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Jan. 1.
No. Carolina.
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1. Governor Burrington to the Council of Trade and Plantations.
Abstract. North Carolina continues in perfect quietness ;
peace and good order subsist throughout the whole Province.
This is owing to his industry in visiting the several districts and
encouraging the Magistrates to discharge their duties, and
countenancing them by his presence in the precinct courts.
"This method, to me very troublesome and expensive, has proved
effectual, in resetling the authoritys of the Judicature, and restraining
profligate, lawless men from unruly actions. There is not
one clergyman of the Church of England regularly settled in this
Government. The former missionarys were so little approved of ;
that the inhabitants seem very indifferent, whither any more
come to them. Some Presbyterian, or rather Independent
Ministers from New England have got congregations, more may
follow ; many of them being unprovided with liveings in that
country ; where a preacher is seldom pay'd more, then the value
of 20 sterling a year by his parishioners. The Quakers in this
Government are considerable, for their numbers, and substance ;
the regularity of their lives, hospitality to strangers, and kind
offices to new settlers induceing many to be of their persuasion.
Plantations continue to sell very cheap, those with houses, barns,
orchards, gardens, pasture, and tillage grounds fenced yield
about thirty or forty pistoles ; notwithstanding the work done
upon them, oft'times has cost four times as much, the reason
they yield no more is, that several people chuse to remove into
fresh places, for the benefit of their cattle, and hogs, which is a
great convenience to new commers, who may allways buy convenient
settlements for less money then the buildings, and other
improvements could be made." Instances case of a planter from
Virginia who bought 11 such plantations and works them with his
wife and ten negroes, whilst the 100 former white inhabitants
have moved on. Trade is on so bad a footing that people who
traffic with New England and Virginia lose half the value of their
goods. The remedy is to open a port on Ocacock Island. Most
traders in London believe the coast is very dangerous, but this is
not so. There are no more than three shoals in 400 miles. Cape
Fear River, Beaufort and Ocacock are very good harbours and
will admit the largest merchant ships, as may be seen by the
drafts he had made and sent to the Lords of Trade. "Great is
the loss this country has sustained, in not being supply'd by
vessells from Guinea with negros ; in any part of the Province the
people are able to pay for a ship's load ; but as none come
directly from Affrica, we are under a necessity to buy the refuse,
refractory and distemper'd negros, brought from other Governments ;
It is hoped some merchants in England will speedily
furnish this Colony with negros, to increase the produce and it's
trade to England. I had been allmost a year in the Government,
before people began to enter land. Edward Moseley, Surveyor
General of the late Lords Proprietors, and his Deputys, more
especially Mr. John Ashe etc. had been guilty of many vile frauds,
and abuses in surveying ; one of their practices was, to survey
without warrants for gratifications ; to men that inquired into
the validity of those surveys the Deputys answered, they were
right and good. Near upon a year since, Mr. Rice the Secretary
entered some lands held in that manner, and keeps them ; this
put several men, who had no other titles then the Deputy
Surveyors could give them, upon makeing proper entrys ; many
others have them still to make, of lands they have been in possession
of seven or eight years, without paying quitt-rents. The
method I take in signing warrants (related in a former paper) has
effectually put an end to unfair practices in takeing up of land
etc. ; as the old land jobbers are now restrained from getting
mony by selling warrants and entrys, they complain, but all
honest men approve etc. Upon application from some men who
imploy their slaves chiefly in making tar and pitch that less
quantitys would be made, and their business cramp'd, if they
were not permitted to take up more then fivety acres, for each
person in their familys, I was prevailed upon to sign warrants,
for a small quantity beyond that complement ; the land was
barren and unfitt for cultivation. In this country is a law called
the Lapse Act, which seems to allow every man the liberty to take
up 640 acres, and it was never refused anyone, in the time of the
Proprietors etc. Will be careful to observe his Instructions on
this head. Continues : A gentleman liveing in Virginia, reputed
rich, and owner of above 100 slaves, desired to enter 5000 acres of
land, part of a Savanna, between Pamticough and Nuse River ;
I went to view this place, and think I never did ride over worse
land, I granted the gentleman's request, am not able to judge
what use he designs to put it to, in my opinion the whole is not
worth one shilling. There are millions of acres of Savanna land
in this country, if they were taken up the King's rents would be
much increased. The Instruction for takeing up land (if not
altered) will greatly obstruct the peopleing of this Province.
Not an hundredth part of the grounds are plantable ; the barren
pine-lands will never be cultivated ; the several sorts of wet lands,
called in these parts Dismals, Pocosans, Swamps, Marishes, and
Savannas, cannot be cleared and drained, without great charge,
and labour, therefore not hitherto attempted. The sure way to
increase the quitt-rents, will be to allow all men liberty to take up
what quantitys, of these barren and well lands they are willing
to pay the rent off, without being tyed down, to obligations of
cultivateing soils, that cannot recompence the charge of any
labour. It is obvious how prejudicial it must prove to this Colony
should the quitt-rents be higher here, then in all other Governments
etc. Were only the good lands to be taken up, the quittrents
will increase but slowly ; but if all the poor lands were
patented, the revenue will amount to a considerable sum etc.
North and South Carolina contain above one hundred millions of
acres ; not five millions are patented in both countrys etc. Land
is not wanting for men in Carolina, but men for land. Several
sawmills have lately been erected in the south parts of that
Government, and others are now building. Two petitions were
delivered to me in Council, 3rd Nov. last, on behalf of Proprietors
of sawmills etc., praying grants of lands lyeing near their respective
mills ; which is deferred, to such time as I can receive orders
about it. The granting of 5000 acres or more, to each owner of a
mill, cannot be a prejudice to any person, and may increase the
quitt rents, one, or two hundred pounds pr. annum. The petitions
and resolve of Council in answer are incerted in the Journals. The
reputation this Government has lately acquired, appears by the
number of people that have come from other places to live in it :
many of them possessed of good American estates. I do not
exceed in saying 1000 white men have already settled in North
Carolina, since my arrival, and more are expected. This increase
of inhabitants, made it necessary to erect new precincts. On
receiveing petitions from those that lived remote from Court
Houses, setting forth the hardships they laboured under, at great
expences and loss of time in attending Courts from great distances,
to ease these people, three new ones have been made ; the bounds
are incerted in the Council Journals. I have taken great care,
and gone thro' much fatigue in settling the Militia ; which had
been totally neglected, dureing Sr. Richard Everard's Administration ;
two Colonels dyeing last summer prevented my receiveing
list of their regiments etc. Was prevented by a frost in November
last when setting out to finish that affair. Is certain that the
Militia consists of 5000 men, and at least another 1000 are not
enrolled. Computes the white men, women and children to be
full 30,000, and the negroes about 6000, the Indians less than 800.
Continues : The last spring and summer proved excessive hot and
dry, which rendered this and neighbouring Provinces very sickly,
feavers and bloody fluxes made great havock among the people ;
violent heats, and want of rain, damaged the crops so much that
there is scarce sufficient grain made this year to suffice the
inhabitants, who usually exported great quantitys. Mr. Palin
succeeded Mr. Smith as Chief Justice, upon the departure of the
last for England ; being incapacitated by sickness, resigned etc. ;
with the approbation, and consent of the Council, I appointed
Mr. Little Chief Justice, because there was no other person in this
Government capable of duly executeing that imployment. This
Gentleman was Attorney General, and Receiver, of the Quittrents,
to the Lords Proprietors ; is heavily charged by Sr. Richard
Everard, and Mr. Smith, with accusations of concealments, and
embezzlements, amounting to a great sum ; but it is well known,
he never received by the sale of lands, and for quitt rents 1000
sterl. etc. I think the accounts he has delivered are fair and just,
Refers to his answer to Mr. Smith. "I think he is an honest man,
and am sure he is a very good lawyer and in all respects well
qualifyed" etc. Continues :After the decease of Colo. Joseph
Jenoure, Surveyor General of H.M. lands, Mr. Lovick was appointed
to succeed him ; This gentleman is also virolently attacked by the
Knight and Squire before named etc. because they refused to join
in the designs formed against me etc. Mr. Lovick can be of
singular use and service, in the next Assembly, by helping me to
draw bills, being on the conferences between the Council and
Assembly, and many other ways. It is impossible for one man
to do everything requisite dureing the sitting of an Assembly etc.
If Mr. Lovick do's not assist, it will fall to my lot to have all that
to do, the other Members of the Council are not inclined or not
capable etc. Hopes Mr. Lovick will be continued in his present
employment or some other etc. The Act for resurveying land is
framed artfully, and fraudulently, if the law is repealed, and
everyman has liberty to resurvey, at his own expence, any
plantation, where he knows more land is held, then specifyed in
the patent and have liberty to take up the overpluss, a multitude
of frauds and concealments will be discovered, and the quitt-rents
increased without puting the King to any charge. I have been
informed, Moseley when Surveyor did make surveys in his own
house, and plotted out land upon paper, with bounds by waters,
trees and other signs, and tokens, that he never saw, nor knew
anything off, includeing much more then in the returns sett forth,
for which patents went out in course. By all I can hear, his
deputys seldom measured, but contented themselves, to mark
two trees in front for corners, and then guessed the other bounds,
and so returned the pretended surveys into the Secretary's Office.
A commission was drawn for the erecting a Court of Exchequer
and layd before the Council last November, several objections
being made to it, the present Chief Justice, with two of the Council,
were appointed to consider thereof, make alterations, if they see
cause, and lay them before the next Council to be considered ; in
the mean time, the lawyers in Virginia, have been desired to give
their opinions, upon several matters we are not clear in. It is
thought by every man here, that this country is not without a
Court of Exchequer at this time ; The General Court under the
Proprietors, had the powers, of the King's Bench, Common
Pleas, and Exchequer granted them ; which Court is no ways
altered, but invested with as full powers as heretofore. All the
time Sir R. Everard governed, the publick roads were in a manner
unregarded, one markt by my order when Governor for the
Proprietors, from Nuse to Cape Fear River, about 100 miles,
remain'd unwrought upon etc. The last summer I prevailed upon
the men liveing in that part, to take in hand that necessary work,
which was chearfully and effectually performed, bridge lay'd, and
causeways made over all the waters, and morasses ; it is the way
men travel, that go from this, and the more Northern Governments
into South Carolina. Haveing succeeded in that affair,
I made a journey to the inland parts, and proposed to those
people, makeing a road from the borders of Virginia to Cape
Fear River, through the middle of the country, a considerable
distance higher than the former, which they readily assented too,
proper measures are taken for marking and laying out the said
road this winter, I hope to see it perfected, before the next
Christmass. The old high ways, that I found very much in decay,
are tolerably well repaired ; what remains wanting, will be easily
compleated in the spring" etc. Nothing has been done in respect
to the boundary with S. Carolina etc. If a line is run, it must
prove a great expence to the King, etc. Proposes Pedec River as
a natural division etc. Has made up the Council to seven, and
proposes fit persons for filling the remaining vacancies. Hopes
that Mr. Ashe and Mr. Rice will be removed. The present
Attorney General, John Montgomery is without the requisite
understanding for H.M. service in that office, which requires
capacity and knowledge of the law etc. Continues :Part of
the King's business is delay'd, by the absence of the Deputy
Auditor, and Receiver General. No quitt-rents have been pay'd,
nor accounts audited in North Carolina, since H.M. purchased this
Province. North Carolina was little known or mentioned, before
I was Governour for the Proprietors ; when I came first, I found
the inhabitants few and poor, I took all methods I thought would
induce people to come from other countrys to settle themselves
in this, and put myself to very great charges in makeing new
settlements etc., succeeding according to my expectation in all ;
Perfecting the settlement on Cape Fear River cost me a great sum
of money, and infinite trouble. I endured the first winter I went
there, all the hardships could happen to a man destitute of a
house to live in, that was above 100 miles from a neighbour in a
pathless country, and was obliged to have all provisions brought
by sea at great charges, to support the number of men I caryed,
paid, and maintained at my sole expence. It can hardly be
imagined what pains I took in sounding the inletts, barrs, and
rivers in this Province ; which I performed no less then four
times ; I discovered, and made known, the channels of Cape Fear
River, and Port Beaufort, or Topsail Inlett etc., and never obtained
any reward but the thanks of two Assemblys etc. Horses and
cattle were of very little value in this country before Cape River
was inhabited. As very few men came there provided with these
creatures, they were obliged to purchase them in the old settlements,
which doubled their price etc. Set out, N.C. Col. Rec. III.
429. Signed, Geo Burrington. Endorsed, Recd. 1st June, Read
25th July, 1733. 6 pp. [C.O. 5, 294. ff. 72-75 v.].
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Jan. 1.
No. Carolina.
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2. Same to the Duke of Newcastle. Duplicate of preceding,
mutatis mutandis. 7 large pp. [C.O. 5, 308. No. 16.]
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Jan. 3.
Whitehall.
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3. Duke of Newcastle to the Council of Trade and Plantations.
H.M. having been pleased to appoint Richard Fitzwilliam Esqr. to
be Governor of the Bahama Islands, I am to desire you will prepare
draughts of a Commission and Instructions for him etc. Signed,
Holles Newcastle. Endorsed, Recd. 3rd, Read 9th Jan., 173.
p. [C.O. 23, 3. ff. 52, 53 v.]
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Jan. 3.
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4. Mr. Fane to the Council of Trade and Plantations. Has
no objection to the Act of Antigua to repeal part of the Act constituting
a Court of Chancery etc., which appears to be perfectly conformable
to H.M. Instruction of Dec. 1731 etc. Signed, Fran. Fane.
Endorsed, Recd. 4th Jan., Read 6th March, 173 1 p. [C.O.
152, 19. ff. 143, 148 v.]
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Jan. 5.
Boston.
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5. Governor Belcher to the Council of Trade and Plantations.
Encloses Journals of Assembly, whom he dismissed yesterday
at their own request. The Board will easily observe from them
"that the House of Representatives are continually running wild,
nor are their attempts for assuming (in a manner) the whole
Legislative, as well as the executive part of the Government into
their own hands to be endur'd with honour to His Majesty. Your
Lordships will find upon the King's Council's not agreeing to their
vote of taking the publick affairs of the Government into their
own hands, in the recess of the Court, they made a vote yesterday
fully impowring a Committee of their own House to write the
Agent from time to time on the Address and Memorial of both
Houses. This most certainly is assuming a power they have no
right to, unless the Address, and Memorial had been only from
themselves ; Had they sat a few days longer, I should have
expected they wou'd have voted H.M. Council an useless part
of the Legislature. I have, My Lords, according to my duty, to
the King, been representing to your Lordships for eighteen
months past, the great difficulty under which this Province
labours, thro' the perverseness and obstinacy of the House of
Representation, (or rather of a few designing men of influence
among them) and really, My Lords, matters seem now to be
hastening to a crisis,that I can't apprehend the King's Government
here can subsist any longer, without His Majesty's immediate
care. The Officers and soldiers will certainly desert all the forts
and garrisons, being naked, and unable to do their duty for want
of their just pay" etc. Refers to enclosed petitions, which he has
laid before the Assembly to no purpose, and to the survey of the
forts he sent some two years ago. Since then he has surveyed the
forts on the Eastern frontier and Castle William, the principle
fortification and key of the country. The forts on the frontier
are all dropping down, and Castle William wants a large repair.
To these things he has had no answer from the Board, for which
he now begs. Continues :For really, My Lords, if things
continue, or still grow worse, this Government and Province is in a
fair way to fall into all confusion, and to be lost ; I humbly beg
your Lordships seriously to consider all I have and do write, and
that you wou'd lay the state of this Government before His
Majesty according to your wonted justice and wisdom." Their
Address and Memorial are mostly filled with the old history of the
country, calculated more to move the passions of mankind than
anything else. The dispute as to the supply of the Treasury he
thinks must entirely turn upon the words of the Charter, and
hopes His Majesty will steadily abide by His royal orders, for the
safety and honour of His Government, and for the best good of
His subjects here. Will continue, as he has always done, to
support H.M. right and authority, and to protect the liberties of
the people etc. Set out, Mass. Hist. Soc. Coll. 6th Ser. VI. 240.
Signed, J. Belcher. Endorsed, Recd. 20th Feb., Read 30th Aug.,
1733. 7 pp. Enclosed,
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5. i. Petition of Officers and Soldiers of H.M. Castle William to
Governor Belcher. 10th Nov., 1732. It is now about
twenty months since they received any pay from this
Government for their service at the Castle. For want
thereof, many of their families have been put to distressing
difficulties, and petitioners are unable to undergo
the hardships of watching in the night time and doing
their necessary duty for want of necessary clothing etc.
They cant' subsist much longer without their wages,
which they think they are well and justly entitled to
receive etc. Pray for relief etc. 36 signatures. Endorsed,
Recd. 20th Feb., 173. Copy. 1 pp.
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5. ii. Petition of Officers and Soldiers of H.M. Fort Mary to
Governor Belcher. 15th June, 1732. Petitioners are
reduced to very low and desperate circumstances, having
received no pay since Sept. 25, 1730 etc. Some of them
have scarcely clothes to cover their nakedness. The
fort is in a ruinous condition, the storeroom so rotten
that they are afraid of its tumbling down every day.
The lodging rooms are more like a barn than a King's
Fort, being so open that the rain and snow have a free
passage. They have had no powder for ten months,
but only one barrel purchased by Capt. Woodside, the
last of which was expended on H.M. Coronation last
October. Pray for relief. Twelve signatures. Endorsed
as preceding. 1 p.
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5. iii. Memorial of John Larrabee, Lt. and Victualler of H.M.
Castle William, to the Governor, Council and Representatives.
For want of the ordinary annual supply for the
provisions of the Garrison, he is now upwards of 1400
in advance etc. Prays for due encouragemt. to bring
forward his victualling accounts for payment etc. Signed,
John Larrabee. Subscribed,
(a) In the Council Dec. 1st, 1732, Read and sent down
and recommended.
(b) In the House of Representatives, Dec. 1st, 1732,
Read.
Copy. Examined for J. Williard Secry. Same endorsement.
1 pp.
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5. iv. Petition of Officers and Soldiers of H.M. Fort George at
St. George's River to Governor Belcher. July 17, 1732.
Petitioners have not received any pay since May 18,
1731, and are reduced to very low and distressing
circumstances, being unable to secure clothing to keep
them from the injuries of the weather etc. Pray for
relief. 16 signatures. Same endorsement. 1 p.
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5. v. Petition of Officers and Soldiers of H.M. Fort George at
Brunswick to Governor Belcher. Petitioners have not
received any pay since Sept. 28, 1730 etc. as preceding.
13 signatures. Same endorsement. Copy. p.
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5. vi. Memorandum on the dispute as to the supply of the
Treasury, referred to in covering letter. Answers
objection that, if the Governor and Council by the
Charter have the sole power of disposing of the public
money, then the General Assembly have no authority
to allow any particular sum whatsoever, including the
salaries of the Governor and other public officers etc.
Same endorsement. Without date or signature. [C.O.
5, 875. ff. 132-137, 138, 138 v., 139 v., 140 v., 141 v.-142,
143, 144, 144 v., 149 v., 150 v., 151 v.]
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Jan. 5.
Boston.
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6. Governor Belcher to the Duke of Newcastle. Duplicate
of preceding, mutatis mutandis. 8 pp. Enclosed,
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6. i. Petition of Officers and Soldiers posted at H.M. Fort
Mary to Governor Belcher.
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6. ii-v. Duplicates of preceding enclosure.
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6. vi. Capt. Phipps to Governor Belcher. Nov. 29th, 1732.
As Commander of Castle William, represents the ruinous
and defenceless state of the fortifications and refers him
to following account. Signed, Spencer Phipps. Copy.
p.
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6. vii. Accompt of repairs necessary at Castle William. Signed,
Spencer Phipps. Copy. 1 p.
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6. viii. Petition of Officers and Soldiers of H.M. Fort Richmond
to Governor Belcher. Petitioners have not received any
pay since May 31, and cannot therefore provide themselves
with the necessary clothing etc. 17 signatures.
Copy. 1 p. [C.O. 5, 899. ff. 1-12, 14, 16, 18, 18 v.,
20, 20 v., 22, 23, 24.]
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Jan. 8.
Boston.
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7. Governor Belcher to the Council of Trade and Plantations.
I have lately done myself the honour of writing your Lordships
pretty fully upon the publick affairs of this Province, and it had
been a great pleasure to me to have been able to have given your
Lordships a better account of the dutifullness of the House of
Representatives to His Majesty. But as it is my inclination as
well as my duty to represent things as they really are, with your
Lordships' favour, you must take them from me as you find them.
What I have now to add is with respect to my own support, in
which I have a hard, severe case. By my last letters from London,
I find H.M. had not sign'd the leave for taking the money voted
me by the Assembly in June last nor can it be now expected till
April, so that I am oblig'd (in support of the King's honour) to
spend what I hope for for my support twelve months before I
receive it, and in case of my death to run the hazard of my family's
losing the whole money (as is the case of the family of my late
predecessor). My Lords, the publick prints of Europe and
America are my witnesses, and so are all my private friends, that
nothing has been omitted in my power for H.M. honour and
interest, and for the good of his subjects. Why then must I
be under so severe a punishment, or can it be consonant to reason
and justice, or the rules of honour, that I must be starv'd because
of my strict conformity to my duty and obedience to the King?
And must not such a situation as I am in cut the sinews of the
King's Government, and dishearten a faithfull servant : I beg
your Lordships to feel a little with me, and whether you wou'd
not think it hard to spend your lives in a faithfull attendance on
H.M. service, and to support his honour, in your stations, and all
at the expence of your own fortunes? Certainly the labourer is
worthy of his hire, or a faithfull servant of his just reward. And
as Instructions of the nature of mine were given to my predecessors
for more than thirty years past, and what the people never
comply'd with ; But a liberty was always given to prevent the
Governor's starving, and since His present Majesty has already
done it to me, with great submission to your Lordships, I don't
see that it will be derogatory to H.M. honour to give me a general
leave for taking my support of the Assembly till he shall according
to His royall wisdom, inforce His own Instructions. Every
possible thing has been done on my part towards it, certainly then
I ought to be paid out of the Royal Exchequer at home, or by a
leave to take it here ; and if the latter shou'd not reach me by the
month of April next, there must be a dissolution of the present
Assembly, and I shou'd then expect the 3000 voted me in June
last to be intirely lostthe Assemblies here are so humersome and
capricious. Let me then once more intreat your Lordships that
I may not go on to be so severe a sufferer etc. Signed, J. Belcher.
Endorsed, Recd. 20th Feb., Read 30th Aug., 1733. 6 pp. [C.O.
5, 875. ff. 145-147 v., 148 v.]
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Jan. 8.
Boston.
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8. Same to the Duke of Newcastle. Duplicate of preceding,
mutatis mutandis. Signed, J. Belcher. 6 pp. [C.O. 5, 899.
ff. 26-28 v.]
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Jan. 9.
Boston.
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9. Same to the Council of Trade and Plantations. Abstract.
The Address of the two Houses to the King and their Memorial
to the House of Commons quote an Act of 1693 in support of the
Assembly's claim to examine and order payments of particular
accounts. But in fact that act directed the sum granted by it to
be issued according to the orders of the Governor and Council
etc. Admits that some small deviations from the rule have been
passed over, in order to avoid controversy. Concludes :But
now that they set up a claim to examine all accounts and intirely
to divest the Governour and Council of the power of disposing of
the public money and thereby to make an essential alteration in
the form of the Government establish'd by Charter, it is highly
necessary that His Majesty should assert his own right, which has
been so manifestly invaded by this new practice. Set out, Mass.
Hist. Soc. Coll. 6th Ser. VI. 246. Without signature. Endorsed,
Recd. 20th Feb., Read 30th. Aug., 1733. 6 pp. [C.O. 5, 875.
ff. 152-154 v., 155 v.]
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Jan. 8.
South Carolina.
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10. Governor Johnson to the Council of Trade and Plantations.
The fate of the Quit rent rate Law, will probably be
resolved by the time your Lordships receive this letter, it contains
a part, which may much conduce to H.M. service, or if it be not
disannull'd, I must beg leave to recommend to your Lordships
that the repeal be retarded of a twelve month longer. It enacts a
clause for the registring all deeds and titles in the office of H.M.
Auditor, or his deputy, within the space of 18 months after the
passing the Act, or that such titles be forfeited, if not registred
within eighteen months after the said office is erected in Charles
Town, and publick notice thereof given. On the 27th of November,
1731, a printed advertisement was published by Mr. St. John's
deputy, declareing that James St. John, Esqr., was Auditor
General for this Province ; and had open'd in Charlestown his
said office of Auditor etc. Mr. Walpole was known to be Auditor
General of America, and Mr. St. John being askt if he was Mr.
Walpole's Deputy, he insisted Mr. Walpole could have no right to
be Auditor of S. Carolina, because his patent was prior to H.M.
purchase, and St. John assumed the place of Auditor General
under colour of being Inspector and Comptroller ; the reality of
his office was then impeach'd and the Secretary of this Province
claimed the right of registring ; in order to forward somewhere
the expedition of a rent roll, my Council and I took it under
examination on the 10th of June last. Mr. St. John thought
proper then to acknowledge Mr. Walpole's right, and produced a
deputation from him ; we then resolv'd the right of registring to
be vested in Mr. St. John as Deputy Auditor which was accordingly
publish'd. Should your Lordships be therefore of opinion to
retard the repeal of the law for the sake of obtaining H.M. a rent
roll, the commencement of the eighteen months will be most
indisputable from the 10th of June, 1732. We have some cavilling
lawyers here, to improve such opportunities, for defeating the
effects of the law, and creating contention ; I doubt Mr. St. John's
adviser, one Whitaker, industriously set him astray in the former
particular, on purpose to raise disputes about it ; and it had very
great effects ; for the recording of deeds was much retarded,
but that right is now unquestioned. The Assembly here attempted
a bill to prolong the time of registring, but I refus'd my concurrence.
I have had some applications to me for the signing of
grants at the old reserv'd quitt rents, upon produceing purchase
receipts under colour of the quitt rent roll act. But while H.M.
pleasure is unknown upon it, I have all along avoided acting in
such conformity, or to pass any grants to give strength to patents.
I think myself happy that by such cautions, if H.M. does not
think proper to affirm it, his interest will be no way prejudiced,
but like to receive a considerable benefit by getting a rent roll
after the proposed method. Your Lordships will probably
recommend the new plan of a law to be here enacted upon repeal
of the former, which I shall carefully endeavour to procure being
pass'd into a law, with my best interest and industry. P.S. Jan.
22. Mr. Oglethorp arrived ye 13th inst. with the Georgians and
is proceeded to Port Royal. I have recommended to the Assembly
now sitting the giving him all the assistance the country is able
to afford, and they voted him boats to carry his people to the
design'd settlement, 105 head of black cattle, 25 hoggs, and a
quantity of rice for provisions : and 20 of our rangers are ordered
to cover them from any insults that may be offered by [? strag]ling
Indians or others etc. Signed, Robt. Johnson. Endorsed, Recd.
26th April, 1733, Read 27th Aug., 1735. 1 pp. Enclosed,
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10. i. Account of stores delivered by the Armourer and Gunner
at Charles Town 1721-1732. Signed, Thomas Lloyd.
Endorsed, Recd. 26th April, 1733. 3 pp. [C.O. 5, 364.
ff. 182, 182 v., 183 v.-184 v.]
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Jan. 9.
Whitehall.
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11. Council of Trade and Plantations to the Lords Commissioners
of the Treasury. Request payment of petty expences
of the Office, Michaelmas to Christmas, 1732, amounting to
350 12s. 3d. and of Officers' salaries, 287 10s. [C.O. 389, 37.
pp. 341, 342.]
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Jan. 10.
Whitehall.
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12. Council of Trade and Plantations to the King. Enclose
following, and are preparing the necessary Instructions. Annexed,
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12. i. Draught of H.M. Commission for Governor Fitzwilliam.
In the same form as those for Governor Rogers, 13th
May, 1729. [C.O. 24, 1. p. 214 ; and (covering letter
only, autograph signatures), 5, 195. f. 299.]
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Jan. 11.
Whitehall.
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13. Council of Trade and Plantations to the King. Propose
Philip Lightfoot and Thomas Lee for the Council of Virginia in
the room of Robert Carter and Henry Harrison decd. [C.O. 5,
1366. p. 95.]
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Jan. 12.
Boston.
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14. Governor Belcher to the Council of Trade and Plantations.
Abstract. Though the Council joined the Representatives in
the Address and Memorial, the affair is properly of that the
Representatives alone, who are contending for a power the Charter
has reserved to the Governor and Council. The Council only
intended to make themselves acceptable to the Representatives
against the next election. The trade of the Province has grown
large, and a medium to support and increase it is doubtless
absolutely necessary. Yet better to have none, than such bills
of credit as have been issued here for a long time past. But if he
might have to sign a bill of the nature of the enclosed (i), it would
greatly contribute to the ease of the people in commerce and
everything else, and the bills would come out on the best foundation
of any that has yet been laid in this Government. This is
the second bill of the kind to which he has refused assent, as it
interferes with H.M. 16th Instruction. The Assembly make a
heavy complaint against his 15th Instruction, forbidding his
passing any law which has a repealing clause of any other law.
They say it is directly contrary to the Charter etc. They think to
make a great handle of it in their favour etc. Desires the Board
to consider whether it may not be prudent and reasonable that it
should be abated by a new Instruction. Doubtless Parliament,
that wise and august Assembly, makes laws and again revokes
them etc. Set out, Mass. Hist. Soc. Coll. 6th Ser. VI. 248. Signed,
J. Belcher. Endorsed, Recd. 20th Feb., Read 30th Aug., 1733.
5 pp. Enclosed,
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14. i. Bill for emitting 50,000 bills of credit, to be redeemed
by silver and gold, to which the Governor has suspended
his assent. Passed by Assembly and Council, July 5,
1732. Endorsed, Recd. 20th Feb., 1733. Copy. 2 pp.
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14. ii. Copy of Governor Belcher's 15th Instruction (v. covering
letter). 1 p. [C.O. 5, 875. ff. 156-158, 159 v.-162,
167 v.]
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Jan. 13.
Boston.
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15. Same to same. Abstract. The ship being detained, he
has time to add to his letters of 5th, 8th and 12th. In spite of all
his efforts he can see no prospect of the adjustment of the
boundaries of New Hampshire and the Massachusetts. The poor
borderers live like toads under a harrow, being run into gaols on
the one side or the other. They pull down one another's houses,
and he fears it will end in bloodshed, unless H.M. gives effectual
orders for the boundaries to be fixed. Though a Massachusetts
man, he thinks this Province to blame, New Hampshire having
been all along frank and ready to pay exact obedience to the
King's order, and have manifested a great inclination to peace
and good neighbourhood. But in return the Massachusetts
Province have thrown unreasonable obstacles in the way of any
settlement, which seems to show that the leading men of the
Assembly are conscious of their continual encroachments. The
matter will never be settled, but by a peremptory order from
H.M. appointing Commissioners. Those agreed to by both
Assemblies in Feb. 1731 are gentlemen of good ability and
integrity. Fears the Massachusetts would still decline joining in
the affair, but thinks that New Hampshire, from their desire to
peace and good order, would rejoice at such a direction from the
King, and be glad to be at the whole charge, rather than have the
dispute continue etc. If he may have leave for passing the Act
for emitting bills of credit (v. Jan. 12th), prays for leave to do the
same for N. Hampshire, where they are in great distress for
something to pass in lieu of money, and without speedy help it
will be almost impossible for that little Province to support any
trade. Set out. Hist. M.C. Reports XI., 4, 275 ; Mass. Hist.
Soc. Coll. 6th Ser. VI. 251. Signed and endorsed as preceding.
6 pp. [C.O. 5, 875. ff. 163-165 v., 166 v.]
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Jan. 13.
Whitehall.
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16. Order of Committee of Privy Council ("By the Right
Honourable the Lords of the Committee for Plantation affairs").
Referring to the Council of Trade and Plantations for their report
five acts the Massachusets Bay delivered by the Agent to the
Clerk of the Council on 2nd inst. Signed, W. Cary. Endorsed,
Recd. 29th Jan., Read 1st Feb. 173 2/3. 1 p. Enclosed,
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16. i. Copies of Acts of the Massachusetts Bay, 1732, (certified
by J. Willard Secry. Signed, J. Belcher. (i) for apportioning
and assessing a tax of 8007 16s., and for assessing
a tax of 80 laid on the towns of Needham, Hatfield, Sutton
and Tiverton, for not sending their representatives etc. ;
(ii) granting H.M. an excise upon wines, liquors etc.
sold by retail ; (iii) providing pay for keeping petty jurys ;
(iv) erecting a new town within the county of Middlesex etc.,
by the name of Townshend ; (v) erecting a new town within
the county of Worcester by the name of Harvard. Endorsed,
Recd. from Mr. Wilks 2nd Jan., Read and refd. to a
Committee, 11th do., 1732. Printed. 14 pp. [C.O. 5,
875. ff. 24, 25, 26-29, 30-33 v., 34 v.]
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Jan. 13.
Jamaica.
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17. Governor Hunter to the Council of Trade and Plantations.
With this your Lordships will receive copys of the Journals and
Minutes of Council, and Assembly of the last session, in which
there was not one act pass'd. I had the honor to acquaint your
Lordships with the dissolution of that Assembly, and calling a
new one to meet the 13th of March next, which was as soon as it
was possible for them to meet ; hitherto we have strong hopes of a
better choice both for the King's and Country's service, at least,
the number of such as get thither merely for protection and seem
to place their hopes in interest and confusion will be lessen'd.
I have receiv'd two duplicates of the privy seals repealing the
Additional Duty Act and confirming H.M. late Instructions in
blank unseal'd covers, which I immediately communicated to the
Receiver General that he might conform himself thereto for the
future. The rains and floods have been so violent and continu'd
so long that our partys in pursuit of the slaves in rebellion have
had little success worth mentioning. I have however kept them
out as often as the weather would permitt and by the best information
and all accounts the rebels seem to be dispers'd into small
gangs, and if we are enabl'd to keep our partys on foot and
possession of their towns and fastnesses they cannot probably
unite of some time. I have found credit, at least, for the provisions
for the partys 'till the Assembly meets, and have by the advice
of the Council given orders for the lessening their numbers, in
order to lessen the expence, our Treasury being quite exhausted.
I have wrote to his Grace the Duke of Newcastle a full account
of the tryal and conviction of one Wright, a merchant at Kingston,
and Wyat, the master of his sloop call'd the Postilion, for forceably
taking away and bringing from the coast of Hispaniola a French
sloop called the St. William which had been sent to put some goods
on board him according to the practice of that hidden trade, but
having lost one of his vessels in a storm there, took that sloop to
carry his own goods ; They were convicted and sentenc'd for
pyracy in a high Court of Admiralty here, but by the bench
unanimously recommended to H.M. most gracious pardon upon
some compassionate circumstances in that case, which I issued
accordingly, as to their lives only. The French sloop St. William
was deliver'd over to the owner Taillet who has carry'd her home.
The sloop Postilion is at present in the possession of Sr. Chaloner
Ogle ; and Mr. Fisher, Deputy to Mr. Byng, is inquiring into any
other effects of the convicts. Signed, Ro. Hunter. Endorsed,
Recd. 19th March, Read 28th Nov., 1733. 3 pp. [C.O. 137,
20. ff 116-117 v.]
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Jan. 13.
Jamaica.
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18. Governor Hunter to the Duke of Newcastle. Repeats
part of preceding. Encloses proceedings against Wright and
Wyat (v. preceding), and of Mr. Rees's case from the Attorney
General, "as I am commanded by a letter receiv'd in Oct. last ;
the recognisances money was pay'd over to the Provost Marshal
by his sureties in July, 1731, and by him to the Receiver General
in August following, the case was a very foul one as it appear'd
upon tryal, and the gentleman whose skull was fractur'd behind
his back lay languishing a long time with little hopes of life, and is
to this day not thoroughly recover'd, neither has he recovered
one farthing of the damages awarded him by the Court, neither
can he till your Grace is pleas'd to intimate H.M. pleasure that
he may recover it, I having order'd the Attorney General to
surcrease all further proceedings in that affair till further orders"
etc. Signed, Ro. Hunter. Endorsed, R. March 19th. 2 pp.
Enclosed,
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18. i. Copy of Governor Hunter to Council of Trade. Jan. 13.
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18. ii. Thomas Howe, Attorney General of Jamaica, to Governor
Hunter. Span. Town, 11th Jan., 1732. Report upon
case of William Rees. The money forfeited by those
who went bail for Mr. Rees, by his not appearing, has
been paid. They are not ruined really, as stated in their
petition, being persons of substance, and Mr. Rees
asserted that he left behind sufficient effects in their
hands to guard them against suffereing. The state of
the case is too favourably represented by Mr. Rees.
The assault [upon Mr. Sinclair] was fully proved, and
appeared done with premeditation and by surprise etc.
Signed, Tho. Towe. 1 p.
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18. iii. Petition of Thomas Wright, merchant, and Ebenezer
Wyat, mariner, to Commodore Sir Chaloner Ogle and
the Commissioners for trying piracies etc. Dec. 21, 1732.
Petitioners having been this day found guilty of piracy
in taking a sloop belonging to Stephen Busquett, beg for
H.M. pardon on the grounds of "many favourable
circumstances" in their case. Signed, Thos. Wright,
Ebenezer Wyat. The Commissioners recommend them
to Governor Hunter for pardon. Signed, C. Ogle and
nine others. 1 pp.
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18. iv. Proceedings in the High Court of Admiralty at St.
Jago de la Vega, 21st Dec., 1732, in above case. Prisoners,
in the pirate sloop Postillion, at Hispaniola, decoyed
Busquett, a French subject, on board, and seized his
sloop, the St. William. Evidence by Stephen Busquett
and Robert Nicholson, one of the pirate crew, etc.
Mr. Taillet, cross examined, admitted that he wrote to
Wright and offered him his sloop. Other evidence of
Wright's having entered into negotiations with Busquet,
and that his character was good. Found guilty and
sentenced to be hanged. Nicholson discharged. Copy.
5 pp. [C.O. 137, 54. ff. 134-138, 140, 140 v., 142-144
v.]
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