|
155
May 2
Hanover Square London |
Martin Bladen to John Courand. I had the honour the other day to see
the Duke of Newcastle at the House of Commons and promised him
that I would look over my notes in order to make the observations I
sent him on HM's title to Carolina more perfect; but as the courier is
to set out for Madrid tomorrow I find it will be impossible for me to do anything material
upon that subject before his departure. I presume, however, the King's plenipotentiaries
will insist that the Spaniards do produce their title before we show them ours and that
they will also transmit the Spanish pretensions hither for observation; and I apprehend it
may be time enough then to add what we have further to offer and to apply our proofs as
the nature of their case shall require. In the meantime give my duty to his grace and let
him know that I will collect what further information I can get on this head and hope I
shall be able to make out a very clear title to the boundary stated in our article. Signed.
1½ small pp. [CO 5/306, ff 133–134d] |
156
May 2
Whitehall |
Thomas Hill to Francis Fane sending Act passed in Virginia in
December 1738 to enable Ralph Wormley to sell entailed lands, for his
opinion in point of law. Entry. ½ p. [CO 5/1366, p 297; draft in CO
5/1335, ff 163, 163d] |
157
May 2
Palace Court |
Minutes of Common Council of Georgia. Resolved that it be an
instruction to the committee appointed to prepare law relating to tenure
of lands in Georgia that in case of no issue male or female the proprietor
of any lot may be empowered to appoint any other person (not professing the errors of
the Church of Rome) as his successor. Resolved that presents for Indians be bought in
England. Committee of correspondence to consider what shoes and working tools will be
necessary to be sent over. Resolved that 40 sacks of flour be purchased for southern part
of the province. Resolved that the accountant report what sola bills Col Oglethorpe had
spoiled by endorsing them in the wrong place. Read account from Col Oglethorpe of
presents delivered to the Indians. Ordered that 15 tons of strong beer be sent by Two
Brothers to be charged to Col Oglethorpe as payment to him. Read letter from Rev
George Whitefield acquainting the board that he had collected upwards of 500l for the
orphan-house in Georgia. Resolved that a grant of 500 acres be made to him in trust for
the orphan-house free of quitrents for ten years. Entry. 2¼ pp. [CO 5/690, pp 208–210] |
158
May 7
Jamaica |
Governor Edward Trelawny to Commissioners for Trade and Plantations enclosing the following. Signed. 1 p. Endorsed, Recd. 16 July,
Read 18 July. Enclosed:
158 i Account of receipts and payments of public money in Jamaica, 29 September 1735 to 29 September 1738. Copy. Signatory, James Barclay, deputy receiver-
general. Signed, William Perrin, deputy auditor, Edward Trelawny. 26 large pp. [CO
137/23, ff 19–47d] |
159
May 7
S Carolina |
Capt John Gerald to Harman Verelst acknowledging favour of 9
January: the enclosed were delivered to Mr Abercromby who sent the
things for the general to Savannah. I shall be in London in June or July
and shall much esteem favour of any commands this way. We are alarmed here at what
Shubrick says of the situation at home; imagine that a war may happen. If peace should
continue there is one thing that seems to threaten this province with utter ruin, that is, a
late proclamation made by the governor of St Augustine promising freedom to all slaves
that repair to that garrison. And when our government insisted upon it as an infraction of
the good understanding subsisting between the two nations, the governor affirmed that he
had the King of Spain's order for so doing. Beg the favour that in any conversation you
may have with Mr Glen you will mention this as a thing of very great consequence and
make no doubt but he will take care to prevent so great an evil. Signed. 2 small pp.
Addressed. [CO 5/640, ff 311–312d] |
160
May 8
Whitehall |
Commissioners for Trade and Plantations to the King recommending
John Mills to be of the Council in St Christopher's in the room of John
Williams, deceased. Entry. Signatories, Monson, M Bladen, James
Brudenell, R Herbert, Arthur Croft, R Plumer. 1 p. [CO 153/16, p 160; entry of warrant,
dated 15 June 1739, in CO 324/37, p 130] |
161
May 8
Whitehall |
Thomas Hill to Francis Fane sending twenty-three Acts passed in
Virginia in 1738 for opinion in point of law. Titles stated. Entry. 3¾ pp.
[CO 5/1366, pp 297–301; draft in CO 5/1335, ff 164, 164d] |
162
May 9
South Carolina |
Lieut-Governor William Bull to Duke of Newcastle. I beg leave to lay
before you an affair which may greatly distress if not entirely ruin
South Carolina. His Catholic Majesty's edict having been published at
St Augustine declaring freedom to all Negroes and other slaves that shall desert from the
English colonies, this occasioned several parties to desert from this province both by land
and water, which notwithstanding they were pursued by the people of Carolina as well as
the Indians and people of Georgia, by Gen Oglethorpe's directions, have been able to
make their escape. To prevent the like attempt as far as was in the power of this
government, deputies have been sent to St Augustine to demand the restitution of these
deserters pursuant to an agreement formerly entered into by this government and that of
St Augustine to return mutually all slaves which should desert from either province; but
on this occasion it was refused, the present governor of St Augustine acquainting the
deputies that he could not comply with that demand until His Catholic Majesty should
think fit to revoke that edict. This answer has occasioned great dissatisfaction and concern
to the inhabitants of this province, to find their property now become so very precarious
and uncertain, and that their Negroes which were their chief support may in little time
become their enemies, if not their masters, and that this government is unable to
withstand or prevent it. Therefore I have presumed to acquaint you with this affair which
will soon be represented and laid before HM and hope that this province on this occasion
may have the continuance of your powerful assistance. Signed. 2 small pp. Endorsed,
Recd. 2 July. [CO 5/388, ff 159B, 159B dorse] |
163
May 9
Palace Court |
Minutes of Common Council of Georgia. Rev George Whitefield
acquainted the board that he declined salary as minister of Savannah
and for management of the orphan-house. He returned the Trustees'
commission to him as not answering the purposes for which he had applied. Entry. ¾ p.
[CO 5/690, p 211] |
164
May 9 |
Hugh Mackay to Harman Verelst reporting arrival late last night and
enclosing papers received from the general. Signed. 1 small p. [CO
5/640, ff 313–314d] |
165
May 10
Jamaica |
Governor Edward Trelawny to Commissioners for Trade and Plantations. In substance same as no 141. Signed. 2 pp. Endorsed, Recd. 16
July, Read 18 July 1739. Enclosed:
165 i Reasons of Council of Jamaica for passing the bill relating to the Jews. Copy
of no 141ii. 2 pp. [CO 137/23, ff 48–51d] |
166
May 10
Bermuda |
Governor Alured Popple to Commissioners for Trade and Plantations
acknowledging letter of 1 November and expressing thanks. You shall
never have any reason to censure me for wilful neglects or acts of
oppression. If I should be guilty of error I shall hope for the same indulgence I have
always found from you. According to your directions I now send you a list of such
persons as I conceive the best qualified to serve HM as Councillors in Bermuda. I wish I
could at present transmit a list of twelve persons qualified for this station according to my
instructions but as I shall always be very cautious whom I recommend to you I beg leave
to know the people here a little better and their several alliances before I complete this list.
The Councillors appointed before my arrival are so nearly related that I am certain you
would not have agreed to their appointment. The three I recommend to you are not that I
have heard either related to themselves or to the other Councillors. I do not mention the
near alliance of those Councillors who were appointed before my arrival as an objection
to them but as a reason why I cannot at present complete the list of persons recommended
without their being liable to such objections as I remember you have formerly made. I
shall be very careful by every opportunity of writing to give you constant accounts of the
death or absence of any Councillor and in the last case to specify from whom and for how
long they have their licence. Having with me a copy of such queries as you usually sent to
all governors for their answers I am preparing answers thereto, and as any alteration
happens I will constantly send you an account thereof. By the next opportunity I am in
hopes I shall be able to send you the answers I propose. |
|
I now transmit to you four Acts passed here in March last. The first is entitled an Act
for the better regulating jurors to serve in the several courts to be held for these islands.
According to my instructions I am to give you my reasons for having assented to this Act.
By an Act passed here in 1690 and 1691 and confirmed 20 February 1708 entitled an Act
for establishing and regulating the courts of judicature, it is enacted that jurors shall be
chosen by plurality of voices or votes by the inhabitants of each respective tribe called
together for that purpose by the several justices by virtue of a warrant or precept from the
governor or the warrant or precept of such person or persons as he shall commissionate
and empower. And by another Act passed here in 1694 and confirmed 20 February 1708,
entitled an additional clause to the Act entitled an Act for establishing and regulating the
courts of judicature, relating to the summoning of jurors to serve at an exchequer or
special court the sheriff or provost-marshal is empowered to summon and impanel all and
every the jurors to serve at any court of exchequer or special court hereafter to be called,
out of the general panel of jurors elected to serve at the general assizes. And as by ancient
custom the sheriff here empanelled every petty jury out of the jurors elected to serve in
any other court of King's Bench, Common Pleas and Oyer and Terminer, it was here
thought too great a power to be vested in any sheriff or provost-marshal for the future
because although Mr Tucker's (the present sheriff) character might give the people no
cause to fear, yet another might succeed him not so well known. Upon this difficulty and
the general desire of making some alteration I recommended the method of balloting for
juries according to the Act of Parliament passed in the third year of his present Majesty's
reign entitled an Act for the better regulation of juries. This is the purport of the Bermuda
Act I now lay before you, which passed both Houses here with a general approbation.
They have indeed added a proviso: 'That if the plaintiff and defendant or in their absence
their agents or attorneys shall move the court that one or more of the persons returned to
serve as jurors may be of and upon the jury to try such cause without being drawn, that
then it shall and may be in the power of the court to allow and grant the same if they shall
think fit.' I could foresee no objection to this liberty as it must be agreed to both by
plaintiff and defendant and as it cannot take place without the approbation of the court.
As I have taken care to add a clause in this Act to suspend its taking effect until HM's
pleasure can be known upon it I hope you will not disapprove my having passed an Act so
generally desired as this is by the inhabitants of these islands who think their liberty and
property greatly protected by it. |
|
The next Act is to prevent the destroying and murdering bastard children in these
islands. The occasion of the passing this Act was a supposed murder of a bastard child the
latter end of last year for which two women (mother and daughter) were tried and
acquitted the last December assize. The daughter was delivered with the assistance of the
mother of a male bastard after many attempts to destroy the child before it was born.
Many days passed before it was known. At last some suspicious circumstances induced
our magistrates to make inquiry into the affair. It was at first denied both by mother and
daughter that any child was born but upon search it was found dead in a box under lock
and key. Upon this the women were carried to a magistrate and upon examination the
daughter owned her being delivered of a male bastard child. The mother said it was
stillborn and that to prevent her daughter's shame she had concealed it. So many
suspicious circumstances appeared that it was not doubted but that the child was born
alive and afterwards destroyed. The surgeons upon examination of the mother and child
declared their opinions upon the trial that the child was born alive but the child had been
too long dead for them to find out any marks of violence upon it. After a long trial and the
jury locked up for several hours the women were found guilty. An attorney on behalf of
the women pleaded in arrest of judgment, and upon arguing on both sides what he had to
offer the judges thought proper to order a new trial and the women were acquitted for
want of proof that the child was born alive. In order therefore to prevent the destruction
of bastard children the present Act does declare the Act of Parliament made in 21 James I
cap. 27, entitled an Act to prevent the destroying and murdering of bastard children, to be
in force here, by which law the concealing the death of any bastard child shall be deemed
murder in the mother unless she can prove it was stillborn. |
|
The two following Acts relate only to amending the highways and removing certain
nuisances of too small consequence to trouble you with. They are entitled as follows: an
Act for renewing and making some alterations to Act for regulating and repairing
highways; an Act to prevent nuisances and regulate several disorders. |
|
Daily experience convinces me of what fatal consequence it would be to the trade
between Great Britain and the plantations should these islands ever fall into other hands.
Ships bound for Europe pass continually within sight of Bermuda and are sometimes
drove upon our rocks by the currents (which are very strong here) in a night's time when
the day before they thought themselves in no danger. This has been the case of some this
winter who have luckily with assistance from hence got off again. The 24th of last month
a large French ship of about 300 tons and laden with sugar, indigo and cotton, bound to
Nantes in France from Leogane in Hispaniola, struck upon the rocks off the northwest
part of Bermuda about twelve at night. As soon as I heard of their misfortune by the firing
their guns I sent off the pilot with proper assistance. They got her off again the same day
and she is come into the harbour, having beat off her rudder and received such damage in
her bottom as to disable her from proceeding on her voyage without refitting. I have
allotted warehouses for her cargo under two keys, one in the possession of the Collector
of the Customs and the other the French captain has, and I will take the utmost care that
no illegal trade be carried on. There is a gentleman and three ladies on board passengers to
Nantes. The ship's name is l'Amazone and the captain Faugas. She has 35 men on board
and mounts 12 guns. My 86th instruction enforcing the treaty of neutrality directs me in
cases of this nature to treat these Frenchmen with humanity and kindness, to allow them
to provide themselves with victuals and other things necessary for their sustenance and
reparation of their ship at reasonable rates provided they do not break bulk nor carry
goods out of their ship exposing them to sale nor receive any merchandise on board under
penalty of confiscation of ship and goods. The former part of this instruction I will
punctually comply with but I cannot see how it is possible that they should pay the
charges of repairing their vessel and supporting themselves while they stay here without
selling some part of their cargo. By what I can yet learn the charge of repairing their ship,
with such expenses as they must necessarily be at during their stay here, will amount to
about 500l and they have not 100l on board. As my instruction directs me to allow them
to provide themselves with what is necessary I hope you will not judge me guilty of any
breach of my duty if to discharge their expenses here I allow them to dispose of part of
their cargo, and I assure you I will not permit the sale of anything more than is just
sufficient for that purpose. The captain of this French ship has applied to me for leave to
hire one of our sloops to carry an account to Nantes in France of his having had the
misfortune to strike upon our rocks and of his being now refitting in this harbour. The
reason he assigns for this large expense, 140 pistoles, is to prevent a much larger, for as he
sent an account to Nantes by a French ship which sailed from Leogane eight days before
him of his intention to sail the very day he set out, and as he believes his misfortune will
detain him about two months longer from Nantes than his expectation when he wrote as
aforesaid, he imagines the insurances that will be made upon his ship, being very rich, will
amount to very large sums; in order to prevent which he applied for a sloop to carry news
from him. As this sloop is entirely owned and manned by British subjects and has nothing
on board but some of our whaleoil and corn for the Madeiras where she is bound I know
of no law nor instruction to prevent my granting the French captain the favour he asked.
He was at first very desirous of purchasing a sloop but this I absolutely refused as
inconsistent with the laws of trade and navigation and my instructions because in this case
the sloop must have sailed from hence with a French captain and French sailors. I shall
think myself very happy if I meet your approbation in what I have done; if otherways I
hope my error in judgment may be excused when I assure you one great motive with me
was to give no occasion of complaints from the Court of France of our want of humanity
for Frenchmen in their unhappy circumstance. |
|
I cannot avoid mentioning to you the open trade carried on between Rhode Island and
Martinique without breach of my duty. By the informations I have received the officers of
the Customs at Rhode Island do not interfere when any ship from Martinique comes into
their ports to carry on a commerce with them, and by the paper I now enclose to you this
trade will plainly appear to be carried on. The paper I received from our pilot whom I sent
out on 8 April to a brigantine thought to be standing for this harbour. The captain of the
brigantine was very thankful that the pilot came off, being then got within danger, and
wrote the letter to me which I now enclose to you. |
|
I enclose the extract of an Act of Assembly of the Bahama Islands for levying divers
sums of money for the payment of the officers' salaries, defraying the expense of holding
Assemblies and other contingent charges of the government. Could I have obtained a
copy of it, it should have been sent by this conveyance. In behalf of the Bermuda Islands I
must beg you to take this Act into consideration. I suppose it may be in your office
transmitted by Mr Fitzwilliam but lest it should not I will endeavour to send an attested
copy by the first conveyance. I believe you will find this Act not only highly
unreasonable of itself but of a nature to be enacted by the legislature of Great Britain
alone. Confiscation of ship and goods besides 100l penalty from the master for only
taking up wrecked goods (which are free to all HM's subjects paying the Admiralty
rights), cutting plank, raking of salt, or even fishing for tortoise, etc, are penalties of a very
high nature. Not long before I came here one Steed of this place went to the Bahamas for
plank but failing in some little formality, notwithstanding he made bargain with one of
the inhabitants there for the plank he had on board his sloop, lost sloop and cargo under
pretence of this Act and the poor man is now ruined and obliged to go to sea a common
sailor to support himself and his family. Ever since the cedars here have grown more
scarce from the quantities used for many years past in building of sloops, the Bermudians
have built their frames with cedar and bought their plank at the Bahamas. You will know
that none of them are thoroughly inhabited but Providence, and when the Bermudians
went for plank to any other of those islands they were obliged to no particular form, they
being uninhabited. When this Act passed they were obliged to get a licence from the
governor, and would not complain of it was such licence to be obtained at a reasonable
rate or even at a rate certain. But if the rate is more or less, and dependent upon a
governor's pleasure, it renders the intercourse between us and them entirely precarious.
Besides this I must further observe to you that the groundwork of our trade to America is
almost entirely dependent upon our raking salt at the Turks Islands. These are not
mentioned in the governor of Bahamas' commission although I am very certain you
always deemed them part of the Bahama Islands which comprehend all that range of
islands which lie north of Cuba and Hispaniola. I very well remember that Mr
Fitzwilliam during the time his commission and instructions were under consideration at
your board did propose that the Turks Islands should be particularly named in his
commission, but at that time I knew no reason for his request nor do I remember why
you did not grant it. The Bermudians constantly go to the Turks Islands and there rake a
load of salt; with this salt they purchase a cargo of provisions from some of the northern
colonies, and these provisions they exchange at some of the sugar colonies for European
commodities, rum, sugar or what they want, and very frequently sell their sloops also and
return home to build another for the same circle of trade. By the Bahamas Act in question
you see that any vessel having salt on board to the value of 5l, being found within the
limits of the Bahamas, whereof the duty has not been paid (I know of none payable) or
the master and vessel licenced by the governor, is liable to confiscation with her cargo, the
master to a penalty of 100l. And by the subsequent clause empowering any person
authorized by the governor, or even such as have obtained the usual licence from him to
take salt, etc as mentioned in the Act, to seize and bring into the harbour of Providence
any ship or vessel having such salt, plank, timber, wood, etc, war is declared between the
Bahama Islands and Bermuda. For as the Bermudians are a good deal exposed to the
Spaniards when they are raking salt at the Turks Islands they go very well manned and
armed and often are at the charge, when several go in company, to equip, arm and man
one of their sloops of about 100 tons for the protection of the others. Should therefore
any Bahama sloop under pretence of the aforementioned licence from the governor
pretend to search and seize any Bermudian he would meet with a warm reception. As this
would occasion matter of complaint at home should it ever happen, and as I do not know
any power I have to prevent the Bermudians from putting their sloops in proper
condition to defend themselves against Spanish guardacostas (the constant dread of every
trading sloop in these parts) I beg you will consider the Bahama Act and what I have
written to you upon the subject thereof and favour me with your directions upon this
subject. The extract I now send to you was taken out of the Secretary's office at
Providence by Mr Higgs, master of one of our sloops, and is attested by him to be a true
one. Signed. |
PS. 23 May 1739. I am just now informed by a sloop, Capt Morgan, from New York
that two of our sloops were last month taken by the Spaniards, one of them, George
Burch, coming out of the Bay, and the other (Daniel Durham) was taken as he was
turtling off of Puerto Rico. I thought it my duty to give you this information, as likewise
that Capt Tutney who arrived at New York a few days before Capt Morgan sailed
informed him that he was likewise attacked by a Spanish vessel coming out of the Bay and
one of his men was killed but the Spaniard's boom breaking gave him an opportunity to
escape. The 20th inst the French ship mentioned in the above letter sailed from hence to
Nantes, having repaired in this harbour the damage she received upon our rocks. These
reparations, the hire of the sloop sent with letters to Nantes, and the expenses of
revictualling the ship amounted to above 500l this currency, to repay which they had but
100 pistoles. I therefore allowed him to sell about 400l worth of sugar and they have sold
no more. The captain was very uneasy at being obliged to sell because his necessity
obliged him to take a lower price than his sugars were worth and he could not get money
for his drafts upon Nantes, the merchants here being fearful of trusting a stranger. I
would have sent to you the minutes of Council and Assembly since those last transmitted
but the little time Capt Dickinson stays here will not allow sufficient time to transcribe
them. I will send them by the very first opportunity. Signed. 11½ pp. Endorsed, Recd. 28
June, Read 4 July 1739. Enclosed:
166 i At sea in lat. 32° 20' N, 8 April 1739. Capt Benjamin Wanton to Governor
Popple. The brig Little George, Benjamin Wanton, for Martinique, left Rhode Island
3(?) April 1739. Signed. ½ small p. Addressed (part missing).
166 ii Extract of Act of Bahama Islands for levying money for payment of
officers, etc, imposing penalties on persons raking salt, sawing plank, cutting wood
and catching tortoises without licence. Copy, sworn to on 22 May 1739 by William
Higgs of St George's. Certified by Governor Popple. 1 large p.
166 iii List of present Councillors of Bermuda. 1 small p.
166 iv List of persons recommended to supply vacancies in Council of Bermuda:
Henry Corbusier, Thomas Gilbert, George Forbes, Paul Trimmingham, Cornelius
Hinson jnr, Henry Tucker. 1 small p.
166 v Proceedings in trial of Mary Pitcher and Flora Smith at St George's in
December 1738 and February 1739 for murder of newly-born child. Copy, certified
by John Eston, Clerk of Assize. 28 pp. [CO 37/13, ff 83–108d] |
167
May 10
Bermuda |
Governor Alured Popple to Duke of Newcastle enclosing four Acts
passed in March last. I likewise transmit copies of minutes of Council
from 3 October last to 1 May following and of minutes of Assembly
from 6 September last to 8 March following, and a list of six persons qualified to supply
vacancies in the Council here as occasions may offer. I have transmitted this list, in
obedience to my instructions, to you and the Lords of Trade; otherwise I would have
chosen to have deferred this list until I had been better acquainted with persons here. If,
therefore, I should find it for HM's service to recommend any others preferable from my
longer experience of them to the gentlemen of whom I now enclose a list, I shall hope for
your indulgence more especially as I assure you that I have not nor will I ever entertain
any views while I am honoured with HM's commission here in the least inconsistent with
my duty to HM or that might give you any reason to repent the favours I have
experienced from your goodness to me. In substance same as fifth and sixth paragraphs
and postscript of no 166. Signed. 5 pp. Endorsed, R, 28 June. Enclosed:
167 i List of six persons recommended to supply vacancies in Council of
Bermuda. Copy of no 166iii. ½ small p.
167 ii Capt Benjamin Wanton to Governor Popple. Copy of no 166i. ½ small p.
[CO 37/29, ff 92–98d] |
168
May 11 |
Francis Fane to Commissioners for Trade and Plantations stating no
objection to Act passed in Virginia in 1738 to enable Ralph Wormley to
sell entailed lands. Signed. ½ p. Endorsed, Recd., Read 11 May 1739. [CO 5/1324, ff 162,
162d, 165, 165d] |
169
May 15 |
Lieut-Governor William Gooch to Commissioners for Trade and
Plantations. When I sent you the Acts of last Assembly I forgot to
answer the inquiry you made after Mr Mekercher and Huber, not that I had anything of
much importance to write, but occasioned I conceive by the hopes I had that the
gentlemen themselves according to their engagements with me would attend you and
anticipate all I have to say. For when Mr Mekercher went from hence about twelve
months ago he promised to wait on you on his arrival in London with a full narration of
the design of their voyage to these parts, and Mr Huber some time before his departure
for Maryland, where he took shipping, gave me the like assurance; for which reason, as
well as from a letter I lately had from him wherein he tells me that he has got the better of
all opposition and intends shortly to return to this country, I presume he has long ere this
given you full satisfaction as to his project, which in short is this. They propose to
purchase here, where the bargain is already struck, and in Maryland if they can agree,
with ready money annually 15000 hogsheads of tobacco for the French farmers and to
give the planters a better price for it in the country than they get from their merchants in
London after running the risk of the seas. They are to transport it in British-built ships
and sailors and intend to land it in some port in the Channel to be shipped for France.
And as there is nothing in it that I can perceive contrary to the Acts of Trade, if these
colonies are encouraged in such commerce it will be disagreeable only to the gentlemen in
London who will thereby lose the commissions upon the sales of so much tobacco; and if
Virginia gets anything by the bargain the money will go to England to buy the necessaries
they want or be laid out in the stores here with traders who have all their goods from
thence. I hope you will excuse my not sending the journals of the House of Burgesses
along with the laws, there being no paper at that time in the country fit for it; but the
ships are now arrived and that want will soon be supplied. Signed. 2 pp. Endorsed, Recd.
30 June, Read 5 July 1739. [CO 5/1324, ff 166, 166d, 169, 169d] |
170
May 15
Ebenezer |
Extract of letter from Rev John Martin Bolzius and Rev Israel Gronau
to Henry Newman. Present condition of the Salzburghers here is the
same as that given in last letter of 12 March. Everything planted this
spring grows well. A good harvest would help another transport of Salzburghers hoped
for next fall. Copy. 1 small p. [CO 5/640, f 315] |
171
May 16
St James's |
Commission to Henry McCulloh to supervise, inspect and control
revenues and grants of lands in North and South Carolina. Entry. 6 pp.
Entered in the office of the auditor and surveyor-general of HM's
revenues; at Whitehall 24 May 1739; Peter Leheup. Examined and compared with the
original by S Gellibrand, 31 May 1739. [CO 324/49, pp 128–134] |
172
May 16
St James's |
Orders, rules and instructions to be observed by Henry McCulloh in
discharge of his commission. Entry. 14 pp. Entered as no 171. [CO
324/49, pp 135–148] |
173
May 16
Palace Court |
Minutes of Trustees for Georgia. Received bottle of salitrum seeds, the
benefaction of Henry L'Apostre, being remedy for the bloody flux.
Commission to Rev George Whitefield to perform religious offices
ordered to be sealed. Entry. 1 p. [CO 5/687, p 118; entry of commission in CO 5/670, pp
392–393] |
174
May 19
Savannah |
William Stephens to Trustees for Georgia. When I wrote to Mr Verelst
21st ult after enclosing copy of my former together with a continuation
of my journal as usual, I prayed him to obtain your pardon if I deferred
giving you further immediate trouble of that kind, intending in my next to see if I could
find anything which I might persuade myself was worth laying before you without
appearing a commentator on my own journal. In this interval of time I have had the
pleasure to be informed by Mr Verelst in his letter of 22 December, which I received on
1st inst (so long was that letter in its passage), that what endeavours I had hitherto used to
be of service in the station appointed me were kindly accepted and well approved, which I
should be wholly unworthy of were I to slacken the like endeavours for the future. Nay, I
have not such an opinion of my own performances as to think what is past a sufficient
testimony how great a desire I have to be of more significance in laying open everything
to your view that I can attain to the knowledge of which I apprehend is requisite for you
to be informed in. But therein, as I have reason to believe I am looked on by some under
the character of an informer (a title odious in many cases but such as I assure you I am no
ways afraid of when it is part of my duty), you will easily imagine that a pretty deal of
care is taken to hang out false lights on some occasions in order to mislead my unwariness
and thus meaning to expose my ignorance; but under proper caution in these times of
darkness when truth is so obscured and hard to come at I do what I can to trace it and
shall never hesitate to represent it as I find it, though it cannot be always agreeable as
appears too plainly in my journal. |
|
After a long scene of jarring between Messrs Jones and Causton wherein abundance of
reproaches and scurrilous ribaldry have been plentifully bestowed on each other, to the
sport indeed of too many who thought themselves under no obligation to either, there
seems at present a calm intermission and a quiet application to the matter in hand; from
whence it ought to be hoped that some éclaircissement will at length be found and a
period put to it in time, though I am not capable of judging when. But as I make no doubt
Mr Jones writes you fully of all he thinks proper, so I can make none that this among
others he is more particular in. It were to be wished also that something more satisfactory
than (I fear) he is yet enabled to lay before you could be attained with relation to Mr
Bradley's affair whereon I touched a little in the close of my last journal ending 18th ult.
But the foot Mr Bradley leaves that account on now seems to require such a decision as
Mr Jones (though a good accountant I must presume and I mean it as no reflection on
him) probably is not capable of; but the Gordian knot which he cannot untie he may leave
for such to cut who dare to be plain. Mr Bradley gives out that the injury sustained is on
his part, by the Trustees not having fulfilled their agreement with him, which if they had
he would have done— wonders! He appears much elated of late, and though he makes a
faint outward show of an intention to settle on his own 500 acres, yet few believe it but
rather, as he has sent some of his family by little and little to Carolina, that he means to
follow them thither himself. |
|
So many within few months past have left the colony in exchange for Carolina that
this town is become apparently thinner in people than it was. Nevertheless I cannot
depart from what I have before asserted, that the greatest part far of those that are gone
are not to be wished for again, very few of such as are really valuable being among them;
and they who remain appear generally fixed and determined to try their fortune yet
further at all events, though too many are hard put to it to live which I know to be true.
Under such time of trial they have surely an undoubted right to be dealt tenderly with,
and when they have no pretence of claim from the stores soft words and a kind
deportment towards them would be encouraging in expectation of better things to come
hereafter. This, however trivial it may be thought, I have taken particular care myself to
observe and found a good effect from it, divers that have accosted me with sorrowful faces
growing by such means in better temper; and I wish the same experiment were thought
more worth making by others, for a morose, surly carriage from any person in authority
to a man in need certainly puts it in the poor man's power to look on him as an instrument
of cruelty from whence an odium naturally follows. Far be it from me, and I hope I shall
not from hence be thought, to palliate much less appear an advocate for any of those most
unjustifiable steps taken by hot-brained angry men which I have always taken care to
represent in a true light as they happened: it will be found in the daily observations I
made. Mr Williams, who stands most noted for such excess of heat, is now going (he says)
for England where he gives it out he will appear before you and speak for himself. In the
meantime a handsome plantation of about 38 acres, which he has well cultivated and
brought to good perfection, he leaves entirely neglected to run to ruin which is great pity
and shame. |
|
When I reflect on the present discord between the magistrates and storekeeper (which
is also taken notice of in my journal) and seek to learn whence it arises I find little
difficulty with myself to determine that it proceeds from a false estimate they make of
their several powers, each looking on the other as subordinate whereas in truth there is no
relation between them that I can discover. The magistrates have often complained of Mr
Jones's sending for them in a peremptory manner to come to him on very light or hardly
any occasions, that frequently in such cases they have been allowed only to put in force
what he requires in a summary way without proceeding regularly as the law directs,
which they say they are now weary of. Mr Jones's badge of authority is the key of the
stores which they found lately exemplified but any other power than what thence arises
they deny unless he shows it; and if he has such he ought (they say) most certainly to
produce it and have it registered and published. Otherwise they think themselves not
obliged to pay an implicit obedience to his will. During such wrangling my labour is
always for peace but so much rancour is now grown among them that I begin to fear the
breach is too wide for me to soder [sic: solder?] easily; for it began, from what I learn,
early, Mr Jones looking on Parker with a jealous eye as one who wished too well to Mr
Causton and therefore he conceived him instrumental in giving what joint assistance he
could to obstruct the discoveries expected to be made in that inquiry. Parker owns his
having always had a good opinion of Mr Causton and a long familiarity, but as to his
accounts in the stores he professes he never was conversant with what was doing nor was
he capable if he would of giving him any help in those matters which were far above his
reach. He has often taken occasion to declare that as soon as any fraud that Mr Causton
has been guilty of is laid open he will be as forward to renounce all further acquaintance
with him as any, but till then he apprehends it no crime to converse with him as a
neighbour. Parker moreover makes grievous complaint that Mr Jones is become such an
inveterate enemy to him as to do all he can to blast his character with the Trustees as a sot
and an idle fellow, and particularly in one letter that Mr Jones wrote to you (which he
sent to a certain person who told Parker of it again) he exhibits it against him as a
notorious offence that one evening at Jenkins's (where he happened to be though he is
scarcely there perhaps twice in a year) he was drunk and behaved unbecoming the
character of a magistrate by a foolish frolic too mean and ridiculous to relate which very
probably proceeded from taking a cup too freely and unguarded, but nothing was done
that created any mischief and only mirth as the story was told to me. Such freaks,
however, are certainly not to be allowed among strict moralists; but the greatest of men in
authority may sometimes slip and a poor bailiff of Savannah cannot be supposed at all
times to appear with the same gravity and forms as when on the bench. So far Mr Parker's
friends urge in his behalf; and as to his being an idle fellow I should do him wrong not to
aver what I know, that he has been a zealous planter cultivating land every year since I
knew this place and will appear (if I mistake not) among those who have improved the
greatest number of acres this season when I shall hereafter have the honour, I hope, to lay
that before you. |
|
I must confess I find myself under many doubts in giving my pen such liberty, not
knowing how far it may give offence, but as it proceeds from a conscientious regard to
truth without least prejudice and your commands were expressly to write my thoughts
openly and freely I hope I shall not thereby split on that rock which I might easily avoid. I
look on Mr Jones as a person endowed with unquestionable abilities to go through the
work he has the direction of and I am fully persuaded he has it in his view to do all things
with the greatest frugality. Happy would it be if he could command his temper a little
more and suffer his resentments to die away sooner, which he sometimes conceives (I
fear) rather from jealousies and suspicions than reason well informed. Mr Parker has in
his station, as far as I could well observe, acquitted himself like a good magistrate, is an
honest man having strict justice in his aim at all times, and his good understanding will
not easily misguide him; but the present difference between Mr Jones and him arises from
the causes beforementioned wherein each might assume less dignity as I apprehend
without any diminution of their real power which I am sure would conduce more to the
public benefit. |
|
To pass on from these things to somewhat more agreeable I have the satisfaction to see
the late seasonable rains which we have had give a promising prospect that those who
have taken the care and pains in planting are likely to meet with a better return for their
labour than any of the former years within my observation, but it were to be wished that I
could at the same time acquaint you with an increase of the number of acres planted
which I fear will fall short of what the last year produced, thought I would not anticipate
what I may have to say on that occasion when I shall go through each individual. Your
silk manufacture increases a little and as they are now winding off the balls I think we are
not mistaken in computing more than double the quantity of what we saw the last season.
I cannot but be of opinion that it has been a loss in suffering the seed to hatch too soon.
Our spring comes on here very early and that produces the worms faster than the
mulberries will afford leaves to feed them, especially if a frost happens in March (which
has been our misfortune for two years past) and that cuts off all early and tender leaves,
the consequence of which must be that infinite numbers of them perish so that probably
there are not more than a fourth part of the worms preserved from which we are to expect
any good and they are such as come abroad latest. The family who have the management
of this appear very diligent and give sufficient marks of their skill but, upon my observing
to them what I have here done, they seem to think as I do and intend another season to
preserve the seed in a cellar or some cool place till they can be judged out of danger. Your
oranges and vines in the garden likewise felt severely the effects of that cruel frost about
the middle of March (as noted then). Such vines as were very young and began to put
forth tendrils especially suffered and divers were cut off. Such as had taken good root and
were of age to bear it escaped a little better and many of them show us very promising
clusters, by which we hope to see different kinds and be able to judge which to give the
preference to. Signed. 5 small pp. Endorsed, Recd. 22 August 1739. [CO 5/640, ff
317–320] |
175
May 21
Whitehall |
Duke of Newcastle to Lieut-Governor William Gooch. Lord Albe-
marle having received an account that, upon the death of Mr Nichols,
late adjutant in Virginia, which happened in September last, you had
immediately appointed Mr Randolph [MS: Randal] to succeed him without having at that
time or since acquainted his lordship with it or as much as mentioned the vacancy having
happened, I have been desired by his lordship to trouble you with this letter upon that
subject. As it appears by the letter which you wrote to Lord Albemarle in July last that
the disposal of the post of adjutant belongs to the governor he could not but be a little
surprised to find that you had given it away without consulting him or informing him of
it. His lordship is, however, ready out of regard to you and from the good character he
has heard of Mr Randolph to confirm the appointment which you have made in favour of
that gentleman. And Lord Albemarle having applied to the King for HM's pleasure and
commands relating to the future disposal of offices within his government, HM has
ordered me to acquaint you with his pleasure that, whenever any offices whatsoever shall
hereafter become vacant in Lord Albemarle's government which are of right in the gift of
the governor, you should give immediate notice of such vacancies to his lordship and not
proceed to fill them up till you shall receive his directions for that purpose, except the
offices are of such a nature that it may be necessary for the public service that they should
be immediately filled: in which case it is HM's pleasure that you should appoint proper
persons to execute the said offices provisionally and subject to the future approbation and
confirmation of the governor. Draft. 3 pp. [CO 5/1337, ff 204–205d] |
176
May 22 |
Francis Fane to Commissioners for Trade and Plantations stating no
objection in point of law to four Acts passed in Montserrat in 1738.
Signed. 1 p. Endorsed, Recd. 24 May, Read 4 July 1739. [CO 152/23, ff 226, 226d, 231,
231d] |
177
May 23
Palace Court |
Minutes of Trustees for Georgia. Rev George Whitefield returned the
commission granted to him on 27 December 1738, never having made
use of it. Entry. 1 P. [CO 5/687, p 119] |
178
May 24
New York |
Lieut-Governor George Clarke to Duke of Newcastle enclosing copy
of letter to Lords of Trade. I formerly wrote to their lordships about
Tierondequat and the fort built by the French at Crown Point, an
extract of which letter they acquaint me they have laid before you but could not find
those places in their maps. I now point them out in a small map which I sent to them. I
likewise send you a copy of the papers mentioned in my letter to the Board of Trade
relating to the boundaries of this province and Massachusetts. I hope you will give your
protection therein that they may be kept within their proper bounds and within the rules
of justice to the Indians. The commission formerly granted by His late Majesty for trying
of pirates is nowhere to be found upon all the inquiry I have made both of Governor
Cosby's private secretary and the officers of Admiralty. I have hitherto had no occasion
to make use of it and hope I shall not, but lest it so happen that I may have occasion to
hold such a court I presume to give you this information though if the commission were
to be found I am not sure that I could hold a court, it being a commission from King
George I. Signed. 2 small pp. Enclosed:
178 i Boston, 29 November 1738. Vote of Council of Massachusetts, concurred
in by House of Representatives, desiring the governor to propose to the governor of
New York the appointment of boundary commissioners. Copy. ½ small p.
178 ii Boston, 26 March 1739. Governor Jonathan Belcher to Lieut-Governor
Clarke enclosing and recommending no 178i. This matter has been long desired to be
brought to an issue on the part of Massachusetts and they are still more desirous of it
as they think it will be for HM's service in the ease and quiet of his subjects on both
sides on account of the settlements this province is making near the line. Copy. 1 small
p.
178 iii New York, 24 May 1739. Lieut-Governor Clarke to Commissioners for
Trade and Plantations. Copy of no 179. 4 pp.
178 iv New York, 9 April 1739. Same to Governor Belcher. The matter will be
recommended to the Assembly in the fall. Copy. 1 small p. [CO 5/1094, ff 95–103d] |
179
May 24
New York |
Lieut-Governor George Clarke to Commissioners for Trade and
Plantations, enclosing small map of the country taken I suppose from
M E De Lisle's. Though it be not correct it will serve to show you
where the fort built by the French at Crown Point at the entrance to the Lake St
Sacrament and where Tierondequat on Cadaracqui or Ontario Lake are situated, from
whence you may find those places on your own maps. Tierondequat in the enclosed map
was placed nearer to Niagara than to Oswego whereas it is at most but fifty miles from the
latter, and the brook that goes by that name I have now laid down in red ink at that
distance from Oswego. The fort at Crown Point is also drawn in red ink. The French
pretend to claim all the lands so far as the springheads of any rivers or waters that empty
themselves into any of the lakes that disembogue into the river of St Lawrence. If these
pretensions had any foundation the greatest part of the Six Nations would be theirs, they
would come close to Virginia and other colonies, and confine the English dominions to
the limits of our present settlements; but I presume to think those pretensions vain and
that if water is to be the boundary between them and us, that the lakes and the rivers into
which those lakes disembogue themselves are the most natural and proper boundary and
much or more in favour of the French than in reason and equity they can expect, for the
Sinnekas claim a large country on the opposite shore of the Lake Cadracqui which they
conquered long ago from the nations of Indians then inhabiting it. |
I lately received a letter from Mr Belcher, the governor of Massachusetts, with a
resolve of their Assembly concerning the ascertaining the boundaries between the two
provinces with answer thereto, all which I enclose; and I expected Mr Belcher would wait
till I had laid it before the Assembly and they had provided for the expense on our part,
and hoped to have heard from him in answer to my letter but I have as yet received none.
On the contrary, without staying for the sitting of our Assembly several people of their
colony have gone within sixteen miles of Hudson's River near Albany with a surveyor to
lay out some lands (for one or more townships) as I am informed, some of which were
granted by the governor of this province in 1688 and some of them purchased of the
Indians by licence from Governor Montgomery and now too granted. The owners of
those lands, hearing what the New England people were doing, went on the spot and
forbad them. The Indians who had sold the lands to our people drove the surveyor and
those who were with him away, being exasperated at the New England men who without
any purchase pretended to survey those lands. If the New England people have formerly
taken such steps I am not surprised that they have drawn upon themselves bloody and
expensive Indian wars. Our method is very different from that. We never grant lands until
they have been bought of the Indians and until deeds are executed by them and those
deeds laid before the Governor and Council. I wish with all my heart that our boundaries
were settled but in order to do that I conceive I must not only be assisted with money by
the Assembly but I must have an instruction from HM for that purpose; and until the
boundaries are settled I presume to hope you will think it proper to obtain HM's order
forbidding any future surveys or settlements to be made by the New England people on
their frontiers towards this province, for if they go on to settle it will be more difficult on
a treaty to throw them back to their proper bounds and the more they encroach the more
quitrents will the King lose in this province. And in truth I doubt whether the New
England people really desire to have their limits ascertained since they serve themselves in
this manner without it. For this is not the first time they have made the same request to
the governors of this province and then without waiting have laid out lands and settled
them, I mean even some lands which had many years before been granted here. Besides,
they well know, too, that the Assemblies of this province are averse to the giving of
money for such purposes as the lands are the King's and not theirs, and therefore think
they may safely go on without fearing to be disturbed by our and their fixing the
boundaries. However, they ought to beware of provoking the Indians by taking their
lands either by fraud or force lest they beget a new war with them which in its
consequences may affect us. I send you the minutes of Council with the only two Acts of
Assembly passed in April last: one to prevent swine running at large, an useful Act for the
counties to which it is confined, the other for laying some small duties on wine, etc which
will put some money in the treasury against the Assembly think fit to pay our long
arrears. Signed. 4 small pp. Endorsed, Recd. 6 July, Read 18 July 1739. Enclosed:
179 i Boston, 26 March 1739. Governor Jonathan Belcher to Lieut-Governor
Clarke. Copy, of no 178ii. ½ small p. Endorsed, as covering letter.
179 ii New York, 9 April 1739. Reply to preceding. Copy, of no 178iv. ½ small p.
179 iii Map of country of Six Nations and lands south of Great Lakes. With
observations thereon. 2 pp. [CO 5/1059, ff 97–103d, 108, 108d] |
180
May 25 |
Thomas Lowndes to Thomas Hill. The Commissioners for Trade and
Plantations have been very uncandidly dealt with relating to the paper
currency of America, for it is and has been the interest of the governors to keep their
lordships in the dark. From this mysterious part of commerce the governors' most
beneficial jobs arise to the great prejudice of the British trade. If I knew that their
lordships would look upon it as a service useful to the public and agreeable to them I
could propose a method how to remedy this great evil to the satisfaction of every
reasonable planter and merchant. This is of more consequence to their lordships' office
than appears upon the first view and HM's service suffers by the present practice. Signed.
1 small p. Addressed. Endorsed, Recd. 25 May, Read 30 May 1739. [CO 323/10, ff
140–141d] |
181
May 26
Custom-house
London |
Charles Carkesse to Thomas Hill. Several of the Naval Officers in the
plantations having been very negligent in transmitting to the Commissioners the lists of all ships entering and clearing in their respective
districts as directed by 22 and 23 Charles II and the instructions to the
governors, they have ordered letters to be written to the governors desiring they will give
directions to the several Naval Officers in their governments to transmit the said lists to
this board for the future, as also letters to the Naval Officers to send the said lists (with
those in arrear) immediately after the end of every quarter according to the enclosed
form; and they desire you will lay the same before their lordships and let me know
whether they have any and what objections to the accounts being sent in the manner
thereby prescribed. Signed. 1 p. Endorsed, Recd. 28 May, Read 30 May 1739. Enclosed:
181 i Specimen form for use of Naval Officers. Printed. 2 pp. [CO 323/10, ff
142–146d] |
182
May 26
Perth Amboy |
Governor Lewis Morris to Duke of Newcastle. With this I send
transcripts of laws passed in New Jersey this last sessions of Assembly
as directed by HM's instructions, with my speech to them on their
meeting and the Council's and Assembly's address to me, which last I should have been
glad to say the Assembly had made good. I send also a joint address from the Council and
Assembly to HM which I entreat you to lay before him. The journals of the Council and
Assembly are transcribing but I fear will not be done timely enough to go by this
conveyance but shall be sent as soon as I can. The Council have behaved with a
moderation, resolution and prudence suitable to their stations. By the laws in force there
is yearly paid into the treasury money sufficient to support the government in a much
better manner than is now done for about eight or ten years to come. This money is to be
disposed of for that use in such manner as the Governor, Council and Assembly shall
direct; but the Assembly would by no means permit the Council to direct at all or make
any alterations to what they had proposed on the pretence that it was a money bill to
which no alterations ought to be made, though by the express words of the Acts that raise
the money and which have had HM's royal assent the Council are as much empowered as
the Assembly to direct in the disposition of it. This, as I conceived, unwarrantable
conduct in the Assembly I judged to be of too dangerous a tendency and therefore
thought it proper to dissolve them. I have written this matter very fully to the Board of
Trade and will not trouble you with a further repetition of it. I send with this my speech
to them on their dissolution and hope that HM will be graciously pleased to approve of
my conduct on this occasion. |
Among the Acts herewith sent there is one to erect the northern parts of Hunterdon
County in the western division into a new county by the name of Morris County. Their
having of representatives is suspended till HM's pleasure is know on that head. If HM
should think fit to grant them that favour it will be adding two representatives to the
western division more than the eastern has; but if HM will give me leave to add two to the
eastern division in such place or places as I shall judge most proper to make them equal (as
by his instructions it seems to be intended they should be) such is the situation of this new
county that I am in hopes that by the addition of those four members to put the support
of the government upon a better and more certain footing than it is at present and to get
money raised for the building a house and conveniences for a governor's residence, sitting
of Assembly, etc, all which are very much wanting. I entreat your favourable representation of my conduct to HM to whom I wish many days and much happiness: his
approbation when known here may be one means of preventing and discouraging this and
other Assemblies from making attempts of this kind for the future. Signed. 3 pp.
Enclosed:
182 i Address of Council of New Jersey to Governor Morris. Printed by John
Peter Zenger, 4 January 1739. 4 pp.
182 ii 15 March 1739. Speech of Governor Morris to House of Representatives
of New Jersey dissolving it. Printed by William Bradford in New York, 1739. 4 pp.
182 iii Address of Representatives of New Jersey to Governor Morris. Printed. 3
pp.
182 iv Speech of Governor Morris to Assembly of New Jersey. Printed by J P
Zenger, 1738. 4 pp. [CO 5/983, ff 175–184d] |
183
May 26
Perth Amboy |
Governor Lewis Morris to Commissioners for Trade and Plantations
acknowledging letter of 2 November. I hope my conduct has and will
receive your approbation or if I make any mistakes (which shall not be
wilful) your favourable censure. I shall obey your commands in making the best answer I
can to your queries when I have time to consider them and shall at present speak only to
the first query. Sandy Hook lies in the latitude 40° and 20' or 22' north, Perth Amboy in
the latitude of 40° and 30' about 20 miles west-northerly from Sandy Hook and the
longitude of 5 hours west of London. These latitudes and longitudes are by computation
from several observations made at New York in 1721–1722 of the meridional altitude of
the sun for the latitude and of the immersions and emersions of Jupiter's first satellite for
the longitude. By these observations the latitude of New York was computed to be
40° 41' and the longitude 4 hours 59 minutes west from London. |
|
As to Councillors dead or absent there is no Councillor that I know of absent from
New Jersey but James Alexander who lives in New York and is now building a large
house there. This will require his attendance this summer. I tacitly consent to it but have
given no particular leave either verbal or under hand for any particular time. Robert Lettis
Hooper, one of the Council and chief justice of the province, died this winter and by the
unanimous recommendation of the Council (as will appear by their journals) I appointed
my son Robert Hunter Morris, one of the Council, chief justice in his stead. The salary is
not 90l sterling per annum and, exchange daily rising, it will be less and the perquisites a
trifle. The Assembly who were then sitting would also have recommended him and I am
told expected to be asked, but that I did not think proper to do they being too willing to
make use of any handle or claim it as a right of doing so. John Hamilton esq. eldest
Councillor, had the second judge's place, about 24l per annum which he resigned, the
salary being so small as would scarce maintain a footman; and I appointed the late Speaker
of the Assembly in his stead who had been as serviceable as he could, but I believe he will
resign too for the same reason. Col Coxe, the third judge of the Supreme Court, died
about three weeks since: there is no salary annexed to the office and I have not as yet
appointed anybody in his stead. The Quakers seem desirous of having one of their own
persuasion, perhaps that may be a means of fixing a salary for that office, but a third judge
not being absolutely necessary I suspend the making of him for some time to see how
they will behave in an Assembly now choosing. |
|
Pursuant to instructions I send enclosed with this one copy of the laws passed last
sessions of Assembly. The journals of Council and Assembly are transcribing and daily
expected for you, which if not timely enough done to go by this conveyance shall be sent
by the next that offers. The Assembly have with much ado been prevailed with to support
the government for three years and would have me and everybody else believe that they
have in this case done wonders, and indeed considering the too general inclinations of the
people in these parts of America to render all the officers of the government so entirely
dependent on them as to make them become subservient to their purposes (which are not
always the most beneficial for themselves) what they say is not unlikely to gain credit
among too many of their electors. But I persuade myself that you will be of opinion with
me that this wonderful support is wonderfully small and not agreeable to their addresses
to HM or sufficient to answer the end that should be intended by it. The governor's 1000l
per annum in what they call proclamation money (which is their paper bills) is about 550l
sterling which may perhaps with frugal management discharge the necessary expenses of a
family but will not much exceed. The provision for the other officers are much more
disproportionate and so small that they can hardly subsist upon. They would persuade me
to believe that the smallness of the provision made for me is a mark of their affection and
esteem and that a larger sum and such as would be thought suitable to the station might
tempt someone of more interest to obtain the government. You see that they want not
their crafts; but one of them (a weaver by trade) speaking amongst his partisans of the
officers of the government seems to me to have given the true reason not only of the
conduct of the Assembly but of most others to eastward of us, viz Let us keep the dogs
poor and we'll make them do what we please. The method of supporting the government
in Pennsylvania is (as I have been informed) by the Assembly making presents to the
governor, sometimes more and sometimes less as the humour takes them or the influence
of his friends prevail or as he has been more or less pliant to their purposes. This is a
method the people of Jersey would come into, and are not very inclinable to the coming
into a support for above a twelvemonth and that such as they think proper, which would
be doing the same thing and be in the nature of a present under the name of a support and
I think make the office more dependent on the populace and their support more
precarious than is consistent with their stations. |
|
All I could get though I laboured the point (as you will see by the journals when sent)
was a three years support much short in quantity of what was reasonably expected and of
what they were able and (I will add) obliged to do. The Council, who (as I take it) have as
much to do in this affair as themselves, would have made suitable alterations to their bill
but knowing their pretences that the Council had no right to amend a money bill, though
the Council judged this pretence groundless on any account and that this was not in its
nature a money bill, yet in order to keep up a good correspondence between the Houses
and to prevent as much as possible a rupture between the two branches of the legislature
the Council sent to desire a conference with them on the subject-matter of the bill. This
the Assembly refused insisting and (after several messages passed between them)
persisting in it, that it could neither be for the interest of the province nor consistent with
the privileges of their House to admit of any alteration to be made to that bill. |
|
I beg you to be informed that there are two Acts of the Assembly of this province that
have had the royal assent now in force for the making bills of credit. The reasons assigned
in the preamble for making of them are the better to enable the inhabitants to support the
government and pay their debts: this you may observe from the copies in your office.
These paper bills (called paper money) are lent out to the people at an easier interest than
they can have it elsewhere, and the interest arising by them is appointed yearly to be paid
into the treasury and by those Acts applied to the support of the government but to be
disposed of to and for that use in such sort, manner and form as by the Governor,
Council and General Assembly shall be directed. Whether this is to be done by Act or by
agreement yearly among the parties authorized to direct the disposition of it might admit
of debate; but whatever way soever it was to be done both the Council and the Governor
were by the express words of the Acts equally empowered to direct in the disposition of it
with the Assembly. As by those Acts a sufficient support for the government was raised
and applied to that use and then was and yearly is paid into the treasury for that end, so
by those Acts no other authority was given to the Governor, Council and Assembly but
to direct the modum disponendi, viz what part of it should be given to each of the officers
of the government for their salaries and what part of it should be applied to the other uses
of the government. And the bill then under debate was not a bill to raise any money
(though if it had the Council had a right to amend that as well as any other) but a bill in its
nature to direct in what manner money already raised should be applied to the purpose it
was raised for. This is confessed in the preamble of the bill now sent you though in the
first enacting clause the Assembly take upon themselves to say (I think improperly) that it
was then cheerfully given to HM in order (as appeared by their after-conduct) that they
might call it a money bill and under that groundless pretence take to themselves the
disposition of that money as they thought fit exclusively of both the Council and the
Governor contrary to the express words of the Acts I have mentioned and which the
preamble of this Act now sent refers to. The dangerous tendency of this bold step (to call
it by no worse name) is so evident to you that I need not observe much upon it. I did not
think it consistent with my duty and the trust HM reposed in me to let it pass unnoticed,
and therefore to check it as much as I could in the bud I dissolved them and submit it to
your judgment. Enclosed is my speech to them on their meeting and that on their
dissolution and their address to me which they have not come up to in one point. The
country are or pretend to be generally dissatisfied with their conduct and I am in hopes
the Assembly we are now choosing will evince with better dispositions than the last
because of the general cry against them though we should have many of the same men. |
|
Every Assembly are for making the officers of the government entirely dependent on
them and the means used to obtain this end is to deny the Council making any
amendments to what they call a money bill, which though groundless answers the end full
as well as if the pretence was never so well founded. Nor do I see how it will or can be
otherwise (unless HM will condescend to apply for aid to a British parliament with regard
to his plantations, most of the inhabitants of which this way having the same
dispositions). For should the Assembly admit that the Council have a right to amend, yet
they will tell them they are not obliged to agree to the amendments the Council will make
and the same difficulty recurs, they generally having obstinacy enough to persist against
the force of the most cogent reasons when they want inclination to be convinced. But
with respect to the two Acts I have mentioned the case seems to me to be something
otherwise or to be capable of being made so. The interest arising and yearly paid into the
treasury from the money lent by virtue of those Acts will for many years support the
government sufficiently but on this there arises some difficulty. First this money is not to
be given to the King; but to this I answer, it, being given for and to be applied to the
support of the government, is ex vi termini tantamount. 2nd it is asked whether all or part
of it must be applied, but to this the answer seems easier, all being given to that use all
must be applied to that use. 3rd if all, in what manner? whether as it yearly comes in or
otherwise? for during the first eight years of the time it will be rather more than enough
and towards the end less than sufficient. This is a difficulty and for that reason was left to
the parties mentioned in the Act to direct in what manner. But as I take it, it must all of it
be applied in some manner or other or the government will want support when there is
money in the treasury sufficient to do it, which would be inconvenient. But the greatest
difficulty remains, viz 4th whether it be absolutely necessary that all the parties appointed
to direct the manner of the disposition should agree in the doing of it? whether the
majority agreeing be sufficient? if all, then any one dissenting defeats the whole thing; if
the majority, any two agreeing will be sufficient. It is urged strongly on the one side that
when a thing is appointed to be done by three the whole number must join in the doing of
it or it will be void when done. It's said on the other side that true it is when the thing
appointed to be done may be done or left undone; but when a thing must be done the case
is otherwise, for there the majority agreeing will justify the doing of it, otherwise it would
be in the power of any one to defeat it, which was not intended to be done. They say
further it is self-evident that the legislature when they made those Acts, by appointing
money to be yearly paid into the treasury for the support of the government, must have
intended that it should be yearly applied to that purpose and could not intend that it
should be in the power of any one of the parties to whom they left the disposition to
prevent the doing of it and consequently render ineffectual one of the great purposes if
not the principal for which those Acts were made; that the words of all laws whatsoever
must be construed in such a manner as to render them effectual to answer the ends and
purposes for which they were made and not so as to defeat, evade or elude them, which
the dissent of one party could do if all their assents were absolutely necessary. Which of
these opinions is right is humbly submitted to you and the learned in the law. I know
which I would have to be so; and this I take to be certain, that if it is to be done by Act of
the legislature as things are now circumstanced both the Governor and Council must
agree to such dispositions as the Assembly (which is but one of the parties) will please to
make or the government must be wholly unsupported and no disposition made in any
manner. |
|
HM by his instructions to former governors directed that there should be twelve
Assemblymen chosen for the eastern and twelve for the western division of New Jersey
and that neither of them should either be increased or diminished nor manner of electing
altered but by Act or Acts of Assembly confirmed by HM, his heirs and successors. The
first part of the instruction with respect to the number is continued to me but the last part
with respect to the enlarging or diminishing of them and manner of electing is wholly
omitted, by which I understand that HM is not against augmenting the number which
will as the country settles become necessary, but that if any addition be made to the
present number of twelve the increase should be equally made in both divisions so that
the number of representatives in each division should be equal. If I do not rightly
apprehend it I hope you will inform me. The reason of my mentioning this is that among
other Acts herewith sent there is one for the erecting of a new country in the western
division called Morris County, in which Act their having representatives is suspended till
HM declares his pleasure in the case, which I recommend to you to advise may be done in
their favour because that being an addition of two members to the western division I can
with HM's leave add two in such part of the eastern division which I shall judge most
conducive to HM's service. As this new county is situated I am in hopes I shall by that
means be able with this addition to prevail upon them to raise money for the building a
house for the governor (there being none yet) and conveniences for the seat of
government and put the support of the government upon a better footing, the present
method of alternate sittings of the Assembly and courts and keeping two Secretary's
offices being very inconvenient and burthensome to all the officers of the government
whose small salaries render them scarce able to keep one office well. All parts of the
legislature agree the thing to be inconvenient and would have it fixed at one place the
choice of which the Assembly has left to me, but that will signify little unless they make
suitable provision for it. |
|
There is but little, if any, gold or silver in the province, their whole commerce both
among themselves and with their neighbours being managed by means of paper bills of
credit, of which there are about 60000l now current and in 1741 it will begin to sink and
grow yearly less. But the whole quantity I am told is not sufficient for the uses of the
province and that the people will soon be very pressing for more. In such case it is not
improbable that to gain their ends they will come into the measures of the government
and make its support both better and more certain than it is at present. |
By HM's patent I am empowered to act with three Councillors though by his
instructions restrained to five unless in cases of extraordinary necessity, but their
habitations are so remote from each other that at this place I can't get above three together
unless I send 23, 30 and 40 miles for them, and at Burlington there are three pretty nigh
together but the rest must come 40, 50, 80 miles to meet which is not convenient. So that
it is no small difficulty to get a Council of five or more together and to keep them together
when they are met, but I am in hopes when the seat of the government is fixed this may in
some degree be remedied. The distance of the habitations of the Council from Amboy
and Burlington and from each other may be pretty well guessed at from the following list.
Burlington is distant from Amboy 48 miles west-southerly. List of the Council of New
Jersey for the eastern division: James Alexander dwells at New York; Cornelius Van
Horne dwells in the eastern division about 22 miles NW from Amboy; William Provoost
in the eastern about 35 miles NE from Amboy; John Schuyler about 24 miles NE from
Amboy; Robert Lettis Hooper dead; Robert Hunter Morris, Fenwick Lyell, in Amboy.
For the western division: John Hamilton dwells in the eastern division at Amboy, I know
not any estate that he now has or ever had in the west division; John Wills, a Quaker,
about 6 miles westward from Burlington, he is an old man, goes double and can't attend
unless at Burlington with difficulty; John Reading about 40 miles from Amboy and as
many from Burlington; John Rodman, a Quaker, about 3 miles from Burlington; Richard
Smith, a Quaker in Burlington. I have been as particular as the time would permit me to
be and hope I have not given you needless trouble and that you will approve what I have
done. Signed. 14 pp. Endorsed, Recd. 9 July, Read 18 July 1739. Enclosed:
183 i Speech of Governor Morris to Council and Assembly of New Jersey.
Printed by John Peter Zenger. 4 pp.
183 ii Address of Council of New Jersey to Governor Morris, with his
acknowledgement. Printed by same. 4 pp.
183 iii Address of Representatives of New Jersey to Governor Morris. Printed by
same. 3 pp.
183 iv Speech of Governor Morris to Representatives of New Jersey on occasion
of dissolution, 15 March 1739. Printed by William Bradford in New York. 4 pp. [CO
5/973, ff 118–133d] |
184
May 28
Barbados |
President James Dottin to Duke of Newcastle enclosing public papers.
Signed. 1 small p. Endorsed, R, 24 July. Enclosed:
184 i List of Acts and minutes transmitted on 28 May 1739. ½ p.
[CO 28/45, ff 411–413d] |
185
May 28
Barbados |
President James Dottin to Commissioners for Trade and Plantations
sending public papers. Naval Officer's lists not yet completed. I am
informed that the French have made considerable settlements on those
islands which ought to have been evacuated and reap great profits and advantages to
themselves thereby. Signed. 1 small p. Endorsed, Recd. 13 August, Read 15 August 1739.
Enclosed:
185 i List of public papers transmitted to Commissioners for Trade and Plantations, 28 May 1739. 1 p. [CO 28/25, ff 85–87d] |
186
May 29
Savannah |
Mary Townsend to Trustees for Georgia reciting numerous grievances
and oppressions and soliciting grant of 500 acres of land and gift or
interest-free loan of 100l. Signed. Illiterate. 2¼ pp. Endorsed, Recd. 7
November 1739. [CO 5/640, ff 321–322d] |
187
May 30
Whitehall |
Thomas Hill to Thomas Lowndes acknowledging letter of 25th inst.
Their lordships are always ready to receive and consider any proposal
relating to the public good; and as you offer your method for
preventing the evils attending paper currency in America, they desire you will send it to
me to be laid before them. Entry. ½ p. [CO 324/12, p 242] |
188
May 30
Whitehall |
Same to Charles Carkesse. Their lordships have no objection to the
form enclosed with letter of 26th inst, it being agreeable to that they
have lately sent to the governors. Entry. ½ p. [CO 324/12, p 243] |
189
May 30
Amboy |
John Hamilton to Commissioners for Trade and Plantations. As soon
as Col Morris received his commission to be governor he came here to
publish it and declared himself an entire stranger and void of all
resentments to any person. In the winter he held an Assembly at Amboy. In the Council I
acted as president and forwarded HM's interest and the good of the country as much as
lay in my power. The first Council that was held after the Assembly was dissolved, the
warrants for the salaries of the officers of the government were signed. I applied for my
salary as commander-in-chief from 23 June 1738 (to which time I had received my salary)
to 29 August following, the day he published his commission; which he not only refused
to grant but likewise told me he expected I should pay him all the salary I had received as
President of the Council from 20 October 1736, the day he came here and demanded the
government, and that if I did not pay him he should be obliged to sue me. I told him if he
did and judgment went against me I would certainly appeal; since that I have not heard
anything. However, I thought it my duty to acquaint you with it and beg you will
consider what situation I shall be in if he does. He is the governor, has made his youngest
son chief justice of the province, and appoints sheriffs and other officers of the court, so if
I should be cast I must first appeal to him in Council before I can carry it to England.
Herein I may meet with great difficulty. I beg you to consider me and hope you will
pardon me for this long letter. Signed. 3 small pp. Endorsed, Recd., Read 6 July 1739.
[CO 5/973, ff 116–117d] |
190
May 30
Palace Court |
Minutes of Common Council of Georgia. Resolved that Robert Hows
have leave to alienate to Rev George Whitefield his 50-acre lot in
Savannah for building the orphan-house. A grant to Mr Whitefield of
450 acres in trust for the orphan-house to be sealed and registered. Resolved that 5l be
given to Richard Atherton for suit of clothes. William Stephens to be written to in order
to expedite the grants of land to Mr Whitefield. Resolved that a sum not exceeding 10l be
laid out in building a jury room adjoining the church at Savannah. Read report from
committee of estimate for expense of the colony from Michaelmas 1739 to Michaelmas
1740, stating salaries and allowances of officers, cost of servants in Georgia, and charges in
England. Resolved that the Common Council agrees to the estimate, copy of relevant part
to be sent to William Stephens that the people may regulate themselves accordingly. John
Fallowfield appointed second bailiff of Savannah in room of Robert Gilbert. Entry. 12½
pp. [CO 5/690, pp 212–224] |
191
[May 30] |
[Henry] McCulloh's reasons for repealing the quitrent law passed in
South Carolina in 1731. (1) All who hold lands by grants from the
Lords Proprietors, subject to quitrents in sterling money, by this law will be able to pay
in proclamation money which is 25 per cent less than sterling. (2) All who have more land
than they are entitled to - most have - will be able to hold the surplus. (3) Several with
lands provisionally granted after the land office was shut up, on which they pay 1d an acre
till they purchase the inheritance, will be admitted by the quitrent law to hold subject to
rent of 1s a 100 acres. (4) Those with fraudulent patents will be able to hold lands at 1s a
100 acres. (5) If the quitrent law be approved, holders of blank patents - of which there
are many yet in being - might within 18 months from HM's approval take up lands. (6) If
the law be not repealed it will be impossible for the commissioner of quitrents to regulate
the many abuses. (7) No ill consequence can come of repealing the law as appears by, (8)
Governor Archdale's law of 1696 was never confirmed by the Lords Proprietors. By the
Currency Act the people are willing to pay quitrents in paper bills at seven for one, which
will secure the Crown from any inconveniency that can possibly attend repeal of the
quitrent law. 2 pp. Endorsed, Recd. from Mr McCulloh. Recd., Read 30 May 1739. [CO
5/367, ff 3–4d] |
192
May 31
Whitehall |
Duke of Newcastle to Commissioners for Trade and Plantations.
Prepare drafts of commission and instructions for Robert Byng,
appointed governor of Barbados. Signed, Holles Newcastle. ½ p.
Endorsed, Recd., Read 1 June 1739. [CO 28/25, ff 83, 83d, 89, 89d] |
