America and West Indies: February 1726

Calendar of State Papers Colonial, America and West Indies: Volume 35, 1726-1727. Originally published by His Majesty's Stationery Office, London, 1936.

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'America and West Indies: February 1726', in Calendar of State Papers Colonial, America and West Indies: Volume 35, 1726-1727, ed. Cecil Headlam, Arthur Percival Newton( London, 1936), British History Online https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol35/pp19-29 [accessed 29 November 2024].

'America and West Indies: February 1726', in Calendar of State Papers Colonial, America and West Indies: Volume 35, 1726-1727. Edited by Cecil Headlam, Arthur Percival Newton( London, 1936), British History Online, accessed November 29, 2024, https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol35/pp19-29.

"America and West Indies: February 1726". Calendar of State Papers Colonial, America and West Indies: Volume 35, 1726-1727. Ed. Cecil Headlam, Arthur Percival Newton(London, 1936), , British History Online. Web. 29 November 2024. https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol35/pp19-29.

February 1726

Feb. 1.
N. Providence.
29. Governor Phenney to Temple Stanyan. Acquaints him that he has appointed Mr. Noden Agent for the Independent Company etc. (v. 28th Jan.). Signed, G. Phenney. Endorsed, Rd. May 20. 1 p. [CO. 23, 13. ff. 283, 284v.]
Feb. 2.
Treasury Chambers.
30. Mr. Scrope, Secretary to the Lords Commissioners of the Treasury, to the Lords Proprietors of Carolina. It appearing that the yearly rent of £13 6s. 8d. payable by your Lordships into the Exchequer here as Proprietors of Carolina is in arrears from the feast of All Saints, requests payment of sum in arrears and constant payment in future according to the Charter etc. Signed, J. Scrope. [CO. 5, 290. p. 171.]
Feb. 3. 31. Mr. Abraham Meure to Mr. Popple. Forwards certificate by Davy Breholt that the Honble. Collo. John Davis, late President of the Council of St. Kitts, died in London, 13th Dec. 1715. Signed, Abr. Meure. Endorsed, Recd., Read 4th Feb., 1725/6. Addressed. 1 p. [CO. 152, 15. ff. 230, 230v.]
Feb. 3. 32. Journal of the Assembly of S. Carolina. Resolved, upon the petition of Lawrence Coulliette, Clerk of the Crown and of the Supreme Court etc., concerning the loss of his place, that the buying and selling of places relating to the Courts of Justice is of the utmost ill consequence to H.M. subjects in this Province, and very much to the dishonour of H.M. etc. v. 28th Jan. Copy. Signed, W. Blakewey, C.D.C. 1 p. [CO. 5, 383. No. 23.]
Feb. 4. 33. President Middleton to [? Governor Nicholson]. Refers to account of burning of Fort King George etc. (v. 13th Jan.). Continues:—Accordingly the Assembly is mett, and after two or three dayes long disputes, and denyals so to do, they have at last agreed to make use of £2000 of the bills that are to be sunke, and it is to be apply'd to the repare of the fort, and building of barracks. There being no money in the Treasurer's hands, and the tax bill having past long before, and all the money appropriated, nothing could be done that waye, so that by the advice of the Council I have agreed to make use of that money, knowing it to be for H.M. interest and servis, and that the poor soldiers should be expos'd to the weather, and the Indians. I hope your Exelency won't take this a miss, for I could not possibly do otherwise, haveing no power to draw bills for any such use. Your Exelency can't imagine the daly trouble I have with those people, and I begg that you will ease me of it as soon as possible, and that the fort may be remov'd to St. Simons Island, which will be more for H.M. servis, and use to the country. Mr. Allin will now in a few dayes send a sloope with all necessaryes etc. The Journal of this short Sessions shall be sent to your Exelency as fast as possible, etc. Mr. Whitaker, being told by someone that I had wrote to your Exelency against him etc., caused one Quliett formerly Clerk of the Courts of Common Pleas, to petition the Assembly that I had taken his place from him, and given it to another, and for which I tooke money (v. 3rd Feb.). This Quliett has been often complain'd of by the Judgees to me as unfitt, and very negligent, upon which I told Mr. Chief Justice Hepworth that I was unwilling to turne the man out, but as he was so unfitt for that post as he represented him to me, if I did turn him out whoever had it should give me something for it, this I did openly, and not underhand, and accordingly he approved of the person to whome I gave the Commission to, and I received a present of £200 for it, and that without askeing for, and this is the great crime the Assembly designes to acquaint you with. This place, the Martial's place, and the Vandue Masters have bin alwayes looct upon perquisets to the Governt. and something has bin alwayes given for them, and how it now comes to be a crime in me I cant tell. Indeed your Exelency did not but that was your own goodness, and you spent many thousand pounds in the country more then you gott, but your Exelency cant thinke that a reason for an other, that cant so well afford it. I have annuf to do with those Gentmen that were alwayes know(n) enemyes, and they hate me as being a friend and servant of your Exelenceyes etc. They are insenct against for standing up for the previledges of the Council pursuant to H.M. Instructions etc. In raiseing the tax for the insueing year they gave me £1500, but it was in such a maner as made it very unactable (? unacceptable) to me, for first they putt it to the vote whether I should have it then, whether it should be £1000, then £750 etc. Indeed I shall spend more then I shall gett. Mr. Whitaker has given me a copy of his letter (v. 28th Jan.), but it is stuft with so many notorious untruths that I can't mention them, and in due time will disprove them etc. Signed, Ar. Middleton. 2½ pp. [CO. 5, 387. No. 61.]
Feb. 4.
Whitehall.
34. Council of Trade and Plantations to the King. Recommend Wm. Pym Burt for the Council of St. Kitts in place of Mr. Davis deed. [CO. 153, 14. p. 202.]
Feb. 5.
South Carolina.
35. Benjamin Whitaker to Governor Nicholson. Encloses following by order of Assembly. Signed, Benja. Whitaker. 1 p. Enclosed,
35. i. Petition of Lawrence Couliette to the Commons House of Assembly S. Carolina. The President sold his place to Childermas Croft etc. v. Jan. 28, Feb. 3 and 4. Signed, Law. Couliette. 1 p. [CO. 5, 387. Nos. 62, 62. i.]
Feb. 7. 36. Mr. Hargrave to Governor Nicholson. Herewith you receive the Journall of what the Assembly have done in relation to the Fort. Describes how the President sent him to Mr. Kilpatrick to offer him the place of Clerk of the Peace for £300 etc. Signed, Hen. Hargrave. Addressed. 2¾ pp. [CO. 5, 387. No. 63.]
Feb. 7.
Charles Town.
37. Charles Hart to Governor Nicholson. Upon the unfortunate accident to Fort King George being burnt to ye ground, the Presidt. imediatly summon'd his Councill, who gave their opinion, that 'twas proper to call the Assembly to have their advice and assistance on so important an affair. I must referr your Excellency to the Journalls (now sent by Capt. Ryder) of what passed between the two houses, and the recourse wee were obliged at last to take, to keep possession of that ground, and supply the soldiers with such necessaries, to defend them from any sudden surprise of the enemie, and the inclemency of the weather, wee having more frost and deeper snow, than ever I knew since my being here. I have now got Mr. Tobias Fitch Journalls wch. shall be copied out with all expedition to be sent to your Excellency but I hope you will arrive here sooner in person to read it yourself, Captain Clark having brought the agreeable news that yr. Excellency will return hither. The sudden changes of weather in this clymate is not more quick, than the alterations in some people's faces, I protest it affords me some diversion etc., but my joy would be compleat could I kiss yr. Excellency's hands now etc. Signed, Charles Hart. 2 pp. [CO. 5, 387. No. 53.]
Feb. 8. 38. Mr. Gray to the Council of Trade and Plantations. Replies to some objections raised at a meeting with the Board, on Feb. 2, by Govrs. Nicholson, Hunter, Spotswood, and Phillips, to his scheme for a barrier path at the back of all H.M. Colonies on the Continent (v. C. S. P. 20th June, 1725). Signed, Galfridus Gray. Endorsed, Recd. 10th Feb., Read 23rd June, 1726. 2¼ pp. [CO. 323, 8. No. 65.]
Feb. 9.
Whitehall.
39. Mr. Popple to Mr. Carkesse. Requests returns of 4½ p.c. duty in Barbados and the Leeward Islands, since 1715. [CO. 29, 14. pp. 418, 419.]
Feb. 9.
Whitehall.
40. Council of Trade and Plantations to Governor Hart. Acknowledge letter of 24th Dec. 1724, 28th Feb., 1st March, 20th and 26th July, and 6th Aug., 1725. Continues:—We have transmitted to the Duke of Newcastle the Addresss of the Assembly of Antigua etc. (v. 1st March, 1725). We have recommended Chas. Pym and Wm. Pym Burt to be of the Council of St. Kitts etc. We have again had under our consideration your proposal of uniting the Council and Assembly of St. Christophers and Nevis (v. 3rd Dec, 1723), but this being so material an alteration in the constitution of those Islands, we can by no means think of advising H.M. to do an act of this nature by the sole power of his Prerogative without the consent of the people : If the two islands are both of them convinced it would be for their mutual convenience, that such an union should be made between them, let their respective Councils and Assemblies address H.M. for leave to make this alteration, which will bring this affair properly under his royal consideration, and in case the same should be approved of by H.M., they may then pass bills for this purpose. Enclose Attorney and Solicitor General's opinion on the case of William White etc. (v. 26th July, 1725), "as a rule for you to govern yourself in this case, and for the future in the like circumstances." Enclose petitions of John Greathead and Thomas Rowland relating to grants of lands in St. Kitts. Continue:—We desire you will receive what proofs the petitioners can produce of the facts contained in their respective petitions, and that you transmit the same to us, together with your remarks and observations upon the whole etc. [CO. 153, 14. pp. 203–205.]
Feb. 10.
St. James's
41. H.M. Warrant appointing John Grimes to the Council of Virginia, in the room of John Lewis, deed. Countersigned, Holles Newcastle. [CO. 324, 35. p. 159.]
Feb. 11.
So. Carolina.
42. William Hammerton to Governor Nicholson. Encloses lists of his office etc. Refers to the President's sale of places etc. (v. Feb. 3–7). Continues:—These things have made some of your Excellency's enimyes see their error and earnestly wish for your return etc. We are informed my brother is like to come Secretary etc. Signed, Wm. Hammerton. Addressed. 1 p. [CO. 5, 387. No. 64.]
Feb. 12.
St. James's
43. Order of King in Council. Appointing William Pym Burt to the Council of St. Kitts (v. 4th Feb.). Signed, Robert Hales. Endorsed, Recd. 21st, Read 24th Feb., 1725/6. 1 p. [CO. 152, 15. ff. 233, 234v.]
[?Feb. 12.] 44. Lords Proprietors of Carolina to the King. Pray for H.M. approbation of etc. the Honble. Col. Samuel Horsey whom they have appointed Governor of S. Carolina etc. Set out, A. P. C. III. p. 82. q.v. Signed, Beaufort, Craven, Ja. Beartie, John Tyrrell, J. Colleton, Hen. Bertie. [CO. 5, 290. p. 170.]
Feb. 15.
Treasury Chambers.
45. Mr. Leheup to Mr. Popple. Encloses following, which he is now obliged to send, in answer to Col. Spotswood's representations. Signed, Peter Leheup. Endorsed, Recd. 15th Feb., Read 8th Sept., 1726. 1 p. Enclosed,
45. i. Extract of letter from John Grymes, H.M. Receiver General (to Mr. Leheup). Virginia, 25th May, 1724. Col. Spotswood has so embarrassed the affair of the land in Spotsylvania County, by granting vast tracts of it (after he knew he was removed from the Government) without rights, or a proper security for the payment of the value of 'em, that the Govermt. is now at a loss how to proceed in it according to the Order of the Lords Justices. The first time that order was laid before the Council here, I was (as Receiver General) ordered to demand the rights and quit rents due on all those grants that contained more than 1000 acres. This Col. Spotswood and some other gentlemen concerned thought not agreable to the intention of their Excellencys' Order, and thereupon made great clamour etc. I acquainted the Govr. therewith, and my opinion that none of those patents were valid in law, having been granted without rights, contrary to the law and custom of the Colony, and that the receiving the consideration money mentioned in the said patents (which is the rights) and the quit rents due thereon, was the only way left to strengthen and make valid these grants. Hereupon his Honour was pleased to desire me not to proceed in demanding either the rights or quit rents untill he should conveniently call a Council etc. Since which I think the Council have unanimously advised that the officers of the Revenue should not demand either the rights or quit rents until H.M. pleasure be known, least the acceptance thereof should be taken as an allowance or approbation of the grants etc. Hearing that Col. Spotswood designs to England, and knowing his good will towards me, I beg leave to observe a few things to you, for the clearing some facts which I apprehend he may endeavour to make appear like negligence in me vizt., All patents being constantly prepared and passing the Seal of the Colony at the Secretary's Office, neither the Depty. Audr. or Recr. Genl. Have any direction in issuing them. Till this instance, it has never been known that any patent has passed in that office without rights regularly produced. At the time Col. Spotswood signed those patents he acted as Secretary having done so from the death of Secretary Cocke, till the arrival of the present Govr., whereby he is answerable for all omissions in the Secretary's Office during that time. Altho' the bonds taken by Col. Spotswood's direction at the Secretary's Office in lieu of the rights, are upon a contingency made payable to the Receiver General, that officer never was acquainted therewith, but the bonds were kept at the Secretary's Office, in a manner concealed from him. When the Clerk of the Secretary's Office, who is Col. Spotswood's principal patentee, had taken some bonds requiring an absolute payment of the money to the Receiver General, if H.M. did not grant a remission of the rights, Col. Spotswood gave him another form of the bonds, whereby the patentee is left at liberty to surrender his grant or to produce importation rights. In Col. Spotswood's own case no bonds at all are given. Besides the two large grants to Hickman, Jones and Clayton of 68,000 acres for Col. Spotswood's use, he holds in the same county 25,391 acres by regular patents granted before the Address of the Council and Burgesses to H.M. Hickman has since the arrival of the present Governour prepared several patents for land in Spotsylvania County upon the same footing which the Govr. being a stranger has signed etc. Copy. 2 pp. [CO. 5, 1320. ff. 31, 32, 32v., 34v.]
Feb. 15.
Whitehall.
46. Mr. Popple to Mr. Bell Jones, Secretary to the Board of Ordnance. Asks for copy of plan and estimates of forts projected for the defence of Nova Scotia transmitted by the Engineer there in 1720. [CO. 218, 2. p. 52.]
[Feb. 15.] 47. William Hughes to the Council of Trade and Plantations. On behalf of Lynch Salusbury Cotton, prays that he may be heard against the Act of Jamaica for settling Pero plantation etc. Signed, Will. Hughes. Endorsed, Recd. 15th, Read 16th Feb., 1725/6.½ p. [CO. 137, 16. ff. 139, 140v.]
Feb. 16.
Whitehall.
48. Council of Trade and Plantations to the Lords Commissioners of the Treasury. We have lately received from H.M. Surveyor General of the Woods in America, an account sent him from his Deputy there, that the people of N. England do not only continue to deny H.M. right to the woods there, but do also cut and destroy them as they please. This is directly contrary to the Charter of the Massachusets Bay granted them by King William and Queen Mary, wherein there is an express reservation to the Crown "of all trees of the diameter of 24 inches and upwards at 12 inches from the ground, growing upon any soil or tract of land in the said Province, not heretofore granted to any private persons." The reservation in behalf of the Crown is entirely destroy'd by the construction which the people of New England put upon the 5th section of an Act pass'd in the 8th year of H.M. reign, entituled, an Act giving further encouragement for the importation of Naval Stores etc., whereby it is enacted for the preservation of white pine trees for ye masting the Royal Navy, that "no persons within the Colonies etc. shall cut any white pine trees not growing in any township or the bounds thereof," etc. The construction they put upon this paragraph, is, that trees growing in any township are not the King's property, and that consequently the Surveyor Genl. has no power to prevent the people from cutting them, for their own use. The people of N. Hampshire having interpreted this Act of Parliament in the same manner, have got the best part of the Province granted out in townships ; By which means unless a remedy be speedily applied, H.M. will be deprived of the benefit of any masts either growing in the Massachusets Bay or New Hampshire. In order to put a stop to so pernicious a practice, we inserted a clause in the draught of a bill for the encouragement of Naval Stores, which we prepar'd the last Sessions of Parliament. But as that did not pass, we take this opportunity of laying this matter before your Lordships, that you may give the necessary directions for preventing this growing evil. [CO. 5, 915. pp. 446–448.]
Feb. 16.
Whitehall.
49. Mr. Popple to William Hughes. In reply to his letter, the Board request that he will lay what he has to offer before them in writing. [CO. 138, 17. pp. 55, 56.]
Feb. 16.
St. James's
50. H.M. Warrant appointing William Pym Burt to the Council of St. Christopher in the room of John Davis. Countersigned, Holles Newcastle. [CO. 324, 35. p. 160.]
Feb. 16.
Whitehall.
51. Council of Trade and Plantations to the Lords Commissioners of the Admiralty. Colo. Philipps, H.M. Governor of Nova Scotia, having represented to us the advantage it would be to the Fishery of that place, if one of the men of war that are to be appointed for the Newfoundland Convoy this year, were directed to cruize between Canço and Cape Sables, we thought it proper to give your Lordships this information, that you may give the necessary orders before the ships sail etc. The Fishery at Canço begins much earlier in the year than that at Newfoundland, and the man of war appointed last year for this service, did not arrive on the coast of Nova Scotia till the beginning of September; This occasion'd the breaking up of the Fishery sooner than would otherways have happen'd, several of the fishing ships having sail'd away with half of their loading; and as the dread of the pirates is always a great interruption to the Fishery, but more especially when the man of war is not expected till so late in the year, we must desire, your Lordships will please to give directions to the Captain of the man of war who is to attend this service, to be there as early as possible, because they begin to fish there the latter end of March or the beginning of April. [C.O. 218, 2. pp. 53, 54.]
Feb. 23.
Whitehall.
52. Order of Committee of Council. Referring to the Council of Trade and Plantations draft of new Revenue Bill for Jamaica etc. v. A. P. C. III. p. 74. Signed, Temple Stanyan. Endorsed, Recd. 1st, Read 4th March, 1725/6. 2 pp. Enclosed,
52. i. Mr. Attorney and Solicitor General to the Lords Justices. Report upon Representation of the Board of Trade upon the Revenue Bill transmitted to Jamaica. Aug. 5, 1725. Signed, P. Yorke, C. Wearg. 8½ pp. Enclosed,
52. ii. Amendments to Revenue bill sent from Jamaica, proposed by the Attorney and Solicitor General. 3½ pp.
52. iii. Traders and Planters of Jamaica, now residing in Great Britain, to Mr. Attorney and Solicitor General. Answers to some of the objections to the Jamaica Revenue Bill put forward by the Board of Trade. Signed, John Sadler and 12 others. 18 pp.
52. iv. Order of King in Council, 3rd March, 1725, v. A. P. C. III, p. 73.
52. v. Lords Commissioners of the Treasury to the King. 5th Oct. 1725. Report upon Jamaica Revenue Bill. Approve of Representation of Board of Trade. Signed, R. Walpole, Cha. Turner, Will. Yonge, Wm. Strickland. Copy. 3 pp.
52. vi. Mr. Stevensone to the Committee of the Privy Council. Suggests that, in the light of recent advices from Jamaica, a fresh report be made upon the whole matter of the Revenue Bill etc. Copy. 1½ pp.
52. vii. Draft of Revenue Bill transmitted from Jamaica, Jan., 1724. Copy. 12½ pp. [C.O. 137, 16. ff. 175–180, 183–193v., 195–198, 199–200, 201, 201v., 203–210v.]
Feb. 23.
Office of Ordnance.
53. Mr. Short to Mr. Popple. Papers in our office relating to Nova Scotia are ordered to be transmitted to the Council of Trade and Plantations as desired, 15th Feb. Signed, Edwd. Short. Endorsed, Recd., Read 24th Feb., 1725/6.½ p. [C.O. 217, 4. ff. 302, 330v.]
Feb. 24.
Admiralty Office.
54. Mr. Burchett to Mr. Popple. Reply to 16th Feb. Capt. St. Lo, Comander of the Ludlow Castle, now at Boston, will be ordered to proceed directly to Canso, and guard and protect the Fishery in those parts etc. Signed, J. Burchett. Endorsed, Recd., Read 25th Feb., 1725/6. 1 p. [C.O. 217, 4. ff. 304, 805v.]
Feb. 25.
Office of Ordnance.
55. Mr. Short to Mr. Popple. Encloses three plans of the Fort of Annapolis Royal with Major Mascarene's explanation and an estimate; etc., he being the Engineer appointed by this Office. Requests return of draughts. Signed, Edwd. Short. Endorsed, Recd. 25th Feb., 1725/6, Read 16th May, 1727.½ p. Enclosed,
55. i. (a) A description of Nova Scotia, its boundaries, climate, soil, settlements, and inhabitants, including Annapolis Royal, Manis, Copequid, Chignecto and Canso. Urges immediate settling of country and that the French inhabitants should no longer be tolerated in their non-allegiance, but have a test put to them. A force of 700 or 800 men is required to make them comply with the terms prescribed to them, etc. Signed, P. Mascarene, Major of Foot and Engeneer. Approved, as agreeing with the unanimous opinion of H.M. Council, Signed, R. Philipps, John Doucett. (b) Representation of the Governor and Council of Nova Scotia to the King. Annapolis Royal, 27th Sept., 1720. (v. C.S.P., 1720. Sept. 26th, No. xvii.) The whole endorsed as covering letter. 16 pp.
55. ii. Explanation of draughts of Fort of Annapolis Royal, 21st Nov., 1720. Signed, P. Mascarene. Approved, R. Philipps. Same endorsement. 2¾ pp.
55. iii. Estimate of materials and labour required for proposed building of fort at Annapolis Royal. Signed and endorsed as preceding. 2¾ pp.
55. iv. Account of material to be procured in Nova Scotia and of other materials required for proposed fort. Signed and endorsed as No. ii. 2¼ pp. [C.O. 217, 4. ff. 326–343v.]
Feb. 25.
Whitehall.
56. Council of Trade and Plantations to the King. Reply to 30th Dec, 1725. Have heard Mr. Douglas as to claim to lands in St. Kitts by Jeremiah Brown. Continue: As we do not find, that anybody pretends a claim in opposition to Mr. Brown, and that he and the persons under whom he claims have possessed and cultivated the same ever since 1715, propose that H.M. pleasure be signified to Govr. Hart that Mr. Brown remain in the quiet enjoyment thereof till H.M. pleasure be further known, and that in case Col. Hart shall have made any grants to dispossess Mr. Brown, that he immediately recall the same. [C.O. 153, 14. pp. 206, 207.]
Feb. 26. 57. Capt. Paul George to [? the Duke of Newcastle]. The many obligations I have to your Grace are reasons for my taking this liberty etc. Three years and half ago I came to this place under his Grace of Montagu's protection in order for the expedition to Sta. Lucia, which miscaried etc. Applied to Lord Carteret and was appointed Governor of Montserrat, "which I had been informed was more profitable than it proves to be the number of inhabitants not exceeding 400 whites, the neat salary from the Crown list £174: and upon my honnour My lord, le tour de bâton does not amount to twenty pistoles a year. I must owne my Lord that I have a company in Col. Lucas's regiment within this Govenment, that was a change from a purchase I made near two years before I left England" etc. Prays to be appointed to succeed Col. Hope as Governor of Bermuda etc., and begs his Grace "to think on Poor Paul" etc. Signed, Paul George. 3 pp. [C.O. 175, 1. No. 1.]
Feb. 26.
St. James's
58. H.M. Warrant to Attorney or Solicitor General to prepare a bill for appointing Devereux Bacon Clerk of the Naval Office, Piscataway, N.H., in place of Butts Bacon, decd. [C.O. 324, 35. pp. 161, 162.]
Feb. 26.
Boston.
59. Lt. Governor Dummer to the Council of Trade and Plantations. Refers to letter of 18th Jan., and following enclosures. Continues:—I am informed the Judges [of the Superior Court] have nevertheless proceeded finally to prohibitt the Court of Admiralty in the cases therein mentioned etc. Asks for the Board's directions therein, and refers them to papers transmitted to the Admiralty. Signed, Wm. Dummer. Endorsed, Recd., Read 28th April, 1726. 1½ pp. Enclosed,
59. i. Lt. Governor Dummer to the Judges of the Superior Court of the Massachusetts Bay. Castle William, 18th Feb., 1725(6). Suggests, upon following application, that they should stay executions on prohibitions already granted until August, when instructions may be expected to have arrived from home etc. Signed, Wm. Dummer. Same endorsement. Copy. 1 p.
59. ii. Petition of Officers of the Vice-Admiralty Court, Mass., to Lt. Gov. Dummer. Pray to be relieved against some prohibitions granted by the Supreme Court there in relation to seizures for breach of the Acts of Trade. The Vice-Admiralty Court for many years past in this Province and throughout all the Plantations has taken cognizances of such cases. But upon three such informations exhibited by Robert Robinson, H.M. Collector at Salem, the Judges of the Superior Court have prohibited the proceedings of the Vice Admiralty Court, declaring that the matters laid in the said informations ought to be tried in the Courts of Common Law. Admiralty and Commissioners of Customs have been informed etc. Signed, J. Menzies, Judge of the Vice-Admiralty Court, Robt. Auchmuty, H.M. Advocate, and John Boydell, Register of the said Court. Same endorsement. Copy. 2½ pp. [C.O. 5, 869. ff. 240, 240v., 241v.–244v.]
Feb. 28. 60. Mr. Whitaker to Governor Nicholson. Captain Rider has been detain'd by contrary winds in Rebellion Road a considerable time so that you will receive this as soon as those which I last addressed to your Excellency etc. The Assembly is prorogued till next month etc. Refers to their resolution concerning places, 3rd Feb. There was not one man who spoke in the President's justification etc. It is now confidently affirmed that wee are to see your Excellency no more in Carolina etc. Signed, Benja. Whitaker. Addressed. 2 pp. [C.O. 5, 387. No. 65.]