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| March 18. |
81. Mr. Fane to the Council of Trade and Plantations. Has no objection to six acts of Barbados, 1731, 1732, 1733. Signed, Fran. Fane. Endorsed, Recd. 18th March, Read 1st May, 1734. 12/3 pp. [C.O. 28, 24. ff. 35, 38 v.] |
March 19.
Montserat. |
82. Governor Mathew to Mr. Popple. Encloses following and two acts of St. Kitts mentioned therein etc. Signed, William Mathew. Endorsed, Recd. 7th June, 1734. Holograph. 1 p.[C.O. 152, 20. ff. 108, 109 v.] |
1734.
March 19.
Montserat. |
83. Governor Mathew to the Council of Trade and Plantations. It is afirmod here the French have actually yielded or sold their pretended right to the Island of Sta. Cruz to the Danes, and that these are going amain to settle it; that a person (calld Beverode) came from Holland to Sta. Eustatia in his way thither some little time ago commissiond to dispose by patent or grant from Denmark of forty or more settlements, and which is worst of all, a very great many of the poorer sort of H.M. subjects in this government, especially the wood cutters now on that Island, and from Anguilla, Spanish Town and Tortola seem determind to remove thither and become Danes. At St. Christophers my being present prevented none that had such intent from declaring it. And the spirit of turning renegado, if this accot, be true, will certainly extend even to Barbados. If this should be groundless, and your Lordships can certainly know the truth, pray excuse however the trouble I am giving you on this piece of news, which if true will be very fatal to these Islands, by diminishing our numbers, small enough already. The Danes adding tins Island to the settlements they already have among us, gives me no alarm from anything of danger can ever be hereafter apprehended from them in case of a warr with them. No, my Lords, they have always hurt us more by being at peace with us than at warr. A warr would soon ridd us of such neighbours. But whilst we are at warr with our most dangerous enemy the French, these neutral friends at St. Thomas have allways had their ports open to the French privateers, this was allways a safe retreat to Leeward for their privateers and their English prizes, when turning up to windward with 'em for Martenica or Guadeloup would have thrown them in the way of our station ships that might retake them, here too they found all intelligence, what of our shipping bound home and when, and worst of all, here our false brethren (even from these Islands) at noon day for an advance of but 5 p. ct. would supply them constantly with those sea provisions and stores without which half those privateers must have staid at home. This we sufferd all last warr when they had St. Thomas only. Since that warr they have had St. John's (an Island with a most excellent harbour, and nearer, even at our doors) yielded to them, and now 'tis said Sta. Cruz. I humbly submitt to your Lordships, upon what I have said, what could happen of worse consequence to these Islands. If His Majesty, whose wisdom foresees and knows what is vastly out of my reach, is pleasd to allow, of this yielding that Island to the Danes, I will say no more but rest convinced 'tis best it should be so. But if otherwise it be without his leave or consent, then give me leave, to add my poor sentiments on it. By what I can learn here, Sta. Cruz was first settled by the English, under a regular Government, the Governour commissiond from the Governour of these Islands, but it prov'd so very sickly and they afraid of the Spaniards that the English deserted it; one Johnson was then Governour of it, whose grandchildren are now settlers among us and he was tryd at St. Christophers for it. This must have been about the year 1640. The French finding the Island deserted, undertook to settle it, as they did. Hence began this pretended right, they took possession of what seem'd to have no owner, and so had seemingly a good title; but after holding it for some years, the unhealthyness of the place made them as weary of it, and joind hereto the efforts the French have many years been making (and which they have greatly at heart) to strengthen themselves on their part of Hispaniola (and I heartily wish their having the other part yielded to ym. may not be at hand) their king orderd all his subjects to be removd off Sta. Cruz to St. Dominique; but very warily kept as he imagind his title alive by renewing the Commission of Governour of that Island from time to time to his Lt. Governour on St. Dominique. But not a single subject of his remaind on Sta. Cruz. The English from these Islands then (on the same title the French did, if their former possession were none, that is finding the Island empty) resettled in some measure upon it; and so have continued about a hundred of them, only as wood cutters, but on no form of governmt. just as the French settled Sta. Lucia, and are actually now settled to the number of it may be four hundred on Domenica. The present Governour of the French Islands indeed wrote me a most impertinent insolent letter upon it about four years ago, and one of their men of warr burnt and took 3 English sloops there, but as then I laid that matter before his Grace the Duke of Newcastle, I don't trouble your Lordships with a recital of it now.—But, my Lords, H.M. by his 87th Instruction seems to direct me what to do in case of this new settlement made by the Danes. Must I drive them out of St. Thomas and St. John's? I pray your Lordships will please to direct me herein. I know not whether Sta. Cruz be deemed aVirgin Island within the intent of the Instruction, tho Crabb Island is. On St. Johns the Danes at present hardly have possession. Their negroes rose upon them about six months ago. At my first arrival I heard they had quelld their slaves, but it was not so, they have in a manner drove the Danes off, at least they dare not now attempt any more to reduce these negroes, who have allways beaten them, and are in a manner masters on that Island. The Governour of St. Thomas was even modest enough to desire I would send some of H.M. ships to reduce them, and I now learn a rash fellow from St. Christophers, in open defiance of my positive orders to the contrary, having made a compact with the Danish Governour went with his two sons and three or four and twenty more on this errand, that the negroes have killd one if not both his sons, and two or three more of his company, and beaten them off. Can this, my Lords, be done with impunity? I pray your orders on it. I now transmitt to Mr. Popple with the duplicates of the two Acts of St. Christophers giving me an additional sallary, an Act of that Island to oblige all owners, renters or possessors of slaves to send a proportion of their said slaves to work on the fortifications. I have only to observe to your Lordships on this Act, that the Assembly in one or two pass'd whilst I was in England had provided their joining in naming the supervisor of the works, bargaining with tradesmen and making all accountable to them. I have prevailed with them in this Act to recede from these pretensions. Of the Council at Montserat named to me in H.M. Instructions Anthony Hodges is in England, John White must be a mistake, there being no such person, and William Lyddell and John Bramley are dead. John Roberts I am wholly a stranger to, he is returnd to England and not expected back. There is no Lieutenant Governour in Montserat nor Nevis. H.M. by his 13th Instruction directs my naming a fit person to execute the said office. Will your Lordships approve of my naming such persons? It has not been yet observd, but such nomination is really absolutely necessary. The Commission and Instructions give powers to myself and Lt. Governours only, but not such to the persons we call here Presidents of the Council, and yet these have hitherto executed those powers, altho' not Lt. Governours. Can the 40th Instruction mean that I should lay before your Lordships evry removal of any Militia officer or Justice of Peace in order to be laid before H.M.? I beg your Lordships' orders on it. If a warr likely to break out, I beg yourLordships will please to direct my having sent me a draught of the Commissions and Instructions I am orderd to grant by H.M. 78th Instruction. I have taken up a great deal of your Lordships' time by this letter, I pray leave to conclude with desiring to be allways in your Lordships' favour, etc. Signed, William Mathew. Endorsed, Recd. 7th, Read 27th June, 1734. Holograph. 6 pp. [C.O. 152, 20. ff. 109–111 v., 113, 113 v., 117 v., (with abstract); and (extract) 152, 40. No. 39.] |
March 20.
St. James's. |
84. Order of King in Council. Approving following estimate, and ordering that the said quantity of shot be sent to Antigua as soon as conveniently may be, and that the expence thereof be made an article in the next estimate that shall be prepared by theBoard of Ordnance to be laid before the Parliament etc. Signed, Ja. Vernon. Endorsed, Recd. 1st, Read 20th June, 1734. 1¼ pp. Enclosed, |
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84. i. Estimate by Board of Ordnance of charge of shot to be provided for Antigua (v. 31st Jan.), £214 plus freight etc. £110. Copy, ¾p. [C.O. 152, 20. ff 103–104, 107 v.] |
March 21.
Whitehall. |
85. Council of Trade and Plantations to the King. James Laws, a Member of Council in Jamaica, being dead, propose in his room his brother, Temple Laws, who inherits his estate. [C.O. 138, 17. p. 396.] |
March 21.
Whitehall. |
86. Council of Trade and Plantations to the King. Recommend for confirmation, as being consistent with H.M. Instructions, Act of Antigua for support of Gov. Mathew etc. [C.O. 153, 15. p. 242.] |
March 22.
Whitehall. |
87. Order of Committee of Privy Council referring to the Council of Trade and Plantations the following Acts for their report. Signed, Ja. Vernon. Endorsed, Recd. March 28, Read June 18, 1734. Enclosed, |
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87. i. Certificate by Governor Belcher that the following Acts were passed, 1733. Signed, J. Belcher. 1 p. |
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87. ii. Four Acts of the Massachusetts Bay, (1) for granting unto His Majesty several rates and duties of impost and tunnage of shipping; (2) for apportioning and assessing a tax of £7987, 16s.; (3) for erecting the lower plantation at Houssatonnock into a township, by the name of Sheffield; (4) in further addition to An Act for making effectual provision for the calling of Precinct or Parish meetings. Printed. 16pp. [C.O. 5, 876. ff. 47, 48, 49–52, 53–56, 57, 57 v., 59 v.] |
March 22.
Whitehall. |
88. Order of Committee of Privy Council. Referring following to the Council of Trade and Plantations for their opinion thereon. Signed, Ja. Vernon. Endorsed, Recd. 2nd April, 1734, Read 8th June, 1737. 1 p. Enclosed, |
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88. i. Petition of Sir Charles Paine to the King in Council. Abstract. The island of St. Johns, one of the Virgin Islands, being under the same Government with the Leeward Islands, Governor Walter Douglass, Nov. 1713, granted to petitioner, in consideration of the great services done and losses sustained by him and his familyin the late wars in St. Christophers, a parcel of land bounded by Ramshead Point and Great Cruse Bay, and to John Burnet of St. Christophers a piece of land adjoining thereunto. Petitioner bought the latter, May 1728, for £500. In 1717 whilst the islands were under the command of General Hamilton, a small number of persons pretending themselves to be Danes, took up their abode and settlement there, of which petitioner and Burnet made immediate complaint toGeneral Hamilton, but could not obtain his leave to remove them, he declaring that he would go down to that island in the man-of-war and turn them off himself, which he never thought fit to do, but afterwards informed petitioner he was awaiting orders from Home. The Danes, conscious that they have no right to settle there, have made overtures of paying petitioner some acknowledgment not to disturb them, but he has refused to do anything therein without first obtaining H.M. orders therein. He is desirous to undertake the settlement and improvement of the island at his sole expence, if H.M. will make him a grant of the fee simple thereof, and give the necessary directions for dispossessing the Danes or obliging them to become petitioner's tenants etc. Settling the island under H.M. authority will be of great advantage to the trade, navigation and revenues of Great Britain etc. Copy. 3 pp. [C.O. 152, 22. ff. 348, 349–350, 351 v.] |
March 22.
Whitehall. |
89. Order of Committee of Privy Council. Referring following to the Council of Trade and Plantations for their report. Signed, Ja. Vernon. Endorsed, Recd. (from Mr. Hume) 2nd, Read 16th May, 1734. 1¼ pp. Enclosed, |
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89. i. Petition of Robert Wright, Chief Justice of S. Carolina, to the King. Charles Town, S. Carolina. Dec. 17, 1733. Petitioner was appointed Chief Justice under H.M. sign manual to Governor Johnson, 30th Nov., 1730 etc. Continues: Since the sd. appointmt. the Genll. Assembly of the said Province has passed an Act to prevent any delay of justice that may be occasioned by not drawing the jurys which are to serve at the next ensueing Court of Common Pleas, Genl. Sessions of the Peace, Oyer and Terminer Assize and General Goal delivery or on the days appointed for that purpose and for regulating the several Courts therein mentioned, by which Act the Govr. for the time being is impowered and required to nominate and appoint two or more assistant Judges or Justices of the Court of Common Pleas with power and authority to sit in judgmt. and hear and determine all causes in the said Court to be holden for ever hereafter in Charles Town togehter with the Chief Justice for the time being. Your Majty's Petr. as much as in him lay did in Council oppose the passing of the said Act as an encroachment on your Majesty's Prerogative and undoubted right of appointing Judges notwithstanding H.E. the Govr. did ratify the same and pursuant to the directions thereof has lately granted Commissions (therein reciting the said Act) to Thomas Deale and Thos. Lamboll Esqrs. persons entirely ignorant of the law, who according to the powers and authoritys in their said commissions granted do not only assume an authority of voting and overruling your Majty's. Petr. in all judicial acts which they think proper and of directing the Clerk of the Court in the presence or absence of your Majty's. Petr. to make such entrys in the records as they think fit to order, but also pretend to a right of taking and receiving sundry fees, perquisites and profitts appertaining and belonging to the office of Chief Justice which your Majty. has been graciously pleased to grant as aforesaid. These matters are humbly represented to your most Sacred Majty. as high encroachments on the Prerogative and manifestly tending to render ineffectual the Commission of Chief Justice of the Province. Wherefore your Majty's. humble Petr. most submissively prays that the same may be taken under your Majty's. Royal consideration and that your Majesty may be graciously pleased to give such Instructions concerning the same as your Majesty in your great wisdom shall think fit etc. Signed, Rob. Wright. Copy. 2½ pp. [C.O. 5, 363. ff. 50, 51–52, 53 v.] |
March 22.
Whitehall. |
90. Council of Trade and Plantations to the Committee of Privy Council. Report upon petition against Act of S. Carolina, 1731, for appropriating £104, 725 etc. In Feb. 1723 the whole amount of the paper bills in S. Carolina was £116,000 that currency, at which time an act was passed for calling in and sinking the paper bills etc., by which it was amongst other things provided, that all the bills of credit of the several classes or denominations of twenty pounds, fifteen pounds, twelve pounds and eight pounds amounting in the whole to £55,000 should be paid in from time to time to the publick Receiver or Treasurer for duties only, in order to be cancell'd and sunk as ye act directs. And it was further enacted that £8,000 more should be paid in, to the Commissioners of the Bank, in bills of the same denominations, to be cancell'd and sunk in the same manner, and the remaining bills of credit amounting to £53,000 not repealed by this act, are made current in all payments whatsoever; except for certain duties particularly named in the Act, untill effectual provision should be made for calling in and sinking the same, pursuant to the resolution taken by ye Genll. Assembly, in that behalf. But when the state of the paper currency in So. Carolina was under the consideration of this Board in Feb. 1730, the merchants of London did then by a memorial represent to us the ill state of this Province occasioned by their Indian wars etc., and humbly prayed that we would move H.M. to allow the Genll. Assembly to recall all ye old bills of credit, and in lieu thereof to stamp and issue new bills of credit to the amount of £100,000 and no more (which they have since done), and that the design of the abovementioned law of 1723 might be suspended for 7 years and the money applied for the use of poor Protestant settlers etc. Accordingly, Governor Johnson by his 20th Instruction was instructed to give his assent to a clause in some act for this purpose etc. provided ye Assembly should pass an effectual law for registring grants and regulating ye future payment of quit rents etc., and that ye clause for this suspension should be made part of yt. law. It appears by ye act now under our consideration that ye publick debt on 25 March, 1731, amounted to £109,775 1s. 3¼d., during which time no provision was made for ye payment of ye garrisons, scoutboats and other contingent charges of ye Government. On ye other hand at ye time of passing this act, ye sum of £40,000 was due to ye Province for duties owing by sundry merchts., by virtue of ye Act of 1723, etc. Such was the state of ye paper currency and of ye publick debt, at ye time of passing this act, wherein it is declared that ye duties arrising by virtue of an act passed in 1721 for granting to H.M. a duty on negroes, liquors and other goods etc. were computed to amount communibus annis to £13,000 per ann., of which £8,500 are supposed to arise from ye duty on negroes only. By the act in question, commonly called the Appropriation law, it is provided that orders should be forthwith printed and issued to ye amount of the aforesaid £104,775 1s. 3¼d. to be paid to ye creditors of the publick, out of ye duties on negroes, and bear an interest of 5 p.c. per ann. untill they shall be wholly paid. The abovementioned sum of £40,000, which ye act supposes to have been in ye hands of ye Treasurer for ye use of ye publick, and wch. hath since been actually paid to him, together with ye money yt. shall arise on ye duty on negroes, for ye term of seven years, estimated at £59,500, are appropriated towards ye payment of ye sd. orders, and interest, and ye remaining £5000, supposed residue of ye duties arising by virtue of ye act of 1721, are applied to ye uses prescribed in H.M. Instructions, for ye aid and relief of new settlers. Whereupon we take leave to acquaint yr. Lordships, that according to H.M. Instructions, the whole produce of ye sinking fund ought to have been appropriated for ye space of seven years, to ye better settling of ye Province, and after yt. term to ye calling in and sinking ye old paper bills, and yt. if by ye act now under ourconsideration, ye Assembly had in ye first place appropriated ye sinking fund to ye better settlement of ye Province, so far as ye same could have been expended in yt. service, and had then directed ye overplus of yt. fund to ye discharge of ye new orders and interest, this we apprehend might have been less liable to objection. But [by] ye distribution made of ye sinking fund in this act, ye intention of ye Crown for ye more effectual peopling of So. Carolina is in part defeated, and by allowing an interest of £5 per cent. pr. ann. upon the new orders of £104,775 1s. 3¼d., the produce of ye duty upon negroes, computed at £8,500 pr. ann., would not be sufficient for ye discharge, even of this new debt, in seven years, but would leave a deficiency of about £22,000 at ye end of that term, bearing an interest of £5 per cent., which must be provided for, either by the establishment of a new fund, or a continuation of ye old one, in wch. case ye negroe duty could not be apply'd to cancel and sink ye sd. bills that subsisted in 1723, before ye year 1741, which would be a great hardship upon ye merchants of this Kingdom, and an ill return for their acquiescence in ye suspension of ye sinking fund for seven years, in order to ye better settling, and for ye publick prosperity of ye Province.Wherefore upon ye whole we would propose to your Lordships to lay this act before H.M. for his disallowance. [C.O. 5, 401. pp. 91–94: and 5, 363. ff. 87–90.] |
March 22.
Whitehall. |
91. Order of Committee of Privy Council. Referring following to the Council of Trade and Plantations for their opinion thereon. Signed, Ja. Vernon. Endorsed, Recd. 9th May, Read 10th July, 1734. 1 p. Enclosed, |
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91. i. Petition of Merchants and others of the City of London trading to and interested in the Island of Jamaica. In spite of H.M. Instructions to Governor Hunter, 13th Nov., 1727, 10th Dec., 1731 and Order in Council of 13th Oct., 1732, he did in Aug. last give his assent to an Act for raising several sums of money etc., whereby a duty of £10 is laid on every negro etc. imported and sold in the Island. "In consideration of the premises and that the laying any dutys of importation or exportation on the trade or shipping of this Kingdom or putting any unequal taxations or any hardships on your Majesty's trading subjects is destructive of the commerce of Great Britain a discouragement to the increase of its Colonys and contrary to the 19th Article of your Majesty's Instructions to your said Governor" etc. pray that the act may have H.M. royal disapprobation and that no dutys be imposed on the importation or exportation of negroes nor any unequal taxes be laid on H.M. trading subjects etc. Signed, Rd. Harris and 15 others. Copy. 2½ pp. [C.O. 137, 21. ff. 75, 76–77, 78 v.] |
March 22.
Whitehall. |
92. Order of Committee of Privy Council. Referring following to the Council of Trade and Plantations for their report thereupon. Signed, James Vernon. Endorsed, Recd. 21st May. Read 10 July, 1734. 1 p. Enclosed, |
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92. i. Petition of the Governor and Company of Merchants of Great Britain trading ot the South Seas to the King. The Governor and Council and Assembly of Jamaica on the 1st day of August last passed an Act laying a duty of ten shillings current money per head on all negroes already imported in that island though not then sold and also on all negroes to be imported which should be sold in that island or the property thereof any ways altered there to continue for twelve months from the 30th of July 1733, to be payable by the purchaser etc. Petitioners humbly apprehend the said act is not consistent with the instructions of the Govr. and will not only prejudice the trade of Great Britain in general, but is a great injury and oppression to your Petitioners in particular. By your Majesty's Instruction of the tenth of December 1731 to the Governor of Jamaica the Governor is expressly forbid to assent to any law imposing dutys on negroes exported from Jamaica which have not been sold there and continued for the space of twelve months, which provision against laying dutys on negroes exported form Jamaica which had not been sold and continued there for twelve months was intended, as your Petitioners humbly conceive, as a restraint on that island from laying any dutys on your Petitioner's negroes brought in and exported from Jamaica for the supply of the Assiento or on any other negroes brought to that island by ye Guiney ships or other traders therein and which tho sold there were not intended to remain on that island, for that such negroes never continue there for so long a space of time. That by this Act there is a duty laid on all negroes in general which come to Jamaica and are sold there and no drawback allowed for such as are exported and have not continued 12 months in the said island. As this Act therefore under the colour of laying a duty payable by the purchaser only lays it in effect on all negroes that shall be exported either by your Petitioners for the Assiento or by other British marchants and is evidently calculated to defeat your Petitioners of the releif intended them by this Instruction. Your Petrs. humbly pray your Majesty will be graciously pleased to etc. repeal the said Act and give such further orders touching the premisses as may effectually prevent such practice for the future as to your Majesty's great wisdom shall seem meet. Signed, by order of the Company, W. Smith, Secry. Copy. 2 pp. [C.O. 137, 21. ff. 70, 71, 71v., 73v.] |
March 22.
Whitehall. |
93. Mr. Popple to Mr. Scrope. Reply to Feb. 13th relating to Agatha Campbell's claim etc. Continues: Before my Lords made their report (v. 23rd Feb., 1733), they did duly consider the same and see no cause to vary their opinion, it being for H.M. service that the right of Mrs. Campbell's shoud be purchased and extinguished, for as much as it will remain a doubt whether without this purchase, H.M. can grant any land in Nova Scotia. And this matter having been fully stated to the Lords of the Committee in the Board's report upon which their Lordships formed that judgement which has since been confirmed by H.M. in Council, my Lords Commissioners imagine their report will not require any alteration. But how ever with regard to Coll. Philipps's doubts, I am commanded to acquaint you, that before my Lords made their report, Mrs. Campbell produced to them conveyances from the three persons who formerly shared this right with her etc. Quote Mr. Fane's opinion as to proper method of extinguishing her claims (v. 4th March). Conclude:—With regard to the sum to be given for the said purchase, My Lords are of opinion that considering the annual quit rents which amount to about eighty or ninety pounds a year, and the right she claims to the Seigniory of this Province two thousand pounds may be a reasonable sum. P.S. Mrs. Campbell is in a very weak state of health, and should she dye, her right might then devolve on her children with whom it might not be possible for many years to compleat any bargain. If therefore the Lds. of ye Treary. should think fit to make any agreement wth. Mrs. Campbell, the sooner it is executed the better. [C.O. 218, 2. pp. 295–297.] |
| March 25. |
94. Petty expenses of the Board of Trade, Christmas 1733— Lady Day, 1734. v. Journal. 6 pp. [C.O. 388, 80. ff. 91, 92, 95, 96–97.] |
| March 25. |
95. The Treasurer's receipts and payments of the public money from Lady's Day, 1731–1734. Signed, Alexand. Parris, Treasurer [of South Carolina]. Examined and audited with the following objections by Ja. St. John, Depty. Auditor. Abstract, (i) The accounts as they now stand corrected exactly agree with the books of account of Alexander Parris, but Parris did not produce any vouchers to warrant the payment of the several sums charged in the debit etc., alledging that he had already produced such vouchers to a Committee of the Assembly, (ii) The said account principally concerns the receipt payment and application of duties imposed on negroes etc. appropriated by the Act for appropriating £104,000 etc., by the preamble of which £40,000 was owing to the Public, and was applyed by the said act to the payment of the public debts etc. But it does not appear by the annex'd account, that the said outstanding debt was ever paid to the Public, or the orders issued upon that account call'd in or cancelled, as the Deputy Auditor conceives ought to have been immediately done etc. But he has been informed by Mr. Parris that £27,000 only have been cancell, and that this was not done till May, 1733, and that the remaining £13,000 are to be called in in Jan. next, so that the same have been subsisting upwards of three years, a manifest evasion of the said act etc. The Act lias not been complyed with in respect of the £8500 arising from the negro dutys which are thereby directed to be filed, crossed and cancelled by the Treasurer every year, (iii) It appears that £41,650 have arose by the negro dutys etc., and that £18,982 0s. 11d. has been applyed towards the charge of marking out of townships and of bringing poor Protestants into S. Carolina, yet it not only appears that the remaining sum of £22,667 19s 1d have not been applyed towards calling in and cancelling the aforesaid £8500 according to the direction of the act, but that the same are still current, or have been re-issued and applyed to purposes not warranted by the said law. Parris has kept no account of the interest of 5 p.c. on the said orders, as directed by the act etc. Concludes:—The accounts of the said Alexander Parris are blended together without placeing the sums appropriated to particular uses under their proper and respective heads. And by that means his accounts are rendred difficult and perplex'd, that it is not easy to discover the misapplications that have been made. Lastly the Deputy Auditor objects against the stile and manner of the account, for that the Publick is made Dr. and Creditor. He humbly apprehends that the Publick has no moral existence in the Constitution. That all moneys for publick uses are granted to his most sacred Majesty etc. Endorsed, Recd, (from Mr. Furye) 19th May, Read 20th Aug., 1735. S6 pp. [C.O. 5, 364. ff. 94–135 v.] |
March 26.
Whitehall. |
96. Council of Trade and Plantations to Lords Commissioners of the Treasury. Enclose accounts of incidental charges of the Office, Christmas 1733—Lady Day, 1734, and request payment of quarter's salaries due. v. Journal. [C.O. 389, 37. pp. 352, 352.] |
March 26.
St. James's. |
97. H.M. Commission appointing Wm. Forbes Lt. Governor of Montserrat in place of Thomas Diggs. Countersigned, Holies Newcastle. Copy. [C.O. 324, 36. p. 467.] |
| March 26. |
98. Mr. Fane to the Council of Trade and Plantations. Report upon Act of New York for annulling fraudulent conveyance of Mary Davenport etc. (v. 15th Feb.). States the case of the Goodwins as represented to him by Mr. Paris. Mary, widow of John Miserol of New York, farmer, sold to James Brown for £2, the lands etc left to her by her husband. Brown conveyed the same, for the same consideration money, to John Price, who soon after married Mary Miserol, the conveyance being intended as her marriage portion. Price died in 1714, leaving his whole estate to his widow during her life, and after her decease to the children of his cousins John Alley and James Bennett of London. Jane Goodwin claims the estate as the only child of John Alley. Continues; The question 1 apprehend that arises before your Lordships upon this act is whether it was reasonable or just for the Legislature to interpose and pass a law by which a conveyance is set aside as fraudulently obtained without ever hearing the parties concerned in interest and who were infants and in England at the time of passing it etc. The reason given in the recitall of the act for this extraordinary and unprecedented method of proceeding was sinister insinuations and practices upon Mary Miserol when she was sole. If that was the case there was no necessity of proceeding in this way, the Courts of Justice were open. They have power to enquire into frauds and to give releife, and then all proper parties would have been before them and no injury or prejudice could have been done to anyone. But what proofe the Legislature had of such sinister insinuations and practices does not appear to me, for I observe this conveyance [to John Price by James Brown—Ed.] was made upon an intention of marriage, which marriage afterwards took effect. He was in possession of it, the deed enrolled, she a power of disposing it, her children provided for, and from 1714 to 1717 no complaint made of it; and the act was depending before the Legislature till 1719 before they could be prevailed on to pass it, tho' no opposition appears to be made against it. But I beg leave to say, supposing the Legislature had the strongest proofe of fraud in the obtaining the said conveyance, and all parties had been heard, yet in my humble opinion that was not proper way of trying and determining a matter of fraud: But in this case there is not the least colour for confirming the act; no injury is done to the children of Miserol, by disallowing this act; for they have still an opportunity of trying in a proper Court the validity of this deed: But that is not the case of Goodwin and his wife, for if this act passes, they are entirely debarred of trying the right they claim under the will of Price or ever of being heard; which is so contrary to all the rules of our Constitution that without troubling your Lordships with any further observations, I am humbly of opinion, that this act ought to be disallowed etc. Signed, Fran. Fane. Endorsed, Recd. Read 26th March, 1734. 4¼ pp. [C.O. 5, 1056. ff. 02–94, 95 v.] |
March 27.
Charles Town, So. Carolina. |
99. Mr. Fox to the Council of Trade and Plantations. Encloses list of vessels entered and cleared at Charles Town for quarter ending Lady Day 1734. Signed, Jos. Fox, Naval Officer. Endorsed, Recd. 12th, Read 12th June, 1734. 1 p. [C.O. 5, 363. ff. 65, 68 v.] |
March 27.
Whitehall. |
100. Council of Trade and Plantations to the King. Recommend for confirmation, Act of St. Xtophers cutting off all estates tail etc. appointed by Clement Crooke deed, etc., "as this act has lain in our Office above six months during which time no objection has been offerd to us" etc. [C.O. 153, 15. p. 243.] |
| March 28. |
101. Mr. Fane to the Council of Trade and Plantations. Has no objection to Act of Nevis for establishing Courts of King's Bench and Common a pleas etc. Signed, Fran. Fane. Endorsed, Recd. 30th March, Read 31st Oct., 1734. ¾ p. [C.O. 152, 20. ff. 141, 146 v.] |
| March 28. |
102. Mr. Fane to the Council of Trade and Plantations. Has no objection to 13 Acts of Jamaica passed in 1731–1733. Signed, Fran. Fane. Endorsed, Recd. 30th March, Read l8th July, 1734. 3 pp. [C.O. 137, 21. ff. 79–80 v.] |
March 28.
Kolla Building' Fetter Lane. |
103. Mr. Paris to Mr. Popple. Encloses following, hoping to attend the Board to-morrow. Signed, Ferd. John Paris. Endorsed, Recd. 28th, Read 29th March, 1734. Addressed. Sealed. ½. p-Enclosed, |
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103. i. Petition of Thomas and Jane Goodwin to the Council of Trade and Plantations. 29th March, 1734 (cf. 15th Feb.). Petitioners are absolutely deprived of their inheritance by a private act of Assembly passed in New York in 1719 etc., and are debarred even from trying by law whether they have, or ever had, any right to the farm etc. therein mentioned; which is a pretty uncommon case and if it grows into usage may make very short work with the rights of persons who live in Great Britain and have estates in the Plantations. Petitioners are informed that Messrs. Fane and West have reported the said act as not fit for the approbation of the Crown, but that your Lordships have some doubts by means of a paper, which the late Governor layd before your Board etc. Asks for copy of said act before the further consideration of the matter appointed for Wednesday next. Signed, for the petitioner, Ferd. John Paris. 1 p. [C.O. 5, 1050. ff. 98, 99, 101 v.] |
March 29.
St. Martin's Library. |
104. Mr. Humphreys to Mr. Popple. Requests return of Act of New York referred to Feb. 13. Signed, David Humphreys. Addressed. 1 p. [C.O. 5, 1056. f. 84, 85 v.] |
March 29.
Treasury Chambers. |
105. Mr. Leheup to Mr. Popple. Asks for return of Order in Council mentioned 13th Feb. Signed, Peter Leheup. Addressed. 1 p. [C.O. 217,7. ff. S, 9 v] |
