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Jan. 16.
Whitehall.
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19. Mr. Popple to Mr. Fane. Encloses, for his opinion in
point of law, 19 public and 16 private acts (enumerated) passed in
Virginia in 1732. [C.O. 5, 1366. pp. 96-103.]
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Jan. 17.
Whitehall.
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20. Duke of Newcastle to the Council of Trade and Plantations.
Encloses following, from the Commissaries, "giving an account
of the present state of their proceedings in the disquisition of the
right of H.M. subjects to the cutting of logwood at Campechy ;
and as the Commissarys have applyed for further orders etc.,
H.M. refers it to your consideration, that if you have any further
proofs or arguments to produce for the better enabling H.M.
Commissarys to support this claim, you may communicate the
same to me in order to their being transmitted to them." Signed,
Holles Newcastle. Endorsed, Recd. 20th Jan., Read 7th Feb.,
173 2/3 1 p. Enclosed,
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20. i. Extract of letter from the Commissaries at Seville to
Lord Harrington. Seville, 25th July, 1732 (N.S.).
Refer to letter of 18th inst., giving an account of their
conferences relating to their demand for reparations of
prizes taken in America since 11/12 June, 1728. Enclosure i
contains what the Spanish Commissarys have advanced
with relation to the King of Spain's right to all the
countries and islands situated in America from 40
degrees north latitude to the South Pole, founded on a
gift from Pope Alexander 6th, and on the Spaniards
having been the first discoverers and possessors of said
countries, excepting only such of them as shall have
been given away by Treaties. And by virtue of the
said right they insisted, that we should exhibit H.M.
title to the Island of Providence and the rest of the
Bahama Islands, and the other places mentioned in
their said papers. But altho' we were sufficiently
apprized by the Treaties, as well as by several documents
we received from the Board of Trade, of H.M. titles to
those places ; we did not judge it proper to produce
them for the present, apprehending it might only have
given the Spanish Commissarys room to cavil and
dispute the validity thereof. We therefore gave them
for answer, that it did not appear to us, that they had
a right to insist on our exhibiting H.M. said titles, who
being in possession it must be their part to shew, that
the Spaniards were the first possessors [note in pencil
on opposite page : A wrong issue to put it upon.], and
to make good their aforesaid pretensions ; for by the
civil law, which they first pleaded, we proved the onus
probandi to be always incumbent upon the claimant, but
upon their declining this, and at their insistence we
agreed to give an account of this matter to our respective
Courts. Endorsed, Recd. 20th Jan., 173 2/3. Copy. 2 pp.
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20. ii. Claim advanced by the Spanish Commissaries (v.
preceding). Whereas H.M. has an indisputable and
notorious right by sundry titles to the property and
dominion of the Spanish America, with all the islands
and seas adjacent from the time of the discovery,
conquest and aggregation of them, which comprehend
all the islands and continents found out, discovered or
that shall be discovered between the Arctick and
Antarctick Poles, one hundred leagues westward of the
islands of the Azores, excepting those places which have
since by agreement with H.M. been possess'd by other
Princes ; [Note in margin : The explanation of their
demand is from 40 degrees No. latitude in America to
the South Pole.] and whereas the British Nation have
introduced themselves into the said Dominions without
the consent of His Majesty, particularly into the Islands
of New Providence, Tortola, Panisbron or Virgin Islands,
the hutts built from the Cape of Catoch to the Gulph of
Honduras and the places called Islas de Mugeres bordering
upon the people of Cohak, Bolona and Lake de
Terminis, the neighbourhood of the river Vallis, and
within the limits of Florida, the British Commissaries
ought to agree, that the abovementioned places be
quitted, and all others, that have been possest in the like
manner, be left free and unmolested, or that the British
Nation shall make appear, that they are in possession
of them by virtue of an agreement with H.M. Endorsed
as preceding. Translation. 1 pp.
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20. iii. Commissaries at Seville to the Duke of Newcastle.
Seville, 26th Sept., 1732. Since our last letter of the
23rd inst. etc. the Spanish Commissaries etc. yesterday
in a very serious manner desired to know whether we
had received H.M. resolutions in order for the discussion
and decision of their demand for the evacuation of the
several places in America belonging to the King of Spain
tho' at present in the possession of H.M. We told them
we had not yet received any answer to this point, but
that we hoped we should very soon etc. They threw out
to us that they did not propose to make any further
demands, till this was discussed etc. Refer to No. i.
Signed, B. Keene, Arthur Stert, John Goddard. Same
endorsement. Copy. 1 p.
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20. iv. Same to Same. Seville, 24th Oct., 1732, N.S. Extract.
Acknowledge letter of 26th Sept. "since which we have
had several conferences with the Spanish Commissaries.
On the 6th inst. they delivered us the following paper,
described. Hope their answer, No. vi, will meet with
H.M. approbation. Same endorsement. Copy. 1 p.
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20. v. Proposal of the Spanish Commissaries referred to in
preceding. For the better maintaining a good correspondence
between the two nations everywhere and that
there may be an end put at once to that sort of hostility
which arises from the clandestine cutting of logwood, as
well as for the suspending the orders already given by
H.M. for preventing this abuse, propose that His
Britannick Majesty shall give clear and effectual orders
for His subjects to desist from the beforementioned
cutting of logwood and from the exercise of this illicit
commerce. Same endorsement. Translation. p.
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20. vi. Reply of the British Commissaries to preceding. The
paper delivered on the 6th [Nov.], containing nothing but a
declaration of the mesures which His Catholic Majesty
has resolved to take to prevent British subjects from
cutting Campeachy wood for the future, and insisting on
orders in accordance from His Majesty, it appears that
from the manner in which the article in question is
approached in the said paper, that the Spanish Commissaries
have desired to withdraw it from the jurisdiction
(ressort) of the Commission ; and if such was their
intention, His Majesty's Commissaries are of opinion
that the contents of the abovementioned paper ought
to have passed through another channel, etc. It is
surprising that whilst the Commission appointed for
discussing the rights and privileges of the respective
subjects is actually sitting, orders such as those mentioned
should have been despatched, which, without giving
room for discussion, seem to assume that the article in
question has already been decided in favour of the Crown
of Spain. Same endorsement. French. Copy. 1 p.
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20. vii. Extract of letter from the British Commissaries to the
Duke of Newcastle. Seville, Dec. 1/12, 1732. Enclose
answer and reply (Nos. viii, ix) to preceding. Same
endorsement. Copy. p.
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20. viii. Answer of the Spanish Commissaries to No. vi. Abstract
(i) The Commission is not only for the discussion and
decision, but likewise for the settling of the points submitted
to it, and as one of these points is the examing into all
the abuses on both sides, and that the Commissaries ought
to have particular regard to the principal and final intent
of this Commission, which is the union and good correspondence
between the two nations, it seems to be in a
peculiar and unavoidable manner incumbent on them to
use all possible means to secure the same by settling
this point and preventing the inconveniencys that daily
encrease. That the cutting of logwood is a notorious
and detestable abuse, appears from it's not being
allowed by any of the Treatys. For from it there are
several transactions which confirm this prohibition, and
some by which the Court of England has justified itself
upon this matter, declaring that it had never consented
to such a contravention etc. (ii) It cannot be inferred
from the above paper (No. v) that the orders referred to
have been issued at this present juncture, on the contrary
it seems to imply that they are of an earlier date
etc. (iii) Even if they had been new, the British Commissaries
would have no ground for their observation,
because the right, dominion, property and possession of
H.M. being indisputable, and the frequent expulsion
of those persons who were employed in cutting logwood
having never been opposed by the Court of England, it
cannot be a sufficient motive for H.M. to suspend his
precautions, because such matters are produced as a
subject of debate, which being clear, evident and
notorious were never before disputed ; for by the same
extraordinary rule the British Commissarys might tye
down the absolute power of H.M. in all his dominions,
merely under pretence of having some imaginary
pretensions to them. Same endorsement. Translation.
3 pp.
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20. ix. Reply of the British Commissaries to No. viii. Abstract.
Agree that the principal object of the Commission is to
strengthen the good understanding between the two
nations by removing certain objects of contention, and
regarding, therefore, the question of logwood-cutting as
coming properly within the jurisdiction (ressort) of the
Commission, they could not help being surprised that the
Spanish Commissaries should inform them of orders of
some date sent by the Court of Spain on a matter still in
dispute, and that they should describe it as a detestable
abuse, without producing the smallest proof to invalidate
the incontestable right of His Majesty's subjects etc.
Continue :Campeachy wood is a product of the
Province of Yucatan, where the Crown of Spain is in
possession of San Francisco, Merida and Valladolid, and
perhaps of some other places of little importance, but
all the rest of this great Peninsula was a veritable
desert, in which the Spaniards had not any forts, fortifications
or magazines, which have always been regarded
as the marks of possessions in America. Such was the
true state of the Province at the time when the English
first established themselves near Cape Catoche, Suma
Santa, Laguna de Terminos, Trieste and the Isle des
Bufs, where for a very long time they cut Campeachy
wood without interruption even before the Treaty of
Madrid in 1667. And it is worthy of note that they
continued in the said possession at the time of the conclusion
of the Treaty of 1670, by which their rights were
established and confirmed in the strongest and most
effective manner. Quote 7th Article of that Treaty.
Continue :The Spaniards indeed began some time
afterwards to disturb the Colony, and to challenge the
right and liberty which it had so long enjoyed without
interruption. For H.M. Commissaries believe they can
advance as an indisputable fact, that since the publication
of the Treaty of '67 until some years after the
Treaty of America, the logwood-cutters had not been
in any way disturbed or annoyed in their occupation
directly or indirectly etc. Continue the case as stated by
Council of Trade in 1717 (v. C.S.P. 1717-18. No. 104 i.),
concluding with the clause in the Treaty of Commerce
of Utrecht, confirmed by the Treaty of Seville, which
they regard as decisive, since by right, tolerance and
indulgence the logwood cutters are thereby confirmed in
possession. Conclude :They therefore hope that the
Spanish Commissaries, far from regarding the matter
as an imaginary pretention, will yield to the evidence
and the strength of the proofs etc. Same endorsement.
French. Copy. 12 pp.
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20. x. British Commissaries to the Duke of Newcastle. Seville,
23rd Dec., 1732. Acknowledge letter of 9th Nov., with
H.M. commands that we should enter with the Spanish
commissaries into the disquisition of the right of H.M.
subjects to cut logwood in the Bay of Campeachy, that
we should complain of the orders given by His Catholick
Majesty for hindring the exercise of this right, and that
we should desire that those orders be revoked. Refer to
their last letter and enclosures (Nos. vii-ix), "which
we have the pleasure to find agreable to H.M. said
commands," and enclose following, "whereby your Grace
will see, [the Spanish Commissaries] declare that they
will not enter into any further discussion of this matter,
or suspend the orders etc. (No. v) till we produce other
proofs etc. But as we are humbly of opinion that we
have already laid before them all that was for our purpose
contain'd in the information given us by the Board of
Trade, as well as all that we could meet with in the
several Treaties with this Crown, we humbly apprehend
we have nothing more to advance, and shall be obliged
to wait for H.M. further Instructions etc. Signed and
endorsed as No. iii. Copy. 1 pp.
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20. xi. Reply of the Spanish Commissaries to No. ix. Seeing
that the British Commissarys do not give a direct and
particular answer to the last paper relating to logwood
etc. (No. viii), and that they do not admit of the amicable
proposal (No. iii) for the setling this dependence (as
we are reciprocally obliged) in order to remove the
uneasiness thereby occasioned between the two nations,
it does not seem that H.M. Commissaries have any more
to do in this matter, having already discharged their
part, nor will they be accountable for the pernicious
consequences that may attend this abuse if not redressed
by the method which in their last paper was shewn to be
so clear, so fast and so necessary etc. Notwithstanding
etc., they are ready to discuss any pretentions that shall
be produced on this subject, provided it be with any
foundation, and proving that before the year 1670, the
Crown of England had the dominion, possession and
property of the lands and places in the Provinces of
Yucatan, or that the same had been since given up by
the express or tacit consent of H.M., and that the
English have enjoyed the possession of them without
interruption or dispute, before and till the time of the
Treaty of Utrecht. In such case the proofs shall be
examined, and if found to be just, it shall be allowed
that the orders which till such time may have been given
for preventing this practise ought to be suspended.
But otherwise, as the Province of Yeucatan is under the
dominion of H.M. by its inseparable identical union
with America, any dispute would appear scandalous
that might suspend the precautions taken by His
Majesty. Same endorsement. Translation. 1 pp.
[C.O. 388, 31. w. 57-68.]
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Jan. 18.
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21. Representation of the President, Council and Assembly of
Barbados to the Council of Trade and Plantations. The said
Island has been for many years past of great advantage of Great
Britain, on which it has been and ever must be dependent, and
from whence it has allways received and ever must receive it's
most valuable supplyes. For several years last past there has
been a very great want of cash in the said island, and trade has
been carryed on etc. chiefly by credit given by the British
merchants etc. and by the inhabitants to one another ; and
without such credit be continued the trade of the island must
sink and in short time be wholly lost etc. The Sugar Plantations
require a continuall supply of slaves, horses, cattle, lumber and
plantation stores, for all which the sugar planters have no other
means of paying than by their sugars rum melasses, the currt.
cash of the said island at present being not sufficient to defray
the hundredth part of the necessary annuall expences of the said
island. In order to obtain and preserve such creditt as aforesaid
the Legislature of the said island have from time to time made
severall good and wholsome laws (now in full force) very much in
favour of creditors, who have thereby all reasonable security for
the payment of their debts, and a method of coming at them wth.
great ease and expedition. By an Act made in this Colony in its
infancy intituled an Act declaring what proofs to bonds, bills,
procurations, letters of attorney, procurations etc. shall be sufficient
in law (which act in its preamble takes notice that by reason of
the great distance between this island and England direct proof
concerning deeds, bonds, writings or other specialtys for moneys
or goods etc. could not be had, and that thereby great mischiefs
had redounded to the good people of England and great obstruction
to the justice of the said island) it is enacted that such deeds
and bonds etc., all letters of attorney etc. which should at any
time thereafter be produced in any Court of Justice in the said
island attested to have been proved upon oath under the Corporation
seal of the Lord Mayor of London, or any other Mayor or
Chief Officer of any City or Town Corporate within the Dominions
of England, should be taken deemed and judged as sufficient in
law as if the witnesses in them named and subscribed had been
personally there and proved the same and that such attestation
should be sufficient evidence to a jury to give a verdict thereon.
By another Act depositions of witnesses departing, departed, or
extream sick, taken before any Governour, Judge Assistant or
Justice of the Peace (the other party having had notice to be
present to cross interrogate etc.) are enacted to be etc. good
evidence in law. And by the constant usage and practice of the
Courts of Common Pleas in the sd. island all agents and factors
(making oath that they have no profit or loss by the success of the
cause except their commissions) are admitted to prove their
accounts and all matters relating to their factorage and commiss-business.
By means of those laws and said usage etc. the English
merchants who have given credit to the inhabitants have found it
no difficult matter to prove their debts etc. The method of suing
and proceeding to judgment for debts in this island is very easy
and expeditious, as appears by the Act establishing the Courts of
Common Pleas etc. Its provisions and subsequent modifications
explained. Continue : To which we begg leave to add that by
the constant usage and practice of all the Courts of Law and
Equity in this island, lands of inheritance in fee simple have ever
been held and adjudged liable to the payment of debts of what
nature soever, and actions are daily brought against execrs. and
admrs. for debts and contracts of their testators or intestates, of
wt. nature soever sueh debts or contracts be, and upon recoverys
thereon had the lands of the testators or intestates are taken in
execution and appraised to the creditor, and the Marshall gives
the creditor possession thereof and a bill of sale for them, and the
creditor thereby gains a fee in the lands appraised to him. Thus
it appears that creditors have all reasonable security for the payment
of their debts here, and even better security for them than
creditors in England have for their debts there. There the
creditors of Barbados in generall have hitherto been well contented
with the constitution so much to their advantage. But so
it is that some merchants of London having sometime in 1731
preferred a petition to your Lordshipps complaining that as the
laws stood in some of H.M. Colonys and Plantations in America
his subjects of Great Britain had but a precarious or no remedy
for the recovery of their just debts, and your Lordships having
been pleased thereupon to represent to H.M. that it might be
proper that lands in the Colonys should be subject to the payment
of debts as lands are in Great Britain, that Representation being
read in the House of Commons the last sessions gave occasion to
etc. the Act for the more easy recovery of debts in H.M. Plantations
and Colonys in America, by which etc. it is enacted that affidavits
taken in Great Britain shall be evidence in actions and suits
relating to debts and accounts wherein persons residing in Great
Britain are partyes, and that after the 29th Sept., 1732, houses,
lands, negros and other hereditaments and reall estate scituate
and being within any of H.M. Plantacons in America belonging
to any person indebted shall be liable to and chargeable with
all just debts, dutys and demands of wt. nature or kind soever by
any such person to H.M. or any of his subjects and shall and may
be assetts for the payment thereof in like manner as reall estates
are by the Law of England etc. and be subject to the like remedys
and process in any Courts of Law or Equity in any of the said
Plantations etc. But forasmuch as the said petition on which your
Lordships' Representation was founded contained only a complaint
of want of Justice in regard to creditors in Maryland and
some other Colonys, in which lands and buildings and other reall
estate had not been subjected to the payment of debts, and this
island was nowise mentioned in the petition or representation,
and such ample provision had been made in that island for the
security of creditors as aforesaid, we humbly apprehend that the
said act of Parliament was not intended any way to affect this
island where the laws with regard to creditors are much more
favourable than even those of Great Britain, and that in many
particulars. But should the said act be construed to extend
hither, it must (as we humbly conceive) soon compleat the
ruin of the inhabitants (who are already sinking under many
and great misfortunes and calamitys) and will in truth be of very
great prejudice to the creditors themselves etc. Represent that
"it will destroy all our joynture and other family settlements.
It will enable any one crafty or malicious creditor not only to ruin
his debtor ; but to cheat all the other creditors of the same
debtor of their just debts ; for there being but a very small
currency of cash in this island, the best sugar-work-plantation,
if exposed to sale at outcry will not in all humane probability find
any other chapman but the very creditor at whose suit it is
exposed to sale ; and such creditor may thereby for a triffling
debt become master of the best sugar-work-plantation in this
island, while all the younger creditors of the unhappy debtor
thus stript of his estate will go unpaid. It will put it in the power
of any ill-disposed debtor to cheat his creditors by getting his
estate sold for a small summe to some knavish confederate for a
pretended debt. It will enable elder brothers, and others seized
of estates charged wth. legacys to cheat their younger brothers,
sisters, and relations of their legacys. Many merchants, and
hundreds of others who have taken lands here by appraisement for
satisfaction of their just debts, and have since built, stockt and
improved them, and by that means ran in debt, will, if their
creditors fall upon them, be ruined by the same law if those very
estates which were obliged to take at the full value by appraisement
must pass by them from sale at vendue in a Colony where
the want of ready money makes it impossible for anyone but the
creditors themselves to be the purchasers of landed estates.
And thus the honest dealer who became interested by the laws
and constitution of this island for a good valuable and full
consideration may by the said Act of Parliament be stript of his
whole estate, tho' more than sufficient to pay all his creditors
with a large overplus, and yet not pay more than one of his
creditors and then perish in prison at ye suit of the rest. The said
act will destroy all future credit in the said Island ; and without
credit the Colony cannot subsist etc. Apprehend that the act
was not intended and cannot be construed to extend to this
island etc. Pray that, if it should be thought otherwise, their
Lordships will commiserate the unhappy estate of this island
and represent the same to H.M. and the Legislature for relief etc.
Read and agreed to by the General Assembly nemine contradicente,
18th Jan., 173 2/3 ; Signed, Robt. Warren, Cl. of ye Assembly ;
By the President and Council unanimously, 23rd Jan., 173 2/3.
Signed, Wm. Webster, D. Clk. of the Council. Endorsed, Recd.
(from Mr. Yeamans) 15th June, Read 3rd July, 1733. Copy.
3 large pp. [C.O. 28, 23. ff. 87, 88, 89, 90 v.]
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Jan. 18.
Jamaica.
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22. Governor Hunter to the Duke of Newcastle. By the
Shark sloop which arriv'd here on the 14th of this month I had
the honor of your Grace's letters of the 12th and 30th of October
last. The first signifying H.M. pleasure relating to the effects
taken out of the Spanish vessel the St. Michael wrack on the
Caymanas and brought into this island, etc. Refers to enclosed
Minutes of Council. Continues : I have issued orders to the
Provost Marshall and Naval Officer who had seiz'd and are
possess'd of what could be discover'd of these effects, to deliver
them into the hands of Messrs. Pratter and Rigby, Factors to the
Assiento Compy. Neal Walker mention'd in the Factor's
Memorial to the Council and who plunder'd this wrack was at
that time under a sort of proscription, proclamations having been
issued for apprehending him in order to bring him to justice, for
that he being fitted out and employ'd by these gentlemen the
Factors to go in quest of the President of Panama and others who
went adrift from the Genoesa upon a float, had contrary to their
orders and intentions stopt at the wrack, fish'd up a considerable
quantity of treasure which he carry'd with him and has not been
heard of since the plunder of the St. Michael, tho' all possible
diligence was us'd to find him out here as well as elsewhere, by
letters and informations sent to the several Colonys and Governments
where he might probably seek shelter. In answer to that
of the 30th of October with which I receiv'd copys of the cedula's
declaration and orders to Sr. Chaloner Ogle for restitution of the
Spanish ship Dichosa taken by Capt. Aubin at Campechy in
reprisal for the Woolball and sent hither, I have the honor to
inform your Grace that upon application to Mr. Lestock who at
that time commanded H.M. ships here, by the Factors of the
Assiento Company the Dichosa with her cargo was sent back to
Campechy and arriv'd there ten days before the time limited by the
Governor of la Vera Cruiz was expir'd, so that capture can draw
no consequences after it prejudicial to the trade of England of
any kind. In these matters, as in all others, I have acted with
no other views but to that of H.M. service, so far as I could be
concern'd in execution of the trust repos'd in me and whilst I
do I cannot doubt of the honor of your Grace's protection etc.
P.S. Since my writing what is above I have reced. a letter from
the Assiento Factors acquainting me that as H.M. Council here
did not think their power for the receipt of the goods or effects
saved out of the packet boat St. Michael sufficient while the gentleman
who gave it was in the West Indies, they think it can be of no
use now that Dn. Manl. Lopez Pintado is return'd home and out
of Commission, and besides that they had then money of his
Catholick Majesty's to pay charges, and his General's directions
what to do with what could be got, for which reasons they now
refuse to receive what has been sav'd and offer'd to them by the
Officers abovemention'd ; but say they will make application for
them without delay so soon as they shall receive a fresh power ;
and I shall take care to do all that depends on me to prevent any
embezelment of what has been sav'd till somebody be authoriz'd
to and will receive the same, and shall use as I have hitherto done
all possible means for the discovery of any further effects that may
have been sav'd. Signed, Ro. Hunter. Endorsed, R. March
19th. 4 pp. Enclosed,
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22. i. (a) Minutes of Council of Jamaica, 6th April, 1731.
The Petition was read of Edward Pratter and James
Rigby, Agents for the Assiento Co., and attorneys
appointed by Dn. Joseph Herrera who was commissioned
to this island by Dn. Manuel Lopez Pintado, General of
His Catholick Majesty's galleons. Neal Walker, Nov.
and Dec. last, made two voyages to the Little Camonas,
and plundered from the Spanish brigantine St. Michael
lately stranded there great quantities of wine, brandy etc.
He hath likewise plundered the wreck of the Genouesa
stranded on Point Pedro shoals, whereupon H.E. in
Council issued a proclamation for his arrest, 26th Sept.
And whereas it appears by the affidavit of Martin
Adunson that Mr. Colen Campbell embark'd in a sloop,
William Dove master, from the wreck of the said
brigantine loaded with wine and brandy, with the
consent of Adunson, in order to deposit the same in the
hands of the Government for the benefit of His Catholick
Majesty, which sloop was likewise cast away, and
Dove and others took out her loading, part of which
wine and brandy have been seized by the Naval Officer
etc. ; and whereas it appears by the same affidavit that
Thomas Ware and James Jordon loaded their vessels
from the St. Michael with wine, brandy etc. which H.E.
has ordered to be seized at petitioners' request. Walker
has not been in any of the British Colonies and is
probably concealed near the island. If pardon were
offered him upon delivery up to petitioners his plunder
from the Genouesa and St. Michael, think he would
embrace it, and thereby His Catholic Majesty recover a
considerable sum etc. Copy. 4 pp.
(b) 11th May. H.E. communicated to the Council a
letter to himself from Don Pintado asking for a pardon
for Capt. Walker in the same terms. The Council were
unianimously of opinion that it would be of very ill
consequence to pardon him. In the case of the St.
Michael, it did not appear to them that Messrs. Pratter
and Rigby were impowered either to demand or receive
the goods mentioned in their memorial. The Government
had taken due care to order the detention of the
goods in the custody of the proper officers etc. Copy.
2 pp. [C.O. 137, 54. ff. 146-151.]
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Jan. 18.
Jamaica.
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23. Governor Hunter to the Duke of Newcastle. Upon
receipt of your Grace's letter recommending to my care that
justice should be done to the heir of William Poyntz Esq., I sent
for the Chief Justice who I heard was one of his executors and
assur'd him of all the dispatch in my power of any proceedings
that should be brought before me ; he acquainted me that tho'
he had been appointed one of the executors he did not act, but
that one Mr. Woodcock, a merchant at Kingston, was the only
acting executor, whom he would acquaint with what I had said ;
I have hear'd nothing of that affair since till about a month ago
I had sent me a duplicate of your Grace's letter, whereupon I
wrote to Mr. Woodcock enclosed, but having receiv'd no answer,
I hope that affair is transacted to the satisfaction of Mr. Poyntz.
Signed, Ro. Hunter. Endorsed, R. March 19th. 1 pp. Enclosed,
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23. i. Same to Mr. Woodcock. Spanish Town. Dec. 19th,
1732. Requests him for a particular state of above
affair and assures him of all dispatch in his power etc.
Signed, Ro. Hunter. Copy. 1 p. [C.O. 137, 54.
ff. 152, 154, 154 v., 155 v.]
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Jan. 24.
New York.
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24. Governor Cosby to the Duke of Newcastle. I belive
your Grace will be applyd too by ye Duke of Shandos for to
reccomend one Mr. Harrison to succeed Mr. Jeykl deceasd for ye
Collectorship of Boston. I beg also that your Grace will be so
good as to spake for him ; he is of ye Councill here, and has been
very serviceable to me etc. He has but very little from ye
Govermt. and really does deserve a great deale, he has some small
employmts. in this place, which would be of very great service
to my affairs in ye disposeing of them properly where he provided
for in ye way I desier etc. Continues :I doe not in ye least
doubt but that your Grace has long since been informed that the
extrodinary behaviour of ye Boston people has not proceeded
imediatly from themselves but as they are spirited upp from home
by Mr. Polteney and that faction, he not only keeping a constant
correspondence with them but also with some of the other
Collenys as Raud Iland, Conecticute etc. which thier first people
that direct them bragg off very much. I heartily wish your
Grace and the duches many many happy new years. I am my
lord your Grace's most oblidged and faithfull servant, Signed,
W. Cosby. 2 pp. [C.O. 5, 1093. ff. 263, 264.]
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Jan. 25.
St. James's.
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25. Order of King in Council. Approving draught of Commission
for Governor Fitzwilliam. Signed, W. Sharpe. Endorsed,
Recd. 16th, Read 19th June, 1733. 1 p. [C.O. 23, 3. ff. 67,
72 v. ; and (signed, W. Cary) 5, 21. f. 25.]
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Jan. 26.
St. James's.
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26. H.M. Commission appointing William Hanmer Lt. Govr.
of Nevis, in the room of Major General Sibourg, decd. [C.O. 324,
49. pp. 115, 116 ; and 324, 36. pp. 404, 405.]
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Jan. 26.
Whitehall.
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27. Order of Committee of Privy Council. The Commissioners
for Trade etc. are to prepare an Instruction to empower Governor
Belcher to assent to the Act of the Massachusetts Bay, as proposed
in their representation of 20th Dec. Signed, W. Cary. Endorsed,
Recd., Read 2nd Feb., 173 2/3. 1 pp. [C.O. 5, 875. ff. 35, 35 v.,
42 v.]
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Jan. 29.
Charles
Town.
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28. Governor Johnson to the Duke of Newcastle. Encloses
following. Would have passed in silence Mr. St. John's insolence
to himself, rather than take up his Grace's time etc. Continues :
But as his behavour in his publick capacity has almost in every
instance been attended wth. corruption, partiality, and an open
defiance of the power of the Legislature, as well as disrespect and
disobedience to H.M. Instructions, and the orders he has from
time to time received from me, and H.M. Council, grounded on
the said Instructions ; I should think myself inexcusable did I
not lay before your Grace in a clear and true light, matters which
so nearly concern H.M. honour and interest, and the peace and
prosperity of this his Province ; I cannot conceive but what has
already been and now is represented to your Grace on this subject,
will have greater weight with your Grace than any libels fill'd up
with false facts, allegations and the crafty insinuations of one
Whitaker, formerly Attorney General to the Lords Proprietors,
and now a most active fellow in stirring up contention in the
Province, all assented to by Mr. St. John ; for the said Whitaker is
the sole director of that most vain and weakest of men etc. If it
should be my misfortune that any remonstrance from two obscure
men, who are very deservedly odious to the whole country,
should meet with more credit, than what proceeds from H.M.
Governor and Council, it will hardly be in our power to do H.M.
that service, which we shal always be desirous, and inclined to
perform, and which we conceive we should be able to do, were we
not obstructed in our good intentions by their insolent and wicked
measures, in order to debauch the minds of H.M. subjects, and
seduce them from the duty and obedience, which his due to his
sacred person and government. Notwithstanding these many,
and gross misbehavours, I have not suspended the said Mr. St.
John, and if I have committed any mistake in relation to him,
I apprehend it was only in treating a person with too much lenity,
who knows not how to make a good use of it. I shall offer
Mr. St. John a copy of the Council's Representation, if he thinks
fit to have it. Signed, Robt. Johnson. Endorsed, R. April 24th.
2 pp. Enclosed,
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28. i. Representation of the Council of S. Carolina to Governor
Johnson. 15th Dec., 1732. Charges against James
St. John, Surveyor General and Deputy Auditor. (i) For
seven months after his arrival he assumed the title of
Auditor General, appointing George Rolfe his Deputy.
When it was objected to him that the Right Honble.
Horatio Walpole was H.M. Auditor General of all
America, and that the office of Auditor could not be
executed here without a deputation from him, he
answered that Mr. Walpole could not be deemed Auditor
General of this province, because his patent was prior
to H.M. purchase of this county from the Lords
Proprietors. After discharging Rolfe, he appointed
Dr. Daniel Gibson Depty. Auditor. On being interrogated
by the Council, after many prevarriations, he
at length produced a deputation from Mr. Walpole, the
suppression of which for seven months, and his denial
of his constituents' right as above, appears to this Board
a great violation of trust and manifest imposition etc.,
which may frustrate the good effects of the Quit Rent
Law for registering titles in the Auditor's Office, etc.,
many people being discouraged from registring their
deeds in that office, which has so much incurred the
odium of imposition, abuse and uncertainty etc. Believe
he intended to defraud Mr. Walpole of his dues. The
Board showed him great favour on his first coming, but
when they desired to examine into the conduct of his
office, he denied that they had any authority to do so,
and said that he has complained to the Ministry. But
he refused to supply the Board with a copy of his complaints.
Express utmost resentment at his liberties and
disrespectful speeches, saying that he did not value a
fig the Governor and Council etc. To shew that he
would not really pay any obedience to H.E.'s commands,
he continues to take unlawful fees, notwithstanding
the orders of the Governor and Council to the
contrary. He gives out frequently that he has an
interest with the Ministry in England superior to any
interest of Governour and Council, and very often
pretends to receive letters from Mr. Walpole and other
great personages assuring him of their superlative
favour at home. Which acts may very much tend to
weaken H.M. Government here, and such behaviour in
a King's Officer may very much contribute to infuse
notions of turbulence and disobedience into the minds
of H.M. subjects. Pray H.E. to "write home and
desire that a person so corrupt in his office, and so
obnoxious in his behavoiour may be removed from H.M.
service in this Province" and to send copies of this
Representation and following papers etc. Signed, Thos.
Broughton, and seven others. Copy. 6 pp.
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28. ii. Deposition of Francis Yonge. 6th Dec., 1732. St.
John informed him that Mr. Walpole was not Auditor
of Carolina etc. as above, but that office was his by vertue
of his commission for Comptroler and Inspector etc.
Signed, Fra. Yonge. Copy. Certified by, J. Badenhop,
Cl. Con. 1 p.
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28. iii. Advertisement, 27th Nov., 1731, that "James St.
John, Esq., being appointed by H.M. Auditor General
of this Province has now opened his office in Charles
Town" for the registration of lands in accordance with
the act of 1731. Signed, Geo. Rolfe, Dep. Auditor.
Copy. Certified by, Jesse Baden, Cl. Con. 1 p.
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28. iv. Minutes of Council of S. Carolina, 31st May, 1731,
3rd March, 16th Feb., 31st May, 1732, relating to
Mr. St. John's affair. 7 pp.
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28. v. Mr. St. John to Governor Johnson. Nov. 7, 1732.
In reply to letter, does not find by his Commission or
Instructions that he is obliged to lay his proceedings as
Surveyor General before the Council. Has ordered a
list of his deputies to be sent to H.E., that he may
examine them as to the charges paid by them to him,
though he considers that a matter of private contract.
Has ordered a list to be made out of all the platts he
has certified by virtue of H.E.'s warrants etc., but hopes
he does not expect him to produce all the records of his
office before the Council etc. Copy. 1 pp.
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28. vi. Deposition of Peter Goudet of Wyneau in Craven
County. 24th Nov., 1732. The Surveyor General
demanded a fee of 10s. for a precept for running out
1000 acres granted deponent by warrant from H.E.
When he refused, the Surveyor said there was an act of
Parliament for his demanding that fee, and swore by
God that he defyed the Governor, and bid deponent tell
the Governor what he said etc. Signed, P. Goudet.
Copy. 1 p.
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28. vii. Deposition of John Vicaridge, of Charles Town,
merchant. 6th Oct., 1732. Has heard Mr. St. John
say that he did not care what the Governour, Council
and Assembly could do, for that he had a better interest
at home etc., and that the Governor had used him very
ill in apointing some of his Council to lay out the townships
etc. Signed, J. Vicaridge. Copy. 1 p. [C.O. 5,
388. ff. 63, 63 v., 64-67, 68, 69, 70-71, 72, 73, 74, 74 v.,
76, 77.]
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Jan. 29.
Charles
Town.
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29. Governor Johnson to the Council of Trade and Plantations.
Duplicate of preceding covering letter. Signed, Robt. Johnson.
Endorsed, Recd. 23rd April, 1733, Read 27th Aug., 1735. 2 pp.
Enclosed,
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29. i. Duplicate of encl. i. preceding.
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29. ii, iii. Duplicates of encl. iii preceding.
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29. iv, vi, vii. Duplicates of encl. iv preceding.
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29. v. Duplicate of encl. ii preceding.
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29. viii. Duplicate of encl. v preceding.
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29. ix. Duplicate of encl. vi preceding.
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29. x. Duplicate of encl. vii preceding. [C.O. 5, 364. ff. 185,
185 v., 186 v., 187, 188, 189, 190, 191, 192, 193-195, 196,
197, 198-199, 200, 201, 201 v.]
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Jan. 31.
Charles
Town,
Council
Chamber.
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30. Governor Johnson to the Council of Trade and Plantations.
Mr. Secretary Hammerton having laid before me in Council a
letter from the Rt. Honourable Horatio Walpole Esq. of the 24th
July, 1732, wherein he is pleased to tell him that if I will represent
to your lordships and the Lords of the Treasury what the salarys
were which were formerly paid out of the quit rents by the late
Lords Proprietors to their Officers, and which have not been
confirmed by H.M., together with my oppinion of the reasonableness
of them, that they [? and] your Lordships would consider of
them etc. Encloses list of salarys "which were established in
this Province when the mony was about the value of Proclamation
money, without which those offices are inconsiderable," etc.
Signed, Robt. Johnson. Endorsed, Recd. 28th June, 1733, Read
27th Aug., 1735. 1 pp. Enclosed,
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30. i. List of salaries given by the late Lords Proprietors to
their officers :Chief Justice, 80 ; Secretary, 50 ;
Attorney General, 50 ; Receiver General, 10 p.c., and
for his clerk 20 ; Naval Officer, 40. Endorsed, Recd.
28th June, 1733. p. [C.O. 5, 364. ff. 212-213 v.,
214 v.]
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Jan. [ ].
Charles
Town.
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31. Governor Johnson to the Duke of Newcastle. I have
received the honour of your Grace's letter of the 8th Novr. last
by Mr. Oglethorpe, who immediatly proceeded to Port Royal ;
I shall always imbrace all oportunitys to prove the zeal I have for
H.M. service, and the respect I bear to your Grace. I have
recommended to the Assembly now sitting, the giving Mr.
Oglethorpe all the assistance this country can afford, and they
have voted him boats to carry his people to their design'd settlement,
105 head of black cattle, 25 hoggs, and a quantity of rice
for provisions ; and 20 of our Rangers are orderd to cover them
from any insults that may be offerd them by stragling Indians or
others. If anything more is necessary to further the success of
this undertaking, I will do all in my power to forward it. I am
with great respect, My Lord, Your Grace's Most humble and most
obedient servant. Signed, Robt. Johnson. 1 p. [C.O. 5, 388.
f. 61.]
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