points which
have been already maturely considered and determined by His
Majesty in Councill. And His Majesty doth likewise hereby
renew the declaration of his royall pleasure formerly signified
in this behalf, that no alterations be made in the sixteenth and
thirtieth Articles of the Instructions given to Jonathan Belcher
etc. Signed, W. Sharpe. Endorsed, Recd. 16th, Read 19th June,
1733. 10 pp. [C.O. 5, 875. ff. 102-107 v. and (signed W.
Cary, and endorsed, Recd. 1st June, Read 30th Aug., 1733). ff.
230-235 v.]
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May 11.
Whitehall.
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164. Mr. Popple to Thomas Lowndes. A petition from Mr.
Thorpe being referred to ye consideration of my Lords Commissioners,
etc. (v. 27th April), they desire you will let them have a
state of this affair on Tuesday sennight at 11 a clock in ye
morning, as likewise that you will let them know, whether ye
petitioner's grant does differ from other grants of land made by
ye late Lords Proprietors. [C.O. 5, 401. p. 62.]
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May 12.
Charles
Town.
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165. Mr. Frewin to the Council of Trade and Plantations.
About twelve months ago I had the honour to receive, at Mr.
Brudenell's request, a recommendatory letter from your Lordships
to Governor Johnson, which I presented to him on my arrival,
together with a very particular one from his Grace the Duke of
Newcastle in my favour etc. Will always be grateful, though Mr.
Johnson has not been influenced to do him the least favour etc.
But, before Mr. Whitaker's departure for England he deputed him
Judge of the Vice-Admiralty, and, as he has the honour to serve
the King, he thinks it his duty to represent to Ministers at home
everything that is done to the prejudice of H.M. prerogative and
interest. Encloses, therefore, copies of several strange resolves
and ordinances of the Upper and Lower Houses of Assembly and
of a law in support of the same, ratified by the Governor on the
4th inst. To make it intelligible, he must go back to the
fountain and first occasion of these votes. Continues :H.E.,
our Governour, and a few other gentlemen, under colour of
patents or grants from the late Lords Proprietors and otherwise,
having possessed themselves of prodigious large tracts of land,
and thereby in a manner defeated H.M. intentions (declared in
his royal Instructions) of peopling this country and making it a
flourishing Colony, the people that wanted lands whereon to
settle themselves murmur'd, were greatly uneasy, and could not
help enquiring into the validitiy of the patents and titles, which
stood between them and the royal bounty. In the course of their
inquiry they met with information that the patent titles had been
declared void by the Attorney and Sollr. General at home ; that
the poor people on the Southermost frontier, who had been
obliged to quit their lands and fly from the fury of the barbarous
Indians were prevented from returning by reason of those patents
and other grants, wherewith their former settlements had been
cover'd before the Land Office was publickly open'd. Want of
lands for themselves, and charity for the distressed, led some
publick spirited gentlemen to endeavour to break those large
tracts, and by virtue of titles under H.M. most gracious Instructions
to lay out and survey some of those lands, which are here
called patent lands, with intent to try the validity of the patentees'
titles, and in case of success to settle themselves and the Southern
unfortunates upon part of those tracts, which otherwise must
inevitably lye unsettled and uncultivated, or be purchased at a
very dear rate from the patentees. Amongst the rest Dr. Thomas
Cooper went up with the Deputy Surveyors to view and lay out
the land. Upon this the patentees instead of offering to try
their titles in the King's Courts, where the matter was only and
properly cognizable, apply'd to the Commons House of Assembly,
who order'd him into custody of their Messenger and kept him
close prisoner for about five weeks. The warrant for his commitment
being new and unprecedent, I have sent your Lordships
a true copy thereof. The Doctor soon after he was apprehended
apply'd to two Justices for an Habeas Corpus, which by an Act
of Assembly of this Province made to enforce the execution of
the English Habeas Corpus Act here, they are impower'd and
required to grant or issue. Mr. Somerville who is of the Quorum
and Mr. Wright Junr. granted his prayer, and an Habeas Corpus
sign'd by them was deliver'd to the Messenger that had Doctor
Cooper in custody. The Messenger refused to obey the King's
writ and the House resolved to indemnify him. A second writ
was desired of some of the members of the Lower House, who
were in the Commission of the Peace and deny'd, but afterwards
granted by Mr. Middleton, one of H.M. Council and Mr.
Somerville, which the Messenger likewise disobey'd, as also a
third sign'd and issued by Robert Wright Esqr. H.M. Chief
Justice. Upon this the Doctor jointly with others in custody
petitioned His Excellency and Council for relief ; and the Doctor
singly pray'd H.E. to issue an Habeas Corpus etc. Refers to
enclosure. Continues :Two considerable merchants who waited
on H.E. with the Doctor's prayer etc. were order'd into custody of
the Provost Marshal and obliged to ask pardon for so doing and
pay fees before they could be enlarged, as were two others for
carrying a petition to Mr. Yonge (one of H.M. Council) upon the
same occasion. Several lawyers and merchants were committed
by the Lower House for carrying petitions to some of their
members, who were Justices of the Peace, which upon mature
and serious deliberation those gentlm. that carry'd them, were
perswaded they had a right to do, by the laws of their Mother
Country made to secure the liberty of the subject. The fees
demanded and taken by the officers of that House are most
exorbitant. To their Messenger only, four pounds this currency
for being committed, the like sum on being discharged, and the
same sum per diem whilst in custody, besides diet and other
expences. The Commons on the 7th of April last to intimidate
the Chief Justice and others posted their Ordinances at the door
of or entrance into the Council Chamber, the Chief Justice complained
of it in Council and in a speech there (which he afterwards
published) censured their proceedings as destructive of the King's
Prerogative and the people's liberties. Mr. Yonge, who had been
greatly obliged by the Commons, became their Advocate, and by
cases, which, when searched to the bottom make all against him,
endeavour'd to perswade his Excellency, the Council and people
that all the Lower House had done was right and justifiable, and
by a Resolution of the Upper House his speech made upon that
occasion was declared to be agreeable to the sense and opinion
of the House. The Commons, sadly enraged at the opposition
they met with from the Chief Justice, on the 14th of April went up
in a body with an accusation against the Chief Justice which they
have since printed, and upon which I must beg leave to make a
few remarks. Your Lordships will please to observe that the
Chief Justice is charged with violating their privileges, by granting
two writs against their Messenger, and by signing a rule of Court
to the Provost Marshal, when they well knew that the Chief
Justice of this Province alwaies entrusts the Attorneys with
blank writs, who fill them up as they want them, without his
knowledge, and that by a Rule of Court of a very long standing,
and confirmed by a late Act of Assembly the Marshal is obliged
to return all writs served in town in two days after service, and
the plaintiffs at liberty to proceed to judgmt. before the returns
of the writs, so that this rule complained of, being only to be
informed whether the writ was served or not, could not be contrary
to law or the known practice of the Court of Common Pleas here ;
but was in my opinion agreeable to both. I could show your
Lordships that those very writs were legally and regularly issued,
and that their Messenger, when the same were issued had no right
to either privilege or protection, but that would be taking up too
much of your Lordships' precious time. All the lawyers in the
Province (except the present Attorney General, who is a native,
and Mr. Rutlidge his Excellency's Prime Minister) and a number
of wealthy merchants here seem to apprehend that by the
ordinances of the two Houses they are put out of the King's
protection, and their fortunes and liberties entirely at the mercy
of the Lower House who threaten us with an Act to continue
themselves for a longer time than by law they at present are
capable of sitting, and were it not in humble expectation of H.M.
interposing his Royal authority, would remove themselves and
their effects to some more safe and happy part of H.M. Dominions.
The law to indemnify themselves and their officers against the
penalties they have incurr'd is a plain confession of guilt,
repugnant to the fundamental laws of Great Britain, and expressly
contrary to two, if not three, of H.M. Instructions to our Governor.
Surely they cannot pretend to say, that it is a Bill of an usual or
ordinary nature, so that it is impossible that H.M. Prerogative
or the properties of his subjects can be affected thereby ; if not,
a draft thereof ought, as we apprehend, to have been transmitted
to H.M. for his Royal approbation or disallowance before the
passing thereof, or at least a saving clause inserted therein suspending
and deferring the execution thereof till H.M. pleasure
should be known concerning the same. This law was a creature
of Rutledge's brain and first brought into the Upper House. The
Chief Justice ever opposed it's passing totis viribus, and hath
entered his protest against it, which hath increased the resentment
of the Commons against him, and occasioned the Resolves
printed in last Saturday's paper ; where it will end God only
knows. Doctor Cooper was chosen a member of the House
during his confinement, and requested to be try'd and discharged
in vain till on the 27th of April by a petition of which I send
your Lordships a copy, he was order'd to be discharged paying
his fees which amount to a considerable sum, and thereby and
by the loss of time, besides a long and close confinement, he is
by a moderate computation 1000 this currency the worse for
this commitment. The Gentlemen in power here, both by their
speeches and actions, seem entirely to have forgot that they are
subjects or dependants. The Commons House of Assembly look
upon themselves as the Supreme Court of Judicature, and nobody
here, that has the power, offers to dispute their jurisdiction. Their
interests are one and the same, which is the occasion of the perfect
harmony and good understanding between them. It is now
become dangerous for a King's officer or minister to appear zealous
for the Prerogative or interest of his Master : the Land Surveyor-Genl.
and Chief Justice have sufficiently experienced it. The
former I'm certain will be a looser this year by his office, and the
latter by a negative vote of the Commons is to have nothing for
his last year's service. The Laws of our Mother Country are set
at naught and termed "Old Ballads." The King's offices ransack'd
and his officers insulted, ridiculed, and affronted, and their
friends at home spoken of with scorn and contempt. The wealthy
merchants and principal inhabitants are at the mercy of a few,
who lord it over them as if they were their vassalls. Such is the
present state of H.M. Province of South Carolina. If my zeal
for the Prerogative of the Crown, the interest of my Master, and
the liberties of my fellow subjects, which seem to me to be
trampeld upon, hath carry'd me into any unbecoming warmth,
I trust your Lordships will think the cause some excuse for it
and pardon me for the trouble given you, etc. Signed, Will
Frewin. Endorsed, Recd. 23rd Oct., 1733, Read 20th Aug., 1735.
7 pp. Enclosed,
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165. i. Chief Justice Wright to the Governor and Council of
S. Carolina against the Act for the prevention of suits etc.
Signed, Rob. Wright. Endorsed as preceding. Copy.
2 pp.
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165. ii. Copy of Act for preventing suits and disturbance to
H.M. Judges and Magistrates on account of the Habeas
Corpus Act. Endorsed, Recd. 23rd Oct., 1733. 2 pp.
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165. iii. Copy of Act, Dec. 1712, for introducing the English
Habeas Corpus Act. Endorsed as covering letter. 4 pp.
|
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165. iv. Order of Commons House of Assembly for committing
Job Rathmahler and Thomas Cooper into custody for
aiding the Deputy Surveyors in running out patent lands
and lands already surveyed, contrary to the quit-rent act,
the Governor's warrant and Surveyor General's precept.
9th Feb., 1733. Signed, Robt. Hume, Speaker.
Endorsed as preceding. p.
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165. v. Journal of Assembly, 26th April 1733. The petition
of T. Cooper was read and he was ordered to be discharged
paying his fees. Same endorsement. Copy.
p.
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165. vi. Petition of Thomas Cooper to the House of Assembly.
Petitioner never designedly infringed the privileges of
the House or contemned its authority etc. Prays to be
discharged. Signed, Thos. Cooper. Same endorsement.
Copy. 1 p.
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165. vii. South Carolina Gazette for April 7May 12, 1733.
Nos. 6569. Same endorsement. Each of the 5
numbers, 4 pp. [C.O. 5, 364. ff. 64-67 v., 69 v.-75 v.,
76 v., 77, 78, 79-89 v., 90 v.]
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May 12.
Nevis.
|
166. Michael Smith, President of Nevis and Commander in
Chief of the Leeward Islands, to the Council of Trade and Plantations.
I am now to answer Mr. Popple's letter in relation to any
laws made, manufactures set up or trade carried on in the
Leward Island, which may effect the trade, navigation and
manufacture of Great Britain. I did with the greatest caution
in my last (v. C.S.P. Jan. 30, 173), indeavour to answer those
questions ; and I think I may with truth assure yr. Lordships,
that the Collonies are so far from carrying on a trade or navigation
to effect that of Great Brittain, that for many years past they
have been of great advantage to said trade, and from the nature
of their climate produce and situation, never can interfere with
ye trade of Great Brittain, and I shall have that regard to H.M.
royall Instructions, never to pass any law that may effect the
same. Encloses 6 acts of St. Christophers etc. Four are "temporary
laws for levying money and other dutys to H.M. for ye
use of his forts and fortifications and dischargeing the publick
debts" etc. 5 and 6 are private laws, one for docking an intail,
part with a reserveing clause not to take effect till H.M. royal
pleasure be known ; the other for incouragement of a person
projecting a more easy and effectuall method of hanging coppers
for ye speedy makeing of sugr. on that island. I humbly hope
yr. Lordships will be of opinion on examining sd. laws they are
all for ye service of H.M. island etc. Signed, Mich. Smith.
Endorsed, Recd. 4th. Read 18th July, 1733. Holograph. 1 p.
[C.O. 152, 19. ff. 157, 160 v.]
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May 13.
Barbados.
|
167. Governor Lord Howe to the Council of Trade and
Plantations. Encloses copys of the Addresses of the Council and
the Assembly, with their Minutes relating to the evacuation of
Sta. Lucia and the other islands. Concludes : I hope in a very
little time to acquaint yr. Lordsps. that H.M. Orders have been
put in execution and that every thing has been comply'd with
according to my Instructions relating to that affair. Signed,
Howe. Endorsed, Recd. 16th, Read 18th July, 1733. Duplicate.
1 p. Enclosed,
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167. i., ii. Minutes of Council of Barbados, 8th May, 1733,
referred to in preceding. Endorsed, Recd. 16th July,
1733. Copy. 2 and 3 pp.
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167. iii. Journal of Assembly of Barbados, 8th May, 1733,
referred to in preceding. Same endorsement. Copy.
4 pp. [C.O. 28, 23. ff. 91, 92 v.-96 v., 98-99 v., 100 v.]
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May 13.
Barbados.
|
168. Governor Lord Howe to the Duke of Newcastle.
Duplicate of preceding letter, mutatis mutandis. Signed, Howe,
Endorsed, R. 22nd June. 1 pp. Enclosed,
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168. i., ii. Duplicates of encl. i., ii. preceding. [C.O. 28, 45.
ff. 228, 228 v., 229 v.-233 v.]
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May 14.
Whitehall.
|
169. Lord Harrington to the Council of Trade and Plantations.
The King having been informed by Mr. Titley, his
Resident at Copenhagen, that the French Ambassador there has
sold, or contracted to sell to the Danish West India Company the
Island of Sta. Cruz in America, H.M. has commanded me to
acquaint your Lordps. with the same, that you may report what
right the Crown of England has, or what claim it lays to the
possession of the said Island, in order to be laid before H.M. for
his further pleasure thereon. Signed, Harrington. Endorsed
Recd. 15th May, Read 21st June, 1733. 1 p. [C.O. 152, 19.
ff. 155, 162 v.]
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