America and West Indies: October 1730, 21-31

Pages 321-331

Calendar of State Papers Colonial, America and West Indies: Volume 37, 1730. Originally published by His Majesty's Stationery Office, London, 1937.

Citation:

October 1730, 21-31



Oct. 21. Whitehall.	493. Council of Trade and Plantations to the King. Recommend Henry Harrison for Council of Virginia in place of Mr. Beverley, decd. [C.O. 5, 1366. p. 54.]
Oct. 21. Whitehall.	494. Council of Trade and Plantations to the Duke of Newcastle. Enclose extract of letter from Governor Hunter, relating to the battery he proposes to erect on Lynch's Island and his request for guns etc., for H.M. pleasure thereupon. Conclude:—Considering the present state of the Island we beg leave to joyne with him in the same request, tho' we should otherwise have been tender of proposing a further expence to H.M., and for that reason did not sooner trouble your Grace with any letter upon this subject. [C.O. 138, 17. pp. 296, 297; and (with extract) 137, 47. ff. 65–66v.]
Oct. 21. Whitehall.	495. Same to Governor Worsley. Acknowledge letter etc. of 29th March, 23rd April, 7th July, and one dated in August last etc. Continue:—[We] are very glad to find, the island under your Government in a state of tranquility in all respects, save only in what regards the payment of ye King's tax; as her Majesty has already been pleased to signify her pleasure in this particular by Her order in Council, it is not necessary that we should add anything upon that subject. We have transmitted to His Grace the Duke of Newcastle an extract of your letter of 7th July in relation to the Governor of Porto Rico etc., and we hope you will soon receive H.M. directions how to behave on that occasion. We observe what you write concerning the petition, praying that H.M. would prevent the importation of any sugars from any of the French and Dutch Colonies into Ireland, or the Northern Colonies, till those commodities shall have paid a duty adequate to that which H.M. subjects in His Sugar Colonies do pay in Britain, or that they may have the same liberty as the French, of exporting their improved sugars at a duty of one pr. cent, upon exportation directly to any one of the Spanish ports in Europe, without first importing them into England. And as this petition may probably in a few days be referred to this Office, we shall then give our opinion upon it to H.M. We desire you will, as soon as may be, send us a particular account what numbers of French are now settled upon ye Island of Sta. Lucia, and how many English are now there, how they are employ'd, and that you will continue from time to time to inform us, by an exact return to our general Queries, of the state of all the islands under yor. Government. [C.O. 29, 15. pp. 212, 213.]
Oct. 21. Whitehall.	496. Same to the Duke of Newcastle. Enclose extract of Governor Worsley's letter of 7th July. Continue:—From this extract your Grace will perceive what treatment the Spaniards at Porto Rico have shew'd Capt. Barnesley, Commander of one of H.M. ships of war, when he went to demand restitution of such vessels belonging to some persons at Antigua and Barbados, as had been taken by the Spaniards since 11th June, 1728. Autograph signatures. 1 p. Enclosed,
	496. i. Extract of Governor Worsley's letter to the Council of Trade and Plantations, 7th July, 1730, referred to above. 1 p. [C.O. 28, 40. No. 7, 7 i; and (covering letter only) 29, 15. p. 214.]
Oct. 21. [sic] Boston.	497. Col. Dunbar to Mr. Popple. Since my last pr. my brother, I have attended a Committee of the House of Representatives upon a summons, Governor Belcher haveing recommended to them the passing such laws as were requisite for preservation of H.M. woods. I herewith send you the votes to shew how the House received the report of the Comttee. in favour of the bill proposed by me etc. The sloop which this Governmt. sent to Fredericks fort, returned to York in the province of Maine, and putt into the goal there 4 poor fellows whom they took working in the woods near the fort, where they are now starveing; their crime was the pretended riott or act of pyracy mentioned in my last, they have been tryed at one Court and tho' nothing could be made of it, they are continued over until January next; this is ye justice of this country to strangers and foreigners as all H.M. European subjects are called here; the poor Pallatines mentioned in my former to you are begging about town, it would move any other people to see them, no dyeing criminals look more pitteously, they were bound to Pensilvania but brought in there as I formerly mentioned, where they are likely to perish this winter. Encloses papers to be laid before the Board. Continues:—I have been long detained here by a most malitious prosecution at the instigation of Governor Belcher and Doctor Cook, all indifferent people say they never heard of such useage. My brother will tell you the whole. I am now goeing to winter at Fredericks fort. This town at this time is full of Frenchmen, come to carry away large ships to their plantations, [on opposite page. Qr. what Plantns. French West Indies.] purchased here with rum and molasses, the practice is for a merchant here to go with the ship beyond the Fort [on opposite page, Qy. What Fort. Fort William in Boston harbour] and there to give a bill of sale and the register to the French master, and thus evade the Acts of Navigation, besides rum and molasses the French send and bring wines and great quantitys of their silks and all this connived at, etc. Signed, David Dunbar. Endorsed, Recd., Read 31st Dec., 1730. 2 pp. Enclosed,
	497. i. Governor Belcher to Col. Dunbar. Boston, 24th Oct., 1730. Abstract. In reply to No. iii, though his constant attendance at the General Court keeps him in a great hurry at present, he will always be ready to attend to what Col. Dunbar may propose for H.M. service. He still thinks the Proclamation is done with good propriety, and there is no necessity for renewing it annually. But if Col. Dunbar thinks H.M. service will be prejudiced for want of it, will order one to be published here and in New Hampshire. He recommended the affair of the King's Woods to the Assembly at his first opening of it, and again upon Col. Dunbar's letter of 26th Sept. etc. Hopes what he has done may produce some good law next sessions. Has never found it the way for success to offer matters to the Assembly when they are in a hurry to rise. Signed, J. Belcher. Copy. 1½ pp.
	497. ii. Same to Same. Boston, 21st Oct., 1730. Reply to No. v. Abstract. Has it in command from the King to govern this people according to the Charter, of which he finds constant mention in the Acts of Parliament for the preservation of the woods. Sees, therefore, no impropriety in referring to it in his Proclamation. He did not think it proper to insert any official advertisement in the Proclamation. He consulted the Council upon Col. Dunbar's letter and the Proclamation, which he still thinks full and sufficient. Repeats gist of conclusion of preceding. Signed, J. Belcher. Copy. 2½ pp.
	497. iii. Col. Dunbar to Governor Belcher. 22nd Oct., 1730. Reply to No. ii. Regrets difference of opinion as to Proclamation and requests one for N.H., mentioning the dimensions of trees and penalties. As to the miscarriage of the Act proposed by him being due to his mistimeing it at the end of a sessions, his application to the Governor was made in eight days after his arrival, 18th Aug., and it was not till 4th Oct. that the latter informed him that he thought it too late to introduce the act etc. Signed, David Dunbar. Copy. 2 pp.
	497. iv. Same to Same. Boston, Oct. 26, 1730. Reply to encl. i. "It may seem a little out of the way, if you should order a different proclamation in another Province of your Governments, from that you issue here" etc. Continues:—The miscarriage of the late proposed bill, which passed the Committee, was oweing wholy to one particular gentleman in the House, who would be much affected thereby, as he is interested in saw mills in the heart of the white pine woods etc., namely, Doctor Cook etc. Asks for a ruling in the case of Col. Westbrook and his partners, who are likewise building saw mills, he says upon his own private property, and therefore may cut trees to saw at his mills etc. The discharge of his duty has made him so many enemies, that a man of less resolution would be afraid to persevere. Refers to "the Doctor's inveteracy against me" etc., and Mr. Atkinson's treatment of him etc. Concludes:—I was yesterday very well informed that Dr. Cooke has lately threatend me with the Indians, to the eastward. I see there are presents ordered for them. I have already had notice from the chiefs of the Indians at Penobscot that the people at the truckhouse at Georges have done their endeavour to turn them against the new settlers; I am goeing thither to undeceive them, and I have good reason to apprehend that the Doctor's goeing thither may produce dangerous consequences. Signed, D.D. Copy. 4½ pp.
	497. v. Same to Same. Boston, 19th Oct., 1730. Has sent copies of the Proclamation to New Hampshire, but does not think they answer the end he proposed, "for by your quotation of the restrictions in the Charter, the common people may understand that any trees may be cutt yt. are under 24 inches diameter," as indeed the Governor himself thought when he first waited upon him. Requests, therefore, that the dimensions and penalties may be proclaimed, as Governor Dummer did last year. Presumes these proclamations cannot properly be fixed up in N.H., and hopes H.E. will send orders to that Government to do what is proper therein. "If you had thought fitt to have published the advertisement wch. upon consulting H.M. Advocate Genii, you seemed willing and resolved to do with your Proclamation, it might have prevented you this trouble" etc. Was summoned to attend the Committee for Laws at Roxberry: they were extremely obliging, and he believes it will not be the fault of the Committee, if an act does not pass, "but they were not apprized of the particulars of my application to your Excellency, wch. I hoped you had communicated to the House. I therefore told the Committee that as the session was far spent, I would avoyd clogging the matter, and only desire that all ye saw mills, their scituation and owners names may be registerd in some publique office, with all the private propertys yt. were so before the 7th of Oct. 1690" etc. Signed, David Dunbar. Nos. i–v. endorsed, Recd., Read 31st Dec., 1730. Copy. 1½ pp.
	497. vi. Proclamation by Governor Belcher, to prevent the destruction or spoil of H.M. woods. Roxbury, 8th Oct., 1730. Enjoins observance of the restrictions and injunctions contained in the Charter and Acts of Parliament relating thereto. Signed, J. Belcher. Printed. Boston. 1 large p.
	497. vii. The Boston Gazette, numb. 567. 12th—19th Oct., 1730. Contains an advertisement by Col. Dunbar, 19th Oct., that he has warned people cutting white pine trees in the neighbourhood of Sheepscot River, that he has made choice of that place, as being within the Province of Nova Scotia, as part of the 300,000 acres he is instructed to reserve for H.M. Navy etc. Endorsed, Recd. 31st Dec, 1730. Printed. Boston. 2 pp.
	497. viii. Votes of the House of Representatives of the Massachusetts Bay, 28th Sept.—21st Oct., 1730. Endorsed as preceding. Printed, by Thomas Fleet. 44 pp. [C.O. 5, 871. ff. 236–240, 242–245, 246, 246v., 247v., 248, 249, 249v., 250v.–266, 267–269, 270–272, 273–274v.]
Oct. 21. Whitehall.	498. Council of Trade to Committee of Privy Council. Enclose following.
	498. i. Draft of Instruction for Gov. Johnson relating to Mr. Purry's Settlement. [C.O. 5, 401. ff. 4–7.]
Oct. 22. Whitehall.	499. Duke of Newcastle to the Council of Trade and Plantations. Refers following for their consideration. H.M. would have you consider the additional clause, which the Garde des Sceaux proposes, that the ships of either Nation shall be forbid to anchor there, unless it be in case of necessity to take in wood and water; and report your opinion upon the right which the French pretend to the Islands of Sta. Cruz and Tobago, their pretension to the last seeming to be entirely new; and also what informations you may have received of a clandestine trade carried on, as is alleged, by the King's subjects at Martinico, Guardalupa, and in that part of the island of St. Domingo, which is inhabited by the French, and what is proper to be done in that respect. Signed, Holles Newcastle. Endorsed, Recd. 23rd Oct., Read 3rd Nov., 1730.1½ pp. Enclosed,
	499. i. Extract of letter from Earl Waldegrave to the Duke of Newcastle. Paris, Oct. 6/17, 1730. Monsr. Chauvelin gave me the enclosed memorial, the first part of which relating to Sta. Lucia etc. is agreable to what Mr. Walpole, Mr. Poyntz and I had the honour to mention to your Grace, the 17th past. Asks for instruction on latter part. Copy. ½ p.
	499. ii. Memorial of M. Chauvelin delivered to Lord Waldegrave 12th Oct. (N.S.), 1730. Welcomes acceptance by the King of England of proposal for reciprocal evacuation of Sta. Lucia, St. Vincent and Dominico, in order to the speedy determination of the right thereto. Is ready to give orders to that effect, to be communicated at the same time as those of the King of England. "It is proper also that vessels should be prohibited from anchoring there, except in cases of need for wood and water, under penalty of confiscation." Continues:—But at the same time one cannot refrain from speaking once more on the subject of the Island of Sta. Cruz, to which England has no effective claim. It is demanded that the English settled there should be ordered at the same time to withdraw, and also that they should be forbidden to establish themselves in Tobago. His Majesty could not make any concession on that point, or refrain from upholding his just rights over those Islands, where the English have none. His Majesty desiring the continuation of the union which exists so happily between him and England, is persuaded that the King of Great Britain will give the necessary orders that nothing should be done which might affect it, such as, amongst other things, the illegal trade which the English, supported even by ships of war, carry on at Martinique, and in the French part of St. Domingo, concerning which useless representations have been made for a long time. Copy. French. 1 2/3 pp. [C.O. 253, 1. Nos. 58, 58 i, ii; and (without enclosure i) 28, 21. ff. 116–117v., 119v.]
Oct. 22. Whitehall.	500. Council of Trade and Plantations to Lt. Genl. Mathew. Acknowledge letters etc. of 24th Sept. 1729 and 11th March, 28th May, 10th and 25th July, 1730, and the old Seal, etc. Continue: —We shall enquire into the characters of Messrs. Payne and Phipps, whom you have sworn into the Council of St. Christophers, to make a Quorum there; But shall represent nothing concerning them to H.M. until Instructions shall be prepared by his orders for a new Governour. We are sorry you have had so much difficulty in getting copies of the publick papers from the respective officers, whose duty it was to have prepared them for you, but hope they have now submitted to it upon this occasion. We must observe to you, that whereas by your Instructions you are to send to us copies of all publick papers, the intent thereof is, that you should send all such papers to us or to our Secretary directly, and not to agents or other persons, to be by them brought to us; you will therefore do well to take notice of this for the future. We have sent the several publick acts you have transmitted to us, to Mr. Fane etc., and so soon as we shall have received his opinion etc., we shall take them into consideration etc. We have considered the papers you sent us, relating to Mr. Wavel Smith's case, whereupon we must observe to you, that it certainly was in all times the intention of the Crown that the constitution of the several Colonies abroad, immediately under H.M. Government, should resemble as much as might be, the constitution of their Mother Country, to whose laws and customs the said Colonies are directed to conform themselves, as far as they may be applicable to their circumstances; For this reason, the Charter, Patent, and Instructions from the Crown have established the Legislature of the Colonies upon the British model; The Governor representing the King, the Council the House of Lords, and the Assembly the House of Commons; that every legislative act of theirs, like those of Great Britain, might pass a threefold approbation, and that each branch of their legislature subsisting upon an independent and distinct footing, might be reciprocally checks upon the other two. But we apprehend that the suspending of a Councillor too lightly, at the request of the Assembly, for not complying with an order of their Committee, not communicated to the Council, might throw too much power into the ballance of the Assembly, and destroy that independence which each branch of the Legislature ought to be possess'd of. The Secretary being a Councillor, we apprehend, he could not regularly attend the Lower House without permission for that purpose from the Council, in their legislative capacity, and therefore it would have been more decent in the Committee to have made their order in general terms, upon the proper Officer only, which might without difficulty have been complied with, by Mr. Smith's Deputy whom he is empowered to constitute by his patent. But if the point aimed at by that order, was, a personal examination of Mr. Smith, the Assembly should have applied to the Council for their leave; and to complaine of Mr. Smith, for not attending without such previous order, is in direct terms assuming a power over the upper branch of the Legislature, in all cases where the Members of the Council Board happen to be (as they frequently must be) Officers and servants of the Crown in another capacity. This would be a precedent of very dangerous consequence, because the King's Councillors in the Colonys have a double capacity, they are not only a branch of the Legislature, but are likewise, as the King's Privy Council, intituled to a considerable share in the administration and execution of the laws there. Wherefore we are intirely of opinion that you have acted prudently, in not suspending Mr. Smith from his seat in Council, on the address of the Assembly, seconded by the vote of the Council; tho' on the other hand Mr. Smith should remember that he is Secretary as well as Councillor, and as he is by his patent intituled to depute a person to act in his stead, he will be in some degree answerable for the conduct of his Deputy, and will therefore do well to give him full instructions upon all occasions to give no just offence to any person, and much less to the Assembly of the Island. We are sorry to find, that the Assembly should insist on any priviledge not properly belonging to them. But altho' your Instructions do direct that their priviledges should not exceed those enjoy'd by the House of Commons here; yet we may tell you, that the Law of Parliament in England is properly the usage of Parliament, and perhaps what has been usually done by your Assemblies, may have by that usage, acquired a sanction in matters not directly repugnant to the authority and prerogative of the Crown. The precedents in England are various; accounts from the Treasury are generally address'd for to the Crown, but in matters of less moment, orders are frequently made upon the respective Offices, without any previous address to the Crown; such an address might be very proper to you who represent the Crown there, for publick accounts; But we apprehend, the attendance of a Councillor in the Lower House ought to be by leave from the Council, as a member of their body, and not from you as Governor only. [C.O. 153, 15. pp. 58–64.]
Oct. 22. Whitehall.	501. Council of Trade and Plantations to Governor Hunter. Acknowledge letters of 9th and 13th May and 4th July etc. Acquaint him with procedure of Oct. 15th and 21st. Continue: —We are surpriz'd that the Assembly should not have come to a resolution of applying to the Crown for assistance in their present difficulties wherein their property is so much concerned; But altho' they have been so negligent of their own safety, H.M. knowing the consequence Jamaica is of to the trade of Great Britain has had the goodness to order two Regiments thither for the protection of the Island and of his subjects there: You will therefore do well to move the Assembly, that an additional allowance be made to their pay whilst they continue with you which no doubt will be until the rebellious negroes shall be subdued. In our last letter to you we stated our objection to the Act for preventing dangers from disguised Papists etc., and we can't but think that objection had it's weight; However considering the small proportion the Whites in general bear to the Blacks in Jamaica, and that according to the Repn. there are many Irish Papists amongst your white inhabitants upon whom there is no great dependance in case of danger. In regard to the present scituation of the Island, we have been press'd by your Agent to lay this Act, and we have according laid the same before H.M. for his Royal approbation, hoping the confirmation of it may give some satisfaction to the people under your Government; tho' we should otherwise have inclin'd to have waited for the effect of this Act in its operation before we had made it absolute. Acquaint him with their support of his request for guns etc. for Port Antonio (v. Oct. 21). Conclude: We shall be always ready to contribute what lies in our power for the service of Jamaica; tho' you can't but be sencible what difficulties attend any expence of this sort which cannot be justified without the sanction of Parliament, and therefore we hope the Assembly who you say have given 3000l. towards finishing Fort George, may be induced to give a further sum for this purpose in case our application should prove ineffectual. The old Seal which you mention (10th May) to be sent, has not yet been received, and Mr. Delafaye knows nothing of it, we must therefore desire you will let us know by whom you sent it, that the same may be broken in Council here according to H.M. orders, you will likewise do well to send us as soon as may be a very full answer to our queries relating to the state of Jamaica. [C.O. 138, 17. pp. 298–301.]
Oct. 22.	502. Memorial of loss and damage (2167 pieces of eight = 500l. sterl.) sustained by Joseph Sandwell, owner and master of the Aurengzebe, seized by the Spaniards at Carthagena, Feb., 1718/19. Deposition, signed, Edgate Sandwell. Endorsed, Recd. 29th Dec, 1730. (from William Read). Copy. 1 2/3 pp. Enclosed,
	502. i.—v. Papers relating to foregoing, English and Spanish. Copies. 31 pp. [C.O. 388, 92. Nos. 13, 13 i–v.]
Oct. 27. St. Johns, Nfland.	503. Mr. Keen to Mr. Popple. I am again under the necessity of acquainting the Lords Commrs. for Trade etc. of a murder committed the 3rd instant supposd to be don by one John Perryman. I have taken all the care I possibly could, by having the body searcht by chyrurgions and have taken their report, and sworn a jury whose opinion, with the evidences taken I have inclosed, and directed to the Justice to whome the prisoner John Perryman and the evidences William Forster and John Farrell shall be delivered, and sent them in the briganteen Elizabeth and Cathrine, William Squarey Commandr. etc. I humbly begg their Lordps. would be pleased to take into consideration, that some means may be found for my reimbursement the charge of sending home the prisoners, for I do assure their Lops. that the people resideing here the winter are not in a capacity to pay it, and the little tax already laid, for building a prison is not complyd with, the Commanders of fishing ships, and traders are so avers to all Goverment, that they endeavour to oppose it with all their might; and altho the rate on the tradeing men, do not amount to one farthing in the pound, they will not pay it; the poor inhabitants make no difficulty in paying their proportion, and have don it as well most of the by-boat-keepers. Besides the difficulty we labour under when a murder is committed, in mentai[ni]ng ye culpble. and wittnesses, the commandrs. of ships bound home will not take them on bord, unless their passages be imediately paid, and then with the utmost difficulty, and wch. I have been forced to comply with; besides the fatigue and trouble and loss of my money disbursed. I beg Sr. that you will be pleased to lay this before their Losps., that some consideration may be had for any future accidents. Signed, W. Keen. Endorsed, Recd. 18th Dec, 1730, Read 12th Jan., 1730/1. Holograph. 1¼ pp. Enclosed,
	503. i. Verdict of Coroner's Jury upon the murder of Walter Nevell at St. Johns. 5th Oct., 1730. Signed, Arthur Came, Coroner; and 24 jurymen. 2 pp.
	503. ii. Deposition of John Farrell, fisherman, servant to John Perriman of Quidi Vidi. 5th Oct., 1730. On 3rd Oct. after drinking in the house of Wm. Forrester in St. Johns, a dispute arose between John Perriman and Walter Nevill over money owed by the former. "Perriman answered he did not owe it him, and call'd him Maz'd Toad," and touched him. Nevell rose, and Perriman knocked him two or three times against the side of the chimney etc. Signed, Jno. Farrel, in the presence of the Coroner and Jury etc. Copy. 1¼ pp.
	503. iii. Deposition of William Forester, 5th Oct., 1730. Corroborates preceding. Taken in the presence of the Coroner and Jury. Copy. 1½ pp.
	503. iv. Certificate of cause of death of Walter Nevell. 5th Oct., 1730. Signed, Richd. Newton, James Gentet, Jno. Monier. ½ p. Nos. i–iv. endorsed, Recd, (from Capt. Osborn), Read 12th Jan., 1730/1. [C.O. 194, 9. ff. 62–66v., 69v.]
Oct. 27. Whitehall.	504. Duke of Newcastle to the Governor of New England. Encloses following and concludes:—As these men are employed in cutting timber for H.M. service, you should give them all the protection you can, from any attempts of the Indians. Copy. Signed, Holles Newcastle. Enclosed,
	504. i. Lords Commissioners of the Admiralty to the Duke of Newcastle. Admty. Office. 16th Oct., 1730. Recommend enclosed application. Copy.
	504. ii. Ralph Gulston to the Commissioners of the Navy. 16th Oct. 1730. By letters from N.E., 17th Aug. last, I have advice from Col. Westbrooke, who provides the masts etc. for my contract, that he had received a letter from the Lt. Gov. of the Massachusetts Bay to be upon his watch for fear of being surprised by a party of Indians, who seem to threaten some disturbance etc. which had occasioned his people who were searching the woods for trees, to retire and leave their work etc. Prays that the Governor may be directed to afford them sufficient protection etc. Copy. [C.O. 324, 36. pp. 240–242.]
Oct. 27. Whitehall.	505. Council of Trade and Plantations to the King. Recommend John Ashley for the Council of Barbados, in the room of Mr. Maycock, decd. [C.O. 29, 15. pp. 214, 215.]
Oct. 28. Whitehall.	506. Mr. Popple to Mr. Fane. Requests his opinion, in point of law, by to-morrow morning whether fines imposed by English Acts of Parliament, for offences committed in the Plantations, and to be recover'd there, are understood to be paid in sterling money, Proclamation money, or in the currency of that Province, where such fine shall be recoverable. [C.O. 324, 11. pp. 240, 241.]
Oct. 28. Whitehall.	507. Mr. Popple to Capt. Laborde. If he has any letters from Col. Dunbar to communicate to the Board, to-morrow morning is appointed for that purpose. [C.O. 5, 916. p. 383A.]