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Dec. 3.
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415. Governor Lord Howe to the Duke of Newcastle.
Duplicate of 22nd Nov. Endorsed, R. 11th March. [C.O. 28,
45. ff. 279, 279 v., 280 v.]
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Dec. 3.
Barbados.
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416. Same to Same. Least any accident shoud have happen'd
to ye ship by wch. I had the honour to send yr. Grace my last
packetts and it being of ye utmost consequence to this Colony
that some further relief shoud be immediately granted them
I hope you will forgive the liberty I have taken to trouble yr.
Grace with. duplicates etc. Signed, Howe. The above in his own
hand : continues in another :I must beg your Grace will forgive
my negligence in not acquainting you in my last with the design
of the Council and Assembly to join in two petitions to H.M. and
the Parliament for further relief in their unhappy condition, but
in my letter to the Duke of Rutland I desir'd him to let your
Grace know it and at the same time that I begg'd your Grace's
pardon for having forgot to do it myself ; I have now the honour
to inclose to your Grace both the petitions with an Address from
the chief planters that are neither in the Council nor present
Assembly, as the petitions pray not only a free exportation but
also that part of the dutys upon importation of sugars may be
taken off and in lieu thereof an inland duty laid on refin'd sugars,
I thought it might be necessary to have the petitions from the
two branches of the Legislature supported by an address from the
gentlemen of the best distinction in this place to shew that every
one was satisfied with and approv'd of what was done that it
might not be enforc'd in Parliament the Governor's interest or
power with the Council and Assembly had oblig'd them to
present petitions of this sort when the inhabitants in general are
against it ; therefore to prevent any such objection I sent this
address which might be produc'd if there was any occasion and to
shew that the characters and fortunes of those who sign'd it are
as great as any here, several gentlemen might be sent for to be
examin'd to both these points that I daresay will be even against
everything that is pray'd for I mean some of the merchants in the
City as the two Mr. Tryons, Mr. Sommers, but I believe to
oblige these gentlemen to speak the truth it wou'd not be
improper to have Mr. Lascelles to attend at the same time, that
if they shou'd prevaricate, he might contradict them he is as
considerable a merchant as any, knows more of the gentlemen's
characters here and very different from the others in his way of
thinking. I nam'd the first because tho' I am sure they will be
against everything that is propos'd by the Ministry yet their
private obligations to the gentlemen of this island are such they
will be forc'd to speak the truth tho' never so much against their
inclinations, and our opposers will not pretend to doubt their
veracity being their own friends. All this that I have said is in
case your Grace shoud think we are applying in a proper manner
for relief, the reason of my sending these petitions inclos'd in a
private letter is if your Grace shou'd be of opinion our application
to Parliament is improper that petition might be stifl'd, but if
your Grace shou'd think we are right, you will be so good to send
it to Mr. Sharp or who ever else your Grace shou'd approve of in
order to it's being presented to the House of Commons. I hope
your Grace will pardon me if I beg your assistance in what we ask,
especially if what we have now offer'd is in an agreeable manner
to your Grace and your friends, which I shall ever take all the care
I can to have done whenever I know there is anything to be
ask'd from hence. If your Grace shou'd think us too early in this
request, having had a bill pass'd the last sessions in our favours,
I must acquaint your Grace the people here are generally in a
most miserable condition and if not soon reliev'd it will prove too
late for unless they are put on an equal footing with their
neighbours the French, they must in a very short time be intirely
undone, but I doubt not if we have the happiness to have what we
now ask granted, be it only for a few years we shall get so much
the better of our rivals in this valuable trade they will never be
able to come in competition with us again. The granting us this
will not only be an immediate advantage to the Sugar Islands but
also a vast benefit to the Northern Colonies by enabling our
planters to take a much greater quantity of their lumber and their
commodities and allowing them much better price for what they
bring than they are now able to do. I hope I have now got the
Assembly to consent to pass an Agent's bill to your Grace's
satisfaction (Mr. Sharp, Teissier and Leheup) ; there are still some
that object to Mr. Leheup but as your Grace was pleas'd to order
me to do what I cou'd to get him nam'd and as Mr. Walpole was
very desirous and very pressing to have him continu'd, I have
taken a good deal of pains about it and believe I shall succeed.
If I shou'd be mistaken in this bill I must beg your Grace will not
think anything has been omitted on my part, but believe I do all I
can in obedience to your commands etc. Encloses "a little
pamphlet wrote by Mr. Walpole's Deputy here to shew the many
difficultys the sugar planters now labour and how necessary a
direct exportation is, to preserve this Colony." Signed, Howe.
Endorsed, R. 4th March. 3 pp. Enclosed,
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416. i. Petition of Council and Assembly of Barbados to the
King. 13th Nov., 1733. Several laws were heretofore
made restraining the importation of sugars into England,
and preventing their being carryed to foreign ports,
without being first landed there, which laws fully
answered the intentions of the Legislature whilst the
subjects of your Majesty's predecessors were masters
of the sugar trade, and proved greatly beneficial to
England by advancing its navigation, and producing a
considerable balance of trade in its favour, by exporting
from thence great quantitys of sugar to France, Holland,
Flanders and other foreign nations. The sugar trade is
now upon a quite different footing than it was when those
laws were made, as the foreign Powers have very much
encreas'd their sugar plantations by giving their subjects
liberty to carry their sugar directly to most of the
marketts in Europe that used to be supplyed with
English produce, whereby they save from twenty to
forty pr. cent upon every voyage, which advantage alone
must soon gett the sugar trade from your Majesty's
subjects (unless timely prevented) to the great prejudice
of your Majesty's Sugar Islands and consequently of
the Trade and Navigation of Great Britain. Notwithstanding
those foreign powers have had this great
advantage for some years past, yet your Majesty's
subjects are still restrained to British marketts, and
pay high dutys upon importation, which has brought
this Colony to the lowest ebb. Petitioners humbly conceive,
if they were once putt upon an equal footing with
foreigners, as to a direct exportation of their sugars to
the several ports of Europe they could still preserve
themselves, and gain a superiority over foreigners in
the sugar trade, and thereby add a considerable ballance
to the national stock ; more especially if the high dutys
now pay'd upon importation be abated, and an inland
duty be laid upon refin'd sugar consumed in Great
Britain as an equivalent for such an abatement, which
as your Petitioners humbly apprehend would not only
preserve your Majesty's Sugar Plantations, and thereby
support and maintain your Majesty's Northern Colonys,
and promote a greater consumption of the produce of
Ireland, but would also be greatly advantageous to the
Trade, Navigation and strength of Great Britain etc.
Copy, certified by James Mytton, D. Secry. and D. Clerk
of the Council. 1 large p. [C.O. 28, 40. Nos. 21 and
(duplicate) 22.]
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Dec. 3.
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417. Same to Same. Enclosed.
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417. i. Inventory of stores of war in Barbados, Sept. 23, 1732.
Duplicate of Oct. 16, 1732, encl. i.
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417. ii. Address of Planters, Merchants and Inhabitants of
Barbados to Governor Lord Howe. Return hearty and
sincere thanks for H.E's. "great care of us at this
juncture in recommending it to the Councill and General
Assembly to apply to his most gracious Majesty and to
the Parliament this next sessions for some further
reliefe in our trade" etc. Pray for H.E's. "best offices
in our behalf, that we may be put upon an equall
footing with foreigners as to a direct exportation of our
sugar, and be no longer restrained to unload them first
in Great Brittain, and that ye dutys upon sugar upon
importation may be in some measure abated, which we
humbly apprehend will support this sinking Colony,
and make us, what for many years heretofore we were,
highly advantageous to the trade, navigation and
strength of Great Brittain. 160 signatures. 1 large p.
[C.O. 28, 45. ff. 281 v., 282-284 v., 285 v., 286.]
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[Dec. 3.]
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418. Memorandum of pamphlet on the Sugar Trade, referred
to in preceding letter. [C.O. 28, 45. f. 250.]
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Dec. 3.
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419. T. Lowndes to the Council of Trade and Plantations.
Some time ago H.M. sent from the Tower ordnance for the
defence of Charles Town. I beleive my information may be
depended upon which says, "that they lye upon the beach
without carriages, exposed to the weather, and sand ; and if
some care is not taken, they will certainly be honycombed and
spoiled. I am, My Lords, Your Lordps'. Most obedient and most
humble serv.," Signed, Tho. Lowndes. Endorsed, Recd. 3rd,
Read 11th Dec., 1733. Holograph. Addressed. Sealed. 1 p.
[C.O. 5, 362. ff. 210, 211, 211 v.]
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Dec. 4.
Whitehall.
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420. Council of Trade and Plantations to the Duke of
Newcastle. Enclose copies of affidavits relating to the loss of the
Spanish Flota etc. Enclosed,
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420. i., ii. Copies of depositions of John Colcock and Edward
McIver. v. 17th Sept. supra. [C.O. 5, 401. p. 76
(covering letter only) ; and (enclosures only) 5, 582.
ff. 6-9, 10-11.]
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Dec. 4.
Whitehall.
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421. Mr. Popple to Mr. Fane. Encloses a volume of Acts
passed in South Carolina 1721-1724, and requests his opinion,
in point of law, upon the act passed in 1724, for settling the estate
of Richard Berresford decd. [C.O. 5, 401. p. 77.]
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[Dec. 4.]
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422. Petition of John Beresford to the Council of Trade and
Plantations. During his infancy, and on the petition of his
younger brother Richard, of the half-blood, an act was passed in
S. Carolina, 1723, for settling the estate of Richard Beresford Esq.,
whereby petitioner was deprived of one moiety of the lands and
tenements and goods bequeathed to him by his father. Having
now come of age and being about to sail for S. Carolina, to take
possession of his estates, prays for immediate repeal of this act
"in regard the act on the face of it is an unjust and plain invasion
of your petitioner's property against the most known positive
rules of law and in regard there is no saving clause incerted
therein." Endorsed, Recd. (from Mr. Sharpe), Read Dec. 4,
1733. 1 p. [C.O. 5, 362. ff. 209, 212 v.]
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Dec. 4.
New
Providence.
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423. Governor Fitzwilliam to the Duke of Newcastle. In
obedience to your Grace's commands, I take the liberty to
acquaint your Grace of my arrival here five days since, which is
too short a time to be able to give your Grace any particular
account of the present bad state and defenseless condition of
these islands ; In July last there was a hurricane that destroyed
all the corn and fruits of this Island, which has made all sorts of
provisions much scarcer than usual, and this scarcity, I imagine,
has occasioned a sickness that has carried off a great number of
the inhabitants. I have not yet been able to get a particular
account of what effects have been sav'd out of the Spanish wrecks,
but I am informed they are still working upon them, and that they
have found where they all ly, except one, on board of which there
is said to be three millions of pieces of eight ; a few days ago a
vessel went from hence to see what they were doing, when she
returns, I hope to collect some account worthy of your Grace's
notice, both with regard to what they have saved, and likewise
what they are doing at present. I beg leave to acquaint your
Grace, that Mr. Colebrooke, whom you did me the honour to
recommend to me, is a person of so restless and turbulent a
spirit, that he has kept the people of this island in a continual
flame, ever since his arrival here, insomuch that all the power
of the government has for some time past been trampled upon,
and I fear it will be with great difficulty, I shall be able to make
them sensible of the mistakes he has designedly led them into,
in order, as I apprehend, to render himself considerable by lessening
and even contemning all orders of the Governor and Council ;
I am at present doing everything in my power to serve and
oblige him, because I imagine from your Grace's recommendation
it will be agreeable to you I should do so, but I own I am affraid
from the man's character, he will not be long able to keep within
the bounds of decency. I flatter myself that my behaviour in
this Government will be such, as to merit the continuation of that
favour your Grace has hitherto been pleased to show me, etc.
Signed, Rd. Fitzwilliam. Endorsed, R. 25 Janry. 2 pp. [C.O.
23, 14. ff. 233-234 v.]
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Dec. 5.
New
Providence.
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424. Governor Fitzwilliam to the Council of Trade and
Plantations. It is my duty to acquaint your Lordps. that I
arrived here on the 29th past, where I find everything in very
great disorder, there being scarce any form of Government
remaining, every man having for some time past done what his
own inclinations led him to, all which riotous proceedings I am
informed, have been occasioned by the turbulency of one
Colebrooke, who has heretofore been mentioned to your Lordps.
This man it seems has poisoned the minds of so many of the chief
inhabitants, that when order of government is issued, the question
among them is, whether there is any English law to support it.
There has been a great sickness among the inhabitants, which
has carried of many of them, among whom dyed Mr. Thompson,
first of the Council, who has had the Government since the death
of Mr. Rogers, and also two or three others of the Council, so that
with those dead and absent, there were but three of the members
named in my Instructions upon the Island, which made it
necessary for me to swear in two more, to make a quorum for the
present, which I accordingly did, namely William Stewart and
Chaloner Jackson Esqrs., but I forbear filling up the other
vacancys to the number of seven, as I am impowered by my
Commission, because some of the Councillors named in my
Instructions are dayly expected to return from the Continent etc.
Hears the Spaniards are still working upon the wrecks etc. as preceding.
Continues : The inhabitants of these islands are greatly
rejoiced at what the Crown has agreed to do for them, and not
without great reason, for to speak the truth, if H.M. had not been
graciously pleased, to order that the right of the Proprietors
should be bought out, and some protection given to the people
for their persons and effects from an enemy, it would be
impossible for this settlement to subsist, much less to attain to
that improvement, which I hope a little time will produce.
Signed, Rd. Fitzwilliam. Endorsed, Recd. 23rd Jan., 173 3/4,
Read 30th July, 1735. 1 pp. [C.O. 23, 3. ff. 110, 110 v.,
111 v. ; and (abstract) 109.]
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Dec. 6.
Whitehall.
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425. Order of Committee of Privy Council for Plantation
Affairs. Referring following to the Council of Trade and
Plantations for their report. Signed, Temple Stanyan. Endorsed,
Recd., Read 18th Dec., 1733. 1 pp. Enclosed,
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425. i. Petition of several merchants and others of the City of
Bristol trading to S. Carolina to the King. By an act
of S. Carolina, Aug. 20th, 1731, and sent over for your
Majesty's approbation, the funds (which were settled
for calling in and sinking the 106,000 paper money
formerly issued) are otherwise applyed and a further
sum of 104,725 1s. 3d. of paper credit is imposed on
your Majesty's subjects contrary to the publick faith
and credit of said Province, and there has been an
attempt lately to raise a further sum of 250,000 in
paper money the consequences of all such imaginary
value will be greatly prejudicial to the propertys of
your Majesty's subjects and, as we most humbly conceive,
contrary to your Majesty's Royal Instructions to the
Governor etc. By the said act an exorbitant duty of
10 pr. head is imposed and continued on all negroes
imported by your Majesty's subjects into the said
Province to the very great discouragement of the trade
and exportation of the manufactures of Great Britain.
By another act etc. of 1696, continued by subsequent
acts, it was enacted that "no person residing therein
shall be arrested, sued or impleaded in any Court or
imprisoned for any debt whither the same be by bill
bond or any other specialty reckoning or accompt
whatsoever contracted before his arrival there till and
after five years after his arrival there," which said act
has given encouragement to evil persons to go to said
Colony from others of your Majesty's and thereby have
defrauded some of your petitioners of large sums of
money which they had intrusted them with in the other
Colonys, it being not in their power to seize either their
persons or effects so screened under this five years law
tho' they live in great splendour and affluence on the
property of their creditors. Pray for repeal of those
two acts and for prevention of any duty on negroes
imported so pernicious to the British Trade, and that
they may be heard by their Counsel etc. Signed, Jacob
Elton, Mayor and 41 others. Copy. 3 pp. [C.O. 5,
362. ff. 213-215, 216 v.]
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Dec. 6.
Whitehall.
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426. Order of Committee of Privy Council. Referring
following to the Council of Trade and Plantations, for their report.
Signed, Temple Stanyan. Endorsed, Recd. 14th, Read 18th
Dec., 1733. 1 p. Enclosed,
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426. i. Petition of several merchants and others of the City of
London trading to S. Carolina to the King. Petition
against Act for appropriating 104,725 etc. as above, and
that they may be heard by their Counsel against it,
and that no duty be imposed for the future on negroes
imported etc., as preceding, but without reference to
debtor act of 1696. 51 signatures. Copy. 2 pp.
[C.O. 5, 362. ff. 217, 218-219, 220 v.]
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Dec. 6.
Whitehall.
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427. Order of Committee of Privy Council. Referring to the
Council of Trade and Plantations for their opinion on such parts
of enclosed petition as relate to the Act of S. Carolina complained
of. Signed, Temple Stanyan. Endorsed, Recd. (from Mr.
Paxton), Read 9th Jan., 173 3/4. 1 p. Enclosed,
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427. i. Petition of Thomas Cooper, James Greeme, and Rowland
Vaughan of S. Carolina, gentlemen, to the King.
Abstract. Divers of your Majesty's subjects being desirous
to settle on vacant lands on the frontiers vested in the
Crown by the surrender of the Lords Proprietors etc.,
did in Dec. last, pursuant to H.M. Instructions, obtain
warrants from the Governor to H.M. Surveyor General
requiring him to lay out several quantities of lands, that
they might obtain grants upon the conditions appointed
by H.M. Instructions. By virtue of said warrants, they
procured several parcels of uncultivated lands belonging
to the Crown, to be laid out etc. and certified by the
Surveyor General according to the usual method of the
Province. Soon after, the lower House of Assembly,
through the instigation of Governor Johnson, on 3rd
Feb. last issued one or more warrants of commitment
commanding the Messenger of the House to take into his
custody James Fergason, Robert Godfry, William
Staples, and William McPherson, Deputys to James
St. John, Esq., H.M. Surveyor General, for running out
patent lands and lands formerly surveyed contrary to
law, H.E.'s warrant and the Surveyor General's precept.
On 10th Feb. the lower House issued another warrant
to the Messenger to take into his custody the petitioner,
Thomas Cooper and one Job Rothmahler for aiding,
assisting and superintending the Deputy Surveyors in
the same. The lands laid out by the Deputy Surveyors
were lands belonging to the Crown, vacant and uncultivated,
and never had been laid out or surveyed before
by virtue of any lawful authority either from your
Majesty or the Lords Proprietors. The aforesaid orders
of commitment were issued with a view to intimidate
the Surveyor General and his Deputies from doing their
duty in finding out and surveying and all other persons
from making discovery of such of the Crown lands as
had been privately and fraudulently surveyed and concealed
from your Majesty under colour and pretence of
old patents granted to the ancestors of said Governor
and other persons who had been formerly created
Landgraves or Cassiques of the said Province, which
patents were either originally void in law or were become
void by reason of their not having been carried into
execution in the lifetime of the original grantees, but
have lately been set up to the prejudice of your Majesty's
title by the heirs or assigns of the original patentees etc.
The said orders of commitment were issued with the
further view of hindring the claims and pretended titles
set up under colour of the said patents from undergoing
a judicial examination in the Courts of the Province
where such matters are properly cognizable etc. Cooper
was taken into custody accordingly on 22nd March,
at which time the Assembly was adjourned, and was
not to re-assemble for another 10 days. James Greeme,
his Counsel at law, at his request, sued out on his
behalf H.M. writ of Habeas Corpus grounded on the
Statute returnable immediately to the end that the
cause of his imprisonment might be legally examined,
forasmuch as he, by the order of commitment, was not
charged with any breach of privilege, contempt or other
offence against the House, or of any crime for which by
the laws of the land he ought to have been deprived of
his liberty etc. The Messenger refused to obey the writ
of Habeas Corpus. No return being made of it within
three days after the delivery of it, Greeme sued out of
H.M. Court of Common Pleas the usual and lawful
original process against the said Messenger in an action
brought on the penalty of the Statute for his refusal.
Said process was delivered by Greeme to the Provost
Marshall, the proper and only officer appointed for its
execution. But the process was never served or
executed upon the Messenger. The House being afterwards
reassembled, 5th April, issued out another
warrant commanding the Messenger to take Greeme into
his custody for signing and delivering the aforesaid
process etc. Greeme on being arrested immediately
preferred a petition to the Lower House in a very humble
and submissive manner for his discharge, and Cooper
petitioned in like manner etc. Both petitions were
rejected. Greeme thereupon obtained from the Chief
Justice H.M. writ of Habeas Corpus directed to the
said Messenger, which was delivered to him by the
petitioner Rowland Vaughan, for which he was likewise
by order of the lower House committed to the custody
of their Messenger, and thereupon resolutions were
passed by the House that the Messenger should yeild
no obedience to any writ of Habeas Corpus for any person
that was committed by order of the said House.
Petitioners having undergone a tedious and close
confinement and having made frequent applications for
writs of Habeas Corpus to several of the Magistrates
who by the laws of the Province are impowered and
required to grant the said writts, and having lastly
applied to H.M. Governor who by the laws is also
obliged and by the royal Instructions is strictly
enjoyned to take care of the due execution of the laws
and that writts of Habeas Corpus be not denyed, and
having been denied the same, were at last obliged to
petition the lower House in such terms as they thought
fitt to direct for their enlargment, and then with
difficulty were discharged on payment of exorbitant
fees amounting to upwards of 300 besides the damage
they sustained in their several callings. In order further
to distress them and debar them from pursuing their
legal remedies against the several officers by whom
petitioners have been injured and to skreen and shelter
the said officers from the penalties they have incurred by
refusing to put in execution the laws made for the
preservation of the liberty of H.M. subjects, as well as
for mainting the royal prerogative etc., the Assembly have
passed an act of a most unusual and extraordinary
nature intituled for the prevention of suits and disturbances
to H.M. Judges and Magistrates in this Province
on account of the Habeas Corpus Act. To which act
although it is expressly contrary to several of his
Instructions, the Governor hath thought fitt to give his
assent etc. The aforesaid proceedings were not only
designed to deter H.M. officers from surveying Crown
lands fraudulently concealed etc., but also by a way
unpresident and unknown to the English Constitution
to assume to themselves an independant and uncontroulable
power and jurisdiction to determine H.M.
rights and to prevent H.M. subjects from pursuing their
legal remedys in the ordinary Courts, or by appealing
from them to H.M., and to wrest out of H.M. royal hands
his undoubted prerogative of administering justice etc.
Pray to be heard by their Counsel against said Act, and
that it may be repealed. Pray for such further relief
as H.M. shall think fit. Signed, Benja. Whitaker,
Robt. Hume, Attorneys for the Petitioners. Copy.
8 pp. [C.O. 5, 313. ff. 3, 4-8, 10 v.]
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Dec. 7.
Whitehall.
|
428. Mr. Popple to Mr. Fane. Desires opinion in point of
law of Act of Jamaica, 1733, to entitle John Goulding senr., of the
parish of Vere, planter and his family to the rights and privileges of
English men born of white ancestors etc. [C.O. 138, 17. p. 390.]
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Dec. 8.
|
429. Deposition of Joseph and William Jefferis, of Bristol,
merchants. Deponents have greatly suffered by the duty of 10
Carolina money pr. head on negroes, and the increase of the paper
money there (cf. 6th Dec.). They are thereby very much discouraged
in carrying on their trade to S. Carolina ; for they not
only trust the buyer with this duty, but he has it in his power, and
it's frequently made use off when goods are sold the buyers for this
paper money, to take of it up at interest and pay the seller rather
then pay the produce of the Colony at ye common price, thereby
to inhance the price of the produce according to the necessity of
factors to load the ships consign'd them ; by wch. it follows that
those persons who have sold on credit long since when their
produce was much lower are to receive it at a higher price.
Deponents further say that James Hasel late of Barbados (who
with his partner Isaac Crumpe owe deponents and others owners
of a ship above 4000 Barbados mony on bond for the produce of
negroes by them sold) arriv'd not long since at S. Carolina, and
brought with him from thence considerable effects, but that by
means of the five years Act, their Factors have been prevented
from seizing the same : and that as the said Crumpe hides from
his creditors in Barbados, these deponents are with others like
to be great sufferers thereby. Signed, Jos. Jefferis, Will. Jefferis.
Endorsed, Recd. Read 9th Jan., 173. p. [C.O. 5, 309.
ff. 1, 2 v.]
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Dec. 10.
Lincoln's Inn.
|
430. Mr. Attorney General to [? Mr. Popple.] Before Mr.
Sollicitor and I can give our opinions on the representation of
Mr. Smith which you was pleased to send us, we want to be more
particularly informed of the authority by which the late Lords
Proprietors of North Carolina made the fundamental constitutions
therein mentioned etc., likewise whether all the Lds. Proprietors
have surrendered up their rights, and in whom the power of
making laws is now vested etc. Signed, J. Willes. Endorsed,
Recd. Read 11th Dec., 1733. 1 p. [C.O. 5, 294. ff. 76, 81 v.]
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Dec. 11.
Whitehall.
|
431. Mr. Popple to Mr. Willes, Attorney General. In reply
to preceding (Dec. 10), encloses Charter of Carolina, by King
Charles II, and the Governor's Commission etc. [C.O. 5, 323.
ff. 107, 107 v.]
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Dec. 11.
Whitehall.
|
432. Council of Trade and Plantations to the King. Propose
Thomas Hals for the Council of Jamaica, in the room of John
Moore, decd. [C.O. 138, 17. p. 391.]
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Dec. 11.
Whitehall.
|
433. Council of Trade and Plantations to the Committee of
the Privy Council. Pursuant to Order of 23rd Nov., enclose
following. Annexed,
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433. i. Draught of Additional Instruction to Governor Belcher.
Whereas a Bill did pass the Council and House of
Representatives of Our Province of the Massachusets
Bay on the 20th of June last, entituled an Act for
granting the sum of 3000 for the support of H.M.
Governor, and whereas application has been humbly
made to Us, in your behalf, that We would graciously
permit you to give your assent to the sd. bill. Now
having taken the premises into Our royal consideration,
and more particularly, that you have hitherto strictly
adhered to Our Instructions in refusing to accept of any
sum of mony whatsoever from the Assembly, upon
terms contrary thereto, and also taking notice of your
behaviour in the sd. Assembly, in the year 1732, where
you asserted the rights of Our Crown, and endeavour'd
to disswade them from pursuing the undutifull and
pernicious measures they were then engaged in, We do
therefore, out of Our special grace and favour to you,
condescend to your request made in your behalf, and
you are hereby impowered to give your assent to the
aforementioned bill. [C.O. 5, 917. pp. 92, 93.]
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Dec. 11.
Whitehall.
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434. Council of Trade and Plantations to the King. Recommend
granting of 5,370 cannon shot of different sizes, as requested
by the Lt. Gov. Council and Assembly of Antigua, the people not
being in a condition to be at the expence of supplying themselves
with such a quantity of shot, "which may be necessary for their
defence in case of an attack ; and considering the importance
of this Colony to the trade of your Majesty's subjects, and the
danger to which they would be exposed from the neighbourhood
of the French Colonies in case of a rupture" etc. [C.O. 153, 15,
pp. 236-238.]
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Dec. 12.
Whitehall.
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435. Mr. Popple to Mr. Fane. Encloses (in book of laws),
for his opinion in point of law, Act of the Leeward Island for the
supplying the want of fines and recoveries in these islands. [C.O.
153, 15. p. 239.]
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Dec. 13.
Whitehall.
|
436. Council of Trade and Plantations to the King. Recommend
for confirmation Act of St. Xtophers, 1722, to enable
Andrew and Peter Audain etc. (v. 8th Aug.), "as the act hath lain
in our office for above ten years, in which time no objection hath
been made against it, and the infants therein mentioned have
long since come of age" etc. [C.O. 153, 15. pp. 239, 240.]
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Dec. 14.
Sheerness.
Downes.
|
437. Capt. Fytche to [? Mr. Popple]. Sir, Noe alterations
having hapen'd at Canso this year, can only send you the fishing
scheme etc. Signed, Robt. Fytche. Endorsed, Recd. 2nd Jan.,
Read 18th April, 1734. p. Enclosed,
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437. i. Scheme of the Fishery at Canso for 1733. Fishing ships,
none. British sack ships, 14 (50 to 150 tons). Ships
from America, 6 (30 to 50 tons) ; schooners and sloops
from America, 115, (15 to 36 tons burthen). Men
belonging to British sack ships, 130 ; from America,
740. Passengers by British ships, none. Boats kept by
fishing ships, none. Quintals of fish, made by British
fishing ships, ships from America and inhabitants, none ;
by schooners and sloops from America, 46,000 ; carried
to foreign markets, 40,000 ; to N. England, 6000.
Train oil, 20 tons made by schooners and sloops from
America. Price of fish, 11s. 6d. per quintal ; of train
oil, 11 10s. per ton. Seal oil and furs, none. Stages
and trainfats, none. Inhabitants, exclusive of the
garrison, 30. Fishermen who stayed last winter, none.
Signed, Robt. Fytche. 1 p. [C.O. 217, 7. ff. 15, 16,
18 v.]
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Dec. 15.
New York.
|
438. Governor Cosby to the Duke of Newcastle. Encloses
following. Continues :When I was att Albany last September
I viewed the fort and went to Schanectady to see that likewise and
found both in a very ruinous condition. I acquainted myself
with their scituation with respect to Canada as well as to our own
settlements and am convinced that neither of them at present
answer the end for which they were first built, for the country is
now so farr pretty well settled, and the people are daily settling
beyond them as farr as they dare, which I own is not farr, in my
oppinion therefore the most effectual way to extend our settlements
is to erect forts in places more advanced towards Canada
and so as to have a line of forts between that part of Hudson's
River that lyes near the lake which leads to Fort Chamblie in
Canada and the Fort at Oswego, such a line of frontier garrisons
would keep the French from incroaching upon us (as they have
lately done by building a fort between Albany and the Lake) and
would encourage our planters to extend their settlements to our
advanced garrisons, by which means the quit rents will be much
augmented. I have discoursed this affair with some of the
Assembly who like the thing but seem averse to the expence ;
and I much question whether I shall at any time be able to bring
them to it, tho' it is apparent that the common interest of the
Province in time of peace and their protection in time of warr
is highly concerned in it, if I could but make a begining of building
one fort between Albany and the new French fort on this side of
the lake, even that would stop the progress of the French and
incourage a multitude of settlements to be made beyond Albany,
but I can't promise myself much success in it here, if H.M. would
be at the expence I am confident it would answer all my hopes.
I humbly submit this to your Grace's consideration etc. Signed,
W. Cosby. Endorsed, R. 7 Febry. 1 pp. Enclosed,
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438. i. Copy of Cosby to Board of Trade. Dec. 15. 4 pp.
[C.O. 5, 1093. ff. 297, 297 v., 298 v300 v.]
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Dec. 15.
New York.
|
439. Same to Same. Gives account of his supplying the
French garrison at Louisburg as in following letter. The Council
were of opinion he ought to do so, as being both humane and
agreable to the treaties between the two Crowns. The cargo
they brought was very inconsiderable, only 12 hogsheads of rum
and 2 casks of oil, they depending chiefly on the money and bills
of exchange they brought with them etc. The fortifications at
Louisburg are considerable, but the barreness of the island on
which they cannot raise the least provission, and the uncertainty
of the crops in Canada must make the subsistance of the garrison
very precarious etc. Refers to following. Signed, W. Cosby.
Endorsed, Recd. R. 7th Feb. 1 p. Enclosed,
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439. i., ii. Governor St. Ovide de Brouillan and Intendant Le
Normant to Governor Cosby. 11 November 1733,
Louisburg. Duplicates of following encl. iii.
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439. iii. Duplicate of encl. (acct.) ii following. [C.O. 5, 1093.
ff. 290, 291 v., 292, 294, 296.]
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Dec. 15.
New York.
|
440. Governor Cosby to the Council of Trade and Plantations.
Abstract. When he was at Albany in Sept. to meet the Six
Nations, the Sachems of the Mohocks, the most warlike of them,
desired a conference with him. He summoned the Councils who
attended him, and the Sachems asked for redress of a gross deceit
and injury done them by the Corporation of Albany. They said
they were the natural owners and proprietors of that part of the
Mohocks' country where they lived and which their ancestors had
held and cultivated etc. They were under the protection of His
Majesty, and relied on his justice and goodness that the Government
would never make any attempt to dispossess them. Yet
a year or two ago, the Mayor and some others of the Corporation
of Albany did insinuate to them that Governor Montgomerie had
an intention to take their lands from them, and possibly some
future Governors might pursue the same intentions, and that
there was but one way to secure their lands from such attempts,
which was to make them over to the Corporation in trust for them,
and that then the Corporation would withstand all such attempts
and preserve their lands to them etc. They accordingly executed
a deed, as they supposed, making over their lands to the Corporation
in trust for such time only as they should think fit. The
Corporation promised them a counterpart of that deed, but
never gave it them. Some time afterwards, they were informed
that it was not a deed of trust, but an absolute conveyance of
1000 acres of low or meadow ground at Tiononderoga, their best
planting ground etc. He sent for the Mayor desiring him to
bring the deed, which being read and interpreted, the Sachems
cried out with one voice that they were cheated, and vowed that
as long as there should be one Mohock liveing, the people of
Albany should never have a foot of that land. If they had no
redress, they would leave their country and go over to the French.
They begged to have the deed delivered up to them. He enquired
if the Corporation had give them any consideration for it, whereby
it might appear that there was an intention of a purchase, but
not finding that they had given them anything, and the fraud
being but too evident, he gave the deed into the hands of the
Sachems, who with great rage tore it into pieces and threw it into
the fire etc. The Corporation talk of applying to H.M. for a
confirmation of their charter, pretending that they have a right
to these lands by the charter granted them by Collo. Dongan.
States that case and is persuaded the Board will advise against
such confirmation, the Col. Dongan having granted a charter in
his own name, which gave a perpetual licence to purchase from the
Indians etc. As to the 1000 acres of land at Tiononderoga, it
may be fatal to the frontier settlements to grant them anyhow
till they are first purchased of the Mohocks etc. On the 15th a
sloop from Louisbourg arrived with two officers on board bearing
letters from the Governor and Intendant of Cape Breton desiring
his permission to purchase provisions for the garrison and island
who were in the utmost distress. Their dependence is on Canada
for bread and pease, but the crops have failed. With the advice
of the Council, he permitted them to purchase specified quantities
etc. A garrison depending on beef and pork from France and
uncertain crops of grain in Canada must make that place in time
of war very precarious, especially if our men-of-war are active etc.
Encloses Acts of last session, which need no remark, except
that to repeal part of a clause in an act. In obedience to H.M.
Instruction has granted the swamp and freshwater therein
mentioned to Anthony Rutgers etc, Set out, N.Y. Col. Docs.
V. 960. Signed, W. Cosby. Endorsed, Recd. 5th, Read 14th
Feb., 173. 4 pp. Enclosed,
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|
440. i. Conference between Governor Cosby and the Six
Nations at Albany, Sept. 7th-12th. Set out, N.Y. Col.
Docs. V. 962. Endorsed, Recd. 5th Feb., 173. 14 pp.
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440. ii. Account of the provisions (48 tons of flour, 9 tons of
peas) carried from New York for the garrison at Louisburg.
Endorsed as preceding. p.
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440. iii. Letters from the Governor and Intendant of Cape
Breton to Governor Cosby. 11 November 1733, Louisburg.
Request permission for two officers (Le Gaive
and De Laronde) to purchase flour, biscuit and peas for
the garrison, which is in great distress. Send presents of
some of their best Bordeaux and brandy. Signed, St.
Ovide de Brouillan, Lenormant. Note by M. Le
Novinan. Endorsed as preceding. French. Copies.
2 pp. [C.O. 5, 1056. ff. (with abstract of covering letter)
64, 65-66 v., 67 v., 70-76 v., 78 v.80, 81, 89 v.]
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Dec. 15.
Morrisiana.
|
441. Mr. Morris to the Council of Trade and Plantations.
Abstract. Since his letter enclosing some prints (v. Oct. 4) there
are more made public, and some articles of complaint (v. encl. i.),
which are intended to be laid before H.M., and are enclosed for
the Board's perusal. The case of the Albany deed is endeavoured
to be evaded by the approbation of the Council, which reflects
upon the approvers, and the Governor's influence over them etc.
Mr. Horsmanden is the person meant by the 14th article (encl. i.),
a gentleman of breeding and sense and a barrister, but no estate,
and unable to pay a mortgage maturing this month etc. Continues :
The affair of the French sloop (Art. 27-30) gives much
uneasiness to the inhabitants (v. preceding) : Whether as some
suppose, she was sent by the French Government to sound our
harbours and discover our strength : or, as others guesse, on a
scheme projected by the Governour, and his brother, a Major at
Annapolis Royall, (who has married a French lady of that place) to
carry on a clandestine trade with the French, 'tis certain that the
pretence of a bad harvest at Canada and want of provisions at
Louisbourg, was but a mere sham. By the accounts we have
among the mercantile folks, the French are laying in large stores
of provisions in all their garrisons in America ; and a vessel they
chartered here to carry provisions, it's supposed will be sent to
some of their islands. Had the Governor confined the persons
that sounded our harbours etc., he would have done nothing but
what the French would have done in the like case, who make
prisoners of any English man that goes to Canada : as your
Lordps. may learne from Mr. Livingston, who goes over with
this ship : he is to be heard of at the New York Coffee house in
London. I sometime since sent a son of mine, with a son of the
late Commissioner Swanson to Canada to learn the language ;
but the Governour of Canada made prisoners of them and sent
them back etc. Has s en an affidavit of the last articles. By
false muster rolls and the misapplication of the soldiers' money
and that of the presents to the Indians, the Governor makes a
vast profit, but the consequence is that our garrisons are left
defenceless and we have lost a great part of our Indians, who are
gone over to the French, and the soldeirs now at New York (if
the officer who made the affidavit may be believed) are most of
them, either convicts transported, or papists, or both : not the
most likely people to make a good defence against the French ;
or the fittest to be trusted in a frontier garrison. I know several
of these soldiers who have neither had pay nor clothing for several
years etc. The Council's address to the Governor, telling him
how happy this Province is, to be under the command of a person
so able to defend it, in case of a war, which they suspect to be
approaching, was brought, he is told, ready drawn into Council
according to custom and signed without much hesitation, but
really amounts to no more than the Governor's own address to
himself. They are the only persons who have a good opinion of
him, for no man was ever so universally hated etc. Continues :
His new Exchequer Court, and a series of rash actions in every
part of his conduct, have so farre exasperated the people, as
gives room to suspect, that he cannot be long verry safe etc.
The Board will find that this is confirmed by most who go from
these parts, and that the Governor's recall will be necessary for
H.M. service ; for the safety of the inhabitants and of the writer.
Set out, N.Y. Col. Docs. V. 5, 957. Signed, Lewis Morris.
Endorsed, Recd. 1st Feb., Read 13th Aug., 1734. Addressed.
Holograph. 2 large pp. Enclosed,
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|
441. i. Heads of Articles of Complaint to be exhibited against
Governor Cosby by Rip Van Dam. Abstract. (i) You
have not communicated any of H.M. Instructions to the
Councill as by your Instructions you are obliged to do
where their advice and consent was necessary. (ii), nor
H.M. orders against your receiving presents, which you
are positively directed to cause to be registred in the
Councill and Assembly books. (iii) You have contrary
to your Instruction displaced and (iv) appointed Judges,
Justices of the Peace, and Sheriffs etc., without advice
of councill. (v) The Councill being by H.M. appointed
to be a part of the Legislative body, and as such to sit
and act seperate from the other parts, you have not
permitted them so to do, but (vi) have taken upon you
(in order to influence their debates) to sit among them
and act as their President, tho H.M. has given you only
a negative voice etc., and (vii) during all the sittings of
the Assembly, have not suffered the Council to proceed
on any business till so late in the sessions, that they
could not prepare bills necessary for the publick utility,
or duly consider those prepared by the Assembly, but
were compelled to pass them without amendment for
want of time etc. (viii) Where the advice of the
Councill has been thought necessary, you have not given
general summonses, but have only summoned so small a
number as would constitute a Quorum in which you were
sure of a majority etc. (ix) When the advice of Councill
was required, it has been usual for them to consider the
same in a Committee etc., but your practice has been
to concert what opinion was most suitable for your
purpose and then to summon such particular members
in a hurry, a majority of wch. were prepared to give the
opinion desired etc. This is a virtual suspension of the
members not summoned, one of which has not been
summoned to any Councill for above a twelvemonth
past, tho in town at every time of their sitting, which
I take to be a suspention of that member without advice
of Councill. (x) You have taken upon yourself to act
as President of the Councill in receiving bills and
messages from the Generall Assembly. (xi) You have
violently taken from the members of the General
Assembly bills and messages they were bringing to the
Council etc. (xii) and in open Council maltreated them
for so doing, and (xiii) the members of Council for daring
to debate concerning their right of receiving bills and
messages from the Assembly etc. (xiv) You procured a
person to be appointed to the Council who is in necessitous
circumstances etc. (xv) By these methods you have
rendered the Council useless in their Legislative capacity,
and put it in the Governor's power to squander the
public money etc. (xvi) You have, by advice of Councill
so partially modelled and summoned, taken upon you
to erect a Court of Equity in the Supream Court by
ordinance without consent of the Generall Assembly by
legislative act, contrary to the laws of England, and the
Royal Commission and Instructions to you etc. (xvii)
For that tho' by the said ordinance it seems pretended
to give only to the Supream Court such powers as the
Court of Exchequer has in England, yet contrary to the
known laws of that Court you have by the same ordinance
impowered the Judges in vacation at sittings by them
to be appointed and adjourned at their will and pleasure,
to teste writs and to make writs returnable at the days
of such sittings, whereby the good people of this province
are subjected at all times of the year to be called from
their vocations by the writs of that Court, which as it
has been to me, so in time it will prove to the grievous
vexation of the people etc., by rendring the proceedings
in law uncertain and precarious. (xviii) The said
Court of Equity is erected without any check or means
to controle or prohibit it in case it should take upon it
the cognisance of matters purely tryable at law and by
jury, whereby the people are subjected as to their
rights and liberties to the meer will and pleasure of the
Judges of that Court ; whom you have taken upon you
to place and displace at your meer will and pleasure ;
and consequently the meer will and pleasures of
Governours, is introduced to be the law etc. (xix) You
have by threatning and abusive messages to the late
Chief Justice endeavoured to warp him to your purposes
and fright him from doing his duty. (xx) You have
displaced the late Chief Justice without advice of
Council etc., without cause to the world known, unless
it was for giving an opinion on a matter of law that came
judicially before him. (xxi) You have appointed a
Chief Justice and Second Judge without advice of
Councill, in all probability to promote your own purposes
etc. (xxii) You have made use of the King's name to
prosecute me for your own sole advantage, and refusing
me the means of comeing at common justice against
you, tho' requested of you by me in the humblest manner.
(xxiii) You have displaced Sheriffs without advice of
Councill, and put in strangers having no visible estates
and without their giving any security etc. (xxiv) Some
of these persons were youths unfit for these offices.
(xxv) Contrary to good faith and common honesty you
delivered to the Indians to be destroyed the deed given
by them to the Corporation of Albany for a considerable
tract of land, to the great and irreparable damage of
the said Corporation etc. (xxvi) Nicholas Cooper, made
by you high Sheriff of Westchester, one of the most
considerable counties, is a stranger and person of no
visible estate, and is supposed to have been by you put
into that place in order to defeat the election of the late
Chief Justice to the Assembly, in favour of one Foster,
a known Jacobite, set up against him and countenanced
by the now Chief Justice and Second Judge appearing at
the head of his party : did actually refuse the votes of
38 of the people called Quakers, the most considerable
freeholders in the said county etc. ; and you still continue
Cooper in his office. (xxvii) You suffered the French
sloop Le Csar which came hither from Louisburgh to
trade and take in provisions etc., without any proper and
sufficient enquiry into the truth of the letter of the
French Governour etc. (v. preceding, encl. iii), the
circumstances of the French at Cape Brittoun, the quality
of the persons on board, their behaviour in coming to
this place, and the true design of their coming ; all
which you might have discovered (if you would) to have
been very contrary to what it was pretended by them
to be. (xxviii) It was known to the greatest part of
this town and might have been known to you that there
was no scarcity of provisions at Cape Brittoun nor a
bad harvast in Canada ; that there was an Engineer
and 3 French pilots on board ; that they dilligently took
all the soundings and land-marks and views of land
comeing into this port, which made it evident that
their intention was to discover the way into and weekness
of this place etc. ; for which they ought to have been
confined till H.M. pleasure was known etc. On the
contrary you suffered them to go back thro' the sound
and thereby to discover also our soundings and land
marks that other way into this port. (xxix) You
suffered them to land 4 hogsheads of claret, 2 hogsheads
of brandy and 2 of sallet oyle, contrary to the laws of
trade and your Instructions etc. (xxx) You received
all the said claret etc. by way of present etc., and this
I suppose induced you to grant a liberty to trade here
which you ought not to have done. (xxxi) You have
caused no muster to be made of the companies of fuzilers
under your command for above a year past and yet have
got muster rolls signed as if there had been musters
duly made. (xxxii) You instead of 100 men in each
company do not keep 40. (xxxiii) You have not
delivered cloathing for so many as 40 in a company, and
yet procured receipts as if you had delivered the whole.
(xxxiv) The cloathing you delivered was of far less
vallue than what ought to have been delivered. Set out,
N.Y. Col. Docs. V. 975. Endorsed as preceding. Copy.
4 pp.
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|
441. ii. The Proceedings of Rip Van Dam Esq. ; in order for
obtaining Equal Justice of H.E. William Cosby, Esq.
Statement of his case, and copies of his letters to the
Governor 27th Aug., 27th Sept., 22nd Oct., 1733 etc.
He states (22nd Oct.) that "His Majesty having by his
Instruction of 31st May, 1732, appointed Your Excellency
to receive, and take to your own use, the one half
of the salary, perquisites and emoluments, due to the
Captain General of this Province, during my administration ;
and having, by the same Instruction, appointed
me to receive and take to my own use, the other half ;
and your Excellency having caused a bill to be filed in
Equity in the King's name, for the discovery and payment
of what small matter was received by me, during
my administration on that account : I therefore might
well have hoped that your Excellency would voluntarily,
long agoe, have rendered to me a full discovery of what
you received, for sallary, perquisites, and emoluments,
during that time etc." But H.E. having refused to
give him such an account, he makes his own estimate,
by which he makes it appear the Governor Cosby owes
him 3537 0s. 9d. He estimates the emoluments derived
from the exchange on money for the pay, subsistence,
clothing etc. of the Companies during his administration
(July 1st, 1731, Aug. 1st, 1732) at 5383 6s. 8d.,
making with money derived from salaries, presents for
Indians etc. 8383 6s. 8d. received by Governor Cosby,
whilst he received only 1975 7s. 10d. So that there
was "more received by His Excellency than by Van
Dam 6407 18s. 10d. He explains that H.E. not
having answered his two letters of Aug. 27 and Sept. 27,
in which he petitioned H.E. for his appearance to a
declaration, at his suit for those monies, thus paying
him the highest regard by applying for justice by
petition, the method by which the King's subjects are
entitled to justice even from the King himself, he then
presented his declaration to the Judges of the Supreme
Court now sitting, requesting them to sign a letter of
request to H.E. to appear to his suit, as is usual for the
highest Courts of Equity to send to the Peers of England,
before issuing of the King's process against them. But
not being able to show any precedent of such letter
being granted by the Courts of Common Law, the
Judges declined to sign it. "Whereupon my Council
conceived, that no process whatsoever, that could
affect your person, could in the nature of things be ;
but conceived, that summons and distress infinite, as
it lay against the Peers of England, and priviledged
persons, might well lye against your Excellency ; and
in order to that they prepared a summons, and sent it
to the Clerk, to have it sealed, but he refused to seal it.
Thus .. all the most respectfull ways of coming at
what I conceive is justice from your Excellency ...
have proved ineffectual, while .. your Excellency is
using the King's name to recover of me that small matter
which I received during my administration, and have
proceeded so far therein .. as to get process of rebellion
against me, for want of my answer, tho' I acquainted
your Excellency by my last letter, that my answer was
sworn to, and would before that time have been filed,
if your Excellency would have done equal justice to me,
by appearing to my suit against you ..." etc.
New York : Printed and sold by John Peter Zenger etc.
1733. Endorsed as preceding. 11 pp. (numbered 53-63).
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441. iii., iv. Copies of the New York Journal, Nos. 6 and 7,
Dec. 10 and 17, 1733. No. 7 quotes affidavits that there
was no scarcity in Canada or Cape Breton, and that
M. Laron was busy making a chart coming into New
York etc. Gives names of the five Councillors "usually
summoned to Council" by the Governor, the rest being
"inofficious gentlemen." New York : Printed and
sold by John Peter Zenger : By whom subscriptions for
this paper are taken at three shillings per quarter ; and
advertisements at three shillings the first week, and one
shilling every week after. Endorsed as preceding. 4 pp.
each. [C.O. 5, 1056. ff. 188-189, 190-192, 193 v.-201
v., 203-204 v., 205 v.]
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