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Aug. 18.
Jamaica.
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311. Governor Hunter to the Council of Trade and Plantations.
Yesterday the 17th after having given my assent to the
four last acts in the list herewith inclos'd, the others having before
receiv'd it, I prorogu'd this Assembly to the 2nd of October next,
having first spoke to them in answer to a very odd message of
theirs as in the inclos'd copy. Your Lordships have here also a
copy of that message. (v. 22nd Aug. encl. i.) The partys
consisting of one hundred men of the two Independent Companys,
one hundred of a country party, and two hundred seamen begun
to file off from Port Antonio on Wednesday last in order to attack
the slaves in their fastnesses on three accessible quarters at the
same time. They have done much mischief of late and flusht with
success have ventur'd to plunder a plantation within sight of the
town of Titchfield and some others more remote, and have of late
been troublesome in several other parts of this island. The
Bristol ship on board of which this letter is to go being ready to
put to sea, I can at this time add no more, than that I am with all
honor, Signed, Ro. Hunter. P.S. Will transmit journals and
minutes of Council and Assembly so soon as they can be got
ready. Endorsed, Recd. 15th, Read 28th Nov., 1733. 1 pp.
Enclosed,
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311. i. List of Acts passed the two last sessions. (i) for the
speedy fitting out of partys to suppress the rebellious
slaves etc. ; (ii) for raising several sums etc. for subsisting
the two Independent Companies, preventing the exportation
of several commodities into the French and Spanish islands,
and subjecting the party men to the rules and articles of
war in force in this island in the time of the last martial
law ; (iii) for the ease of the inhabitants of the parish of
St. James ; (iv) for the more speedy and effectual collecting
the publick and parochial outstanding debts ; (v) for
securing and collecting H.M. quit-rents, fines and forfeitures
etc., and for regulating the manner of escheats, and for
securing the possessors of lands already forfeited and
settled and further discovery of such forfeited lands and
encouraging the settling thereof ; (vi) to repeal part of an
act to oblige the inhabitants to provide themselves with a
sufficient number of white people etc. ; (vii) for running,
cutting and clearing the dividing lines, and cutting of
roads in and between the parishes of Westmorland and
Hanover, and for repairing a bridge over Cabbaritta River
etc. Same endorsement. 1 pp. [C.O. 137, 20. ff.
165-166 v., 169 v., 170 v.]
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Aug. 18.
Jamaica.
|
312. Governor Hunter to the Duke of Newcastle. Has only
time to refer his Grace to enclosed. Will send more particular
accounts as soon as possible. Signed, Ro. Hunter. Endorsed,
R. Nov. 18th. 1 p. Enclosed,
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312. i. Governor Hunter's Speech to the Assembly of Jamaica,
17th Aug., 1733. (v. 22nd Aug. encl. i.)
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312. ii. Message of Assembly to Governor Hunter, 15th Aug.
(v. 22nd Aug. encl. i).
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312. iii. Duplicate of Hunter to Council of Trade. 18th Aug.
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312. iv. Copy of 18th Aug. encl i. [C.O. 137, 54. ff. 318,
319 v.-321, 322, 324, 324 v., 326, 326 v.]
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Aug. 18.
Pilgrims.
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313. Governor Lord Howe to the Duke of Newcastle.
Encloses copies of correspondence with the Governor of Martinique
relating to the evacuation of Sta. Lucia, St. Vincents and
Dominico. Continues : By which your Grace will find there
was a stop at first to the publishing our orders, occasion'd by a
story rais'd on purpose to delay the putting them in execution,
which was, that I had order'd a sloop from hence to take possession
of those islands in the King's name, tho' the thing was intirely
false and therefore I disown'd it in my letter to Monsr. Champigny,
yet I thought proper to acquaint him at the same time that I had
order'd my Commission to be publish'd in those islands, but that
being no new thing, all H.M. Govrs. of the Caribbee Islands having
had that Instruction, it coud have no relation to the present
dispute, when this was clear'd up, the French Governour came
into everything that was propos'd and had it not unfortunately
happen'd, that the sloop prepar'd by the gentlemen here for
Colonel Maxwell, sprung a leak, which render'd her incapable of
sailing to Dominico and St. Vincents, I shoud now have sent your
Grace an account of our orders having been publish'd in those
two islands, as well as in Sta. Lucia, which was done on Monday
the 30th of July by Colonel Maxwell jointly with Monsr. de
Rearney, Major and Lieut. de Roy of Martinique ; this being the
time of year in which the hurricanes are expected, I am afraid it
will be impossible for me to get this affair finish'd by having our
orders publish'd in Dominico and St. Vincents so soon as I coud
wish, but your Grace may be assur'd I will take the first opportunity
of obeying H.M. commands and shall take care that everything
is done conformable to my orders with all the expedition
imaginable. Your Grace will observe that Monsr. Champigny
desir'd me to join with him in allowing the inhabitants of Sta.
Lucia a longer time for evacuating that island than was granted
them in our orders, but as I did not think myself impower'd so to
do, I did not consent to it, but insisted that everything must be
done according to the order, which if they do not comply with in
everything, I shall immediately have the honour to advise your
Grace of it. I have also inclos'd to your Grace copys of the
Journals of the Council and the Minutes of the Assembly from the
day of my arrival to the 12th day of July inclusive. Upon
looking over the Council books I found there had been an order of
his late Majesty in Council to remove Col. Thomas Maycock from
being in the Commission of the Peace, which as I had not an
opportunity of knowing before the last Commission of the Peace
was made out and it having slipt the gentlemen that had
the care of regulating that Commission, he was inserted, but as
soon as I found the mistake, I immediately acquainted the Members
of the Council with it, who unanimously agreed that a writ
should be issu'd to supersede him, which was accordingly done
etc. Col. Leslie one of the Council is dead etc. Recommends
Henry Peers jr., Esq. to supply the vacancy. Mr. Pilgrim one
of the Members of the Council and chief Judge of the Bridge
Court being gone off the Island for his health, Mr. French and
Mr. Weekes junr. two of his Assistants having desir'd to be excus'd
from serving any longer and the Members of the Council being
unanimous in their opinions that the other two Assistants Mr.
Young and Mr. Charnock were not proper persons to be continued
in that Court I have with the advice of the Council fill'd it
up by appointing Judge Beccles Chief Judge, Mr. Brace, Mr. Ball,
Mr. Nath. Haggat and Mr. Roberts Assistants. Signed, Howe.
Endorsed, R. 3rd Nov. 3 pp. Enclosed,
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313. i. Governor Lord Howe to the Marquis de Champigny,
Governor of Martinique. Pilgrim, June 23, 1733.
Upon my arrival at Barbados finding the orders of the
King my Master and his Most Christian Majesty concerning
the entire evacuation of Sta. Lucia, St. Vincents and
Dominico, all which islands are under my government
and to which the King my master has an undoubted
right, have not yet been put in execution, which I
suppose may proceed from an objection your Excellency
is pleas'd to make in your letter to the President
Berwick that you knew of no orders but those directed
to Governor Worsley etc., I must acquaint your Excellency
that objection can have no weight, for the order
sent to Mr. Worsley is directed in his absence to the
Commander in Chief or to the President of the Council
for the time being, but the King my Master being
desirous to remove any difficultys that there may still
be with regard to the former order has signed a new one
directed to me etc. Sends copy by Col. Maxwell, who
has full powers from him to concert with his Excellency
measures for proceeding forthwith to the reciprocal
evacuation of the said Islands etc. Copy. 1 pp.
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313. ii. Marquis de Champigny, to Governor Lord Howe. Fort
Royal, Martinique. 12th (N.S.) July, 1733. Acknowledges
receipt of preceding letter relating to Sta. Lucia,
St. Vincent and Dominico, "the first belonging to the
King my Master and the other two to the native Caribs in
accordance with the Treaty made between our two
nations, 31st March, 1660, and in the possession of which
it is the intention of the King my Master that they
should be maintained. As to the letter of Mr. Berwick,
10th May, 1732, referred to, the deputation then sent to
me was only a first step towards an agreement as to the
method executing our orders from our royal masters.
My reply shows my sincere and favourable inclination
to conclude this affair when it should be deemed convenient.
I must frankly own, Sir, that I flattered myself
that the Governor of Barbados would have arrived
during that time, so that I might have the satisfaction
of dealing with my equal, as happens now in the person
of your Excellency etc. Immediately upon the arrival
of Mr. Maxwell, I had given orders for finding a suitable
sloop for carrying to Sta. Lucia the officer I have
empowered to execute our orders conjointly with him.
But in the mean time etc. reliable information reached
me from Sta. Lucia that a person of your nation (whose
name I was asked not to disclose) happening to dine on
the 7th inst. with a Frenchman in that island had
declared before seven or eight other Frenchmen that in
the previous week an English sloop, from Barbados, had
anchored off the Pointe de Sable of Sta. Lucia, and that
forthwith several English officers had landed, and gone to
the house of one Cordes, an Englishman, and that they,
with a flag and several drums had taken possession of the
island on behalf of your Excellency, by order and on
behalf of His Britannic Majesty ; and that from thence
the said sloop was to go to St. Vincent and Dominico
to take possession of them in the same manner. This
news, etc. makes me think that I ought not to proceed
to the execution of my master's orders until I have
verified the fact or obtained a disavowal from your
Excellency of your having taken possession of the said
islands etc. Signed, Champigny. French. Copy. 3 pp.
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313. iii. Mr. Ollivier to M. Poinsable, Lieutenant de Roy at
Martinique. Ste. Lucie, 9th July (N.S.), 1733. You
will doubtless have learnt that the English have taken
possession of this island, with flag flying and to the
sound of the drum. I have just received confirmation
of the affair, and that the ship which brought the
officers there is still at the old Fort. She has 8 guns etc.
The King's ship stationed at Guadeloupe has been
informed, and that stationed at Martinique is at anchor
with the other at the careening etc. Signed, Ollivier.
Addressed. Copy. French. 1 pp. [C.O. 253, 1.
No. 63.]
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313. iv. Governor Lord Howe to the Marquis de Champigny.
Pilgrims. July 22, 1733. Reply to No. ii. As I have
not sent any boat with any such orders, I am very much
surprised at this account, nor can I imagine it can be
true, but should this have happened and I could know
the persons that dared to take this liberty they should
be severely punished. Hopes H.E. will not believe
that he would take such a step during their negotiations
etc. Indeed upon my first arrival and long before I did
myself the honour to send to your Excellency I ordered
my commission to be published in the islands under
my government according to an Instruction which has
been always given by H.M. to all his Governours of his
Caribbee Islands, which as it is no new thing, it cannot
possibly have any relation to the present dispute, but
I chose to say this that it might not be understood by
my disowning the account of M. Olivier, that the King
my Master by his having agreed with his most Christian
Majesty that these islands should be evacuated by both
nations, is in the least diffident of his undoubted right to
all those islands. Should Monsr. Olivier's account be true
etc., it must have been carryed on by some ill-designing
persons on purpose to frustrate and put off the immediate
execution of our orders, but as I have entirely cleared
up this point etc., hopes H.E. will not delay, and therefore
sends Col. Maxwell again to concert measures for
the evacuation etc. Signed, Howe. 2 pp.
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313. v. Marquis de Champigny to Governor Lord Howe.
Fort Royal, Martinique. 13th (N.S.) Aug., 1733.
Acknowledges preceding. He had sent to the islands
for information, but was so surprised to learn on all
sides that there was no confirmation of the report, that
he was about to dispatch a vessel to inform the Governor
of Barbados that they had been deceived. On the
arrival of Col. Maxwell with Capt. Reddish, he at once
sent a vessel under M. de Kerney to accompany them.
The proclamation was made at Sta. Lucia in the Port
of the Petit Carnage on the 9th, to the satisfaction of
our two deputies, and with all the submission one would
have expected from good and faithful subjects, and with
acclamations of joy which one could not have anticipated
in such circumstances. The two sloops were proceeding
to do likewise at St. Vincent and Dominique, when Col.
Maxwell came on board M. Kearney, informed him that
his sloop had sprung a leak and was so low in the water
that he could not continue the voyage in this season of
bad weather. The deputy will no doubt explain to
you the reasons why I decided to send him back to
Barbados in the best vessel we could find, in spite of
my offers to repair his sloop here without any expense
to him, a right of hospitality legitimately due between
good neighbours, etc. Continues : Although this
unforeseen accident has interrupted the complete
performance of our instructions, I think the proclamation
at Sta. Lucia (the principal object, and, so to speak,
the only one of the three islands which has occasioned
these orders etc., and the only one suspected, one may
say, with reason, of the greater part of the foreign trade,
carried on between our two nations, in spite of all the
care and trouble taken by me to prevent it, and by your
Excellency on your part, and in defiance of the strict
orders given on this subject), all these considerations
make me believe their Majesties will be satisfied with
what we have done, all the more so that I have not
heard of any foreign trade being done in St. Vincent
and Dominico, where they only collect building timber
and lime stone etc. Will be ready to complete their
evacuation when H.E. desires etc. The present season
of bad weather having made me foresee what would
inevitably be represented by the inhabitants of the three
islands, I proposed to your Deputy that we should take
upon us to grant them more than the one month which
is prescribed. But Col. Maxwell having replied that he
had no power to do so, we agreed that the proclamation
should conform to our orders, and that he would
represent to your Excellency that it would be a matter of
justice and humanity to prolong the term till after the
bad weather season, and even to the end of the year for
those who could show that they had crops in the ground
etc. Hopes for favourable reply by return etc. Signed,
Champigny. Copy. French. 4 pp.
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313. vi. Governor Lord Howe to the Marquis de Champigny.
Pilgrims. Aug. 15th, 1733. Reply to preceding. Regrets
accident to sloop. As soon as the season will permit,
will despatch a representative with full powers. Cannot
consent to give further time to the inhabitants of Sta.
Lucia, his orders being very strict. Returns thanks for
the civilities he has shown to Col. Maxwell etc. Signed,
Howe. Copy. 2 pp. [C.O. 28, 45. ff. 253-255 v.,
257-259 v., 262-263, 264-265 v., 267, 267 v.]
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Aug. 20.
Hampton
Court.
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314. H.M. Warrant appointing Richard Salter to the Council
of Barbados, in the room of Samuel Barwick decd. Countersigned,
Holles Newcastle. Copy. [C.O. 324, 36. p. 420.]
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Aug. 20.
Hampton
Court.
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315. H.M. Warrant appointing Joseph Sherburn to the
Council of New Hampshire in the room of Richard Wibird decd.
Countersigned. Holles Newcastle. Copy. [C.O. 324, 36. p. 421.]
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Aug. 21.
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316. Address of Assembly of Barbados to the King. Return
most humble and hearty thanks for royal assent to Act for better
encouraging the trade of H.M. Sugar Colonies in America.
Conclude : As the wellfare and prosperity of your Majestys'
Sugar Colonyes in America are of the greatest consequence and
importance to the trade, navigation and strength of your Majesty's
Kingdom, and the planters have of late years fallen under such
great discouragements, that they were unable to improve or carry
on the sugar trade upon an equall footing with the foreign Sugar
Colonyes without some advantage and releif had been given to
them from their Mother Country, the passing that law is justly
apprehended as a signall and most valuable instance of your
Majesty's paternall care and concern for your Sugar Colonyes,
who now entertain hopes through the blessing of God and your
Majesty's favour and protection, of being restored to a flourishing
condition. Pray for blessings on H.M. and his royal Consort etc.
Signed, Robt. Warren, Cl. of the Assembly. 1 large p. [C.O.
28, 45. ff. 269 v., 270.]
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Aug. 22.
Jamaica.
|
317. Governor Hunter to the Council of Trade and Plantations.
The inclos'd I transmitt to your Lordships at the request
of the Council which contains a very just state of affairs here
between them and the Assembly etc. I shall soon write again etc.
Signed, Ro. Hunter. Endorsed, Recd. 15th, Read 28th Nov.,
1733. 1 p. Enclosed,
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317. i. Governor and Council of Jamaica to the Council of
Trade and Plantations. 17th Aug., 1733. St. Jago de
la Vega. Abstract. Represent the imminent danger of
a general insurrection of slaves and refer to their
application for assistance from the Navy. Continue :
"However when it was within few days after proposed
to the Assembly to apply to H.M. for eight Independant
Companys for our preservation, as had been agreed by
a Committee of both Houses, it was carried in the
negative. Some popular arguments were made use of
against a standing army, and the inconsistency of such
an application with their former resolutions. It is true
they did send up a bill for building barracks and sending
out flying partys, which we were under a necessity of
rejecting because we thought several of the schemes
propos'd were impracticable, and it tended in general
to wrest the power out of the hands of the Governor and
fix it in Commissioners who consisted chiefly of members
of their own House, divided for each barrack, some of
which Commissioners were only five in number, vested
with authority to hold Court Martials and to try for
capitall cases by a Quorum which might sometimes
happen to be but three, and to direct routs and marches,
give judgment upon penaltys for contempts to themselves,
and this without the knowledge or direction of
the Commander in Chief, and in no way accountable to
him for their proceedings. They likewise directed the
payment of such partys out of funds already appropriated,
to the lessning the credit of the island, by all
which powers they would gain such sway in each
respective parish, as to be able to influence any future
elections etc. Refer to dropping of bill for raising several
sums etc. (v. 26th July, encl. ii). Continue : The
Assembly past a second bill in many respects worse
than the first, but not liable to the same objection as
to the Instruction (10th Dec., 1731), and the Council
seeing the service at a stand for want of money, and that
the Independant Companys were no otherwise provided
for, than by this bill, and had already been thirteen
weeks without any additional subsistence, knowing
likewise that the Assembly would receive no amendment
to a money bill, a right they have always contested with
the Council, tho' H.M. Instructions is expressly in their
favour, were obliged to pass it, and advised the Governor
to doe the same. We cou'd mention several other
instances wherein the Council have been obliged to
submit to the obstinacy of Assemblys from the necessity
of the times, and to pass some bills in many particulars
against their judgment for fear of exposing the country
to too much hazard etc. Hope that, if they have not
strictly complied with H.M. Instructions, H.E. will
attribute it to absolute necessity etc. Signed, John
Gregory, Rich. Mill, J. Lawes, Edw. Charlton, Will.
Hayman. Annexed, Copy of Minutes of 19th21st
July (v. 26th July end. i. and ii.) Copy of Minutes of
Council and Assembly 31st July, 1st Aug., 1733. After
a Conference, etc., described above, H.E. passed the
Additional Duty bill, but acquainted the House that
the Receiver General had several times informed him
that he had no money and could find no credit, so that
many requisites for the intended expedition were wanting,
particularly provisions etc. As soon as he was informed
that such necessaries had been found, he would order
the forces for the intended expedition to be immediately
sent to Port Antonio. On 14th Aug. the Assembly
addressed H.E. for a recess to attend to their private
affairs. H.E. replied that some bills sent up last Saturday
were still under the Council's consideration, and
that the bill in which there was a clause for continuing
the present parties being dropped, and a great part of
the time limited by the Act for raising such parties
being already spent, the recess must be very short to
prevent confusion and great inconveniencies, unless
some expedient were found out to prolong that time.
15th Aug. In a second message to H.E. the Assembly
replied that having been convened 13th March last,
they had for four months applied themselves assiduously
and zealously to dispatch the things recommended by
H.E., "notwithstanding the many obstructions given
to their faithfull endeavours by frequent prorogations,
all which in duty to H.M. and out of regard to those
whom they represent they acquiesced under, in hopes
that private passions might in time give way to the
publick good, but as it evidently appears to them that
such obstructions were calculated and are continued
with an intent to harrass the members of the Assembly,
and by that means bring them to betray not only
themselves but those whom they represent, the House
again repeat their earnest request to your Excy. to
give them a recess for a reasonable time." 17th Aug.
Before proroguing the Assembly, the Governor replied
to "your last most extraordinary message ...,
least it should have that effect for which it seems to have
been calculated, that is, to insinuate without doors that
I, or H.M. Council here have obstructed business.
I know of no obstructions but what have been occasioned
by yourselves, or private passions but such as have
arisen and have been propagated like a pest amongst
yourselves. The prorogations complained of were the
necessary effects of your own proceedings in framing
such bills, as the Council without breach of duty could
not pass, or I assent to etc., which you have in effect
own'd by sending up a new bill conformable to H.M.
Instructions etc. They who betray those you represent,
and you too, are such as have had the art or luck to
perswade you to endeavour and grasp at powers which
do not appertain to you, and which it will be for ever
vain for you to attempt, etc. This recess must be short,
since in spite of repeated applications, nothing has been
done for prolonging the short time prescribed by the
act for continuing the parties, nor for appointing an
Agent at the Court of Great Britain, "whilst at the same
time you well know that persons interested are determin'd
to give all the opposition they can to your money
bills." Appeals to the world, if in any one instance he
has sought his own interest or done injury to any man,
though he has borne with much. "I have been contented
with the legal incomes of my post, tho' scantily
pay'd, and I have done justice to all men etc. If I have
in anything err'd etc., it has been in excess of forbearance
and complaisance, which, however, intended I own have
missed their aims" etc. Endorsed, Recd. 15th, Read
28th Nov., 1733. Copy. 13 pp. [C.O. 137, 20.
ff. 167, 168 v., 171-177 v.]
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Aug. 22.
Jamaica.
|
318. Governor Hunter to the Duke of Newcastle. Encloses
following as in preceding letter. Signed, Ro. Hunter. Endorsed,
R. 19th Nov. 1 p. Enclosed,
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318. i. Duplicate of encl. i. preceding. [C.O. 137, 54. ff. 328,
330-336.]
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Aug. 22.
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319. Mr. Fane to the Council of Trade and Plantations.
Report upon Act of St. Christophers, 1722, to enable Andrew
and Peter Audain etc. to sell lands to William Pym Burt Esq. etc.
The act is intended to make void a settlement of lands purchased
by Isaac Peter Audain, the father, and given as an advance by
him to his two sons, infants, etc. Concludes : I shall be most
tender of the interest and property of infants who are incapable
of taking care of themselves, and therefore should not be for the
confirmation of this act was I not convinced that this alteration
of the security which it only is will be for the service and benefit
of this family in general and can be of no prejudice to the infants ;
and tho' the security proposed by this act which is the recognizance
of the father and a sufficient freeholder of the island is not of so high
a nature in point of law as the settlement, yet as I am informed
the father is a man of very good substance and his security likewise,
and as it is a transaction between father and sons where it
may be more strongly presumed that no wrong or injustice is
intended, I am humbly of opinion that your Lordships may
advise H.M. to confirm this act. Signed, Fran. Fane. Endorsed,
Recd. Aug. 28th, Read Dec. 12th, 1733. 1 pp. [C.O. 152, 19.
ff. 186-187 v., 189 v.]
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Aug. 25.
Jamaica.
|
320. Governor Hunter to the Council of Trade and Plantations.
The ship which carrys my last of the 22nd inst. to your
Lordships being not yet sail'd gives me this opportunity of
inclosing following etc., taken by Capt. Knowles and sent to me
by Sr. Chaloner Ogle ; his examination by the magistrates if in
anything different or more particular when it comes to my hands
shall be transmitted etc. P.S. Your Lordships will observe
that the examination was drawn from the negro by pinching his
thumbs in a vice. Signed, Ro. Hunter. Endorsed, Recd. 15th,
Read 28th Nov., 1733. 1 p. Enclosed,
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320. i. Confession made by Scyrus a negro belonging to
Mr. Geo. Taylor. Abstract. He came from Negroe
Town 4 weeks ago to see what partys were fitting out.
The rebels told him of their design in robbing Sparks and
Hobby's Plantations, at which last place he left them
on 9th inst., and that afterwards if he found the partys
in Titchfield town not too strong, on his return they
would come and take it. On 11th inst. he went from
this place to Hobby's (in company with 3 rebellious
negroes, who had been in this town near a week
undiscovered, their names were Cuffey, Cudjoe and
Quomino etc.), where they found the rebels just going
off with their plunder. They told them that there was
men-of-war, soldiers and party men enough come ; the
rebels answered, let them come. There were at Hobby's
2 gangs of 100 men in each and several women which
they had brought to help carry of the spoil. They left
one gang in the Negro Town to guard the women and
children ; the names of those who commanded at
Hobby's were Pompey, and Col. Nedham's Cudjoe.
Before he left Hobby's (the first time) he saw the King's
negro Sam there etc. Pompey and Cudjoe asked him
how he and all the negroes on the Key did, and why
they would not come to them. Sam answered, Master
uses us goodee yet, but when he uses us ugly we'll
come etc. An Indian brought a cagg of powder.
Describes an ambush just built by the rebels on a ridge
at the back of the Plaintain Walk at Hobbys etc. He
says the way they got powder is they have with them
2 white boys, who write passes in Col. Nedham's name
and one Quashee goes to Kingstown with it to one
Jacob a Jew in Church Street, that he went once last
month and brought with him two large horns full, that
they have now 200 horns full, but very little shot,
tho' guns and lances enough. The Madagascar Indian
who ran away from the guard the other day, has also
been some time with the rebels, and that they had
determined on hearing the partys coming to ambush
them in the river's course, that a gang of 100 was to lay
on Carion Crow Hill, and 100 more Hobby's way, that
a drum was to be placed on the ridge over the town to
view the partys and the women in the town to burn the
houses in case the party should be too strong, if not the
three gangs to surround them on the beat of drum, all
under the command of Scipio. Endorsed as preceding.
Copy. 1 pp. [C.O. 137, 20. ff. 178, 179, 179 v.,
182 v., 183 v.]
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Aug. 25.
Jamaica.
|
321. Governor Hunter to the Duke of Newcastle. Repeats
preceding letter, mutatis mutandis. Signed, Ro. Hunter.
Endorsed, R. Nov. 19th. 1 p. Enclosed,
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321. i. Duplicate of encl. i preceding. [C.O. 137, 54. ff.
338, 339 v.-340 v.]
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Aug. 25.
Ratcliff
Cross.
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322. Capt. Bonham to Mr. Delafaye. Encloses following
to be laid before the Duke of Newcastle etc. "The verey postage
cost me from the Downes 28/-" etc. Signed, Sam. Bonham,
Addressed. p. Enclosed,
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322. i. Leonard Cocke to Capt. Bonham. July 20, Santiago de
Cuba. Encloses copies of proceedings concerning his
vessel seized there. "It is not likely that you'l recover
anything in this place" etc. Advises application to the
Court of Spain with these autos, "wherein they will see
the partiality and injustices of this our new Governour"
etc. Signed, Leonard Cocke. Copy. 1 p.
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322. ii. Jonathan Denniss and Leonard Cocke to Messrs.
Hayman and Hines. Cuba, 10th May, N.S., 1732. We
have but just time to own the receipt of your favour by
H.M.S. Shoreham, together with Capt. Bonham's power
of attorney to us, and His Cath. Majesty's cedula to our
Govr. commanding restitution to be made of the Anne
galley and her cargoe. Advises their obtaining copies
of the autos of Mr. Denniss' proceedings there for Capt.
Bonham to apply to Madrid etc. "You will understand
us without our explaining what we mean by this, if you
read over the cedula, which is at best, ambiguous, and
stufft so with ifs that I fear 'twill be of little use to us.
What can be meant by "If nothing of private trade,
prohibbitted goods, or navigating in a forbidden place
be proved?" does it not plainly appear that nothing
of this can justly be laid to the charge of this ship, by the
autos? but we that know the chicanery of Spannish
affairs can with half an eye, see what this points to,
besides the owners and suretys of the privateer that took
the Anne galley are such poor rascalls, that we fear even
at best, not much can be got of them" etc. Will exert
themselves to the utmost "for your service or that of
our countrymen, notwithstanding we in particular seem
to be singled out by the people of Jamaica to be treated
with injustice and inhumanity." Signed, Jonath.
Denniss, Leonard Cocke. 3 pp. [C.O. 5, 12. ff. 66,
67 v.-69.]
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Aug. 27.
Hampton
Court.
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323. Duke of Newcastle to Governor Hunter. Encloses
warrant for pardon of two pirates (v. 13th Aug.), as Governor
Hunter had desired, 13th Jan. Signed, Holles Newcastle. Copy.
(C.O. 324, 36. p. 423.]
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Aug. 27.
New York.
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324. Lewis Morris to the Council of Trade and Plantations.
Abstract. Has been displaced from being Chief Justice of New
York, but as the Governor has not communicated his reasons to
the Council or himself, he cannot answer them. Believes he has
done it to gratify his causeless resentment. The post was not
worth 100 sterl. per ann. when he came to it, and is not worth
above 200 now, the increase being due to the Assembly's good
opinion of his conduct in it. Recounts his services in New York
and New Jersey for 40 years. All he knows is that on 23rd Aug.
the Governor delivered in Council to James Delancy a commission
appointing him C.J. in the room of himself, and to Frederick
Phillips a commission appointing him second Justice etc., without
asking the advice of the Council. The only reason he can think
of was the enclosed opinion (encl. ii) given by him on a matter in
judgment before him. The second and third Judge, now made
Chief Justice and second Judge, deffered from him in this. He
could not get their reasons in writing, but guess their substance ;
the bare recital of which is sufficient refutation of them, to the
effect that by their commission and the common law Judges
the Supreme Court in this Colony may proceed and determine
according to equity and do not stand in need of any act of the
Legislature to enable them. Thinks a Court of Exchequer under
proper regulations for the management and disposition of the
King's lands would be for H.M. service and the public good.
Refers to extravagant grants of lands made by former Governors
for their private profit through presents from the grantees and as
sharers in the grants, using their friends' names and having
them subsequently reconveyed to them. Is told the present
Governor will not grant any lands unless he comes in for one third
of them. The lands being purchased from the natives by men
in competition with one another, which makes them vastly dearer
than they otherwise be. The consequence of all this is, (i) the
engrossing great tracts into few hands, (ii) rendering it very
difficult for any but a certain class of men to come at them ; (iii)
rendering them so dear that when the present to the Governor and
his share of the lands, and the large fees of the Secretary's Office
for the patent, and the Indian purchase are deducted, it will not
be worth the while even of those few that can come at them to
meddle with them, there being better lands and much cheaper to
be purchased in Jersie and Pensylvania without any reservation
of rent or a very small one to fix the tenure. These methods have
not only hindred the natives of this Province from setling and
improving of it as they might have done, had lands been in fewer
hands and more easily to be come at ; but really weakned it, by
necessitating the inhabitants to have recourse to Jersie and
Pensylvania etc. A Court of Exchequer with proper officers for
the management and disposition of the King's lands and rents,
independent of a Governor will prevent this and remedy in part
what is passed. This is not to be expected from a Governor
whilst that smugling trade of presents from an Assembly to a
Governor subsists : and which will subsist till some way is
found to make the Governors believe that the King's Instructions
prohibiting taking any present really mean what the words seem
to import. Encloses pamphlet (encl. i) concerning a present
made by the Assembly to the Governor on pretence of his stopping
the sugar bill by his interest with some noble members of the
House of Lordsthis he had assurance enough to say, and the
Assembly folly enough to believe etc. That act being now passed,
he is under as many obligations as that 1000 can lay him, to
wink at the breach of it, and may earn his money that way,
tho' he could not deserve it the other. Quotes a judgment given
by Mr. Phillips, when still third Judge, that (i) the King has a
prerogative to sue in what Court he pleases ; (ii) that this power
is not limited to Courts of Equity for matters of equity or Courts
of Common Law for matters of relieveable at common law, but
(iii) that the King has a right to sue in equity for what he may be
relieved by the Common Law, otherwise he would have no
prerogative or privilege above his subjects etc. Does not doubt
the law is quite otherwise, but thus it stands at present there, to
the surprize and amazement of all the inhabitants, who think this
judgment an entire subversion of all the laws and a laying aside
the trial by juries in all civil cases where the King is, or the
Governor pleases to say he is, concerned, and putting the disposition
of their properties into the sole hands of judges, who, if they
should not prove proper instruments for a Governor's purposes,
may be soon removed as he has been etc. Is told his dismissal
has created so great a dissatisfaction, that a more universal one
was never known there. Nine-tenths of the inhabitants are
about to sign a testimonial to his conduct and loyalty. Thinks
that being appointed by H.M. in Council the Governor is under
the same restrictions as to removing him as he is for patent
officers etc. Set out, N.Y. Col. Doc. V. 951 ; N.J. Arch. 1st Ser.
V. 349. Signed, Lewis Morris. Endorsed, Recd. 1st, Read 28th
Nov., 1733. 6 pp. Enclosed,
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324. i. A letter from a Gentleman in New York, to his Friend in
London. The Governor's great services in stopping the
Sugar bill in the House of Lords were the reason of the
Assembly's voting him 1000. He did not communicate
to them the Instructions forbidding him to accept a
present from the Assembly. They resolved at first to
give him 750, but (added in MS.) "he swore at and
huff'd some of the leading members into adding 250"
etc. Signed, PP. Printed. Small quarto. 3 pp.
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324. ii. Opinion and Argument of the Chief Justice of New York,
concerning the jurisdiction of the Supreme Court of the
said Province, to determine causes in a course of Equity.
In the case of Van Dam, there was a plea to the jurisdiction
of the Supreme Court. The Chief Justice read
his opionion in Court, concluding that "according to
the laws, statutes and customs of England, (the only rules
by which we are to judge) no less or other authority than
that of the whole Legislature can erect a Court of Equity,
or establish fees. And therefore .. we neither have,
nor ever had any jurisdiction in a course of equity ; nor
can such a jurisdiction by any Letters Patent or
Ordinance, not founded on an act of the Legislature, be
given" etc. Holds that the giving of a new jurisdiction
in equity by letters patent to an old Court, or erecting
a new Court of Equity by letters patent or ordinance of
the Governor and Council, without assent of the Legislature,
are equally unlawful, and he will not pay any
obedience to them etc. Argued. Adds in letter to the
Governor that he has no reason to expect that anything
he can say will be at all grateful to H.E., after the
answer to the message he sent to him that an ordinance
the Governor was about making was contrary to law and
asking to be heard on that head. The Governor had
refused to see or hear from him, saying that he could
neither rely upon his integrity nor depend upon his
judgment etc. Signed, Lewis Morris. Endorsed, Recd.
1st Nov., 1733. Printed, and sold by John Peter
Zenger, in Smith Street, 1733. 2nd edition, corrected.
15 pp. [C.O. 5, 1056. ff. 37-50 v.]
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Aug. 28.
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325. Mr. Fane to the Council of Trade and Plantations. In
obedience to your Lordships' commands etc., I have considered
the two following Carolina Acts, for the better settlement of this
Province past in 1694, and the other a continuing and reviving
Act past in 1700. By the first it is enacted that no person now
inhabiting in South Carolina shall be arrested, sued, impleaded in
any Court or imprisoned for any debt whether the same be by bill,
bond or other specialty whatsoever or contracted before his
arrival in South Carolina till and after five years after the ratification
of this act and that no persons whatsoever which hereafter
shall transport themselves into South Carolina there to plant and
inhabit shall be arrested sued impleaded in any Court or imprisoned
for any debt whether the same be by bill, bond or any other
specialty account or reckoning whatsoever contracted before his
arrival here till and after five years after his arrival here. By
the other the priviledge and protection given by the first Act is
continued as long from or after the passing this Act as it was from
and after passing the first act but the negative words (no longer)
are not in this act. I beg leave to observe to your Lordships that
these acts come now under your Lordships' consideration upon
the complaint of the Merchants of Bristoll who have been very
greatly injured and oppressed by persons indebted to them in the
Colonys abroad flying with their effects into the Colony of
Carolina and being sheltred and protected from the just demands
of their creditors under the sanction of these Laws. For the
latter part of the first law which enacts that no person who shall
thereafter transport himself to South Carolina shall be sued till
five years after his arrivall, notwithstanding it was at first
esteemed a temporary Law, has of late been solemnly deemed and
taken by the Judicature there to be a perpetuall Law and without
limitation. For they insist that the term of five years in that
part of the clause does not relate to the time of passing the Act
but to the time of the future arrival of the person. And they
insist if one Act is pass'd that is in its nature a perpetuall Law
and without limittation and the Legislature thro' misapprehension
or mistake afterwards pass another act by which they continue
the first for a certain limitted time and add no restrictive or
negative words, that the first Act shall continue in force notwithstanding
the subsequent limittations after such limittation is
expired. This is the construction which has been put upon this
Law by the expositors of it in this country but whether it might
receive the same construction here is a doubt with me. However
I must submitt it to your Lordships' consideration, as this Law
is now taken to be in force in Carolina whether it may not be
proper to consider it as a law in full force, and if your Lordships
consider it in that light I must beg leave to say that I think it is
highly detremental to the trade and navigation of this Kingdom,
for tho' in the infancy of a collony such a protection might be
allowed as an encouragment to persons to come and settle there,
yet when a Colony has been settled and established for a great
number of years such protections are of infinite prejudice to their
neighbours and are temptations to dishonest and knavish persons
to injure and wrong the fair and just creditor ; the complaints
of the merchants are founded upon recent instances of the
flagrant bad consequences of this Act and as it is absolutely
necessary in the nature of trade for the merchants to have large
effects in the hands of their correspondents in the Colonys abroad,
it is in their power if they are dishonest, at any time to remove
themselves into Carolina and there to be protected from the just
demands of their creditors who are entirely without any means
of redress. Signed, Fran. Fane. Endorsed, Recd. 28th Aug.,
1733, Read 18th Dec., 1735. 3 pp. [C.O. 5, 365. ff. 68-69 v.]
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Aug. 29.
Whitehall.
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326. Council of Trade and Plantations to the King. Recommend
for confirmation Act of Barbados for the better support of
H.E. etc., passed in conformity to H.M. Instructions. [C.O. 29,
15. p. 425.]
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Aug. 29.
New York.
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327. Governor Cosby to the Council of Trade and Plantations.
Abstract. Encloses Minutes of Council of New York to 14th
Oct., 1732, and 23 acts of Assembly passed last session. As to
the Act for confirming the Charter granted to the City of New York
by Governor Montgomerie, to which he was nearly surprised into
assenting, it having been exhibited very soon after his arrival.
It confirms in general terms to the City all the grants to them at
any time before made, some of which might be, and he believes
are prejudicial to H.M. interest. The details are only given in
the Charter, which consists of a vast number of skins of parchment,
and he has not had time to have it copied yet. Without it, the Board
cannot judge the Act. He will send a copy by the next ship.
By it "are granted all the islands by and round H.M. garrison,
the soil of the East river as far as low water mark extending in
length to the utmost limits of the island, whereby H.M. prerogative
and interest may be in danger of suffering and his ships station'd
here under a necessity of becoming petitioners to the Corporation
for a convenient place to careen or refitt" etc. Set out, N.Y. Col.
Docs. V. 956. Signed, W. Cosby. Endorsed, Recd. 20th Nov.,
1733, Read 13th Aug., 1734. 2 pp. [C.O. 5, 1056. ff. 137,
137 v., 138 v.]
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Aug. 29.
New York.
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328. Same to Mr. Popple. I take this opportunity to render
you my thanks for all your friendly offices as I shall allways be
ready to acknowledge them in a gratefull manner etc. Repeats
part of preceding. Encloses the Jersey seal in the late reign
which he had defaced in Council etc. Concludes in own hand :
Mrs. Cosby and all under my roof joyns in thier hearty services
and good wishes for ye prosperity of you and yours. I am dr.
Popple most affectionatly yours, Signed and endorsed as preceding.
1 p. [C.O. 5, 1056. ff. 141, 146 v.]
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Aug. 30.
New York.
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329. Governor Cosby to Charles Delafay. On the 18th
instant I returned to this place from Jersey, having first gott the
revenue of that province settled for five years, and given my
assent to severall other acts of Assembly of which I shall do
myself the honour to give the Duke of Newcastle a particular
account as soon as they are sent to me ; Att my arrival here I
gave directions to have a Commission prepared appointing Mr. De
Lancey Chief Justice etc., and on the 23rd swore him into it, to
the general satisfaction of the Province, especialy those of the best
estates and best sence, and heartiest affections to H.M. and the
Protestant succession, how little those few (and I beleive there
are very few) who are of a different principal may like what I
have done may easily be immagined, however I hear of but one
whose passion has carry'd him to an audacious expression of his
thoughts. But he is so nearly ally'd to Morris having marry'd
one of his daughters that I cannot pass it over in silence ; this
fellow even before I had suspended his father in law had the
impudence to say that there had been a revolution and that he
hoped to see another and that if the Duke of Newcastle and Sr.
Robert Walpole had been hanged a dozen years ago it would
have been happy for the Nation. From hence, his Grace will
readily beleive that there is a necessity of humbling such spirrits,
Morris I am told talks of getting a petition or some other paper
to be signed in his favour, it's possible the Mob or some unthinking
or dissafected persons may be drawn into it, but it gives me no
concern, knowing that such things will be discountenanced by his
Grace etc. Is going to-morrow to Albany etc. Encloses copy of
letter and enclosures to the Lords of Trade, supra, to be laid before
his Grace. Concludes :Mrs. Cosby joyns in her good wishes to
you and yours. Signed, W. Cosby. Endorsed, R. Novr. 6th.
2 pp. Enclosed,
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329. i. Copy of letter to Board of Trade, Aug. 29. 2 pp.
[C.O. 5, 1093. ff. 284, 284 v., 285 v.-286 v.]
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