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[June 1].
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197. Petition of James St. John, H.M. Surveyor General,
Inspector and Comptroller of H.M. Revenue and Deputy Auditor
of S. Carolina, to the Council of Trade and Plantations. Petitioner
apprehending that the Quit Rent Act, passed in 1731, was very
injurious to the rights, revenue and prerogative of the Crown, he
submitted his observations thereupon, as in duty bound, to the
Lords of the Treasury, the Lords Commrs. for Trade, and H.M.
Auditor General of America, together with some remarks upon the
management and disposition of H.M. lands and revenue in South
Carolina. Petitioner humbly conceives he was only accountable
to those Boards for the contents of such observations. A copy
of them having been sent by his friends to Governor Johnson,
etc. they were laid before the Assembly, who thereupon became
so enraged, that they committed him to prison on a very slight
and frivolous pretence etc. Invites thorough examination of his
conduct, but till it be made, he must lye under a close confinement,
in an hot country in the most sultry season of the year and at a
most exorbitant expence, his sufferings being much prolonged by
the Assembly's delaying business and adjourning themselves many
days together without any apparent reason. He is reduced to a
very bad state of health and prays for his relief, and the suspending
of the violence of the proceedings against him, and for the
enabling him to go on in the discharge of his duty, until his case
be fully heard etc. Signed, Willm. Vaughan, Agent for the
petitioner. Endorsed, Recd. 1st. Read 5th June, 1733. 2 pp.
[C.O. 5, 362. ff. 171, 172, 172 v.]
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June 2.
Philadelphia.
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198. Lt. Governor Gordon to the Duke of Newcastle.
Application being about to be made to H.M. for his royal approbation
of a new Commission from the Proprietaries constituting
me their Lieutenant etc., hopes for his Grace's favour and countenance
etc. Signed, P. Gordon. Endorsed, R. 22nd July. Holograph.
1 p. [C.O. 5, 1034. No. 13.]
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June 4.
Chiswick.
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199. T. Lowndes to [? Sir O. Bridgeman]. Sir, being
requested (as you know) by one of the Lords Commissioners to
set in a fuller light (than in my last) the difference that there is
between the common grants for land in Carolina to private
grantees, and the grants made by the Lords Propr. to themselves,
I beg leave to observe that Carolina having never made, but very
inconsiderable (if any) profit by the quit-rents (after paying the
expence of Govermt.), it was usual for the Lords Proprs. from
time to time to make reciprocal grants to themselves at a peppercorn
rent, which were sold or disposed of to be run out at the
pleasure of the purchaser or other lawfull owners. These grants
tho' not run out or taken up in the life-time of the Grantee were
descendable to the purchaser or owner or their representatives.
The common grants to private grantees, tho' they were to heires,
executors, admrs. and assigns, were never deemed to convey any
property, unless taken up or run out in the life time of the grantee,
and were no more than warrants of election, which were wholly
extinguished by the death of the grantee. There was many times
equitable circumstances, which induced the Proprietors not to
take advantage of such extinguishmt : as the eminent services
of the grantee, a suddain Indian warr, being taken prisoner in
going over to take possession and dying in the ennemies' hands,
etc. The legal reason for this distruction (as I have been told)
arose from this. The Lords Proprietors were seized in fee as
tenants in common and each of them had full possession of one
undivided eighth part and such reciprocal grants were only small
separate parts of what before was contained in such undivided
shares or parts. But the common grantees (unless they run out
their lands) had no seizin and therefore their lands could not
descend etc. Thinks he can convince Mr. Vane by an instance
from the Legislature etc. The most essential difference between
the grants made to me, and the common grants is that mine were
not void, being run out in the life time of the grantee etc. Signed,
Tho. Lowndes. Endorsed, Recd. 5th June, Read 4th July, 1733.
Holograph. 2 pp. [C.O. 5, 362. ff. 188, 188 v., 191 v.]
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June 4.
Jamaica.
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200. Governor Hunter to the Council of Trade and Plantations.
I cannot inform you better of the present state of affairs
than by inclosing an extract from the minutes of Council containing
the proceedings there from the time I had the honor of writing
last to your Lordships, from which you will observe that the
Assembly's assuming to themselves powers which do not belong
to them by the Constitution, by virtue of an inherent right as
they are pleas'd to call it, and the Council insisting on their share
in the Legislature granted them by H.M. Letters Patents and
Instructions, these two last sessions have prov'd very fruitless,
the Council having made the necessary amendments to some bills
and rejected others for the reasons mention'd in the inclos'd
extract, which produc'd there several indecent messages and
sutable replys which you will find there ; Thus nothing having
been done to purpose in the Legislature for the defence or ease
of the subject in a time of imminent danger, they apply'd again
and again for a recess, resolv'd to do no more business this session,
and for that purpose reduc'd the quorum to five members for
adjourning, and encreas'd that for doing business to twenty-five
and so seperated, which oblig'd me by the advice of the Council
on Munday the 28th of May last to prorogue them to the third
of July next. The volunteers who at the request of the Assembly
were rais'd and sent to Port Antonio to march against the rebels,
being streighten'd for provisions, I, in conjunction with some
friends engag'd our private credit to Mr. Pratter who had
furnish'd provisions before, and is mention'd in their votes to
have made that offer again, that he might immediately send to
Port Antonio a sufficient quantity of provisions and other
necessarys to enable them to march out on the intended service,
or, at least, to prevent their disbanding with arms in their hands,
and having receiv'd a letter from the Commanders of that party
that they were in good plight and ready to march, I dispatch'd
orders to the Commanding Officer there to send them out on the
service for which they were inlisted without loss of time. Whether
these orders are obey'd, I know not, having receiv'd no advice
from thence as yet. The groundless persecution of Lt. Col.
Ashworth their Commissary of the Stores and Commander in
Chief of the partys took up as it was intended most of their time,
ended in smoke and convinc'd all unprejudic'd men that it was
commenc'd for that purpose, carry'd on to cast a damp on the
new settlements on the north side, more particularly Port Antonio,
and to discourage men of capacity and probity from being concern'd
in their affairs there. Had they thought fitt to accept of
the repeated offers I made them, I might have ventur'd to promise
your Lordships success against these slaves, but upon the present
foot they have put these matters I shall promise nothing, but that
nothing shall be left undone so far as my abilitys will reach
towards it. The Minutes and Journals of the Council and
Assembly together with the four acts pass'd in one of their
sessions, and mention'd in my letter of 5th May, shall be transmitted
so soon as they can be got ready. Signed, Ro. Hunter.
Endorsed, Recd. 7th Aug., Read 28th Nov., 1733. 3 pp. Enclosed,
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200. i. Extract of Minutes of Council of Jamaica, 23rd-28th
May, 1733. Messages and replies between the Governor,
Council and Assembly relating to the amending money
bills by the Council and providing for the forces imployed
against the rebel slaves. v. preceding. Same endorsement.
Copy. 13 pp. [C.O. 137, 20. ff. 127-128 v.,
132-138, 139 v.]
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June 4.
Jamaica.
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201. Governor Hunter to the Duke of Newcastle. Encloses
copies of preceding letter and enclosure, "which will sufficiently
inform you of the present wretched state of affairs here. The
differences and dissentions between the two houses are risen to
such a height that it will prove a hard task to allay them whatever
danger to the country may follow upon them." Encloses correspondence
with Don Ximenez, "all which I communicated to
Sr. Chaloner Ogle, who as far as I can guess will wait for orders
in this matter from home. I would willingly see matters in a
better state and in less confusion, at least convince your Grace,
that I have omitted nothing for that purpose which is in the power
of any man in my station" etc. Signed, Ro. Hunter. Endorsed,
R. 8th Augt. Extract sent to Mr. Keene. Augt. 16th, 1733.
1 pp. Enclosed,
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201. i. Duplicate of preceding encl. i.
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201. ii.-iv. Governor of Santiago de Cuba to Governor Hunter.
5th May. Two copies and translation. v. 8th May
encl. vi. Endorsed, Copy sent to Mr. Keene, 16th Aug.,
1733.
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201. v. Copy of Hunter to Council of Trade June 4.
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201. vi. Copy of May 8 encl. vii. Endorsed as No. iv.
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201. vii. Abstract of May 8 encl. vi (in English). 3 pp.
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201. viii. Duplicate No. i. [C.O. 137, 54. ff. 238-243 v., 246,
246 v., 247 v.-251, 252-253 v., 254 v.-256, 257, 257 v.,
259-274 v., 276-282.]
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June 4.
Whitehall.
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202. Draft of letter from [? Duke of Newcastle] to Governor
Cosby. Sir, I give you this trouble to recommend, in a particular
manner, to your protection, Mr. Lindsey etc., and to desire your
favour to him, when a proper opportunity shall offer for his
advancement etc. In Mr. Delafaye's hand. p. Annexed,
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202. i. Memorandum by [? Lord Crawford]. Abstract. Mr.
Lindsey was Naval Officer at New York, a post worth
about 140 per ann. that country money. Upon the
present Governor's coming over he was turned out, but
upon recommendation of some gentlemen of that
country, the Governor has now made him Sherriffe of the
Province of Albany, which is just bread for him and no
more. He thinks that the Governor would now do
some more for him, if he had some good recommendations
from London. p. [C.O. 5, 1093. ff. 281, 282.]
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June 7.
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203. Governor Philipps to the Council of Trade and Plantations.
In reply to Mr. Popple's letter enclosing Mrs. Campbell's
complaint, which is in substance the same as a former petition,
encloses proceedings thereupon as a sufficient answer. Continues :
The estate which she setts forth, that I dispossess'd her of, is no
other than the quitt rents payable by the inhabitants to the Lord
of the Country, and who that person is or ought to be, I thought
it my duty to be inform'd from your Lordps. and his Majesty's
Secretary of State, to both whom I had the honour to write for
Instructions upon that head, and in the meantime injoyn'd
the inhabitants to detain in their hands all such moneys growing
due for quitt rents untill farther order, where it still lyes untouch'd
by me, (which I defy to them to contradict) waiting the solution
of that question, so that I hope I cannot be thought by your
Lordps. to have acted arbitrarily, cruelly, or unjustly in this affair.
She imposes grossly on your Lordps. in setting forth, that she is
the only one of Mr. La Tour's heirs who did not evacuate the
country, whereas on the contrary there are four families left joint
executors by him who are and have been resident in that Province
ever since my time. They agreed among themselves to make a
partition of his will and are equall pretenders to the quitt-rents
that were paid to the said La Tour in his life time, by a concession
of the French King for services done by him and to be done, the
which none of his successors have performed etc. Signed, R.
Philipps. Endorsed, Recd. 12th, Read 19th June, 1733. 1 pp.
Enclosed,
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203. i. Order of Queen, Guardian of the Kingdom and H.M.
Lieutenant within the same, in Council. 13th June,
1732. Petition of Agatha Campbell against Governor
Philipps dismissed, the Lords of the Committee for
hearing complaints from the Plantations having reported
it to be frivolous and vexatious etc. Signed, W. Sharpe.
1 p.
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203. ii. Governor Philipps to the Lords of the Committee of
Council. Reply to following. Respondent having, in
obedience to his Instructions, with great difficulty and
much persuasion brought the inhabitants of Nova
Scotia (being all French Papists) to take the oath of
allegiance to H.M. upon the conditions in the said
Instructions, which have been by H.M. most graciously
extended to them after their obstinate refusall for 20
years to comply with the taking the oath ; But being at
last gain'd, it became in the next place his duty to inform
himselfe in the best manner he could, what those rights
libertys and propertys were to the enjoyment whereof
every respective inhabitant took upon himself to be
intitled by the promise this respondent had made to
them in H.M. name. The first and most materiall claim
of this kind (and in which the petitioner is a party with
three or four other familys executors and descendants of
one Monrs. Latoure, the first Governor of that country
for the French King) is a demand they make a
[? in] vertue of said French King's patent in the petition
mentioned of quitt rents to be paid them by all the
inhabitants in acknowledgment of their right of the
seigneury and proprietorship of all the inhabited parts
of that Province even the spot of ground on which the
Fort of Annapolis is erected. This claim appearing to the
respondent very extraordinary and derogating from the
King's prerogative as Sovereign seignr. and Lord of the
Province, etc., he communicated the same to H.M.
Secretary of State and the Lords Commrs. for Trade
etc. Of which proceeding he did acquaint the claimants,
giving them to understand that he must putt a stop
to the further payment of quitt rents till he should receive
answers from home and did give orders accordingly etc.,
but with liberty for the said persons claiming to receive
all arrears due to that time, being March, 1730, and did
not collect or receive any part thereof himself nor apply
one penny to his own use as the petitioner most
injuriously setts forth. But is very well assured they
are now remaining in the tenants' hands waiting H.M.
orders. As to the 80 petitioner charges respondent
with defrauding her of, petitioner is perfectly at a loss
to know what she can mean ; unless it be what she
herself has been pleased to say in private discourse
about a military affair transacted ten years since,
relating to a Commission which this respondent obtained
in the regiment he is Collonel of, for a young volunteer
who afterwards became her husband, to give a particular
account of which this respondent is afraid, woud be
only mispending your Lordships' time etc. Hopes the
Board will be of opinion that there is no foundation for
a complaint against him, he having been no further
concerned than in taking care of H.M. interest. Signed,
R. Philipps. Copy. 4 pp.
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203. iii. Petition of Agatha Campbell, of Port Royal, widow of
Hugh Campbel, late Ensign of Col. Philipps' regiment
etc., in behalf of herself and her five children. States
parentage and claim, ut supra. The property inherited
from the father was secured for petitioner on the
conquest of the Province, the articles of surrender
stipulating, that all the French subjects that were willing
to remain, and become subjects to the Crown of Great
Britain should have the quiet possession and full
enjoyment of the rights, properties and priviledges they
had before etc. Pursuant to the said articles, petitioner
remained and had the full and peaceble enjoyment of this
her right for many years without interruption, as well
before as after her marriage, till Governor Philipps about
two years agoe forcibly dispossed her thereof by
ordering his steward to receive her rents for the
Governor's own use, etc. Petitioner and her children
have nothing else but her pension of 16 etc. Besides
this cruel act of injustice, Governor Philipps hath also
defrauded petitioner of 80 of her husband's mony,
together with other enormous abuses etc. Petitioner
having no prospect of justice in that distant part of H.M.
Dominions, where there is no civil Government to
protect the inhabitants from the unreasonable, arbitrary
and terrifying practices of the Millitary Governors, etc.,
necessity hath forced her on a dangerous and tedious
voyage to implore H.M. justice and protection etc. Prays
to be restored to the full possession of her rights, and
that the Governor make her satisfaction for damage etc.
Petitioner having embraced the Protestant faith and
educated her children therein and in loyalty to H.M.,
her eldest son being a cadet in H.M. service at Pemaquid,
and her second son a cadet at Placentia, she cannot hope
for any help from her wealthy relations in France. Copy.
4 pp. [C.O. 217, 6. ff. 194-199 v., 202 v.]
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June 7.
Whitehall.
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204. Council of Trade and Plantations to Governor Johnson.
Having received from Mr. Vaughan, Agent for Mr. St. John etc.,
a peticon setting forth his having been committed to prison by ye
Assembly, on a very slight and frivolous pretence, to ye great
prejudice of H.M. service there, we have been attended by Mr.
Whitaker etc., and by Mr. Hume late Speaker of ye Assembly ;
and having seen the Minutes of that House and heard what was
offer'd, in behalf of Mr. St. John in respect of ye words represented
to have been spoken by him agt. the Assembly, we have reason to
believe, that had there been no resentment agt. him, on account
of ye informations and observations, which according to his duty
he gave here, upon ye passing ye quit-rent law, the Assembly would
not have been so exasperated against him. We therefore recommend
it to you, to get the rigour of this prosecution abated, as
far as lyes in your power, and likewise to use yor. endeavours to
obtain his discharge from prison ; nothing being more disagreeable
to us, than that any persons, especially those employ'd in
H.M. service, should suffer for having discharged their duty, by
giving any information whatever, to this Board, which they shall
judge may contribute to the publick service etc. [C.O. 5, 401.
pp. 63, 64.]
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June 8.
Whitehall.
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205. Council of Trade and Plantations to the Committee of
the Privy Council. Representation upon memorial of Charles
Dunbar. v. 22nd May. Continue :It has been thought for
the service of the Crown that the Surveyor General of the Customs
in the Southern District of H.M. Dominions in America, should
be of the several Councils within his district. We would therefore
humbly propose, that Mr. Dunbar may be appointed a Councillor
and as such added to the several Councils of Barbados, Bermuda
and the Leeward Islands. With respect to the acts which he
desires to receive from the Clerks of the several Councils without
fee or reward, it were very much to be wished that the General
Assemblies would concur in the expence that must necessarily
attend their compliance with this demand ; and if it shall be H.M.
pleasure, the Governors of the abovementioned Islds. may be
instructed to move their respective Assemblies to that purpose :
But as the success of such a proposal is very doubtful, we would
humbly offer in the mean time that Mr. Dunbar may be allowed
a free inspection, in the public offices within his district of all such
acts and papers as may bear any relation to the duty of his office
without paying any fee or gratuity for the same. [C.O. 29, 15.
pp. 416, 417.]
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June 12.
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206. T. Lowndes to Sir Orlando Bridgeman, one of the Lords
of Trade. Begs to acquaint the Lords Commissioners "that there is
a most scandalous unreasonable interpretation put upon an article
in the Governour of S. Carolina's Instructions, and the Province
will be involved in great difficultys if a remedy be not speedily
applyed. The abuse is committed under the name of family
warrants. Many hundred thousand acres of the choisest land,
upon the best rivers, are run out under the pretence of complying
with an order which was wisely intended for the good of the
Province, and which without abandoning all common understanding,
and common honesty could never have been wrested
as it has been. It is the latter part of the 42 Article, that they
force to give a sanction to their proceedings. I believe the
Lords of Trade have not yet been informed of this unprecedented
transaction etc. There is also a thing in my power to lay before
your board, and which if not timely discover'd and prevented, will
occasion a great deal of trouble to the Lords of Trade and be of
very ill consequence to the publick, and their Lordships' correspondents
(I beleive) can't inform them of this particular till it is
too late. I will undertake candidly to shew their Lordships the
whole affair. But then I hope I may be allowed to depend upon
having (as a reward for the service) their Lordships' favour and
protection in any application, I shall hereafter make to them,
where I have justice, equity or reason on my side. Your Honour
can't have forgot that when the Lords of Trade through misrepresentations
to them had settled the quitt rent in S. Carolina
at 2s. pr. hundred acres Proclamation money, I gave you some
information (to be depended on) that the land would bear a much
higher rent, upon which their Lordships alter'd their resolution
and settled the quitt-rent as it now stands etc. Explains that
Mr. Docminique misunderstood what he said at the Board
recently, and suggests that he be allowed to explain himself to
Mr. Wheelock or Mr. Burrich etc. Signed, Tho. Lowndes.
Endorsed, Recd. 12th, Read 22nd June, 1733. Holograph. 2 pp.
[C.O. 5, 362. ff. 182, 182 v., 187 v.]
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June 12.
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207. Deposition of Robert Thorpe. Declares that he did not
bribe Col. Wm, Bull or any other person in order to get into
possession of a barony of land purchased of Thomas Lowndes,
but that he got the same to be run and plotted and surveyed by
fair and honest methods. Signed, Robert Thorpe. Endorsed,
Recd. 12th June, Read 4th July, 1733. p. [C.O. 5, 362.
ff. 192, 195 v.]
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June 12.
Whitehall.
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208. Council of Trade and Plantations to the King. Recommend
Richard Salter for the Council of Barbados in the room of
Samuel Barwick, decd. [C.O. 29, 15. p. 418.]
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June 13.
Barbados.
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209. Governor Lord Howe to the Council of Trade and
Plantations. Coll. Leslie that was Chief Baron of the Exchequer
having resign'd that post upon account of his being unable
through indisposition to attend the service of it, I made out a
new commission for the Exchequer, in which I left out the four
Barons Assistants to the Chief Baron, there having been several
complaints, made me against them by the gentlemen and merchants
of this island in general ; I have taken care to put in their
places gentlemen of the best characters and who I hope will never
make that ill use of the power with which they are intrusted,
that the others did. I have also sign'd a new Commission for the
Peace and in that have been oblig'd to leave out some people
whose infamous characters make it highly necessary that they
should not be intrusted in any employment. There are several
assistants in the other Courts that I am afraid I must be oblig'd
to remove, but whatever I do, I assure yor. Lordps. will be solely
in regard to H.M. service and the interest of this island, without
any other view whatsoever. I have according to my Instructions
sent yor. Lordsps. inclos'd the names of twelve gentlemen the
best qualify'd to supply the vacancies that may happen in the
Council, they are all gentlemen of very great fortunes and are
very much esteem'd and belov'd in this island. Signed, Howe.
Endorsed, Recd. 7th Aug., Read 7th Nov., 1733. 2 pp.
Enclosed,
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209. i. List of persons proposed to fill vacancies that may
happen in the Council. Signed, Saml. Osborn, John
Gollop, Hen. Peers jr., James Hannay, John Rous, Robt.
Harrison, John Gibbons, John Trent, Reynd. Alleyne,
Wm. Walker, John Lyte, Joseph Ball. p. [C.O. 28,
23. ff. 113-114, 115, 116, 116 v. with abstract.]
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June 13.
Barbados.
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210. Governor Lord Howe to the Duke of Newcastle. Duplicate
of preceding letter, mutatis mutandis. Signed. Howe.
Endorsed, R. 8th Augt. 2 pp. Enclosed.
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210. i. Duplicate of encl. i. preceding. [C.O. 28, 45. ff. 238-240.]
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[June 14].
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211. Charles Purry to the Council of Trade and Plantations.
Memorial upon behalf of Col. Purry. To same effect as petition of
22nd May q.v. Explains that Governor Johnson in order to
induce the Swiss Protestants to settle there issued a proclamation
forbidding any of H.M. subjects to run out or appropriate any part
of the said township or land within six miles of the same, which
said six miles was annexed thereunto by H.M. Instruction, and,
being reserved to H.M. disposal, can be granted without any
expence to the Crown, to encourage the peopling of the township.
Col. Purry is since informed from Carolina that some people have
already run out and appropriated to themselves many tracts of
land, by which means the lands annexed to the said township will
be taken up before he can entitle himself to his grant of 48,000
acres etc. as 22nd May. Endorsed, Recd., Read 14th June, 1733.
2 pp. [C.O. 5, 362. ff. 176, 176 v., 181 v.]
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June 14.
Bolt Court,
Fleet Street.
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212. Mr. Allen to Mr. Popple. Mr. Roberts of Deans Court
in conjunction with several other gentlemen having some time
ago bought eight baronies of land of 12,000 acres each in S.
Carolina of the Rt. Honble. the Lord Carteret, desires, as their
agent, that when the Lords Commrs. for Trade give any orders
relating to titles to lands there that they may be informed that
the said purchasers claim all the rights etc. that did belong to
Lord Carteret with respect to said baronies etc. Signed, Jam.
Allen. Endorsed, Read 19th June, 1733. Addressed. 1 p.
[C.O. 5, 362. ff. 177, 180 v.]
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June 19.
Bennet Street.
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213. Mr. Byng to Mr. Popple. Informs him that he has
surrendered his office of Receiver of Admiralty dues in the Plantations.
Signed, Ro. Byng. Endorsed Recd. 25th June, 1733.
Read 17th Sept., 1735. 1 p. [C.O. 323, 10. ff. 42, 46 v.]
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June 19.
Whitehall.
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214. Council of Trade and Plantations to the Committee of
Privy Council. Reply to 22nd May. In consideration of the
great advantages that may be derived to ye Province of South
Carolina from Mr. Purry's undertaking, who has already imported
150 Swiss Protestants etc., and for his encouragement to proceed
in this undertaking, we are humbly of opinion, that H.M. should
be graciously pleased to grant his request, which may be put in
execution by virtue of an Instruction from H.M. to Colo. Johnson
etc. a drat. of which we have prepared etc. Instruction described.
Annexed,
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214. i. Draft of H.M. Instruction to Governor Johnson. You
are to grant the Sieur Purry a quantity of land, in part
of the grant of 48,000 acres, in proportion to the number
of Swiss he has already imported, and so from time to
time in proportion to such numbers as he shall import
and settle in that Province, until he shall have imported
and settled the full number of 600 etc. The said 48,000
shall be forthwith marked out, in the lands lying most
contiguous to those set apart for the Swiss townships.
And you are further required to take especial care that
no part of ye said 48,000 acres be granted to any person
except the said Sieur Purry, nor any part of the sd.
townships to other persons, except to ye Swiss Protestants,
intended to be settled there, until our further
pleasure be known. [C.O. 5, 401. pp. 65-69.]
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June 21.
Whitehall.
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215. Order of Committee of Privy Council. The Council of
Trade etc. are to prepare a draught of an Additional Instruction for
Governor Mathew, empowering him to receive an additional
salary in each of H.M. Leeward Islands agreable to and under the
like conditions with that which was lately given to the Lord
Viscount Howe etc., and that they do insert one other condition
therein vizt., that the acts for settling such salary upon him should
be passed before the Assemblys proceed upon any other business
etc. Signed, W. Sharpe. Endorsed, Recd. Read 26th June, 1733.
p. [C.O. 152, 19. ff. 156, 161 v.]
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June 21.
Whitehall.
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216. Report of Committee of Privy Council. Submit for H.M.
approval draft of Instructions of Governor Mathew, taking
exception to the inclusion of Wavell Smith in the Council, (v. 19th
July), and recommending clause relating to the Governor's salary,
as 19th July. Signed, W. Sharpe. Endorsed, Recd. Read 20th
Dec., 1732. 4 pp. [C.O. 152, 19. ff. 190-192, 193 v.]
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June 22.
Claremont.
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217. Duke of Newcastle to Mr. Solicitor General. I had the
honour of your letter with the inclosed from My Lord Craven,
recommending Mr. Craven to succeed Mr. Johnson in the Government
of South Carolina ; I beg would you be so good as to send
the inclosed to his Lop., not knowing myself whether My Lord be
in town or in the country etc. Is not sure there will be a vacancy
etc. as in following. Concludes : I am extremely sensible of your
goodness to me etc. P.S. I have been so hurry'd between this
place, Richmond and London, that I hope Ld. Craven, and
yourself, will excuse my not having sooner answered your letters ;
which I beg you would be so good as to hint to his Lop. Copy.
1 p. [C.O. 5, 383. f. 7.]
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June 22.
Claremont.
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218. Same to Lord Craven. I had the honor of your Lops.'
letter from Mr. Solicitor General, and beg leave to acquaint your
Lop., that tho' there are complaints against Governor Johnson,
there has yet, as I apprehend, been no determination upon them ;
nor is there any resolution taken to remove him etc. Signed,
Holles Newcastle. Copy. 1 p. [C.O. 5, 383. f. 5.]
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June 22.
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219. Office Expences of the Board of Trade, Lady Day
Midsummer, 1733. See Journal of Council. Endorsed, Recd.,
Read 25th June, 1733. 6 pp. [C.O. 388, 80. ff. 75, 76 v.-79,
80 v.]
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June 22.
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220. T. Lowndes to the Council of Trade and Plantations.
The Province of Georgia is in imminent danger of being ruined,
at least the settlement will be vastly discouraged, and the intent
of the publick frustrated, and your Lordps. must have almost
endless applications, if what I have to propose be not taken
immediately under consideration. I intend to set out for France
on Wednesday next ; the constant acute pain I am in renders me
unfit for the honour of having a long audience at your Lordps.
Board : if the terms proposed in my last (wch. I hope are not
reckon'd immodest) are granted me (v. 12th June), I will honestly
communicate in writing what this matter (which your Lordps.
will find to be of great importance) is etc. Signed, Tho. Lowndes.
Endorsed, Recd., Read 22nd June, 1733. Addressed. Holograph.
1 pp. [C.O. 5, 362. ff. 178-179 v.]
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June 25.
Whitehall.
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221. Council of Trade and Plantations to the Lords Commissioners
of the Treasury. Request payment of petty expences of
the Office, Lady Day to Midsummer, 1733, amounting to
279 4s. 1d., and of Officers' salaries, 287 10s. [C.O. 389, 37.
pp. 346, 347.]
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June 25.
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222. T. Lowndes to the Council of Trade and Plantations.
In consequence of letters June 12th and 22nd etc., I humbly beg
leave to observe to your Lordps. that the late Lords Proprs. of
Carolina did in June, 1717, grant to Sir Robert Montgomery (in
trust for another person) all the tract of land between the rivers
Alatamaha and Savanna etc., which grant, tho' really void, is
now revived and stands fully confirmed and established by etc. an
act passed in S. Carolina 1730, for remission of arrears of quitt
rent etc. The territory mentioned in Montgomery's grant is now
by H.M. letters patents created into the Province of Georgia. I am
by good hands informed that the person, who pretends to claim
under this grant, intends in a short time to take possession of
it. And if once possession is got, which in all probability may be
done, before the act is repealed (a person being now arrived from
Carolina to support it, and the Agent praying to shew cause before
the Lords of the Council for its confirmation) the claimant must
certainly have in view the maintaining his title by a subscription,
in the year 1720, of a large summ of money, made by many persons
of the best rank and quality. Great part of which money was
said to be expended, in buying arms, cloaths, tools, utensils etc.
for settling and cultivating some islands or part of the territory
mentioned in the abovenamed grant, wch. territory or islands are
a part of Georgia. Your Lordps. in your report for repealing this
bill having not objected to the confirmation of Montgomery's
grant is construed as a tacit acknowledgemt. of its validity. In
the year 1725 there was a treaty set on foot, betwixt the late Lords
Proprietors and the persons claiming under the grant to Sir
Robert Montgomery, from wch. (if once possession is got) many
arguments for pretended equity may be drawn. The papers
relating to that treaty are my property and in my possession and
ready to be produced. The grant from the late Lords Proprietors
is very loosely and improperly worded, and affords many advantages
to the views the persons claiming under it may have, if (as
the act of Carolina now stands) the grant be entred upon. The
various involved and complicated transactions that have been
carried on either really, or pretendedly under this grant to
Montgomery, may I humbly presume (if care be not taken)
occasion your Lordships innumerable applications. I hope I
have made out, what I undertook, and 'twould be impious in me
to doubt the performing of what I was promised on 22nd inst. in
the name of your Lordps'. Board and which I humbly insisted on
in my letter of 12th inst., as a reward for this service etc.
(v. 12th June). The Earl of Westmorland (to whose goodness I
have great obligations, will now see I have done what I took the
liberty to inform his Lordp. I could do, in my letter to his Lordp.
of 4th May, 1732. And I delayed giving your Lordps. this
information till I saw the King's Officers, who wrote over against
this act to miss the point ; and that the intent of the publick as to
the settlement of Georgia was just going to be frustrated. When
the limits in North America betwixt Great Britain and Spain are
to be adjusted, I have something (I presume) of consequence to
lay before your Lordps. Board. Signed, Thomas Lowndes.
P.S. The grant to Montgomery is entred at large in one of the
late Lords Proprietors' books wch. (I beleive) was delivered in to
the Plantation Office upon the Crown's purchase, and there is in
another of their books a memorandum of this grant etc. Azilia
and the Golden Islands are all in the same grant to Montgomery.
Endorsed, Recd. 26th June, Read 4th July, 1733. Holograph.
2 pp. [C.O. 5, 362. ff. 189-190 v.]
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June 26.
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223. Mr. Paris to [? the Council of Trade and Plantations].
Enters a caveat against any order or report for the removal or
suspension of Lewis Morris, Chief Justice of New York and
President of the Council of New Jersey, until notice be sent him,
that he may be first heard etc. Signed, 26th June, 1733. Endorsed,
Recd., Read 26th June, 1733. p. [C.O. 5, 1056. ff. 32, 33 v.]
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June 27.
Whitehall.
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224. Council of Trade and Plantations to the King. Propose
William Gordon for the Council of Jamaica, in the room of Henry
Stout, resigned. [C.O. 138, 17. p. 388.]
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June 27.
Whitehall.
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225. Council of Trade and Plantations to Lord Harrington.
Enclose representation upon H.M. title to Sta. Cruz, as directed
14th June. Continue :As the King's title to this island does
not yet appear to us to be quite so clear as we could wish, we have
drawn our report in general terms such as may be communicated
to a forreign Court ; But we thought proper at the same time, to
send your Lordship the real state of that affair, for H.M. information,
as it appears at present to us vizt. ;That the English and
Dutch possessed this island in common before 1645, and that
there were about 100 French, who had deserted from St. Christophers,
settled among the Dutch. That the Dutch after several
battles with the English, at last left the island, as did the French
deserters also ; But the Spaniards about 1650 made a descent
upon the island, and having attacked the English unprovided,
killed many of them, and the rest escaped to St. Christophers.
Soon after this the French landed here and drove off the Spaniards,
who retired to Porto Rico. In 1653, the French King gave this
island to the Knights of Malta, and to the year 1671 there was a
succession of French Govrs., when the French with all their
effects, were removed by the French King's order, to encrease
his Colony at St. Domingo, since which time we have had some
woodcutters settled there, and it has long been an Instruction to
H.M. Govrs. of the Leeward Islands to suffer no other nation to
settle there. This is all we have hitherto been able to collect
relating to the history of this island, and if it is to fall into any
other hands, but those of H.M. subjects, it would seem more for
our interest, that the Danes should be the possessors rather than
the French. Autograph signatures. 2 pp. Enclosed,
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225. i. Same to the King. In reply to command of 14th June.
We have been some time collecting of materials from
the Registers of our office etc., and so soon as that
collection shall be compleat, we shall humbly lay the same
before your Majesty. But in the meantime it is to be
hoped, considering the good correspondence and friendship
which has so long subsisted between the Crowns
of Great Britain and Denmark, that his Danish Majty.
will not be too hasty in consenting to a purchase of a
territory claim'd by Great Britain, until your Majty's.
right to it in opposition to the pretentions of France,
shall have been fully discuss'd and determined. Autograph
signatures. 2 pp. [C.O. 152, 40. Nos. 34, 34 i. ;
and 153, 15. pp. 227, 228 ; and C.O. 389, 29. pp.
74-78.]
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June 28.
Whitehall.
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226. Council of Trade and Plantations to the Duke of Newcastle.
Enclose extract from General Hunter's letter of 27th
March, relating to an insult and depredation made by order of
the Governor of St. Iago de Cuba at Port Morant, "lest what
Genl. Hunter has wrote to your Grace, should have miscarried."
Autograph signatures. 1 p. Enclosed,
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226. i. Extract from Governor Hunter's letter referred to in
preceding. 1 p. [C.O. 137, 47. ff. 157, 160.]
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June 28.
Whitehall.
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227. Same to Same. Enclose copy of Capt. Coverley's
deposition relating to an intended expedition against Port Royal ;
"tho' we hope there was never any solid foundation for what ye
sd. Master heard at the Havana." Autograph signatures. 1 p.
Enclosed,
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227. i. Copy of deposition of Nathaniel Coverley referred to in
preceding. 2 pp. [C.O. 137, 47. ff. 162, 164, 164 v. ;
and (without enclosure) 5, 401. p. 70.]
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June 28.
Richmond.
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228. H.M. Warrant appointing Benjamin Pemberton Clerk
of the Naval Office, Massachusetts Bay. Countersigned, Holles
Newcastle. Copy. [C.O. 324, 50. pp. 60, 61 ; and 324, 36.
pp. 417, 418.]
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June 28.
Boston.
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229. Governor Belcher to the Council of Trade and Plantations.
Abstract. Since his last, has met the new Assembly. By
their Journal, enclosed, the Board will see they seem resolved to
supply no money in support of the Government or paying their
debts, till there comes a conclusive answer to their Address and
Memorial. He therefore desires despatch of these affairs. Has
done all he can : what remains must be for His Majesty. Again
represents the great distress for want of a good medium for trade,
and asks for leave to sign bills for emitting bills of credit for
both Provinces, as 13th Jan. supra. The restriction he is under
does not "fully answer the end of preventing the multiplication
of paper currency of the low mean value it constantly is, since
Connecticut and Rhoade Island issue out what of it they please
without controul" etc. Requests that the mandamuses for
Messrs. Sherburn and Husk [to be Councillors of N.H.] may be
delivered to Mr. Partridge. Continues : Your Lordships will
observe by the votes of the Massachusetts Assembly, that there
arose a difficulty the 6 currtt. about their voting my support, and
some men of great influence were intirely against my having any,
unless I wou'd break the King's Instructions, and sign the bill
for supply of the Treasury in the way they are contending for, and
contrary to the Charter, and the question put for my support
was first of all past, without those words, at this time. But when
the violent opposers to any peace in the Government lookt on
the question so standing, it's supposed they thought it was too
bold and barefac'd upon the King, to whom they have made so
many publick and solemn promises of amply and honourably
supporting His Governour, and to do it, the first thing at their
May Session. Therefore after the vote was past of 6 currt.,
they proposed an amendment to it of those words, at this time.
And yet when the motion came forward again on the 15th, the
same sett of men oppos'd any bill for the Governour's support,
unless it were tackt to a bill for supply of the Treasury in the
manner beforemention'd, etc. Encloses bill passed by Council
and Representatives, 20th currt., for 3000 for his support, and
requests leave to give his assent to it, and a general leave for the
future etc. There is not the least prospect of a Govr.'s being ever
supported by an Assembly here, in any other manner, and it is
a great hardship upon a Governour to spend his salary a year
before he gets it etc. "Shou'd my mortality happen while
solliciting for leave, the Assembly seems to me have so little
justice or honour as that I don't expect the grant wou'd ever be
reviv'd" etc. The royal leave arrived last year only five days
before the Assembly must have expired etc. Set out, Mass. Hist.
Soc. Coll. 6th Ser. VI. 307. Signed, J. Belcher. Endorsed,
Recd. 14th, Read 30th. Augt., 1733. 9 pp. quarto, large margins,
with abstract. Enclosed,
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229. i. Bill for granting 3000 for support of H.M. Governor
etc. as above. Copy, examined by, J. Willard, Secry.
Endorsed, Recd. 14th Augt., 1733. 1 p. [C.O. 5, 875.
ff. 180-184, 185 v., 186, 187 v.]
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June 28.
Boston.
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230. Governor Belcher to the Duke of Newcastle. Begins
as preceding. Continues :Your Grace will please to observe
that notwithstanding my mentioning again to the Assembly the
fixing a salary on the King's Governour, yet they resolved the
question in the House of Representatives in the negative with
nemine contradicente, and it was with some difficulty that they
voted my support for the current year, tho' I cou'd understand
no other reason for any opposition to it but the strict practice of
my duty to the King, and I don't intend, may it please your
Grace, this people shall ever have any other complaint against
me, but that of being a faithfull servant to the Crown. I now
humbly cover to your Grace a copy of the bill past this session
by the Representatives and by H.M. Council for my support for
the currt. year ; and am again humbly to intreat your Grace's
favour that I may have the royal leave for giving my assent to
this bill, and I hope your Grace will think it most consistent with
the king's honour that the leave be general for the future, which
will save your Grace a great deal of trouble, and me a great expence
in solliciting leave to take my bread, and I think myself oblig'd to
repeat to your Grace, that there is not the least prospect of a
Governour's ever being supported by an Assembly here in any
other manner, etc. as preceding. Signed, J. Belcher. Endorsed,
R. Augt. 23d. 6 pp. Enclosed,
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230. i. Duplicate of encl. i. preceding. 1 p. [C.O. 5, 899.
ff. 34-36 v., 37 v., 38.]
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June 29.
Whitehall.
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231. Council of Trade and Plantations to the King. Offer
for H.M. confirmation 13 private acts of Virginia, 1730, 1732,
(v. 7th May). "No complaint has been offered to us against any
of them during the six months in which they have lain by in our
office to give opportunity to any person aggrieved to assert their
right." [C.O. 5, 1366. pp. 103-107.]
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June 29.
Jamaica.
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232. Governor Hunter to the Council of Trade and Plantations.
Refers to letter of 4th June and news that the volunteers were
about to march from Port Antonio etc. Continues : Immediately
upon the back of that I had advice that they would not march
without a month's pay that had been promis'd them by the
Assembly, for which with some difficulty I procur'd credit, as well
as for the quantity of provisions necessary for the expedition,
and having solicited and encourag'd the neighbours and planters
of that place to supply what was wanting as to baggage men by
their own negroes, I again order'd their march with all possible
expedition, and accordingly on the 15th inst. they march'd out
from Port Antonio, altho' they were deserted by twenty-six of
their arm'd negroes on their march. They after having beat the
rebels from a pass on their march enter'd their towns on the 21st
which upon their flight they set fire to and fled to a mountain of
very difficult access in the neighbourhood, whither the Commanders
sent the next day a Lieut, with a party of 50 men who
were beat back with some loss, which your Lordps. will best
understand by the coppy of the inclos'd letters ; I have order'd
them supplys and have sent them round a detachment from the
Independent Companys, such as could be spar'd from their
necessary duty, that all hands there in the country's may be
employ'd in keeping possession of the fastnesses of the negro
towns. This was all that was in the power of man to do in my
station, and wish it may be attended with success. Our Assembly
is to meet on Tuesday next and I flatter myself that the dangers
of the country, from the arts of designing men, who take upon
themselves to be leaders of others, are now so apparent that they
will enter into some solid measures for it's security and retrieving
its credit, almost intirely lost. Signed, Ro. Hunter. Endorsed,
Recd. 28th Aug., Read 28th Nov., 1733. 2 pp. Enclosed,
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232. i. Lt. Draper to Gov. Hunter. Titchfield. June 25th,
1733. Encloses following etc. Continues : All the intelligence
I can learn from the detachment they have sent
down which consists of only one serjant, five negroe
shott and 40 baggage, is that they were ambush'd before
they came at the town, but that Capt. Lamb according
to my advice with 30 or 40 men drew off and march'd
round a back of the ambush and fired briskly on the
rebels whilst the main body were attacking them in
front who finding themselves so closely attack'd soon
abandon'd it. After which our party became masters
of the towns or rather the ground, the negros having set
fire to all the houses and left behind only a few potts
and crockery ware, the place they flew to for refuge
was a top of Carrion Crow Hill where a body of 52 men
pursued under the command of a Lieutenant who were
defeated by a stratagem the rebels had taken in pileing
up a vast heap of stones against which they set up
props till our party came near, so soon as which, the
hill being excessive steep, they pull'd away and the
stones run down with great violence on them, the
rebels seeing the confusion this had put them into,
followed the stones close and distroy'd several of the
party and took 3 alive. As I think the detachment
they have sent down with the express too weak to
protect the ammunition and provisions sent for, I
have reinforced them etc. Details. Names of four
deserters. Signed, J. Draper. Endorsed as preceding.
Copy. 1 pp.
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232. ii. Capt. Williams and Capt. Lambe to Lt. Draper. We
got possession of all the negroe towns yesterday morning ;
but this day they have in a manner surrounded us, and
are continually attempting to retake it ; This morning
we sent up to Carrion Crow Hill, a party of 52 shott, in
order to pursue and disperse them, but our party found
'em in ambuscade, and fired briskly on them for the
space of half an hour, but were at last oblig'd to fly down
an horrible precipice, where several of them were
extremely hurted, some kill'd, two or three taken alive,
besides five or six shott or wounded : We cannot
certainly inform you what loss we have sustain'd,
because at this instant the negroes are actually attacking
us at two sevll. avenues. Request guns and ammunition,
half of theirs' being already expended etc. Signed,
Henry Williams, Ebenezr. Lambe. Without date. Same
endorsement. Copy. 1 p. [C.O. 137, 20. ff. 140-143,
146 v., 147 v.]
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June 29.
Jamaica.
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233. Governor Hunter to the Duke of Newcastle. Duplicate of
preceding letter to Council of Trade, mutatis mutandis, with addition
of following paragraph :I am in the next place to acquaint your
Grace that so many of the persons against whom I had issu'd
warrants for the robery of the St. Michael as appear'd, were
acquitted by the jury the last Grand Court, to my great surprize,
for the bill was found by the Grand Jury ; I have order'd the
Attorney General with his Assistant to prepare and bring me a
particular account of all that process, which so soon as I receive,
shall be transmitted to your Grace. I am with the greatest
honor and truth, My Lord your Grace's most faithfull and most
humble servt., Signed, Ro. Hunter. Endorsed, R. 27th Aug.
3 pp. Enclosed,
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233. i., ii. Duplicates of encl. i., ii. preceding. [C.O. 137,
54. ff. 284-286 v., 287 v., 288.]
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June 30.
Boston.
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234. Governor Belcher to the Duke of Newcastle. I have
often re'd with great duty and pleasure the honour of your
Grace's letter in favour of Mr. Shirley, which with his personal
merit will always command from me every respect and friendship
in my power. But really, My Lord Duke, there is hardly any
place here in the gift of the Governour worth Mr. Shirley's notice :
Upon the death of the Judge of the Admiralty for this and the
neighbouring Province, I gave him a commission to succeed, which
he held a little while, but finding it a hindrance in his practice of
the law, he has resign'd it. Nor is that place worth a gentleman's
care or trouble, for the whole perquisite of it is not thirty guineas
a year. But if your Grace cou'd find any place in the gift of
H.M. here, for so worthy a gentleman as Mr. Shirley, I am sure
he wou'd do honour, in any station, to your Grace's countenance
and patronage ; and shou'd there hereafter happen a vacancy
of the Surveyor of the Customs, or of the Collector for this port,
either of those places wou'd be a handsome support for Mr.
Shirley's family, and worthy of your Grace's donation, etc. I
have the honour to be, with all possible respect and deference,
My Lord Duke, your Grace's most obedient and most devoted
humble servant, Signed, J. Belcher. Endorsed, R. Augt. 3.
3 pp. [C.O. 5, 899. ff. 40-41 v.]
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