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1735
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CONTENTS
PAGE
PREFATORY NOTE - i v
INTRODUCTION - - v
CALENDAR _ _ 1
INDEX OF PERSONS - - - 395
INDEX OF PLACES, AND THINGS - 424
111
PREFATORY NOTE
THE Text of this Volume was prepared by the late
Dr. A. P. Newton, D.Lit., F.S.A., Emeritus Professor of
Imperial History in the University of London and Fellow
of King's College. The MS. material for it, drawn from
the several Colonial Office Classes of Original Corre-
spondence and Entry Books of Correspondence for the
American and West Indian Colonies, had been
accumulated by Mr. Cecil Headlam, the previous Editor
of the Series ; and this was edited and passed through
the press by Dr. Newton, during the Deputy Keepership
of Sir Cyril Flower, C.B., between 1939 and "l940.
The Introduction has been written by Mr. K. G.
Davies, M.A., Fellow of New College, Oxford ; and the
Indexes compiled by Mrs. C. Headlam.
The delay in the appearance of the Volume has been
largely due to circumstances arising from the War.
February, 1953. HILARY JENKINSON.
IV
(v)
INTBODUCTION.
This volume, like its predecessor, covers a period of
eighteen months, from July 1735 to December 1736. It
contains 508 Abstracts, to which must be added a small
number of Papers which were overlooked when the
Calendar was compiled. These will in due course be
incorporated in an Addenda Volume. When this and
the previous volume were in the course of preparation
the intention was to publish the Georgia Records in a
separate Calendar on the grounds that that Colony was
administratively distinct from other Provinces immedi-
ately under the Secretary of State. For this reason the
Archives of the Trustees of Georgia are not included in
this volume although they form part of the Colonial
Office group of Records.
The functions of the Board of Trade and Plantations
and its relations with the Secretary of State have been
fully described in earlier Introductions in this Series. In
discharging its chief task of supplying the Crown with
advice and information about colonial and commercial
matters it was necessary that the Board should be
adequately apprised of the relevant business transacted
in the Secretary's Office. This necessary liaison does
not seem always to have existed, and to that extent the
Records of the Board may be imperfect. In July 1736,
for example, the Board complained to the Secretary of
State of his failure to inform it of Commissions, Orders
and Instructions which had passed through his hands (43).
The Board on this occasion was particularly concerned
with the Secretary's neglect to advise it of the issue of
licences of absence to Members of colonial Councils.
Some months previously it had discovered that two
Members of the Council of Montserrat had been absent
without leave, one for six years and the other for three
vi COLONIAL PAPERS.
(' Journal of the Commissioners of Trade and Plantations,
1735-1741 ', p. 46). Unless it received regular notification
of such grants it would be unable adequately to advise
the Crown.
The inclusion in the Colonial Calendar of the surviving
Records of both the Secretary and the Board deprives
such imperfections of anything but an academic interest
for users of this and other volumes. The existence of
the Board of Trade, indeed, often leads to an excessive
duplication of information. Some over-zealous colonial
Governors wrote Dispatches for the Secretary and the
Board which, though not copies, contain substantially
the same material. For example, the long Dispatches
which President Clarke, Acting Governor of New York,
wrote to the Secretar} 7 of State often covered much the
same ground as those which he wrote to the Board of
Trade. Whatever defects the Board of Trade may have
diagnosed in its own Records appear at this date to have
been redeemed by the Secretary, and vice versa. An
examination of C. M. Andrews' and F. G. Davenport's
' Guide to the Manuscript Materials for the History of the
United States to 1783 in the British Museum, in Minor
London Archives, and in the Libraries of Oxford and
Cambridge ' (Carnegie Institution Publications No. 90,
Washington, 1908) for the period covered by this volume
suggests that very few official Papers have strayed from
their proper Custodians. Copies of official Records
abound in the Newcastle Papers preserved in the British
Museum, but original Documents relevant to the colonial
history of this date are seemingly few.
In previous Introductions, general observations on
constitutional and administrative matters have been
followed by detailed comments upon the history of
each of the British Colonies. During the period with
which this volume deals several of the smaller Colonies
enjoyed a relatively uneventful existence and the
Documents referring to them are few in number and of
only local significance. This Introduction will accord-
ingly be concerned primarily with questions of a more
general nature.
INTRODUCTION. vii
In 1735 and 1736, as in other years, the Board of Trade
and Plantations, the Committee of the Privy Council for
Plantation Affairs and the Secretary of State had to deal
with a great variety of matters, some of which had an
importance out of proportion to the time which was given
to them. But two problems, because of their magnitude
and their urgency, dominated all others and are reflected
in many of the -Papers in this volume. These problems
were, first, the growing economic, political and military
power of France in North America and the West Indies,
and, secondly, the need to increase the white population
of the British Colonies. Since a large and virile population
was seen to be the cheapest and most effective answer to
French claims and encroachments the two questions
were closely inter-related. But for convenience they
will be considered separately.
The French menace, for such it was felt to be, was most
serious in the extreme North, in Newfoundland and Nova
Scotia, and in the South, in the Caribbean Sea. But
while these were the focal points of danger there was
hardly a British Colony which was not in some degree
threatened by the rising French power. Georgia and
the Carolinas were susceptible to attack from New
Orleans and the French settlements on the Mississippi
(349, 381), but even more serious was the possibility that
all the British mainland Colonies might be encircled and
exposed to assault from the rear. In a Dispatch of
16 August 1736 Lieutenant-Governor Broughton of North
Carolina expressed his fears to the Board of Trade : " The
French have settled a communication from Canada to
the mouth of the Mississippi River, and we have too
much reason to apprehend, from frequent attempts of
this sort that they are endeavouring to destroy the
Indians in friendship with the English, or to force them
into their service during the time of peace, that they
may be enabled whenever a war shall happen, to gain an
easy passage and without interruption to attack any of
the English settlements on this Continent " (381).
In Newfoundland it was the economic rather than the
political or military aspects of French power which gave
viii COLONIAL PAPERS.
most cause for anxiety. Two Dispatches from Captain
Fitzroy Henry Lee, the naval Officer acting as Governor
of Newfoundland, give a valuable picture of the state of
that Colony (119, 389). Although they were both
intended to be read in conjunction with the Interro-
gatories to which they supplied answers, they nevertheless
provide useful evidence of the organization of the Fishing
Industry. Both Dispatches stressed the serious character
of French competition. In the first, Lee wrote that
while unable to get any certain account of the French
Fishery he believed that their technique of curing fish
was more successful than our own and accordingly they
obtained better prices (p. 71). In the second he was
more explicit ; the English in their efforts to beat one
another to the market shipped fish before it was properly
cured. Consequently French catches regularly sold in
Italy at one dollar the quintal above the price obtained
by the English (pp. 280-1). Governor Lee, however,
was satisfied that the fault lay with the English, and he
had no serious complaint to make of illegal French
encroachments. For example, he acquitted them of the
charge of infringing the Treaty of Utrecht by fishing at
Port aux Basques (p. 278).
In Nova Scotia the danger was closer and graver. A
report to the Board of Trade by Captain Thomas Coram,
R.N. (22) and the Dispatches of Lieutenant-Governor
Laurence Armstrong testify to the difficulties created or
exploited by the French. Coram, writing of the need to
people Nova Scotia with loyal Protestants, prophesied
that " in case of a rupture with France, that whole
province will without doubt be utterly lost for want of
good and faithfull inhabitants". He had no doubt of
the gravity of French economic rivalry both in the
Fisheries and in other branches of imperial trade : "as
the French have already beat us clear out of the indigo
trade, and have unexpectedly disabled and overtoped us
in the suger trade, they want only a great and extend' d
navigation to establish a maritime force equal to any of
their neighbours, and as the most compendious way
thereto is to beat us out of the codd-fishing : if ever that
INTRODUCTION. ix
should happen, it would be the greatest blow that ever
was given to the British Navigation". Lieutenant-
Governor Armstrong, too, had a low opinion of the
loyalty to the British Crown of the French inhabitants
of Nova Scotia. During his tour up to the Bay of Fundy
in 1735 he had formed the conclusion that only his
presence made them put on a show of loyalty (117). In
a later Dispatch he returned to the same theme. It was
impossible to govern the Province properly from
Annapolis unless blockhouses were constructed and
garrisons planted in the remoter parts. Not only were
the French rebelliously-inclined themselves, but they also
incited the Indians against the British Government (195).
In this disaffection, the Lieutenant-Governor alleged,
they were encouraged and sustained by the presence of
' Romish priests who contemn and disclaim H.M.
Sovereignty, civil power and authority, and in opposition
there unto set up an independent jurisdiction " (340).
The position of these priests was guaranteed by the
Treaty of Utrecht, but the British claimed that they
should nevertheless be subject to the lawful orders of the
Crown during their ministry. Whether the French were
actually abusing their treaty-rights in this respect is not
clear, but the presence of the priests was certainly a
'potential threat to British tenure of a Colony which was
almost entirely Catholic (462).
Much of the Anglo-French rivalry in this region was
focused on Canso which Lieutenant-Governor Armstrong
described as " the key to this part of North America "
(195). In a Report on the Fisheries Captain Fytche,
R.N., had suggested that the French from Cape Breton
were regularly encroaching on British fishing grounds
and that as many as thirty of their vessels had engaged
in the trade at Canso contrary to the Treaty of Utrecht.
Lieutenant-Governor Armstrong was strictly enjoined to
do everything in his power to prevent any encroachments
of this sort (9). When he visited the place in 1735 he
found great confusion and disputes between the fishermen
and the Commandant. He sought to remedy the position
by the appointment of a new Commandant, Major Paul
COLONIAL PAPERS.
Mascarene, a man of recognized professional and personal
merit. Copies of this Officer's standing and routine
Orders are preserved in the British Museum (Additional
Manuscripts 19069) and throw some light on conditions
at this important place. Canso formed the subject of
two Reports to the Board of Trade by Captain John
To wry, R.N., which included some statistics of the cod
and whale catches there and of the shipping engaged in
the Fisheries (166, 450). Significantly the first of these
Reports embodied some estimates of the French Fishery
of Cape Breton and also included a statement of the
formidable defences and armaments there. Canso by
contrast had no fortifications at all. Further information
about the British and French Fisheries in these waters is
contained in the evidence of Mr. How before the Board
of Trade in March 1736 ('Journal of the Commissioners of
Trade and Plantations, 1735-1741', p. 99).
Serious as it was the growth of French power in the
North Atlantic did not command much attention from
Parliament during 1735 and 1736. This may have been
due partly to the still widely held theory which made the
tropical and sub-tropical Colonies the centre-pieces of
imperial policy. Compared to the Fisheries the sugar-
trade was highly developed and organized so that any
matter affecting the West Indies was promptly brought
under Parliamentary notice. The difficult period through
which the sugar-Colonies were passing in these years is
reflected in numerous Documents contained in this
volume and in the debates and proceedings of Parliament.
An Order by the Committee of the Privy Council for
Plantation Affairs referred to the "present distrest con-
dition " of Jamaica (1) ; the Speaker of the Assembly of
Antigua wrote of "the miseries that we now lie under by
the prices of our commodities in England " (11) ; while
from Barbados there came the gloomiest prognostications
of all (51, 142, 202, 204, 494 iv).
The reasons for the sad condition of Jamaica do not
appear to have been so directly connected with the
depression in the sugar-trade as was the case in Barbados
and the Leeward Islands. Agriculture in Jamaica was
INTRODUCTION. xi
more mixed in character and less dependent upon a single
cash crop. The cultivation of coffee, for example, was
going forward rapidly in these years ('Journal of the
Commissioners of Trade and Plantations, 1735-1741 ',
p. 71). Nevertheless the Colony had its problems,
principally an acute shortage of white inhabitants in the
face of an ever growing negro population. So long as a
small number of proprietors held large tracts of the best
land which they cultivated extensively or not at all,
there was no possibility of increasing the white popula--
tion by the settlement of smaller farmers. This matter
was frequently under consideration in 1735 and the
Board of Trade, at the behest of the Privy Council, pre-
pared an Instruction to the Governor of Jamaica for an
Act obliging proprietors of great estates to cultivate their
lands under penalty of dispossession. Henceforth no
grant of more than 1000 acres was to be made and
grantees were to employ one white man for every 100
acres (1, 19). This Instruction was subsequently toned
down so as to make dispossession less likely, and in that
form it was approved by the Queen-in-Council (36, 41).
The whole question was, however, complicated by the
low price of sugar then prevailing, for more intensive
cultivation, unless it could be restricted to other crops,
was likely to lead to over-production and a further fall
in price. A Memorial from the merchants of London,
Bristol and Liverpool supporting proposals for the
settlement of Jamaica and for increasing the white
population took the opposite view and emphasised the
advantages to the planter in higher land values (148 i).
The need for settling Jamaica had a particular relevance
in this period, not only because of the growing friction
with France and Spain in the West Indies, but also
because of the negro ' rebellion ' which periodically
paralyzed the life of the Colony. This episode reflected
very little credit on the government of Jamaica. The
merchants in the Memorial mentioned above alleged that
the number of slaves in revolt was no more than three
hundred (p. 96), and Governor Cunningham himself wrote
that he could not learn that in two years more than ten
xii COLONIAL PAPERS.
of the rebels had been taken (226). Eight Companies of
soldiers which had been sent to Jamaica to deal with the
rising remained in barracks most of the time" and drank
themselves to death (26, 226). It is indeed difficult to
escape the conclusion that the most serious aspect of the
whole affair was the frequency with which the Govern-
ment of the Colony imposed martial law, a matter which
caused the Board of Trade and its legal advisers much
concern (90, 124, 215). Martial law, as the English
merchants pointed out, closed the law-courts and made
it impossible to collect debts or to carry on business
(p. 96). Some comments on this and other questions
relating to Jamaica are contained in the Report of Sir
Challoner Ogle's evidence to the Board of Trade and
Plantations ('Journal, 1735-1741', p. 70).
Barbados and the Leeward Islands, though free from
internal disorder, suffered more profoundly than Jamaica
from the depression in sugar because of their greater
dependence on it. In some measure this depression
affected all producers, French as well as British. Records
of the prices of sugar sold in London in the 'thirties
suggest probably the lowest decennial average of the
century, while the more reliable figures of prices at
Amsterdam tell the same story. The British Colonies,
however, not only suffered from this world-wide over-
production or under-consumption of sugar but also were
exposed to particular stresses from which their rivals
were free. These stresses are referred to many times in
the Dispatches from Barbados contained in this volume,
but they are nowhere so conveniently summarized as in
the Reports of the Parliamentary Debates of 1736. The
House of Commons had the state of the West Indian
Colonies under consideration on a number of occasions in
the spring of this year, mainly as a result of the proposal
to impose heavy taxes on spirits. Petitions against this
measure were presented by several influential associa-
tions, giving rise to keen debates. The object of the
proposal was to curb the drunkenness spread by gin, but
spirits of all kinds including rum were to be taxed. This
was felt by some Members to be an insupportable burden
INTRODUCTION. xiii
on the sugar-producers at a time when they were already
suffering from the effects of French competition (L. F.
Stock, ' Proceedings and Debates of the British Parliaments
respecting North America ', IV, p. 304. Though sugar
had been Cultivated in the French Colonies from an early
date it was only recently that they had become serious
rivals to the older-established producers. Their new
position now rested firmly on three factors which together
gave them the advantage in costs both of production and
of distribution. These factors are outlined in the
reported speech of an Opposition Member of Parliament
in April 1736 in which the declining state of the British
Colonies was contrasted with the growing prosperity of
the French : " Their rivals in the sugar trade enjoy a
new, rich, and fertile soil, which produces plentifully
without great labour or expence ; while they [the
British] are obliged to toil in fields worn out by continual
labour, and incapable of producing anything without a
vast expence. Their rivals live almost quite free from
taxes, and without being at the expence of making any
presents to their governors, or even of maintaining and
repairing their own forts and garrisons ; while they are
heavily loaded with taxes upon exports as well as imports,
and obliged to pay large salaries to their governors, and
to maintain and repair their own fortifications : their
rivals have liberty of exporting their sugars directly to
any market in Europe, while they remain under a
necessity of landing every ounce in Britain, and are
thereby obliged to pay double freight, double commission
and a great many other unnecessary charges. These
disadvantages have already, I am afraid, made us lose
the benefit of supplying any foreign market with sugars "
(Stock, IV, pp. 306-7). It is not impossible that both
politicians and planters exaggerated the predominance of
the French in the sugar- trade. But at the same time
French competition undoubtedly deepened the depression
from which the British Colonies were suffering.
Economic rivalry was only one aspect, perhaps not the
most serious, of the rising power of France in the Carib-
bean. Two diplomatic questions greatly exercised the
xiv COLONIAL PAPERS.
British Government and generated many of the Docu-
ments contained in this volume. Under the Anglo-
French Treaty of Neutrality of 1686 each side had under-
taken not to trade or fish in any places possessed by the
other under penalty of confiscation. The contracting
parties had further agreed on a mutual right of asylum
for ships driven into port by weather or other urgent
necessity. In 1727, however, the French King had issued
an Edict which had greatly circumscribed this right of
asylum. At the same time strangers had been forbidden
not only to trade at French islands but also to sail
within three miles of any French possession whether
inhabited or not. This last provision was especially
obnoxious since in the Leeward Islands English and
French settlements lay so close to one another that the
three-mile limit was meaningless ; ships with no intention
of trading might be compelled to sail into the territorial
waters of foreign Colonies.
French attempts to enforce this Edict led to numerous
seizures and to demands by the British Colonists for
counter-measures. A Memorial of West India merchants
presented to the Board of Trade and Plantations in
December 1736 mentioned five seizures, a sloop and the
Dolphin taken in 1729, the Amity and the Humility in
1732, and the Margaret in 1734. Two other ships had
been burned in 1729 (474). A useful summary of the
history of the Neutrality Treaty, the effects of the French
Edict of 1727 and the incidence of French depredations
is contained in a Report from the Board of Trade to the
Secretary of State in December 1736 (490 i). The whole
question can be compared with the much better known
dispute with Spain over the activities of the guarda-
costas. Though, in the long run, Spanish depredations
were to have the more serious consequences they do not,
in the period covered by this volume, bulk so large as
those committed by the French. The Report of the
Governor of the Bahamas that the Spaniards "daily take
our vessels " was a patent exaggeration (79).
While some of the French seizures appear to constitute
breaches of the Treaty of Neutral it}^ it is not to be denied
INTRODUCTION. xv
that the British for their part were also infringing its
provisions, though in a different way. The French
authorities were undoubtedly provoked by the persistent
illicit trading of New England ships which took off
molasses and rum from the French sugar-Colonies. The
British Government was as anxious as the French to put
a stop to this trade, but was quite unable to devise
effective means of so doing. It was, in consequence,
placed in a somewhat equivocal position by the French
seizures, and this probably accounts for its reluctance to
take the strong measures demanded by the Colonists
(296).
The situation of the British Government was made yet
more difficult when the Legislature of Montserrat took
upon itself the task of framing measures of reprisal against
the French. An Act for the more effectual preventing all
trade in those parts between H.M. subjects and the French
was passed in 1736 and received the assent of Governor
Mathew (361). The purpose of this Act was frankly
retaliatory, but even so it did not appear to go to the
same lengths as the French Edict of 1727. Francis Fane,
the legal adviser of the Board of Trade, believed that it
did not give power to seize ships merely for sailing within
three miles of a British Colony (431). Nevertheless, both
he and the Board were satisfied that the Legislature of
Montserrat had been guilty of infringing the Prerogative
of the Crown, and an immediate rebuke was sent to
Governor Mathew (406). On the other hand, it was
admitted that some such measure might be useful in
causing the French to abandon their aggressive attitude.
The dilemma of the British Government was summarized
by Fane when he wrote : " tho the policy of it might be
right and expedient, yet the manner of doing it is so new
that I think it ought to receive in this first instance the
highest discountenance " (431). In their Report of
17 December 1736 the Board condemned the Act in the
strongest terms and discountenanced the seizure of a
French ship, the Fleuron, which had been made under
its authority. However, they advised against dis-
allowance and proposed that the Act should be used to
xvi COLONIAL PAPERS.
aid representations at the French Court for the repeal of
the Edict of 1727 (490 i). This Report and a Memorial
to the Board of Trade from the Agents of Leeward
Islands (460) provide the most valuable summaries of
the dispute contained in this volume. The interest of
the episode, apart from its relevance to the history of
Anglo-French rivalry in the Caribbean, lies in the skill
with which the Legislature of an insignificant Colony
such as Montserrat forced the hand of the British Govern-
ment. The conflict between the public interest and the
Prerogative of the Crown which was thus set up and
played upon is a subject to which reference will be made
later in this Introduction.
The other chief source of Anglo-French friction in the
Caribbean was the old question of the evacuation of the
islands of St. Vincent, St. Lucia and Dominica, which
had been agreed as long ago as 1730. In a Report of
11 September 1735 the Board of Trade and Plantations
advised the Duke of Newcastle that there were 117
Frenchmen able to bear arms on St. Vincent, 100 families
on Dominica and six families on St. Lucia (102). Yet
more serious was the apparent tendency of these numbers
to increase. In November 1735 it was alleged that there
were now 200 French families on St. Lucia (183 ii) and
in the following July Governor Mathew reported that
there were 364 families on Dominica (361). In December
1735 the Governor of Martinique wrote to President
Dottin of Barbados that the French would leave St.
Lucia when their cotton was harvested (208, 290 i). But
in the following August President Dottin sent to the
Duke of Newcastle a Report from Captain Craufurd,
R. N., which showed that the French were still there in
force (378 ii). The same Report mentioned the presence
of a few Englishmen, said to be servants of the French,
although a year earlier the Board of Trade had claimed
complete evacuation. The whole dispute merged into
the question of illicit trade and seizures, since these
islands were focal points of the illegal commerce between
French settlers and H.M. subjects (290 i). Clearly it
could not be settled locally, and the Board of Trade once
INTRODUCTION. xvii
again referred the matter to the Secretary of State to make
such diplomatic representations as he thought fit (438).
Diplomatic exchanges, however, seldom carried such
disputes very far towards solution ; they tended to be
quickly submerged in the infinitely complicated inter-
national politics of eighteenth-century Europe. Such
measures as the planting of garrisons and the strengthen-
ing of defences were no more than wise preparations for
the trial of strength which was assumed, almost without
question, to be coming. The surest preventive to French
aggression in America was the presence of a large white
population, sympathetically disposed towards the British
Crown and ready to take up arms in its own defence.
To this solution the Board of Trade and Plantations
returned again and again in 1735 and 1736. Immigration
was rapidly coming to be regarded as the answer to many
of the Empire's problems, economic as well as military,
and as the sine qua non of progress (for example, 221,
277). During these eighteen months at least nine pro-
posals for settlement were examined, though not every
one was given serious consideration. From the Board's
actions and recommendations upon these proposals it is
possible to build up some sort of picture of the type of
scheme to which favour was likely to be shown. First
of all, settlers were required to be Protestants and there-
fore instinctively ranged against France and Spain.
Secondly, the scheme should provide for the greatest
possible number of settlers, each occupying a small or
medium-sized holding of land. Large grants of land
which might remain uncultivated indefinitely were an
obstacle to imperial development for they served only to
discourage the smaller settler. The object in view was
not merely a large population ; it was important that it
should be a population of the right sort, farmers with a
stake in the country who in the event of attack would
have something material to defend. Finally the settle-
ment should be strategically sited so as to serve as far as
possible the purposes of imperial defence.
The three schemes in which most progress was made
during this period were those for the settlement of North
xviii COLONIAL PAPERS.
Carolina. The first, sponsored by Captain George
Burrington, a former Governor of that Colony, Samuel
Jenner and John Ochs, was for the settlement of 6000
German and Swiss Protestants (110, 238, etc.). The
conditions laid down by the settlers were extremely
reasonable ; they asked for naturalization, some relief
from quit-rents and the right to appoint their own civil
and military officers and to maintain their own poor and
no one else's. They also asked that their lands should
be contiguous, not dispersed, and that each gentleman
should have 1000 acres and every other man 200. These
potential immigrants appear to have been business-like
but not exacting. Their agent stressed that " they live
well at home and are not obliged by any wants or necessity
to go into foreign parts " (238). Not surprisingly this
project gained the approval of the Board of Trade (301).
At the same time that this scheme was under considera-
tion the Board was busy with a similar proposal by
Henry McCulloh who offered to settle at least three
hundred Protestants on 132,000 acres of land about the
Cape Fear River in North Carolina (241). This likewise
was favourably received and the approval of the Com-
mittee of the Privy Council for Plantation Affairs was
obtained ('Acts of the Privy Council, Colonial Series,
1720-1745', pp. 490-1). A third project, sponsored by
James Huey and Murray Crimble, was for the settlement
of 6000 Swiss, Palatine and other foreign Protestants on
1,200,000 acres of land in the same Colony. The quantity
of land requested was very great, but the Board of Trade
nevertheless reported favourably on the scheme : " We
cannot but think their undertaking very much for H.M.
Service, and the interest of a Province where there are
vast tracts of land, neither cultivated nor claim' d by any
person ; especially as it will be the means of encreasing
H.M. quit rents, improving the trade of the Province,
and extending their settlements by protecting their
frontiers " (465).
Although North Carolina was in this period" the chief,
it was not the only, venue of settlement schemes. In
New York there was a plan for giving 200 acres of land
INTRODUCTION. xix
to each of 500 Protestant families from Europe (366).
Here defence considerations were especially relevant for,
as President Clarke wrote, " when the Mohacks' country
is setled we shall have nothing to fear from Canada".
He could not have expressed more clearly the close
relationship between the fear of French aggression and
British plans to hasten the settlement of the Colonies.
The hardy, independent, Protestant farmer could be a
complete answer to the threat of French encirclement.
The same strategic considerations were uppermost in a
scheme put forward by Captain Coram for planting
Colonists in Nova Scotia and Cat Island in the Bahamas.
This plan, which was designed to contain the French in
two particularly crucial areas, envisaged initial grants of
100 acres to each settler ; when this had been brought
into cultivation a further 100 might be granted, and so
on up to a maximum of 1000 acres. Coram annexed to
his proposals an interesting estimate of the cost of settling
100 families in Nova Scotia and a list of the stores which
such a party would require from England (22).
The existence in North America of virtually unlimited
land did not mean that settlement, whether undertaken
with the blessing of the Government at home or by
private enterprize, could be accomplished without some
friction with previous rights. North Carolina, as we
have already seen, was a Colony singled out in this
period as the object of several schemes for planting
settlers. The same Colony was the scene of a heated
quarrel between the Governor, Gabriel Johnston, and
some of the older Colonists. Two issues merged in this
dispute. First, the Colonists claimed the right to pay
their quit-rents in commodities of their own growth,
tobacco, rice, skins, hemp and flax, after an agreed
valuation. This was acceptable to the Governor, but he
thought that for the older settlers at least the valuations
should be in sterling rather than in the inflated money
of the Province. The Colonists also sought to pay their
rents at many different places in the Province, which
greatly increased the costs of collection (410). Con-
currently, there seemed to be a real danger that some
xx COLONIAL PAPERS.
titles to lands held under grants dating back to the
proprietary period of the Colony's history would be
called into question. The former practice had been for
the Governor to sign blank Patents and lodge them with
the Secretary of the Colony for distribution as required,
and it is not surprising that there were allegations of
corruption (20, 141, 410, etc.). In his efforts to compel
the Colonists to pay what he thought they owed for their
lands the Governor exploited the common knowledge
that plans were afoot for bringing into the Province large
numbers of new settlers. A vigorous and picturesque
address to the Governor by some of the inhabitants of
the Colony shows how the established Colonists felt
themselves to be threatened by the new immigrants :
" Your Excellency also alledges that we make a great
matter of paying the King two shillings per hundred
acres sterling and that, if we think it a hard bargain, we
may leave the King's land, for that they are the King's
lands and not ours and that there are to your Excellency's
knowledge thousands of industrious Protestants that
would come into our places gladly and pay the Crown
double the rents without clamour or noise (we thank
them kindly) " (p. 79). These quarrels about quit-rents
and titles were not new, but they were given greater
point by the plans for promoting immigration.
The Colonists, through their Assemblies and Agents in
London, were easily able to make themselves heard and
to defend their interests in such matters. The Indians,
however, were not in that fortunate position. Their
rights might be given some consideration in the case of
settlements promoted by the central Government, for
friendly tribes had an important part to play in the
defence of the mainland Colonies. But settlements by
private individuals, careless of imperial strategy, eroded
their ancient rights which, once gone, could not be
retrieved. A classic example of disappropriation is set
forth in this volume, the case of the Mohicans (300, 318).
Their lands had been reserved to them in 1684 and con-
firmed in 1692. The expansion of the adjoining Colony of
Connecticut, however, had driven them to seek protection
INTRODUCTION. xxi
from the Crown, and a Commission sent over in 1704
had upheld their tenure. Now, thirty years later,
further encroachments forced them to demand that the
judgement of this Commission should be implemented
(300 i and ii). The Mohicans took their case to the Board
of Trade and Plantations in 1736 and their representative,
Mahomet, crossed the Atlantic to give evidence at the
enquiry ('Journal, 1735-1741', #p. 106-9). A new Com-
mission was ordered by the Privy Council in 1740, but
sixteen years later the Indians were still trying to obtain
satisfaction ('Acts of the Privy Council, Colonial Series,
1720-1745 ', p. 539).
The expansion of a province, or the creation of a new
one might give rise to another problem illustrated by
Documents contained in this volume, the problem of
inter-colonial rivalry. Georgia, in this period, was still
in its infancy and still the recipient of a Parliamentary
subsidy (Stock, V, pp. 243, 303). But already disputes
over boundaries and trading rights with South Carolina
were multiplying. In October 1735 Lieutenant-Go vernor
Broughton wrote to the Board of Trade and Planta-
tions complaining that Captain Patrick Mackay, Agent
for Indian affairs for Georgia, had prevented traders
licenced by South Carolina from carrying on their
business with the Creek Indians (157). The Georgia
Trustees promptly dismissed Captain Mackay, but the
Government of Georgia continued to claim the right to
allow trade with the Indians only under licence from
itself (376). At the same time, the Council and Assembly
of South Carolina alleged, the magistrates of Georgia
were interfering with the free navigation of the Savannah
River, the boundary between the two Colonies. Under
colour of an Act to prevent the importation of rum into
Georgia several consignments of liquor in process of
shipment along the Savannah from one part of South
Carolina to anothei had been seized and destroyed
(pp. 373-4). South Carolina tried to argue this dispute
on the principles of free trade and free navigation, but
the question was more one of prohibition. Georgia,
under Oglethorpe's inspiration, sought to curb the use of
xxii COLONIAL PAPERS.
liquor while South Carolina was more appreciative of its
value in trade with the Indians. An early example of
what was later to become a stock argument is contained
in a Petition of the Assembly of South Carolina. They
argued that if they did not themselves supply rum " it
would put the Indians upon seeking it from the French
and Spaniard who can very easily supply them with the
same " (p. 375). Eventually, in 1738, the Committee of
the Privy Council for Plantation Affairs devised a formula
whereby Georgia granted Licences without charge to all
bona fide applicants who had previously been approved
by the Governor and Council of South Carolina ('Acts of
the Privy Council, Colonial Series, 1720-1745 \pp. 512-4).
Another inter-colonial dispute in agitation during this
period was that between Massachusetts and New Hamp-
shire. This long standing issue has left little record in
this volume but it was frequently under consideration by
the Board of Trade.
These problems of land-titles and rents, of Indian
relations and of inter-colonial rivalry were all to some
extent affected by immigration policy. No doubt they
would have arisen anyway, but the attempt to strengthen
the defences of the Empire by increasing the population
and the area of land in cultivation and settlement gave
them an added relevance and urgency. At the same time
the British Government had to consider the establishment
of new spheres of civil authority. The Board of Trade,
writing to Lieu tenant-Governor Armstrong of Nova
Scotia, put its dilemma succinctly : " The only probable
method to people the Province is to form a civil govern-
ment there ; but until there are English enough to com-
pose an Assembly this cannot be done " (112). In the
period covered by this volume an attempt was made to
set up a new sub-area of government, though in an
obscure and somewhat unconventional fashion. During
the year 1735, Governor Mathew introduced " something
of a Legislature in Anguilla, Spanish Town and Tortola "
and set them upon framing laws on models supplied by
himself (105). This was a necessary step, for the islands
had long been governed by Deputy-Governors and
INTRODUCTION. xxiii
Councils. Settlers to the number of 300 families had
lately arrived there from the Leeward Islands and the
need for proper civil government was urgent. The
Board of Trade, however, took the view that the Governor
was encroaching upon the Prerogative of the Crown (60).
The matter was deferred and in 1740 efforts were still
being made to obtain civil government for these Islands
(' Acts of the Privy Council, Colonial Series, 1720-1745',
p. 678).
Parliament was fully aware of the seriousness of French
rivalry in America. Apart from its investigations into
the effects of French competition in the sugar trade, to
which reference has already been made, the House of
Commons on 12 May 1735 called for papers about the
state of the British Colonies and " the danger the said
colonies have been, or are apprehended to be, in, from
the growing power of the French in America " (Stock, IV,
p. 253). In the same session the Admiralty was required
to furnish papers referring to British losses suffered at
the hands of Spain in both Europe and America since
1725 (ibid., p. 258. Copies of the papers produced on
this occasion are preserved amongst the House of Lords
MSS., vide C. M. Andrewes and F. G. Davenport, ' Guide
to the Manuscript Materials for the History of the United
States to 1783, in the British Museum, in Minor London
Archives and in the Libraries of Oxford and Cambridge*,
p. 209). Despite this show of interest the years 1735 and
1736 are not marked by any very notable developments
in Anglo-Spanish relations in America. The situation in
the Caribbean seems to have been comparatively quiet.
But if the motif of Anglo-French rivalry dominated the
plans and policies of the British Government, Anglo-
Spanish discord, by reason of its explosion in 1739, calls
for brief comment.
The activities of the Spanish guarda-costas figure hardly
at all in this volume. Some disquiet was engendered by
the seizure of the Mercury of New Providence which was
taken four leagues off the American mainland (221 ii).
But this was an exceptional case in a period of compara-
tive tranquillity. Jamaica and the Bahamas continued
xxiv COLONIAL PAPERS.
to be apprehensive of Spanish invasion, but this fear was
based on their exposed geographical positions rather than
on any positive knowledge of hostile preparations. In
America, as in Europe, Spain was the weaker of the
Bourbon powers and Britain treated her accordingly. In
these years Georgia was making spectacular progress.
Oglethorpe reported to the Board of Trade and Planta-
tions in August 1735 that the number of men able to
bear arms had risen in twelve months from 100 to 800
(Journal, 1735-41, p. 58). This growth constituted a
threat to Florida which Spain could not ignore. Two
Documents in this volume set out the title of each
Country to the disputed territory. The British claim,
an excellent example of the maxim that any title is
better than none, was based on Cabot's discovery, Drake's
exploits and other remote events (348 xv). Spain
asserted her rights under an Agreement of 1670 reinforced
by the Treaty of Utrecht, and was able to put up much
the more plausible case (391 i). By these tokens the
mere establishment of Georgia was contrary to Anglo-
Spanish Treaties, but it is a measure of Spain's weakness
that she could not do much more than try to delay and
contain the southward expansion of the British Colony.
Complaints were lodged about the activities of Indians
sympathetic to Britain, about attacks on a Spanish fort
in Florida and about the building of British forts on
Spanish territory (391 i). But Spanish forces in Florida
were inadequate for anything but a defensive policy. It
is true that the factor of the Royal Assiento Company in
Cuba, conceiving it to be his duty to advise of " all
mischief that are or shall be cooking or hetching against
H.M. Colonys", gave warning of a rumoured attack on
Georgia from St. Augustin (469). But, broadly speaking,
Georgia went about the task of securing her southern
frontier without serious hindrance from Spain.
Reference has already been made in this and earlier
Introductions to the preoccupation of the House of
Commons with imperial business, and during 1735 and
1736 a good deal of the work of the Board of Trade was
undertaken in response to orders from the Commons.
INTRODUCTION. xxv
On 9 May, 1735, the House called for an Account of the
money raised in the West India Colonies by certain
import and export duties (Stock, IV, p. 253). On 12 May
further calls were made for papers about French
aggrandisement and about colonial laws which laid duties
on British trade or shipping (ibid.., pp. 253-4). Some of
the information which the Commons required could no
doubt be supplied from Records in the Office of the
Board. But to meet the enquiry about colonial imposts
and regulations upon trade it was necessary to refer to
the provincial Governments. The collection of this
information provides an interesting example of the
efficacy of the Board as a fact finding body. A circular
letter, dated 17 June 1735, was dispatched to all
Governors of Plantations in America and the West
Indies (Vol. XLI, No. 598). This was five weeks after
the original request by the House of Commons. The
first answer to this letter, from Pennsylvania, came to
hand in November 1735 (120) ; during January 1736
replies were received from Barbados (142), the Leeward
Islands (136), and Virginia (176). More replies came in
during February, March and April ; that of North
Carolina arrived in May (192), while that of Maryland
did not reach the Board until August (283). From some
Colonies, Jamaica for example, no reply appears to be
contained in this volume. The Board of Trade made its
Report to the House of Commons on 23 February 1736,
nine months after the original request (Stock, IV, p. 292).
Inasmuch as this Report was based upon information
freshly supplied by the Colonies it cannot have been
comprehensive, for the replies of Connecticut, Rhode
Island, North and South Carolina and Maryland all
arrived too late to be of any service (418-420, 422, 451).
Neither the Board nor the colonial Governors can be held
solely responsible for this delay. As on other occasions,
the arrangements for collecting information, however
satisfactory they might be on paper, broke down through
painfully slow communications. The Governor of Con-
necticut, for example, dated his reply to the Board on
18 October 1735, but it was not received until 12 April
(i).
xxvi COLONIAL PAPERS.
1736. Part of delays such as this may have occurred
after the letters reached the Custom House in London,
for in August 1735 we find the Board complaining to the
Commissioners of Customs that packets had lain there
for many months (63).
Although imperial affairs continued to bulk large in
Parliamentary business during the session of 1736 no
further demands for information were laid upon the
Board of Trade. It should, however, be noticed that
other Departments besides this one were made responsible
for supplying Parliament with intelligence relating to the
Colonies. In their examinations of the state of the sugar-
islands in 1735 and 1736 the Commons ordered the Com-
missioners of Customs to furnish commercial statistics of
various sorts. On 9 May 1735, for example, they called
for accounts of the trade in rum, sugar, molasses, lumber,
flour and other goods between the northern Colonies of
America on the one hand and the West Indian Colonies,
both British and foreign, on the other (Stock, IV, pp.
251-3). The Commissioners of Customs presented their
Report in March 1736, and later in the same session
were asked for information about chocolate imports
(ibid., pp. 300-1). The Commissioners of Excise were
likewise employed, particularly in connexion with the
proposal to place a heavy duty on the retailing of spirits.
On 3 April 1735 they were asked for an account of spirits
drawn from molasses in the seven years prior to 1734
(ibid., p. 247).
Governor Mathew's attempt to erect civil Governments
in the Virgin Islands has already been mentioned. The
scheme had been nipped in the bud by the Board of Trade
on the grounds that the creation of elected Legislatures
fell wholly within the Prerogative of the Crown. On
this occasion the home Government acted quickly to
suppress any attempt to force its hand. But at other
times it was less successful and found itself manoeuvred
into a position of having to give some kind of recognition
to acts by Colonial Assemblies or Governors which were
clearly ultra vires. Twice at least during the period
covered by this volume the Colonists succeeded in setting
INTRODUCTION. xxvii
up in the minds of the authorities at home a conflict
between the public interest on the one hand and the
Prerogative of the Crown on the other. One such conflict
concerned the troops sent to Jamaica to suppress the
negro disorders. The Assembly of that Colony, in making
provision for the pay of these troops, imposed penalties
on any Officer who recruited men on the Island. The
legal adviser of the Board of Trade pronounced this
clause extraordinary and unprecedented and a restraint
upon the Crown's Prerogative (124). The Board itself
admitted that it would be improper to allow recruitment
in the Island, and to disallow the Act would be to leave
the soldiers without provision. The Act had a duration
of only eighteen months so that, by the time the Board .
had come to a decision, it had almost expired. In these
circumstances the Board decided not to recommend
disallowance but to propose that an Order should be
sent to the Governor not to assent to any similar bill
(155). Just as the Legislature of Montserrat succeeded
in forcing the hand of the British Government by passing
the Act against trade with the French, so the outcome
of this episode can be regarded as, on the whole, a
victory for the Colonists.
The usual multitude of miscellaneous items appears in
this volume. The Governor of New York, President
Clarke, continued and finally won the battle against the
factious elements in the Colony led by Rip Van Dam and
Lewis Morris. The garrison in the Bahamas mutinied,
with every justification judging by the Governor's
account of the conditions the soldiers had to endure.
Wavell Smith, Secretary of the Leeward Islands, carried
on a dispute about the fees of his office which consumed
a great deal of time and lasted until 1739. These and
kindred topics of a more or less ephemeral nature bulk
large in the ensuing Documents, but it is not the purpose
of this Introduction to usurp the functions of the Index.
(1)
1735.
July 2.
Council
Chamber,
Whitehall.
July 3.
Whitehall.
JULY, 1735.
1. Order of Committee of Privy Council for Plantation
Affairs. Their Lordships taking into consideration a state of
Jamaica prepared by the Board of Trade etc., and finding that
the present distrest condition of the sd. island has arisen chiefly
from the want of a sufficient number of white inhabitants, and
that the great obstruction to the encrease of such inhabitants has
been owing to the granting exorbitant tracts of the most fertile
and best situated lands to a few of the inhabitants, by means
whereof there remains at present none for the reception of new-
comers, but what they must purchase at an extravagant price,
and their Ldps. finding likewise, that all the laws hitherto made
to prevent the same have proved ineffectual, did therefore think
proper to order, that the Lds. Commrs. for Trade taking to their
assistance the Attorney and Solicitor Genl. should prepare heads of
a bill proper to be past by the Council and Assembly of that
Island for the dispossessing the Proprietors of all such extensive
tracts of land as lye uncultivated in order to the granting the sd.
lands anew to such persons who will come to settle in the sd.
island, and cultivate the same within a limited time, and as this
appears to be the only means wch. can effectually provide for the
happiness and security of the sd. Island, the Committee doth
therefore farther order, that the sd. Lords Comrs. for Trade do
prepare a draught of an Additional Instruction to be given
hereupon to Governor Cunningham etc., directing him to recom-
mend to the Council and Assembly the passing an Act for the
purposes aforesaid and to acquaint them, that as H.M. has been
graciously pleased to comply with everything wch. they thought
necessary to request for the security and defence of the inhabitants,
so H.M. does expect, that they shall on their part comply with
such measures as H.M. judges necessary for their own happiness
and security, and that if they shall neglect or refuse the same,
that then the sd. Govr. do immediately inform H.M. thereof, that
the same may be laid before the Parliament of Great Britain etc.
Heads of said bill and draught of Instructions to be laid before the
Committee by the Board of Trade.
Signed, Ja. Vernon. Endorsed, Reed. Read 4th July, 1735.
H PP- [C.O. 137, 21. ff. 157, 157 v., 162 v. ; and 5, 36. jfjf.
38, 38 t>.].
2 . Order of Committee of Privy Council . Referring follow -
ing to the Council of Trade and Plantations for their opinion there-
upon. Signed, Ja. Vernon. Endorsed, Reed, (from Mr. Shelton)
5th, Read 10th Dec. 1735. 1$ pp. Enclosed,
COLONIAL PAPERS.
1735.
2. i. Petition of William Wragg and Samuel Deane, Mer-
chants, in behalf of themselves and others planters in
S. Carolina, to the Queen, Guardian of the Kingdom.
In 1713 petitioners and others undertook a design for
erecting several sawmills in S. Carolina, in which peti-
tioners spent near 3000, transporting thither for that
purpose persons from England and Holland, and pur-
chasing 6000 acres of land from the Lords Proprietors.
But the Indian war then coming on, and the Lords
Proprietors soon after shutting up the Land Office
prevented them from having the grant signed in due
form etc. The Province being now under H.M. Govern-
ment, pray for confirmation of said grant etc. Signed,
Wm. Wragg, Saml. Deane. Copy. l pp.
2. ii. Copy of grant of 6000 acres to John Danson by the
Lords Proprietors of Carolina, 29th Oct., 1713. Copy.
1 p. [(7.0. 5, 365. ff. 5254, 57 v.].
[July 3.] 3. Extract from a letter from Carolina. There is a bill
now depending in the Assembly for laying an additional duty
of 7 10s. per head on all negroes imported. Copies of the bills
are sent to London and Bristol, for accounts can't be sent too
early of an affair which, in its nature, will be so injurious to trade,
and which will lay the factors here under such severe difficulties,
before they can obtain redress from Great Britain. This last
consideration has never been sufficiently attended to, for it has
been a great, if not the chief encouragement to our Assemblys to
do extraordinary and unreasonable things because they have, in a
great measure, had their effects etc., before relief could be obtained.
Acts have been passed, and numbers of people have been injured,
nay sometimes ruined, before the acts could be repealed. The
mischiefe has been done, and the actors have passed without
notice or censure, and, on that account, are always ready to
persue the like measures. There is something very remarkable in
the Preamble of this Bill. You see to what a height our Assem-
blys are grown ! A Convention of people inferior in capacity,
estate, and all other qualifications requisite for lawgivers, to the
members of many a little Corporation in England, pronounce
themselves H.M. Faithful Commons, which, besides their pre-
sumption in using the style of the British Parliament, is nonsense,
and an abuse of forms, as we have no Lords, here, to justify
such a distinction. In the same Preamble they make profession
of their duty and submission to H.M. pleasure, and their willing-
ness to comply with his Instructions, when, at the same time, they
are passing an act which is a notorious and manifest contradiction
of several of those which are most material and important, to
the trade of Great Britain etc. Such a duty would be a very great
discouragement to the negroe trades, and does materially affect
the trade of Great Britain etc. The other reasons, which they
give in the Preamble for passing this act, viz., that it is to bring in
people, and to releive their distressed Protestant Brethren, is mere
grimace, and void of all manner of sincerity. If they were,
AMERICA AND WEST INDIES. 3
1735. [3]
really, influenced by any such humane and charitable motives,
why did they misapply the whole sinking fund (except 5000 per
annum) which H.M. had by his Instructions expressly directed to
be applyed for bringing in poor Protestants ? Why did they
enter into resolutions wholly to confine their bounty to Colo.
Purry's Swiss ? Why did they respect the proposals of Mr.
Wragg and Capt. Crokat ? etc. Endorsed, Reed, (from Mr. Wood),
Read 3rd July, 1735. Copy. If pp. [C.O. 5, 364. ff. 48,
48 v., 49 v.]
[July 3.] 4. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose, Address from the Council and Assembly of
Jamaica returning thanks for the sending over the Six Indepen-
dent Companies, to be laid before the King. [C.O. 138, 18.
p. 25.]
July 3. 5. President Ayscough to the Council of Trade and Planta-
Jamaica, tions. I have by this opportunity sent to your Lordships, the
Spanish Town. r , J ,, .yv , J . ./, ' , ,
rest 01 the Laws, pass d this last session ; with a plan annexed to
that for building of twelve barracks thro the Island, which
has been presented by Colonel Lilly, H.M. Chief Engineer here,
for whose further services, the country will have occasion, I hope
this Law will meet with your Lordships' approbation, which will
the more speedily receive H.M. Royall Assent. Signed, J.
Ayscough. Endorsed, Reed. 12th, Read 16th Dec., 1735. 1 p.
[C.O. 137, 21. ff. 230, 231 v.].
July 3. 6. President Ayscough to the Duke of Newcastle. Dupli-
Jamaica, C ate of preceding letter, mutatis mutandis. Signed, J. Ayscough.
rown - Endorsed, R. 31st Aug. 1 p. Enclosed,
6. i. A Plan of a defensible Barrack or Dwelling House,
intended for the use and security of such new settle-
ments as shall be carryed on near (or in danger of) the
rebellious negroes etc., Projected by Colo. Christian
Lilly, H.M. Chief Ingeneer of Jamaica, 1734. Plan
on scale of 70 feet. Note. " This project may likewise be
of use in any other of H.M. American Colonies." Con-
sists of a central hall communicating, oblong in shape
and with four dwelling rooms, thrown out at each
corner for flanking fire. 1 p.
6. ii. Explanation and Instructions for building above.
1 p. [C.O. 137, 55. ff. 199, 200 v., 201 v., 202].
July 4. 7. Mr. Wood to Mr. Popple. I send you, as I promised
Whitehall, yesterday a copy of the letter which I received from Bristol, in
answer to the Lords' proposal relating to the affairs of Carolina
depending before then* Lordships ; and have only to desire you
to observe to their Lordships what I repeated yesterday, that the
traders of Bristol, and many others the traders of this Kingdom,
were not parties to the agreement with Mr. Johnson, nor con-
cerned in making the answer to the Queries at the same time, tho'
ten times more interested in trade every year to Carolina, in
COLONIAL PAPERS.
1735. [7]
negroes, than those which did ; and that all dutys on negroes, or
any other commodities, either necessary or material for planting,
whether paid by the importer or purchaser, are very great dis-
couragements to the better settling of the Province, as well as to
the trade of this Kingdom. If this be, really, fact, as I conceive it
is, and has been shown in papers either laid before the Lords, or
given to you, I will not doubt but the Lords will, soon, come to a
determination upon this affair, which is so earnestly desired by
those traders for whom I am more immediately concerned ;
tho', give me leave to assure you, that, if I did not believe, at the
same time I am appearing in this affair for them, that the traders
were perfectly right, in their application with regard to the better
settling by the Province, and the trade of this Kingdom, I would
not have given either the Lords or you any trouble on this
occasion. Signed, Wm. Wood. Endorsed, Reed. Read 4th
July, 1735. 1 p. Enclosed,
7. i. Merchants of Bristol to Mr. Wood. Bristol, June 28,
1735. Abide by their petition to the King to disapprove
the Appropriation Act, S. Carolina, and to prevent any
duties being imposed on negroes imported. " By the
great importation of negroes for 14 years past into
Carolina there has been raised money more than suffi-
cient to have sunk the whole paper currency, or whole
debt owing in 1723, and to have answered much more
than the expence the Province has been at, since the
passing of the Appropriation law in paying the passages
of, and providing provisions for, any new settlers.
Since this is the case, since dutys on negroes are so
great a discouragement to our trade, consequently to
the better settlement of the Colony itself ; and since
so bad an use has been made of the agreement which the
London merchants came into, at the request of Mr.
Johnson, their young Governor, we have no manner of
incouragement to come into this proposal which, for
our parts, we cannot see for what end it is proposed to
us, or also can possibly be served by it, or who has
power over the Legislature of Carolina to render it
effectual etc. The determination made on Mr.
Cunningham's memorial was very surprizing to us etc.,
and we do desire you will request the Lords to make
their report forthwith etc. Signed, James Lambe,
Richd. Jefferis and six others. Copy. 1% pp. [C.O.
5, 364. ff. 46, 47, 47 v., 51 v.].
July 4. 8. Council of Trade and Plantations to the Committee of
Whitehall. H.M. Privy Council. Upon the petition of Richard Partridge,
1st May, represent that, " we have been attended upon this occasion
by Mr. Partridge, by whom we are informed, that this Colony
[Rhode Island], had formerly twelve cannon, most of which are now
unfit for service : that they have built a fort which cost them ten
thousand pounds of their currency, and have lately bought twenty-
four cannons which cost six hundred pounds ; and they now
AMERICA AND WEST INDIES. s
1735. [8]
desire to be supplyed with twenty more from 18 to 24 pounders
and twenty shot for each gun, which will compleat the number
requisite to furnish their fort etc. We are of opinion it would be
of service to the Colony if H.M. would be graciously pleased to
grant their request. [C.O. 5, 1294. pp. 80, 81].
July 4. 9. Mr. Popple to Lt. Governor Armstrong. My Lords Com-
Whitehall. missioners for Trade and Plantations, having read your letter of
the 29th Octor. 1733 have commanded me in answer to your com-
plaint of the French carrying on a great fishery at Cape Gaspy, to
acquaint you that Captain Fytche, Commander of H.M. Ship The
Sheerness, in his answer to several enquiries relating to the trade
and fishery at Canso for the year 1735, says, " there has resorted
to some of the Canso Islands several French fishermen and
inhabitants of Cape Breton, who kept this year 30 boats, and had
very great success, they have done it many years upon a pretence
of leave from the Governor." It is of great damage to our fishery
and contrary to the Treaty of Utrecht. And that their Lordships
are surprized to hear that any English Governor at Canso should
grant any such leave and that their Lordships desire to be truly
inform'd from you in this particular and advise you, that if any
such leave has been given, that you not only discontinue it for
the future but that you use your utmost endeavours to prevent
any encroachments upon the seas and coasts belonging to H.M.
Dominions. Their Lordships having received several complaints
from H.M. Consuls and Ministers in foreign parts of fish carry 'd
to the respective markets for sale, which has been very ill cured,
and as it appears that officers called cullers of fish have been
appointed in several ports under the Government of New England
to prevent such abuses, My Lords Commissioners desire you will
endeavour with the advice of the Commanders of H.M. Ships of
War attending the fishery at Canso, to appoint such an officer
there, without being oppressive to the fishermen and to give their
Lordships an immediate account of your success. [C.O. 218, 2.
pp. 18-20].
July 5. 10. Council of Trade of Plantations to the Committee of the
Whitehall. Privy Council. Upon the petition from Montserrat for cannon
and arms etc., referred to them on March 6, refer to their report of
July 24, 1734. [C.O. 153, 16. p. 4].
July 5. 11- Extract from letter from the Speaker of Assembly,
Antigua, to John Yeamans, Agent for the island. The Assembly
desire you to wait on the Rt. Honble., the Lords Commissioners
for Trade etc. and to return their Lordships the humble and hearty
thanks of the House for causing our laws to be printed, and for the
two books they have been pleased to order to be sent as gifts to
the Assembly and myself etc. We hope their Lordships will
continue to afford us their countenance and protection etc., and
particularly at this juncture employ their best endeavours to
relieve us from the miseries that we now lie under by the prices
of our commodities in England, which we apprehend can only be
& COLONIAL PAPERS.
1735. [11]
effected by granting us a liberty to export them directly from
hence to foreign marketts ; having the duties lessened on those
that are imported into Great Britain ; and taking off the 4| per
cent. etc. Endorsed, Reed, (from Mr. Yeamans). Read 16th
Sept., 1735. Copy. 1% pp. [C.O. 152, 20. ff. 167, 167v.,
168 v.]
July 9. 12. Order of Queen, Guardian of the Kingdom etc., in
Kensington. Council. Approving representation of Council of Trade and
Plantations upon Col. Horsey 's petition, and ordering that the
Governor of S. Carolina do cause a grant of 48,000 acres to be made
to him, his heirs etc. Signed, Ja. Vernon. Endorsed, Reed.
22nd Sept., Read 14th Oct., 1735. ff. 2f pp. [C.O. 5, 365.
ff. 1-2 v.}.
July 9. 1 3. Order of Same. Approving representation of Council of
Kensington. Trade and Plantations on petition of Thomas Rutherford, and
ordering that 12,000 acres of land in S. Carolina be surveyed and
set out to him as desired. Signed and endorsed as preceding.
1 pp. [C.O. 5, 365. ff. 3, 3 v., 4 v.].
July 9. 14. Order of Queen, Guardian of the Kingdom, in Council.
Kensington. Approving draught of Additional Instruction to Governor
Cunningham relating to a duty upon negroes. Signed, Ja.
Vernon. Endorsed, Reed. 18th Sept., Read 14th Oct., 1735.
2 pp. [C.O. 5 137, 22. ff. 2, 2 v., 3 .].
July 9. 15. Order of Queen, Guardian of the Kingdom, in Council.
Kensington. Approving report of the Committee, upon the memorial of
Governor Cunningham for a supply of salt provisions for the
troops, that, finding that the said troops do receive an additional
pay from the inhabitants etc., it is not reasonable there should be
any further additional allowance made to them on account of
provisions by Great Britain ; but that the Council and Assembly
of Jamaica may in lieu of the additional pay granted by the said
island, furnish such provisions to all the said troops, or such a
part of them as shall be actually upon duty, during their con-
tinuance upon duty, according as they shall judge necessary and
proper. Signed and endorsed as preceding. l pp. [C.O. 137,
22. ff. 5, 5 v., 10 .].
July 9. 16. Order of Queen etc. in Council. Approving the repre-
Kensington. sentation of the Council of Trade and dismissing the petition of
Sir Wm. Chapman and others for a grant of lands in America.
Signed and endorsed as preceding. 2% pp. [C.O. 388, 35. ff.
12 v.].
July 9. 17. Order of Queen etc. in Council. Approving additional
Kensington. Instruction to Governor Mathew, empowering him to pass a
new gunpowder act in St. Christopher. Signed, Ja. Vernon.
Endorsed, Reed. 22nd Sept., Read 4th Oct., 1735. \\ pp. [C.O.
152, 22. ff. 1, 1 v., 3 t;.].
AMERICA AND WEST INDIES. 7
1735.
July 9. 18. Order of Queen etc. in Council. Approving report of
Kensington. Council of Trade upon Act of St. Christopher, 1732, continuing
the dutys of gunpoivder etc., and repeating the same. Signed and
endorsed as preceding. 2% pp. [(7.0.152,22. ff. 2-3 v.].
July 9.
Whitehall.
19. Council of Trade and Plantations to Committee of
Privy Council. Pursuant to your Lordships' order of the 2nd
instant, we herewith transmit to your Lordships the heads of a
bill which we have prepared with the assistance of Mr. Fane, one
of H.M. Counsel, propose to be passed by the Council and Assembly
of Jamaica, for dispossessing the proprietors of all such extensive
tracts of lands as ly uncultivated in that Island in order to the
granting the said lands anew to such persons as shall come to
settle there, and cultivate the same within a limited time. We
also take leave to transmit to your Lordships the draught of an
Instruction which we have prepared for Governor Cunningham
etc., whereby he is directed to recommend, to the Council and
Assembly the passing an Act for the purposes aforesaid etc.
as below. Annexed,
19. i. Drafts of H.M. Additional Instructions to Governor
Cunningham, (30) Whereas it hath in all times been
a very great hindrance to the peopling and setaling of
Our Island of Jamaica, that large tracts of land have
been ingrossed by particular persons, great part whereof
still remains uncultivated, whereby the Island is
deprived of many inhabitants that would otherwise
have settled there, and have greatly contributed to the
security, wealth and defence thereof : now We having
taken the same into Our royal consideration, and being
especially minded to provide against so great an evil
for the future ; We do hereby in a very particular manner
recommend it to you to use your best endeavours to get
a law passed in the most effectual terms, for obliging
all persons already possessed of any lands in Our said
Island, to plant and cultivate, or to dispose of the same
to such persons as are willing to undertake the same,
and in default thereof, that such lands may revert to
Us, to be regranted for that purpose ; and you are to
acquaint the Council and Assembly that as we have
been graciously pleased to comply with everything,
which they thought necessary to request for the security
and defence of the inhabitants of Our said Island, so We
do expect that they shall on their part, comply with such
measures, as we judge necessary for their happyness and
security. But in case they shall be so little sensible
of their own welfare as to neglect or refuse the passing
the same into a law ; it is Our Will and Pleasure and
you are hereby directed to inform Us thereof, that the
same may be laid before Our Parliament of Great
Britain for their consideration.
(31) It is likewise Our Will and Pleasure that no
grant of land shall be made by you on Our behalf, to
COLONIAL PAPERS.
1735. [19 i.]
any person whatsoever already possessed of one thousand
acres or more, within Our said Island, and that no
person whatsoever shall for the future be capable of
holding by any grant hereafter to be made on Our behalf
more than 1000 acres as aforesaid, and that no grant be
for the future made but upon this express condition
that each grantee shall have and maintain one white
man for every hundred acres he shall have granted unto
him ; and that he do annually pay the usual quit rent
for every hundred acres so to be granted.
(32) And altho' the effectual peopling of Our said
Island as well as the defence thereof against the rebellious
negroes or any other enemies, does absolutely depend
upon the number of white inhabitants, for which purpose
a good law was enacted obliging the inhabitants to keep
and maintain a proportionable number of white servants
for the negroes they shall possess, which law was
confirmed in 1704. Yet we are given to understand
that Our people of Jamaica have been so negligent of
their own welfare in this particular, that by subsequent
laws they have allowed each inhabitant to keep a
greater proportion of negroes for every white servant,
and even for want thereof to pay an annual acknowledge-
ment in money, by which means, as also by teaching
handicraft trades to their own negroes, there are not at
present on the Island so many white inhabitants as there
formerly were. It is therefore Our Will and Pleasure,
and you are hereby directed not to give your assent upon
any pretence to any law whatsoever, for lessening the
proportion of white servants, as directed by the aforesaid
Act, confirmed in 1704.
19. ii. Proposals for a Bill for the better peopling and settling
the Island of Jamaica. That all land in any part of
Jamaica own'd by any person or persons, who have not
cultivated the same or shall not within [blank] after the
passing this Act, cultivate and settle the same, all such
uncultivated and unsettled lands to be declared for-
fited, and vested in H.M., His Heirs and successors,
to be dispos'd of to such persons as are willing to cultivate
and settle the same under the following or such like
restrictions and conditions ; every white person being a
Protestant and possess'd of one white man to have 100
acres. Every mulatto, Indian or negroe who shall have
been by Act of Assembly naturaliz'd and declared free,
to have upon the like conditions 100 acres. And for
every slave they shall afterwards purchase and keep upon
such tracts, 5 acres. That the Governor be impower'd
to grant to any person any tract of land not exceeding
1000 acres upon condition that within [blank] after the
date of this grant he shall settle and maintain thereon
one white man ; and that the next year he do settle and
maintain thereon another white man, and so annually
AMERICA AND WEST INDIES. 9
1735. [19 ii.]
until the whole proportion of one white man shall be
settled and maintained for every hundred acres. And
that in case of any failure in payment of quit rents, or
of maintaining the proper number of white men, all
lands granted shall again revert to the Crown, to be
regranted to such persons as are willing and able to settle
the same upon the conditions afore mentioned. [C.O.
138, 18. pp. 26-32.].
July 10. 20. Governor Johnston to Council of Trade and Plantations.
Cape Fear. My lord, I have the honour to send along with this a copy of the
heads of the Quit Rent Law, and a copy of the bill as it was, when
rejected by the Council ; your Lordships will no doubt observe the
reasons which induced the Council to lay it aside, viz., the paying
the King his rents in commodities, at so high a rate, and at so
many different landings, that the expence in collecting them
would have been intolerable, and in the end H.M. would not have
sixpence neat per 100 acres. I have likewise sent a copy of the
state of the blank patents the original of which I transmitted by
the way of South Carolina about six weeks ago, the gentlemen
concerned were very fond of representing their case to your
Lordships at first, but for what reasons I can't tell, they seem to be
so cool about it now that I am not able to guess whether they will
make any defence or not, but I hope this will not occasion any
delay in the orders I shall expect from your Lordships on this
subject, I have ordered four or five of the blank patents to be
proceeded against in H.M. Court of Exchequer lately erected
here, and shall be sure to send your Lordships a copy of the
proceedings as soon as matters are brought to any issue, several
of our people have begun very modestly to question whether H.M.
has a power to erect a Court of Exchequer here without an act of
their Assembly, their arguments are borrowed from a book
publish'd by Mr. Morris late Chief Justice of New York. As my
instructions are very plain and positive on this head, I shall not
trouble myself with any of their quibbles, it would not however be
amiss to send the opinions of some eminent lawyers on this
subject, it has been a great loss to me that I have never yet had
the opinion of the Attorney and Solicitor General concerning
the validity of our laws tho' it was laid before them eight months
before I left London. In my last I observ'd to your Lordships
that it was a great detriment to the revenue, that we had no
Receiver General who resided within the province ; when I order'd
the arrears of quit rents to be collected I found they began to raise
a clamour that as Mr. Hammerton resided in South Carolina, all
the ready money and bills of this country would be carried
thither; in order to take away all pretence for this complaint by
the advice of H.M. Council I appointed a Receiver who lives in
the province, untill the King's pleasure should be known, some
months after this upon Mr. Hammerton's coming into this
province I took care to acquaint him with the reasons of my pro-
ceeding which however were so far from satisfying him that he
immediately join'd himself to those very people who fomented the
10 COLONIAL PAPERS.
1735. [20J
above mentioned clamour, and who have left nothing undone to
prejudice H.M. revenue. At last he had the insolence to fix up an
advertisement discharging H.M. subjects from paying their
rents as requir'd by me in a proclamation publish'd last April.
He took care indeed to fly the province as soon as he had done
this, otherwise I should soon have made him sensible of his
presumption, but as this mad step of his may have a very bad
effect at so critical a time as this, as the people here want only a
handle for not paying their rents, and as it is the highest insult
to H.M. Government here, if it is not taken notice of in the manner
it deserves, I shall really think myself very hardly dealt by, if any
servant of the Crown is connived at, when guilty, of so gross an
affront, and of obstructing the service of H.M. in so unsettled a
colony as this is, it will be impossible ever to bring matters to a
happy settlement. I thank God I have no quarrel with anybody
in this country upon my own account. If I have any enemies,
they are enemies to the just rights and revenues of the Crown, and
while they remain such, their friendship shall never be courted by,
my lords, etc. Signed, Gab. Johnston. Endorsed, Reed. 10th
Oct., Read 14th Oct., 1735. Holograph. 3 pp. Enclosed,
20. i. Heads of an Act for providing H.M. a rent roll, for
securing H.M. quit rents and remission of arrears etc.
Same endorsement. 3 pp.
20. ii. Copy of above Bill. Same endorsement. 7 pp.
20. iii. Case of the Blank Patents etc. Duplicate of May 25.
9 pp. [G.O. 5, 294. jfjf. 214-215 v. t 216 V.-224 v.)
July 11. 21. Council of Trade and Plantations to the Committee of
Whitehall. Privy Council. They have reconsidered their report on the Act of
S. Carolina for appropriating 104,775 etc. They have been
attended on this occasion by merchants of London, and Mr. Wood
in behalf of the merchants of Bristol, who have offer'd their
reasons for the repeal of the said law, and by the Agent of S.
Carolina in support of the remonstrance of that Province.
Continue : Upon the whole, considering the unsettled state of the
paper credit in South Carolina, and the inconveniencies that might
arise both to the merchant and the planter by diverting the
present fund appropriated for sinking the said sum of
104,775 Is. 3^d. for which orders have been created and issued
bearing an interest of 5 p. cent : before another fund should be
settled for the same uses which would leave the Province destitute
of mony for the encouragement of new settlers or to make good
the engagements already contracted with the said Col. Purry for
setling a Colony of Swiss and other foreign Protestants in South
Carolina, we therefore take leave to propose to your Lordships
that the said act should for the present be suffered to lay by
probationary ; and that an Instruction be forthwith sent to the
Governor or Commander in Chief for the time being in South
Carolina to move the General Assembly there to pass a new law to
provide that the produce of the duties upon strong liquors and
negroes imported into that Province, commonly called the
Sinking Fund, be in the first place apply ed to the encourageuit.
AMERICA AND WEST INDIES. li
1735. [21]
and assistance of such foreigners and others being Protestants,
as shall go over and settle there ; and for applying the overplus
of the said duties, if any shall remain after the demands and
expences requisite for the service of such new settlers be fully
satisfyed, to discharge and sink the old paper bills which subsisted
in this Province in February 1723, at which time an Act was
passed there entituled An Act for calling in and sinking the paper
bills, to which service the said sinking fund was applyed before the
passing this Act commonly called the Appropriation Law in
August 1731. And that the Assembly do likewise make effectual
provision in the new Law for the payment and sinking of such
part of the said sum of 104,775 -Is. 3%d. as shall then remain
unpaid and extant in the aforesaid orders bearing an interest of
5 p. cent. But, if the Assembly shall refuse to comply with
these Instructions, we would then propose that the said Appro-
priation Act of the 20th of August 1731 may be immediately
repealed. In the meantime we take leave to transmit herewith
to your Lordships the draught of an Instruction that we have
prepared upon these heads for the Commander in Chief of South
Carolina, which if your Lordships should approve it may be
forthwith transmitted to that Province. Copy,
21. i. Draft of H.M. Additional Instructions to Mr. Broughton.
Whereas by the 20th article of our Instructions to Robert
Johnson Esq. late Governor of our said Province, he was
directed and empower'd to give his assent to some law
for suspending the design of a law passed in that
Province for calling in and sinking the paper
bills for the space of seven years, and for applying the
revenue arising thereby for the charge of surveying and
laying out townships or to the purchasing of tools,
provisions and other necessaries for any poor Protestants
that should be desirous to settle in our said Province.
And whereas by the act passed in 1731 for appropriating
the sum of 104,775 Is. 3%d. towards the payment of the
publick debts in consequence of our said Instruction the
whole revenue was not appropriated to the service of
new comers as it ought to have been. It is therefore
one Will and Pleasure that you endeavour to get a law
passed for altering so much of the aforesaid law as is not
consistent with the said 20th article of our aforesaid
Instructions : And that it be by the said law enacted
that during the continuance thereof, after the annual
service of the new comers is provided for, any overplus
that may remain shall be applyed to the discharge of the
old bills of credit, for which purpose the said duties were
originally given by the Act for calling in and sinking of
paper bills, passed in our said Province in 1723-4 : And
that provision may be likewise made in the said law,
for the payment and sinking of such part of the said
sum of 104,775 Is. 3^d. as shall then remain unpaid.
And you are further to signify to our Assembly that
unless they immediately comply with what is herein
12 COLONIAL PAPERS.
1735. [21 i.]
proposed, we shall disapprove the aforesaid Act for
appropriating the sum of 104,775 Is. 3^d. towards the
payment of the publick debts, but you are not hereby to
understand that we do by this Instruction in any wise
give you leave to suspend the design of the sinking fund
longer than the duration of the last mention'd law or
for continuing the duties for a longer term than that for
which they were originally granted by the aforesaid
Act of 1723. [(7.0. 5, 401. pp. 143-150].
July 11. 22. Capt. Coram to the Council of Trade and Plantations.
Reply to the Board's enquiries concerning his memorial of 1st
May. Imprimis. That for the necessary and speedy settling
Nova Scotia and Cat Island strongly with good protestant
inhabitants by properly encouraging foreign protestants as well
as Britains thereto who may be capable and willing to settle
themselves there at their own expence ; for as the former being
the northern British frontier province on the main of America
bordering on the French and many nations of Frenchifyed
fearce Indians where the winters are very long and extream
severe. And the later being the windermost or most easterly
good island of the Bahamas, and lyes greatly exposed to the
depredations of the French and Spaniards of Hispaniola and Cuba.
Therefore the best encouragements are the more absolutely
necessary for those who shall settle and to remain on both those
places, the great importance whereof to this Kingdome is best
known to yr. Lordships. That for the better and more effectual
carrying on and establishing the said necessary and advantageous
settlements to good effect, H.M. may be graciously pleased by His
royal Letters Patent to appoint and authorize some honble. and
experienced persons (some such have already declared their
willingness to accept, and to act in, without fee or regard, a trust
for that good purpose) together with the principal magistrates of
the Cherfe city's and towns in Great Britain interested in the
fishery and navigation and their proper deputies, to be trustees
for the directing and managing the affairs thereof in every respect
to the best advantage for the good of the said settlements,
without any particular interest or benefit to themselves, and govern
the same for such certain time as H.M. shall think fit for the
compleating thereof under a proper encouraging civil government
to be established by H.M., and to receive and dispose the charit-
able benefactions of well disposed persons who for that good
purpose would contribute librally into the hands of proper persons
of known integrity in whome they should be fully satisfied that
such their benefactions would be rightly applyed for the benefit of
the poor people whether our own or foreign protestants so to be
settled by their charity on the lands to be granted to them, and
that their children or posterity whether males or females should
enjoy the same after them, without any deprivation ; which
benefactions, as w r ould doubtless arise under such a trust properly
authorized, may amount to sums sufficient to defray the whole
expence of settling, planting and fortefying Nova Scotia and Cat
AMERICA AND WEST INDIES. 13
1735. [22]
Island in a secure and elegant manner without any need of
publick money for the same except a sum not exceeding eight or
ten thousand pounds at most for transporting the first settlers
and furnishing them with food and other proper necessarys at
their first beginning, as may more fully appear by the estemate
herein after stated. The memorialist humbley conceives that
for the proper encouragement of industry and emulation in
Nova Scotia and in Cat Island and for inviting industreous
protestants to settle there, the petitioners and others who shall
settle there, should when and as soon as each man, head of a
family, with his children or servants shall have well and fully
cultevated in the best manner of housbandry the first hundred
acres of land, or so much thereof as shall be fit and proper for
cultevation, which shall be laid out and granted to him, exclusive
of the King's highwayes, roads and streets which are to be first
laid out properly, and marked and recorded, he shall have a
second hundred acres of land laid out in like manner and granted
to him, and when and so soon as he shall have well and fully
cultevated in the best manner his second hundred acres of land
laid out and granted to him or so much thereof as shall be fit and
proper for cultevation, he shall have a third hundred acres of
land laid out and granted to him and so on from time to time as
fast as he shall well cultevate the land wch. shall be grant'd to
him, and the same to be upheld and maintain'd in the best
manner of housbandry until he shall have well cultevated nine
hundred acres of the land, if he can, then he shall have a tenth
hundred acres of land so laid out and granted to him, but no man
whatever to have or to hold more than one thousand acres of land
there in the whole, and that no person's land wt. ever shall be laid
out nearer than 200 feet of the sea at common high water, or any
navigable river or other navigable water, that space of 200 feet
being alwayes to remain free and common on the shoars of all
navigable waters for the publick use and conveniency of H.M.
subjects who shall be settled there. And for encouragement to
every such city or town in Great Britain which shall be appointed
in the trust as aforesaid, and such incorporated companys as may
be willing to promote the trade of this Kingdome they may have,
each, granted to them at any place they shall desire in Nova
Scotia, a tract of land two miles and half in length and breadth
and containing 4000 acres not in possession of any other settlers
before they send to receive and settle the same with such persons
and families as each city, town or company shall think fit to
place thereon for carrying on the fishery or other trade. That
no land there may be granted to any but Christian protestants
and that all such may at all times enjoy liberty of conscience.
That the Quitrents of the land in Nova Scotia may be paid in
good merchantable hemp and flax of the growth of the said
province fit for the use of H.M. Navy, and that the quitrents of
the land in Cat Island may be paid in good merchantable cotten
of the growth of the said island and that these commodeties
may each pass in current payments at an equitable price in the
respective place of its growth for the encouragement of industry.
14 COLONIAL PAPERS.
1735. [22]
That the civil government which the King shall be pleased to
establish in Nova Scotia and Cat Island under the care of the
trustees, for such term of years as H.M. may think sufficient for
compleating these settlements, may be such that the inhabitants
who shall settle there may at all times be effectually secure in
their persons and properties, and perfectly free from all arbitrary
and detestable useage by Governors, their officers and creatures,
who have dare'd to commit and practice such abuses on H.M.
subjects in the Plantations as our laws never yet allowed any of
our Sovereigns to do in England, especially from the intolerable
tyranecal oppressions exercised on H.M. subjects in Nova Scotia,
which from the conquest thereof anno 1710 to this time hath
prevented any good subjects from settling to remain in that
province. Wherefore the memorialist humbley conceives that
when the trustees shall send inhabitants to settle in Nova Scotia
and Cat Island they should substitute and authorize some fit
person or persons of known integrity and reputation to be their
deputy or deputys in the said places to direct and make the
proper settlements and lay out the portions of land to each
settled in the most free and ample manner for their encourage-
ment, and to do such other matters and things as shall be abso-
lutly necessary for the peace, well ordering and establishing the
said settlements. That the inhabitants who shall be freeholders
in Nova Scotia may annualy elect a proper number of the free-
holders to be their representatives or Lower House of their
Assembly, which Lower House shall, when duely convene'd by
order of the trustees, their substitute or president for the time
being, nominate a sufficient number of fit and able men, inhabi-
tants and proprietors of land in the said province to be councelors
or assistants to compose an upper House of the said Assembly and
also to be of council to the said substitute or president in all
matters and things relating to the said province, not to exceed
the number of 21 persons for councelors or assistants in the upper
House, and propose them to the said president for his approvation,
and in case he shall disallow and put his negative on any of them,
the House of Representatives shall nominate and propose other
sufficient men in their stead to the satisfaction of the said president
for composing the Upper House of the Assembly, which Assembly
shall have power with the assent of ye president for the time being
to make necessary by laws, for the good of the said province,
noways repugnant to the Laws of England, and to anull the same
when needfull. But the said president shall not preside, debate,
vote, nor be present in the Upper House whilst any bill shall be
debating on these. The said president to have power to convene,
prorogue and desolve the Assembly on all proper occations. The
president with the advice and consent of the Council shall annually
appoint, and oftener if needfull, judges, sheriffs, justices and other
officers of the Council and Courts of Justice, fair and timely notice
by summons allways to be first given. The Assembly to erect
judicatories to hear and determine all crimes and pleas whatever.
Also probats of wills and grant administerations. Also impose
necessary taxes on the inhabitants for the securety, defence and
AMERICA AND WEST INDIES. 15
1735. [22]
services of the said province, to be disposed of by warrant from
the said president and the Council, also to name and settle all civil
officers as shall be necessary. Appeals to the trustees in some
cases. The trustees' substitute or President, with seven or more
assistants, to be a Council, due notice to be always given. The
said President to command the militia, but no person to be
sent or transported out of the Province without their own consent,
neither may the Law Marshall be executd on any inhabitant
without the consent of the Council. That everything is to be
allowed and done in Cat Island after the same manner as near as
maybe and in proportion with Nova Scotia. That all trees in
Nova Scotia fit for masts for H.M. Navy may be preserved for
that use. All mines and mineralls which shall happen in the land
granted to any inhabitant shall be his or her property and that
all hunting, fishing and fowling of every sort and kind to be free to
them and their posterity. The memorialist further most humbly
conceives that by effectually encouraging the proper making and
establishing these necessary settlements, may in great measure
be a means to preserve H.M. in the masterdome of the sea, for
that as the French are very strongly fortifyed at Cape Briton and
consequently very numerous there and having all the nations of
Indians round about them in then* intrest and possession, it is
much to be apprehendd that even in time of peace they will
intercept the British Codd-fishing on the coasts of Nova Scotia,
and in case of a rupture with France, that whole province will
without doubt be utterly lost for want of good and faithfull
inhabitants. And as the French have already beat us clear out
of the indigo trade, and have unexpectedly disabled and over-
toped us in the suger trade, they want only a great and extend'd
navigation to establish a maritime force equal to any of their
neighbours, and as the most compendious way thereto is to beat
us out of the codd-fishing : if ever that should happen, it would
be the greatest blow that ever was given to the British navigation,
for we must necessarily decline as they advance, which may in
a very few years be attended with most fatal consequences to
Great Britain. Wherefore, if H.M. shall be pleasd to think the
memorialist a proper person to execute any commands for
accomplishing these important settlements as above proposed, he
will be ready to render his best services therein etc. Signed,
Thomas Coram. Endorsed, Reed., Read 15 July, 1735. 6 pp.
Enclosed,
22. i. An estimate of the necessary charge and expence of
transporting one hundred men and their families, sup-
posing two thirds of their number to have each a wife
and 3 children, apprentices or servants one with the
other being 366 persons in all (beside 34 young children
in their mother's arms) from London to Nova Scotia
and settling them there and furnishing them with
necessary tools and utensils, and materialls for building
their hutts, and cleaning, cultevating and planting the
land, and for subsisting them one year after their
arrival there.
16 COLONIAL PAPERS.
1735. [22 i.]
s. d.
For victuals in their passage thither to
be reckoned not less than three months
from their embarkation to their landing,
and for cask of all sorts to put the provis-
sions and fresh water in, and for coals or
other fuel to dress their victuals during
their voyage, and for the hire or freight of
shipping for their passage of 366 grown
persons (beside the 34 young children) for
them and their luggage at 4 Qs. Od. each
head 1464
For victuals to supply them one year
after their arrival in Nova Scotia, the
greatest part of it to be carryd from
England, computd at 6$d. p. diem for each
person except the said 34 young children .. 3618 1 3
For cask &c. for those provissions wh.
are to be carryd from England . . . . 90
For bedding for their voyage and after
in the Plantations and a great warm coat
for each man, and other garments for the
women at 20s. for each person . . . . 366
5538 1 3
Moreover it will be absolutely necessary for H.M.
service and for the well begining, security, defence, use
and prosperity of the Plantations to take from England
with the Colonys some things hereafter mentioned viz :
Great gunns, small arms, amunition, tents, &c., &c., &c.,
axes, saws, hoes, spades, shovels, scyths, ox-yoaks and
bows, logg chains, with other housbandry tools and
necessaries, handmills for corn and mault, bricks, tyles
and fire-stone for ovens, some necessary tools for
carpenters, masons, bricklayers, brick makers, wheel-
wrights, coopers, shoemakers, taylers, tanners, paveors
and some other usefull tools. A smith's forge and sea
coales, some bar iron flat and square and some steel,
locks, hinges and nailes of proper sorts, and other neces-
sary iron work, also iron potts and kettles, some copper,
brass, pewter, and tinn work, some earthen ware, grind
stones, lanthornes and glasses, a little glass and lead for
small windows, and some other lead for necessary uses,
handjack screws, cologn and other millstones, scales and
weights, measures wet and dry, some ropes, lines, and
tarpaulins and fishing tackle for fishing boats, medicines,
druggs and salves, surgeon's instruments, some good
seeds, plants and roots of the most usefull sorts, church
books and a little decent church furniture and children's
books, a small church clock and bell, two sun dyals for
the proper latitudes, some perticuler sorts of blankets
AMERICA AND WEST INDIES. 17
1735. [22 i.]
and other proper presents for the Indians, the whole of
this by computation may be purchased for about 2000.
Some other necessays proper to be had from New
England on their arrival in Nova Scotia vizt.
Sixty thousand feet of pine boards for
building hutts and one or more store houses
at 25s. sterling p. thousand feet . . . . 75
For 25 cows and 3 bulls at 55s. each . . 77
For 20 yoak or paire of working oxen for
drawing timber, timber loggs, stones, earth
&c. for building fortifications and for other
unavoydable occations in a new plantation
at 6 105. each pair or yoak of oxen . . 130
For 50 swine at 14s. each . . . . 35
For 60 goats at 55. each . . . . . . 15
For 50 dozen of geese, ducks and other
poultry at 6s. p. doz. one with the other 15
For necessary food to keepe these cattle
wth. the first winter 100
7985 1 3
The part of the boards, cattle &c. carryd from the main
land to Cat Island, will cost more than those carryd to
Nova Scotia which is much nearer, and, as seamen's
wages is of late become much greater, so the transporting
the inhabitants from hence will cost something more.
And also as there may be divers unforeseen necessary
charges and expences arise, not herein mention'd, yet
I humbly conceive the whole may be compleatly done
and performd for less than ten thousand pounds.
Signed, Thomas Coram. [(7.0. 217, 7. ff. 117120 v.,
121 v.].
July 13. 23. James Dillon to the King. I, ye subscriber of these few
Virginia, lines, am obliged through conscience and loyalty to give your
majesties to understand there is a most cruel and barbarous plot
designed against your most Sacred Persons and all your Royal
Issue, but I hope God of His infinite goodness will frustrate all
their wicked intentions and continue your majestie's throne in
this world with a long life and a happy and peacable reign that
you may vanquish and overcome all your enemies. I was drawn
into this conspiracy and was persuaided to transport my self
into this country for fear of a discovery made by me supposing
me to be easely perswaided and I thank God that I was not
snatcht away in my sin that I should be guilty of conceiling ye
destroyers of ye Lord's anointed, but it is easily prevented if your
majesties will send an order for your majestie's servant to come
home then your servant will make a full discovery of all, hopeing
your servant will enjoy your majestie's most gracious pardon and
it as been contriveing some time and ye time of acting of this
diabolical tragedie will not be expired yet for some time longer,
2 (1).
18
COLONIAL PAPERS.
July 14.
Whitehall.
1735. [23]
therefore your servant is ready at your majestie's call and ever will
remain your majestie's loyal subject unto death.
P.S. I am to be found at George Purrice on ye long branch of
Rappahannock river in Spotsylvania Country. Signed, James
Dillon. Holograph. Addressed. 1 p. [C.O. 5, 1337. ff. Ill,
178].
July 14. 24. Governor Belcher to the Duke of Newcastle. In May
Boston. i as t I reciev'd H.M. Additional Instruction, dated Nov. 30, 1733,
appointing Mr. Peagram Councillor extraordinary in New Hamp-
shire etc. This order has been a year and a half getting to my hands
etc. Encloses journal of Assembly of the Massachusetts Bay to
the close of their last sitting. Continues : And as a further
incouragement for the raising of hemp, they have given a liberty
to the inhabitants, for paying their taxes the two next successive
years in that commodity, and the country in general seems much
inclined to go upon raising it. I could therefore humbly hope for
your Grace's favour, that the people may recieve H.M. bounty in
the hemp seed I have mention'd etc. (v. June 28). Signed, J.
Belcher. Endorsed, R. 13th Sept. 3 pp. [C.O. 5, 899. ff.
173-174 v.].
25. Mr. Popple to John Willes, Attorney General. Encloses
proposals for a bill for the better peopling and settling of Jamaica
as July 9th. Concludes : My Lords desire you will consider the
same and give their Lordships an opportunity of conferring with
you at this office thereupon on Wednesday morning next at half
an hour past eleven. Annexed,
25. i. Heads of bill referred to in preceding. [C.O. 138, 18.
pp. 32-34].
July 17. 26. Council of Trade and Plantations to John Ayscough,
Whitehall. Commander in Chief at Jamaica. Acknowledge letters of 4th,
13th and 15th April, 20th Aug., 16th Sept., 21st Oct. and 2nd
Nov. 1734, 4th and llth Jan., 27th Feb., 22nd March and 16th
April last, with acts and papers enclosed. Continue : We do not
doubt but that you have us'd your utmost endeavours to suppress
the negroes in rebellion, as well as for the general safety of the
Island, but we do not find any act. of the Companies, sent to
Jamaica to be employ'd against the rebells have been sent out
against them except in your letter of the 27 of February last
notwithstanding you complain that in the quarters you assygn'd
them at Port Aiitonio, and among the Plantations they have
destroy'd their health and many of them lost their lives by
drinking of rum to a great excess ; these are evils which their officers
ought to endevour as much as possible to prevent and employing
them in the publick service is more likely to do it than by their
being idle and unemploy'd. By former accounts which have been
sent to this office, w r e have been informed that the Musqueto
Indians have been of service, when sent out against the negroes in
rebellion, from their being us'd to fighting in the same manner,
and therefore we are surpriz'd that you now represent them as
AMERICA AND WEST INDIES.
19
1735.
July 17.
Whitehall.
July 18.
Virginia.
[26]
weak of body and enur'd to fatigue, and therefore not fit for this
service ; upon this occasion we must inform you of a different
reason which has been assign'd, why the service of these Indians
has of late years been neglected by the people of Jamaica, and
that is, that the last time they were made use of, the promised
rewards were not made good to them, which ought to be always
punctually comply'd with ; whether this is so or not, we do
not take upon us to detirmine, but if it should, we cannot think
it a good reason for not desiring the assistance of those people who
have formerly been of service upon the like occasion. Upon this,
as well as upon some other parts of your letter, we should write
more at large, but that Mr. Cunningham, whom H.M. has thought
fit to appoint his Governor of Jamaica, will soon set out for his
Govert. of that Island with full powers and instructions, and capa-
citated, we hope, entirely to put an end to the rebellion, if not
already done. In the mean time, we must desire you will send us
as soon as possible, in order to be laid before the King, an acct.
of the present state of affaires, as also a particular account of the
present condition of the Independant Companies how many of
them are dead, and what steps have been taken towards prevent-
ing their destroying themselves by drinking of rum, as likewise
toward reducing the negroes in rebellion since your last letter.
We likewise desire you would point out to us what particular good
effects the putting of martial law in execution has had towards
your success against those rebellious negroes ; and that if you
send out any parties against them before your next letter to us,
you would inform us of the number and strength of the said
parties. So we bid you heartily farewell etc. [(7.0. 138, 18.
pp. 35-38].
27. Council of Trade and Plantations to the Committee of
Privy Council. Submit for confirmation 25 acts of the Massa-
chusetts Bay, passed Dec. 31, 1731 April, 1733, " no objection
arising to us against any of them during the time they have lain
by in our Office " etc. [C.O. 5, 917. pp. 125-128].
28. Lt. Governor Gooch to the Council of Trade and Planta-
tions. In obedience to the Board's command for sending annual
accounts of laws made, manufactures set up and trade carried on
in the Colony, transcribes account already sent, with alterations
for the last twelve months. Continues : And first, I know of no
law subsisting in this Government which can be said to affect the
British trade. The act for encouraging the making of linen cloth
made in 1730, which I then complied with, purely for the sake of
the present tobacco law then depending, is suspended in the
execution of it, till H.M. shall approve it. So that can do no harm,
and I hope your Lordships will give rrie leave to say I had rather
it should lie by, than be repealed. We have at York Town one
Potter's work, so very inconsiderable, that it has not lessened the
importation of such manufacture since it was sett up. There are
four ironworks in this Colony employed in running pig iron only,
which they send to Great Britain to be forged, and these works
20 COLONIAL PAPERS.
1735. [28]
are thought rather beneficial to the trade than inconsistent with
it ; forges for barr iron have been long talked of, but since the
first settlement there is but one in this Government, nor can I learn
any more are intended ; a sure sign the attempting to manufac-
ture iron for the use of the Plantations, more than is necessary for
agriculture and planting, for mending as well as making tools, is
a thing impracticable and unprofitable ; at the furnaces, as the
people call for them, they make pots, backs and and irons for fire
places. There is one air furnace at work, which does the same.
They have yet had no manner of success in either tinn, lead or
copper mines, though the searches have been very expensive to
many gentlemen. After the strictest enquiry, I can't find any
trade carried on to or from this country, but with our Mother
country, the British Islands in the West Indies, and the Island
of Madeira. To Great Britain is sent tobacco, pitch and tarr, with
skins and furrs bought of the Indians, and returned from thence
in goods and necessaries for the inhabitants. To the West
Indies is carried beef, pork and tobacco, exchanged for rumm and
molasses, and also Indian corn is exported thither. We fetch
our wine from the Madeira, purchased sometimes with Indian
corn, but mostly with bills of exchange. I am now to lay before
your Lordships an account of some new projects sett on foot there.
The first and principal is the proposal of one Mr. Ball, etc. as in
letter to Duke of Newcastle, infra, July 19th., No. 31. Continues :
Another manufacture begun here is that of wine, for which many
thousands vines of the kinds used by Mr. King at Brampton
Park have been sent over to his correspondant, Mr. Armistead,
and thrive exceedingly. But as this is the first year they have
borne grapes in any quantity, no judgment can yet be made of
this project, nor what alteration the change of climate may
occasion. However I am of opinion, that if this undertaking is
attended with success, it will be very beneficial to this country,
if not to Great Britain, and no ways prejudicial to its trade, for it
will lessen the importation of wine from the Madeira, which for
the most part is purchased by bills of exchange payable in London.
Encloses journals of Council etc. Signed, William Gooch.
Endorsed, Reed. 9th Oct., 1735, Read 7th Oct. 1736. 4 pp.
Enclosed,
28. i. Same to Same. On reading lately your Lordships'
representation to the House of Lords in Feb. 1734, I
found your Lordships had reported (of Virginia) several
laws then subsisting which were long before repealed,
that only excepted made in 1680 for raising a public
revenue for the support of the Government, and this
act, my Lords, was prepared in England, and had the
roial assent etc. The act mentioned in the Representa-
tion exempting Virginia owners from the payment of the
2. per hhd. and the Castle duty, now called Port duty,
of I5d. per tunn, were confirmed by the before-men-
tioned act etc., and was an antient priviledge granted to
the inhabitants, who by being obliged in their own
persons to appear under arms for the defence of the
AMERICA AND WEST INDIES. 21
1735. [28 i.]
country, were considered more favourably than those
who trade hither, and acquire great estates, and can't
otherwise contribute to the safety of the Colony,
than by that small duty. The act in 1663 concerning
foreign debts was repealed by his late majesty's express
order the 14th May, 1718. The act in 1664 for the
priority of payment to the country creditors was
repealed by an act of Assembly pass'd in 1705, and was
of no use whilst it subsisted, because the debts of the
country creditors upon a suspicion of insolvency would
always be recovered before any creditor in England
could hear of such insolvency. The act in 1705, which is
chap. 34th of that session of Assembly, was on the
earnest sollicitation of the British merchants to the King
repealed in 1730, tho' I believe it can't be proved that
any inhabitant of Great Britain was ever injured by it.
I p.
28. ii. Account of H.M. revenue of 25. per hhd. 25th Oct.,
1734 25th April, 1735, Showing balance of
5829 Os. 9d. Signed, and sworn to by, John Grymes,
Recr. Genl. Endorsed, Reed. 9th Oct., 1735. 2 pp.
28. iii. Proclamation for dissolving the Assembly, 1st May,
1735. Signed, William Gooch. Endorsed as preceding.
I p.
28. iv. Account of H.M. Revenue of Quitrents, 25th April
17341735. Showing balance of 5742 5s. 4d. Signed
and endorsed as encl. i. 4 pp. [C.O. 5, 1324. ff. 5-7,
8 v. 10, 11 v., 12 v. 14 v., 15 v ; and (abstract) 2 4 v.]
July 18. 29. Council of Trade and Plantations to President Dottin.
Whitehall. Having had under our consideration, some letters from the late
Ld. Howe, to whom we should have sent an answer, had he liv'd,
we take this opportunity of writing to you on some parts of them,
which relate to such laws as my Lord Howe conceiv'd proper to
be repeal'd, viz. : An Act concerning forestallers and Ingrossers of
Provisions, dated the 7th of May 1672 ; An Act entituled An Act
to prevent the inconveniency upon the Inhabitants of this Islands by
forestallers, Ingrossers and Regraters, dated the 29th of Nov. 1676 ;
An Act to prevent the exportation of horses and asses from this Island,
dated the 7th of September 1715 ; An Act entituled An Act for
laying an imposition or duty on all sugars, molasses, rum, cotton,
and ginger, imported into this Island which are not the natural
product, growth and manufacture of some of H.M. Colonies, dated
the 21st of March 1715. An Act entituled a Supplemental Act to
the last mentioned dated the 14th of May 1717. My Lord Howe
has represented these five Acts as very great cramps to the trade
of Barbados and has acquainted us, that the chief Planters and
merchants were of the same opinion. But that altho' the late
Act of Parliament pass'd here in 1733 entituled An Act for the
better securing and encouraging the trade of H.M. Sugar Colonies in
America had provided against the importation of sugar, rum and
molasses into Barbados, by which the two last acts were render'd
22
COLONIAL PAPERS.
1735.
July 19.
Virginia,
Wmsburg.
July 19.
Virginia,
Wmsburg.
[29]
needless with regard thereto, yet the importation of cotton not
being mention'd in the said Act, the same might be imported tho
not under the heavy duty of six pence p. pound, which almost
amounts to a prohibition of a commodity of which and much
greater quantity is requir'd, than is produc'd hi all the British
Colonies. Upon this occasion we have read the two first of these
laws, and as we do not find any objection to them, we desire you
will again consult the planters and merchants upon them as like-
wise upon the three others and send us your and their opinion
concerning them and also your particular reasons for proposing
their being repeal'd. In which case, you may likewise send over
an Act for that purpose (if it shall be thought necessary) to be
pass'd by you the Council and Assembly, but not without a
clause for suspending the execution of it, until the King's pleasure
shall be known, according to your 17th Instruction. In this
manner we shall have the whole matter fully before us, and no
time will be lost, in receiving H.M. directions upon an affaire
that my Lord Howe has represented of so much consequence to the
trade of Barbados. H.M. having been pleased to give directions,
upon the representation we made to him upon the necessity there
was of sending cannon and stores to Barbados, we desire you
will in your next letter inform us, what quantities of them have
been receiv'd, and that you will constantly, as often as occasion
shall offer, give us accounts of all transactions in your Govern-
ment. [(7.0. 29, 16. pp. 3841].
30. Lt. Governor Gooch to the Duke of Newcastle. The
season of the year calling upon me to forward to your Grace
the Journals of Council and other public transactions of this
Government, it is with much satisfaction I have the honour to
acquaint your Grace, they come attended with no animadversions
which require one moment's loss of your Grace's time, the same
quiet amongst the people, and the same harmony in the Govern-
ment which hath hitherto subsisted continuing still here, I have
only to add, the paper I have inclosed for your Grace's perusal,
and that I have received your Grace's dispatch with H.M. Addi-
tional Instruction for regulating the rank and precedency at the
Council Board of the present and future Surveyors General of
H.M. Customs in America which shall be punctually observed.
Signed, William Gooch. Endorsed, R. Oct. 9. Holograph.
1 p. [G.O. 5, 1337. 179, 180 v.].
31 . Same to Same. My design in this paper is to lay before
Your Grace an account of a new project sett on foot here for the
improvement of the trade and manufactures of this Colony ; to
which I was encouraged to hearken by the assurance the Projector
gave me, that it had been communicated to the Lords Commis-
sioners of Trade, who were pleased to approve of it so much, as to
promise him their assistance towards obtaining a patent for the
sole benefit of that trade for fourteen years. One Captn. Ball,
who resided some time in Brazil, and as he says, hath acquired
a perfect knowledge in the manner of curing and preparing the
tobacco there, so valueable in the European markets, as well
AMERICA AND WEST INDIES. 23
1735.
as on the coast of Guinea, where he hath also traded for several
years, proposes, and is very confident in it, that by curing and
preparing the tobacco of this country in the same manner, he can
give it all the qualitys both of substance and scent with that of the
best Brazil, and affirms, from the observations he has made of
the trade to Guinea and other parts of the African coast, that at
least six thousands hogsheads of such tobacco may be annually
vended there, besides supplying the demand of the Dutch, German
and other Europeans' markets. For what is carried to Africa, he
says the returns may be made in slaves, gold and teeth, and that
either of these may be had for this kind of tobacco alone, without
any other commodity, as is demonstrable from the trade carried
on with it by the Portuguese from Brazil. As this report from a
person willing to venture his all in the project seems to carry a
prospect of no small advantage to the tobacco trade in general,
no wonder, my Lord Duke, if many of the Gentlemen here, where
it can only be made, since no other Colony affords sweet scented
tobacco, are very desirous to become adventurers, and have
encouraged Mr. Ball, after an hearing before me in Council, to
make an experiment of his skill this very year, and he is now gone
to bring his family from Boston in New England, proposing to
return by the time the tobacco is fitt to be cutt down, so that I
hope by the latter ships I shall be able to send over a specimen of
this new manufacture. I thought it necessary to give your Grace
this early notice that in case the Projector makes the kind of
tobacco of the goodness proposed, your Grace may have the more
time to consider what encouragement may be fitt for promoting a
design which tends to the enlarging of the British trade and
navigation, and what regulations are necessary for that end,
as well on it's importations into Great Britain as on its being
sold in Africa. The Acts of Trade have allowed any of the
enumerated commodity s to be carried from any of H.M. Planta-
tions in Asia, Africa or America to any other British Plantation in
those parts, paying the dutys imposed by the Act of the 25th of
King Charles the second. But it seems doubtful what shall be
accounted a Plantation in Africa, unless a settlement be allowed
one, seeing there are only some small forts and factorys possessed
there by H.M. subjects and no officers appointed to give certifi-
cates for discharging the bonds to be taken on the exportation.
Another thing your Grace will be pleased to consider of is, that
the penny per pound payable on all tobacco exported to the
Plantations from Virginia and Maryland is now granted by patent
under the Great Seal to the College of William and Mary in this
country ; and if the trade to Africa should be increased by
this project, as no doubt it will, and the forts and factorys should
be deemed British Plantations, whether the College would not be
entitled to all that duty, if not otherwise directed by Act of
Parliament. Signed and endorsed as preceding. Holograph.
2 pp. [(7.0.5,1337. ff. 181-182 v.].
July 20. 32. Her Majesty's licence to Joseph and Ralph Gulston
Kensington. ^0 f e u ^rees in New England in pursuance of their contract with
24
COLONIAL PAPERS.
1735.
July 22.
Whitehall.
July 23.
Whitehall.
July 24.
Kensington.
July 24.
Whitehall.
[32]
the Commissioners of the Navy to bring over 17 ships' loadings, or
more if required between Lady Day next and Lady Day, 1741.
Charter and Act of Parliament quoted. H.M. Governors etc.
are to be ordering and assisting to them in the execution of this
service etc. Countersigned, Holies Newcastle. Copy. [C.O. 324,
36. ff. 508-511].
33. Mr. Popple to Mr. Attorney General. My Lords
Commissioners of Trade having this morning consider'd your
proposals for heads of a bill, for the better peopling and cultivating
the Island of Jamaica, command me to send you inclos'd your
proposals again ; as likewise a copy thereof, with some part
omitted, which my Lords are of opinion should not be inserted in
the Act, because the King's hands would be thereby tied up. I
likewise inclose to you, the draught of an Instruction to Mr.
Cunningham, which is to accompany the said proposals for the
heads of a bill ; my Lords desire you will reconsider this matter,
and as my Lord Fitzwalter will be your way, this evening, his
Lordship desires you will let me know where and at what time he
may find you and his Lordp. will call upon you either at your
house or your chambers. [C.O. 138, 18. pp. 38, 39].
34. Council of Trade and Plantations to the Lord Commis-
sioners of the Treasury. Enclose accounts of incidental charges
of the office, Lady Day to Midsummer, and request payment of
quarter's salaries now due. v. Journal. [C.O. 389, 37. pp.
363, 364].
35. Contract of R. and J. Gulston for supplying New
England masts etc. for the Navy etc. (v. July 20th). Signed,
Ralph Gulston, Joseph Gulston, Holies Newcastle. Copy.
[C.O. 329, 36. pp. 512-522].
36. Council of Trade and Plantations to the Committee of
Privy Council. Pursuant to your Lordships' desire, communi-
cated to us by the Earl Fitzwalter, we have reconsidered the
heads of a bill, which wee had prepared in order to be passed by
the Council and Assembly of Jamaica for the better peopling and
settling that island. We have conferred upon this occasion with
Mr. Attorney General and now take leave to transmit to your
Lordships fresh heads of a bill, which we have prepared with
his assistance etc. Annexed,
36. i. H.M. Additional Instruction to Governor Cunningham,
as July 9th, supra.
36. ii. Proposals for Heads of a bill for the better peopling and
cultivating the Island of Jamaica. That all lands in
any part of Jamaica now held by any person or persons
by or under any grant or grants from the Crown either
mediately or immediately, if not already cultivated,
shall, from the time of the making of this Act, be held
by such person or persons, subject to the following
conditions, that is to say, That all and every such person
AMERICA AND WEST INDIES. 25
1735. [36 ii.]
and persons shall within three years after the making of
this Act, constantly maintain and employ in the cultivat-
ing of the said lands one white man for every hundred
acres. And that if any such person or persons shall fail
in the performance of this condition, the grant or grants
from the Crown by which the said lands are holden, shall
from thenceforth be null and void to all intents and
purposes, and such person or persons, his, her and their
heirs and assignes shall from thenceforth and for ever
thereafter be divested of all his, her and their right and
title to the said lands, and the said lands shall be
immediately vested in H.M., His Heirs and Successors
in as full and ample a manner to all intents and pur-
poseses as if such grant or grants had never been made ;
and it shall and may be lawfull for H.M., His Heirs
and Successors to grant the same to any other person or
persons subject to the following conditions. That in
every future grant there be a condition expressly
inserted, that every such grantee, his heirs or assignes
shall within one year after the date thereof constantly
maintain and employ in the cultivating of the premises
thereby granted one white man, and that the year after
he do constantly maintain and employ in the cultivating
of the said premisses one other white man, and so
annually encreasing the number till he or they shall
maintain and employ in the cultivation of the said
premisses after the proportion of one white man for
every hundred acres. And in case such grantee, his
heirs or assignes shall fail in the performance of this
condition or any part thereof, that from thenceforth the
said grant shall be null and void to all intents and
purposes, and such grantee, his heirs or assignes shall
from thenceforth and for ever thereafter be divested of
all his and their right and title to the said thereby
granted premisses, and the same shall be immediately
vested in H.M., His Heirs or Successors in as full and
ample a manner to all intents and purposes as if such
grant had never been made, and it shall and may be
lawfull for H.M., His Heirs and Successors to grant the
same to any other person or persons, subject to the like
conditions. [C.O. 138, 18. pp. 39-46].
July 24. 37. Mr. Coope to the Council of Trade and Plantations.
Requests report in favour of Acts of St. Kitts for granting a duty
of 8s. pr. poll on negroes and 5 p.c. on rents of houses : and for
reducing the fee of 3s. per sheet taken by the Secry. as Clerk in
Chancery etc. Signed, Ri. Coope. Endorsed, Reed. Read 24th
July, 1735. 1 p. [C.O. 152, 21. ff. 74, 75 v.]
July 26. 38. Bishop of London to Mr. Popple. Good Sr., In the Instruc-
Fulham. tions of my Ld. How for the Government of Barbadoes, his Lordp.
had no particular direction to cause my Commission to be enter'd
20 COLONIAL PAPERS.
1735. [38]
in ye Records of that country ; and accordingly it is not enter'd to
this day. When my Commissary spoke to him about it, his
answer was, ' That if the Bishop of London would procure an
order or Instruction from the Board of Trade or ye Duke of
Newcastle, he would readily comply with it.' As a new Governour
is now to be sent, I desire that one article of his Instructions may
be, to enter that Commission ; for wch. I beg leave to depend
upon your care and friendship, and am, Sr., your faithful frd.
and servt., Signed, Edm. London. Endorsed, Reed. Read 29th
July, 1735. Addressed. Holograph. 1 p. [C.O. 28, 24. ff.
126, 129 v.].
July 29. 39. Mr. Furye to the Council of Trade and Plantations.
London. AS I have applyed to your Lordships etc. for an explanation of the
Instruction for settling the boundarys etc., encloses following,
which he hopes will free the Board from any farther trouble in
that matter etc. Signed, Peregre. Furye. Endorsed, Reed.
Read 29th July, 1735. 1 p. Enclosed,
39. i. Extract from letter from James Abercromby, Attorney
General S. Carolina, to Mr. Furye, 27th May, 1735. On
my return from Cape Fear in North Carolina, where I
have been as one of three Commissioners to settle the
boundary between this and that Province, which we
have been so lucky as to accomplish to general satis-
faction, and at last remove that bone of contention, I
had the pleasure of yours etc. Copy. p. [C.O. 5,
364. ff. 53, 54, 56 v.].
July 29. 40. Governor Mathew to Mr. Popple. Encloses act of
St.Christophers.Montserrat, which he was forced to reject, as it relates to the
shipping of Great Britain. Continues : As I cannot learn they
have fix'd on an Agent, I wish you would undertake this matter
for that poor island. There is not an inhabitant in three has a
musquet, they are very poor. This is the only way of their being
supply'd. What H.M. sends out must be a store in reserve not
to be touched, but on an actual invasion to replace what may be
broke and spoilt upon service. I also send an act of the island of
Nevis for raising a levy. The last clause seemd to me to clash
with H.M. Instructions, and I made difficultys on it, but just at
this juncture, I was unwilling to reject an act that is of so much
immediate concern to the island, however I wish you would obtain
and send me their Lordships' sentiments hereon, for my guidance
for hereafter. I send too an act of St. Christophers for obliging
hawkers etc. to take out licences, and an act of Antigua for
continuing publick works on repairs of cisterns, and lastly an
act of the island of St. Christophers for the better regulating
seamen. I have nothing to remark on these last more than what
is specify d in the respective preambles. I pray you will lay them
before their Lordships for their recommendation to H.M. etc.
Encloses Minutes of Council of Montserrat, 25th March 25th
June, 1735 ; and of Assembly, 16th April, May 31, 1735 ; Minutes
AMERICA AND WEST INDIES.
27
1735. [40]
of Assembly, Montserrat, June 28, 1729 Oct. 13, 1733. Signed,
William Mathew. Endorsed, Reed. 15th Sept., Read 12th Dec.,
1735. 2 pi). Enclosed,
40. i. Act of Montserrat for the better supplying this island
with small arms etc. Sept. 1734. Copy. Signed,
Charles Molineux, Clk. of Assembly ; John Molineux
Speaker ; Les. French, Clk. Council. Endorsed, 15th
Sept., 1735. If pp. [C.O. 152, 22. ff. 20-21, 22,
22 v., 25 v.].
July 30. 41. Order of Queen, Guardian of the Kingdom etc., in
Kensington. Council. Approving draft of Additional Instructions to Governor
of Jamaica concerning grants of lands. Signed, Ja. Vernon.
Endorsed, Reed. 22nd Sept., Read 14th Oct., 1735. 2 pp. [C.O.
137, 22. ff. 1, 1 v, 3 v.}.
July 31. 42. Governor Mathew to Mr. Popple. Encloses Treasurer's
St. Christophers.accounts of St. Kitts to 10th inst. On 24th April he gave Mr.
Smith's deputy at Antigua the list of papers Mr. Popple wrote to
him for, but Mr. Smith says they have not had leisure. Signed,
William Mathew. Endorsed, Reed. 15th Oct., Read 12th Dec.
1735. 1 p. Enclosed,
42. i. Powder Office accounts, St. Christophers, Jan. July,
1735. Endorsed, Reed. Oct. 15, 1735. 4 pp.
42. ii. Licences Duty account, St. Christophers, Jan.-July,
1735. Signed and sworn to by William Pym Burt,
Treas. Endorsed as preceding. 1 p.
42. iii. Liquor duty account, St. Christophers, Jan.-July,
1735. Signed and endorsed as preceding. 1 folded p.
[C.O. 152, 22. ff. 23, 24 v., 27-28 v., 29 V.-31 v.).
July 31.
Whitehall.
43. Council of Trade and Plantations to the Duke of
Newcastle. Upon looking into our books, we find, our predeces-
sors have sometimes found themselves under difficulties for want
of being informed of such commissions, orders or instructions as
may have passed in the Secretary's Office, for persons and matters
relating to the Plantations ; we therefore take leave to remind
your Grace of our letter of 22nd Aug., 1727, and to desire your
Grace would be pleased to give directions that for the future,
proper notice may be given to this Board, of all such commissions,
orders and instructions, or of any licences of absence given to any
of the Councillors in the Colonies, which we apprehend, will be
for H.M. service. Autograph signatures. 1 p. [C.O. 5, 5.
/. 123 ; and 324, 12. p. 123].
July 31.
July 31.
London.
44.
37, 24.
Abstract
/ 21 v.]
of letter from Lt. Governor Pitt. [C.O.
45. Daniel Vernezobre to the Council of Trade and Planta-
tions : "It is about a year ago, that a gentleman of my acquain-
tance is gone to settle with his familly at Parisbourg in South
Carolina, at which time I gave him under his care several people
COLONIAL PAPERS.
1735. [45]
to carry over at my own expence, with condition pr. agreement to
assign me over my proportion of the lands that should be so given
to him for my said servants " etc. As the said lands are in the said
gentleman's name, advantage might be taken of the Governor's
43rd Instruction reserving lands within six miles of the said town
to the inhabitants. Memorialist having already spent above
1000 sterl. on sending over people with tools, negroes etc., prays
that the new Governor may be instructed to transfer these lands
to his name etc. Signed, Daniel Vernezobre. Endorsed, Reed.
Read 8th Aug., 1735. This memorial not granted on account of
the 43rd Instruction to Col. Johnson. 1 large p. [C.O. 5, 364.
ff. 58, 63 .]
July 31. 46. H.M. Additional Instructions to Governor Cunningham.
Kensington. v g^h July, encl. i. The Instructions are here issued " in his
Majesty's name." Signed, C.R., C.R. [Carolina Regina, Gustos
Regni}. Copy. 3| pp. [C.O. 137, 55. ff. 153-154 v.].
Aug. 1.
Aug. 1.
Whitehall.
Aug. 1.
Whitehall.
47. Mr. Popple to Mr. Fane. Encloses, for his opinion in
point of law, four Acts of Bermuda, 1734. (i) for laying a duty
upon the whale fishery, for the use of H.E. the Governor in lieu of
the benefits formerly accrued to this said Excy. thereby ; (ii) to
prevent vexatious suits and limitting the time of returning executions
etc. (iii) for renewing the Act to prevent any person from having any
net exceeding 3^ fathoms, and to prevent hauling fish by any other
contrivance, (iv) for raising a sum of money for payment of the
publick debts. [C.O. 38, 8. pp. 177-179].
48. Same to Same. Encloses, for his opinion in point of
law, 8 acts of the Bahama Islands, 1734, 1735. [C.O. 24, 1.
p, 299].
49. Same to the Bishop of London. Has been instructed
by the Lords Commissioners to insert an article in the Instructions
of the Governor of Barbados, relating to this Commissary, as
desired by his Lordship 26th July. [C.O. 29, 16. p. 41].
Aug. 2. 50. Governor Mathew to Mr. Popple. Encloses Act of St.
St. Christophers.christophers for raising a levy, to be laid before the Board for
their recommendation to H.M. Signed, William Mathew.
Endorsed, Reed. 15th Oct., Read 12th Dec., 1735. 1 p. [C.O.
152, 22. ff. 32, 35 v.]
Aug. 2. 51 . President Dottin to the Council of Trade and Planta-
Barbados. tions. I had the honour of addressing your Lordships by the
Pilgrim. rg j. vesse i} that sailed from this Island after we had the misfortune
of loosing our worthy Governors Lord Howe, etc. His late Excel-
lency was pleas'd to signify to the Council he had directions from
your Lordships to make the best enquiry he cou'd concerning
H.M. right to the Island of Sta. Cruz, and desired the members of
that Board to get all the information they cou'd and acquaint
him thereof, to communicate to your Lordships, and his Excel-
lency likewise used his best endeavours for that purpose, but all
AMERICA AND WEST INDIES. 29
1735. [51]
he was able to procure was a deposition made before a Justice
of Peace here of one Captain William Dowding who is the only
person now on the Island that can give the best intelligence
concerning it. I have herewith sent your Lordships what he has
sworn relating thereto, which was not put under the seal because
his Excellency thought it wou'd not be very material, but I hope,
as General Mathew was the mover in this affair, he has been able
to give your Lordships full satisfaction. The people of this
Island were so fully sensible how much they owed to the memory
of their late Governor under whom they had enjoy 'd many
advantages, they therefore were resolved to shew their gratitude in
the best manner they were capable, and accordingly their repre-
sentatives proposed a law for manifesting the people's gratitude
and appropriating a sum of the public money for payment of his
Lordship's debts and for the use of her Ladyship, the preamble of
the act so fully sets forth the reasons for making it, that I shall
add no others, not doubting I shall have your Lordships' appro-
bation for assenting thereto, and pursuant to my instructions I
have sent your Lordships a copy thereof under the seal of the
Island, which I hope your Lordships will report to H.M. for his
approbation. The Minutes of Council I find have not been
transmitted for some time, occasion'd partly for want of a proper
conveyance, and from the deputy Secretary's being mistaken at
first, in the time they were last sent, they are now completed to
the sixteenth of April last beginning from the time they were last
transmitted, and I hope they will come safe to your hands. I
intended to have troubled your Lordships with this letter by
Capt. Duce who sailed the 12th of May last, but being taken
violently ill which continued on me for many months so that my
life was often dispair'd of, and not yet being perfectly recover'd,
was the reason of their not coming sooner. As your Lordships, I
am convinc'd, will ever afford your assistance in relieving this
Island from any hardships it may be under whenever you are
made acquainted therewith, I think it my duty to inform your
Lordships, that unless some means are speedily taken for the
better encouragement of our trade, it will not be possible for the
planters, who are greatly in debt, long to subsist, but as many of
them have ruin'd their plantations by runing off the Island with
their negroes, and land without stock is of little value, so it is
much to be feared others will follow their example, and in a few
years this Island will be possessed only by a small number and
not have strength enough to manure above a quarter of it. Our
produce of late years has scarce sold for more than it's cost and if
no profit ensues from great labour and industry, there will be a
temptation to give it over and let the land lye fallow. What
induced me to mention this to your Lordships was some new
hardships laid on the planters and shippers of our produce by
the Custom House Officers, which in general, for I will not trouble
your Lordships with the particulers, prove so destructive to the
trade, navigation and industry of the inhabitants of this place,
that if they continue to be enforced another year, the planters
will be tempted entirely to give up their trade rather than comply
30
COLONIAL PAPERS.
1735. [51]
Aug. 2.
Barbados.
Aug. 4.
Whitehall.
Aug. 6.
Whitehall.
with these impositions, if your Lordships are desirous of knowing
the particulars I believe the Commissioners of the Customs whose
Surveyor General has, I have heard, fairly represented these
inconveniences to them or the Agents of this Island will fully
inform your Lordships, and if their Honours will not give proper
relief, I presume to hope your Lordships will interpose in obtain-
ing it, and establish the method that has been followed in the
collection of the duty of four and a half p. cent from the time of
making the law which granted it. If a war should happen, your
Lordships will be pleas'd to think of applying to H.M. for such
assistance as is proper for the safety of this Island now in a very
defenceless condition and the inhabitants unable to raise a
currency to put it into better order nor to purchase necessary
small arms and accoutrements. I hope it will be consider 'd by
your Lordships as some consequence to it's mother country and
therefore deserving notice, and I doubt not your Lordships will
be able to prevail on H.M. to grant whatever is fit on such an
occasion. It will be a very great pleasure to me to be favour'd
with any of your Lordships' Commands, etc. Signed, James
Dottin. Endorsed, Reed. 7th Nov., Read llth Dec. 1735. 2
large pp. Enclosed,
51. i. The [deposition of William Do wding, 15th March 1735.
In 1695 deponent made a voyage in a sloop, of which he
was master, to the island of St. Thomas. He took notice
of some beef brought thither, which had been very lately
killed, and was informed that the inhabitants of St.
Thomas had been over to the island of Sta. Cruiz,
which deponent was then told was uninhabited, to
hunt and kill wild beasts, and that such beef was
brought from that island thither etc. Signed, Wm.
Dowding. Endorsed, Reed. 7th Nov. 1735. f p.
[C.O. 28, 24. ff. 130-132 (including abstract), 133-134,
137 v.].
52. President Dottin to the Duke of Newcastle. Repeats
gist of preceding covering letter. Signed, James Dottin.
Endorsed, R. 19th. 2% pp. [C.O. 28, 45. ff. 333-334 v.].
53. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, 26 acts of Virginia, 1734. Titles given. [C.O. 5,
10 "* pp. 126-130].
1366.
54. Council of Trade and Plantations to Committee of the
Privy Council. Report upon petition, Nov. 1, 1734, against
Act of New York to repeal the act granting duties for support of
Government etc. Having heard the Agent of petitioners and
consulted Mr. Fane, observe that clauses of this act provide for
duties of negroes imported, and on all European and East India
goods imported from the British Islands in the West Indies etc.
Continue : As these clauses are greatly prejudicial to the Trade
and Navigation of this Kingdom, and are likewise expressly
contrary to H.M. Instructions to the Governor, by which he is
AMERICA AND WEST INDIES. 31
1735. [54]
directed not to pass any act for imposing duties upon negroes
payable by the importer, or whereby the Trade or Navigation of
this Kingdom might be any ways affected, unless a clause be
inserted in such act for suspending the execution thereof till H.M.
pleasure should be known etc., we should for these reasons propose
to your Lordships that the act in question might be laid before
H.M. for his disallowance. But considering the inconveniencies
and confusion that might arise in the Provinces of New York, if
this act, which settles funds for the support of H.M. Government
there, should be repealed before other provisions are made for the
same purposes, we therefore humbly propose, that this act may
be suffered to ly by for the present, and that orders may be
immediately sent to H.M. Governor of New York to move the
Council and assembly of that Province, forthwith to pass a new
law for repealing the three foregoing clauses, and for providing
and settling other funds for like purposes not liable to the same
objections. We take leave to transmit the draught of such an
Instruction as we have prepared upon these heads for the Govr.
of New York, which if your Lordships should approve it, may
be immediately sent to him. But if the Council and Assembly
shall refuse to comply with this Instruction, we would then
propose that the act in question may be laid before H.M. for his
disallowance. Annexed,
54. i. Draft of H.M. Additional Instruction to Governor
Crosby. Whereas several merchants and traders of
Our City of Bristol have most humbly petitioned the
complaining of the Act referred to in preceding, etc., which
Act etc. is found to be directly contrary to the 18th
article of your Instructions etc. (v. preceding). It is
therefore Our express will and pleasure that you move
Our Council and Assembly of Our said Province, forth-
with to pass a new law for repealing the three above-
mentioned clauses, and for providing and settling other
funds for the like purposes not liable to the same objec-
tions, or at least that an exception be made in favour of
all goods whatsoever of the product or manufacture of
Great Britain ; and that no duty be laid on any slaves
imported payable by the importer, and you are also to
signify Our Royal Intention to Our Council and Assem-
bly of Our said Province that if they do not immediately
comply with this Our Instruction, we shall repeal the
act now complain'd of. [C.O. 5, 1126. pp. 1-7].
Aug. 8. 55. Council of Trade and Plantations to Governor
Whitehall. FitzwilHam. We have received your letters of the 5th of Decem-
ber 1733, 10th of February 1733/4, 2nd of July, 7th of Septr.
1734, and of 1 1th of March last, with the Acts and publick papers,
you therein mention to be inclosed. We find by your said letters,
that besides Mr. Jackson and Mr. Stewart whom you had sworn
into the Council of the Bahamas in the room of Mr. Thompson or
Mr. Rogers, you have likewise sworn in Mr. Hale in the room of the
late Mr. Hurst and Mr. John Thompson in the room of Mr,
32 COLONIAL PAPERS.
1735. [55]
Jackson, who refuses to act, and Mr. Loney, but you do not tell us,
in the room of which Councillor you have sworn in this last, by
which means we are at a loss to know of whom your present
Council consists : we therefore desire that in your next letter you
will send us an extract state of the Council, distinguishing who
are upon the Island, and as occasion happens we shall propose to
H.M. proper persons to supply vacancies, and shall have a due
regard to those you have recommended to us, for this purpose.
We have considered what you write concerning the state and
condition, of the Islands under your Government, as likewise
the wants of warlike stores therein : upon which occasion, we
have also had under our consideration the report signed by you
and which was to have been sign'd by the Engineer had he lived,
concerning the state of the forts and fortifications with the esti-
mate of the charge of compleating the whole, and supplying the
same with arms and stores ; this report was referred to us by
the Lords of the Council and so soon as we shall have throughly
considered the same, we shall make our report thereon ; but in
the meantime we must observe to you that altho* you did very
right to send your report to the Lord President ; yet you should
have remembred that according to your Instructions, you ought
to have sent to us likewise a duplicate of the said report, as you
are to do of all transactions in your Government ; and now that
we are upon the subject of your correspondence with us, we desire
that in all your future letters, you will constantly mention the
date of your preceeding, for without this necessary form, it is
impossible for us to know whether we received all the letters you
write to us, It will be likewise necessary that you inform us by
what ship you sent your preceding letters. But to return to the
subject of the Estimates now before us, we must inform you, that
altho the whole may be judged absolutely necessary yet it is to be
considered whether H.M. should be at so great an expence before
the purchase of the Islands is compleated. That matter now lies
before the Lords of the Treasury, and we hope will soon be deter-
mined. In your letter of the 2nd of July 1734, you mention
your having obliged all those who make salt to enter into bonds,
to pay upon demand to the Commander in Chief, one tenth part
of what they should get, for the use of the publick of these Islands.
But we do not observe that you have required the same bonds
for those who cut brazilletto, or other wood. And as to such
of the people who make any scruple of paying the said tenth part
of salt and wood upon account of their supposing that the king
has made the purchase ; you must acquaint them, that the king
purchases, whatever rights and profits the Proprietors had in the
Bahama Islands, and that any payments due to the Proprietors,
will become due to H.M. upon compleating the said purchase ;
wherefore we think you did very well to insist upon their entering
into bonds for the payment of their tenth, and desire you will
take care to take the same from such as scruple to pay, until the
purchase is compleated. We have sent the Acts you have passed
to one of H.M. Counsel at Law for his opinion in points of Law
thereupon ; and when we have received the same, we shall take
AMERICA AND WEST INDIES.
33
1735. [55]
Aug. 8.
Whitehall.
Aug. 8.
Whitehall.
the said Acts more immediately into consideration ; and in the
meantime we send you copies of those, that were pass'd by Captain
Rogers, with your remarks made on them before you left England
that you may consider the same ; and if you find any of them, not
at present consistent with the good of the Island you may pass a
Law to repeal them, always taking care that the Act repealing
or altering any of them have the suspending clause inserted
therein, according to your 40th Instruction ; upon this occasion
we can't help expressing our surprize at there appearing no
transcripts of them in the Islands : Notwithstanding which we
must observe to you that they are Laws in being, and are deposited
in our office, under the Great Seal of the Bahamas as such, and
therefore they require your particular consideration with regard
to the welfare and convenience of the Islands ; for this reason we
desire to hear from you upon this head. [C.O. 24, 1. pp.
300-305].
56. Mr. Popple to Wavell Smith. Genl. Mathew having
excused himself for not having sent over the transcripts of
papers required by his Instructions, alledging that you do not
furnish him therewith as you ought to do etc., I am to acquaint
you, that my Lords Commissioners do not conceive it proper to
admit of any delay, in H.M. business on account of any difficulties
you may have to furnish the Govr. with transcripts of such papers
as are necessary to be sent hither from you several officers, and
therefore their Lordships are determin'd, if any more complaint
of the like nature shoul'd be made to them, to lay a state of the
affair before H.M., and my Lords have wrote to Genl. Mathew to
give them an account from time to time, whether you furnish him
with such transcripts as are to be sent hither. [C.O. 153, 16.
p,5].
57. Council of Trade and Plantations to Lt. Governor Pitt.
Acknowledge letters of 13th Sept. 1733, 30th May and 10th Oct.,
1734, and 26th May and 5th Oct., last (sic rectiusllSl). Have sent
Acts transmitted therein to Mr. Fane etc . Continue : In your letter
of 5th Oct. 1734, you acquaint us, that there were three vacancies
in the Council and that by the violent indisposition of three others,
you were obliged to recommend Messrs. Darnell, Hunt and
Spofferth. You likewise say, that you shall be obliged to call
them to the Council, before you can receive their mandamus's.
Whereas in your letter of 26th May last, you only remind us of
your having recommended those three gentlemen to us, without
ever mentioning the names of those who were violently indis-
posed : By which omission of yours, we are neither informed of
the state of the Council nor can we recommend to H.M. those
gentlemen you have proposed to us ; and therefore we must desire
you will be more particular, in your manner of corresponding with
us for the future, and let us constantly know the names of such
members as die, or depart out of your Government, with or with-
out your licence for that purpose, that we may have an oppor-
tunity of considering who are proper persons to supply their
34
COLONIAL PAPERS.
1735. [57]
vacancies. We likewise desire you will constantly mention the
date of your last letter, and by whom sent, that we may know to
whom to charge neglects. Your letter of the 5th of Oct. 1734
not being delivered to this Office until the 31st of the last month.
[C.O, 38, 8. pp. 179-181].
Aug. 12. 58. Jermyn Wright to Mr. Popple. Encloses H.M. sign
manual appointing his father Chief Justice, S. Carolina etc.
Signed, Jermyn Wright. Endorsed, Reed. Read 14th Aug.,
1735. Addressed, f p. Enclosed,
58. i. H.M. Warrant for appointing Robert Wright Chief
Justice, S. Carolina, to hold " the said office during Our
pleasure, and his residence etc., together with all and
singular the rights, profits, priviledges, and emoluments
unto the said place belonging, etc., with full power and
authority to hold the Supreme Courts of Judicature,
at such places and times as the same may and ought to
be held within our said Province " etc. St. James's,
Nov. 30, 1730. Countersigned, Holies Newcastle. Copy.
1 p. [C.O. 5, 364. ff. 59, 60, 62, 62 v.]
Aug. 12.
Whitehall.
Aug. 13.
Whitehall.
59. Mr. Popple to Mr. Burchett. Complaint having been
made during the last war with France, that, " there had been
great irregularities in the manner of granting Commissions in the
Plantations to private ships of war," Instructions were thereupon
sent to all the Governors of the British Plantations in America
to govern themselves when " there should be occasion, according
to the Commissions and Instructions granted in this Kingdom,"
copies whereof were then sent to them ; This Instruction has been
continued to the Governors ever since, without alteration, but no
such copies sent or given to the Govrs. ; whereupon Mr. Mathew,
Govr. of the Leeward Islands, in a letter to my lords Commis-
sioners, having pray'd that the draught of the Commission and
Instructions may be sent him for his guidance therein, in case of a
war breaking out, My Lords Commissioners etc. commanded me
to desire, you will move the Rt. Honble. the Lords Commissioners
of the Admiralty, that draughts of such Commissions and Instruc-
tions, as are necessary to be given to private ships of war, when
any such are fitted out by the said Govrs., may be sent to this
office. [C.O. 324, 12. pp. 124, 125].
60. Council of Trade and Plantations to Governor Mathew.
Acknowledge letters from Nov. 5, 1733 May 5, 1735, and enclose
copy of Mr. Popple's letter to Wavell Smith (v. Aug. 8). Continue :
However we desire that you will from time to time send us an
account of his behaviour in this point, as likewise of his Deputies,
being determined not to suffer any delay in H.M. affairs, on
account of their neglect. We observe that in some of your letters
you complain of difficulties which you lye under for want of a
quorum, in the several Councils. We have therefore wrote to the
Duke of Newcastle etc. to desire he will give us constant accounts
when any Councillor shall apply to his Grace for H.M. licence to be
AMERICA AND WEST INDIES. 35
1735. [60]
absent, and we shall always inform you thereof. We have like-
wise wrote to Mr. Hodges and Mr. Roberts, the two Montserrat
Councillors now in England. Mr. Hodges having inform'd us,
that he does not know when, or whether he shall ever return to
that Island ; we shall immediately recommend another to supply
his place in the Council, and when we shall see Mr. Roberts, who
is now in the country, we shall come to some determination upon
his account. Having some time ago had under our consideration
the State and condition of the Leeward Islands with regard to
their want of stores, as likewise your letter to us upon this subject ;
we did lay before the Lords of the Council the list of Ordnance
and stores of war desired for the defence of the Leeward Islands
presented to us by the Agents of Antigua and St. Xtophers,
with our remarks thereupon part of the said stores not being
thought so immediately necessary for your service, and we
proposed their being sent to Antigua to be distributed amongst
the Leeward Islands in proportion to the number of the militia
in each of the said Islands respectively. In your letter of
ye 19th of March 173| you mention the sale of the Islands of Sta.
Cruz by the French to the Danes, and your apprehensions that
many of the poorer sort of people wou'd remove from Anguilla,
Spanish Town and Tortola and settle under the Danish Government
at Sta. Cruz, some from St. Xtophers having already done so.
Upon this occasion we have only to observe, that you must use
all possible legal means to prevent the same, and as to the sale of
this Island to the Danes, that matter together with our Represen-
tation thereupon, with what you have wrote upon the subject of
your 87th Instruction relating to the Danish settlements on St.
Thomas and St. John's, now lies before H.M. and when H.M.
shall have determined what is proper to be done upon this
subject, you will receive proper instructions from H.M. upon that
head. In your same letter you desire our advice upon the 40th
Article of your Instructions, vizt. whether, you are to acquaint us
with every removal of any militia officer or Justice of the Peace
within your Government ; we are of opinion that Instruction
relates only to the removal of civil officers and not the military.
We have sent a copy of that paragraph of your same letter, and of
your 78th Instruction relating to the Commissions and Instruc-
tions which you are to give to Capts. of ships in time of war, to
Mr. Burchet, Secry. to the Lords of the Admiralty that directions
may be given for furnishing you with copies accordingly. We
very much approve what you write, in your letter of the 1 8th of
April 1734, upon the subject of the Act you pass'd in Montserrat,
for the more speedy building a church in the parish of St. Anthony,
therefore we recommend it to you, to use your endeavours
to get some General Act pass'd in that Island, for putting the
several parishes in the Island not already regulated by vestries,
under the same regulation, and likewise that care be taken
therein, for making some annual provision for the parson. We
likewise approve your design, in getting the act pass'd for
encouraging the people to build houses within the several fortifi-
cations of Brimston Hill, Charles Fort, and Fort Londonderry,
36 COLONIAL PAPERS.
1735. [60]
which we think will be of great use to them, in case of being
invested by an enemy ; and when there is any prospect of a war.
you may depend upon receiving the most early intelligence we
can give you. As to what you say to the other act inclosed in
your same letter, for reducing the fee of three shill. a sheet taken
by Mr. Smith as Clerk in Chancery, we avoid giving any opinion
until Mr. Smith, who we find, is daily expected in this Kingdom,
shall arrive, altho' in general, we do approve your design of
reducing all fees to the bounds of moderation, according to the
46th Article of your Instructions, yet as this, is a particular case,
deemd by Mr. Smith his private property, and founded upon
custom, we think it proper to here what he may have to offer
against the Act, before we give any opinion upon it. We observe
what you write in your same letter, about a dilemma you appre-
hend you will be in, in case of a war, on account of their being no
law subsisting, to oblige the Islands under your Government to
furnish the proper quota in case any one of them should be
attack'd, except the old law you mention, in which the propor-
tions are ill made, but which law is now out of date. Upon this
occasion we cannot but observe that the common safety of these
Islands in general is very much concern'd, even in the attack of
one of them alone ; and as it is not certain which of them would be
first attack'd should a war break out, it seems a very proper time
to lay before them their common danger, which without doubt,
will induce them to come into some law, to proportion what
contributions, each Island shall make, in case of any danger.
And we desire you will inform us what success you meet with in
this particular ; and upon receiving your answer, we may then
consider what is proper to be done. As to the small vessel which
you represent as absolutely necessary not only to transport you
from island to island, and to prevent clandestine trade, but also
in case of danger ; to carry succours from one island to another,
my Lord FitzWalter has spoken to St. Charles Wager first Lord
Commissr. of the Admiralty and has inform'd us from him,
that Capt. Brand, Commander of the ships on your station, has
instructions from the Admiralty, that the sloop now at the
Leeward Islands shall carry you from island to island, and assist
you upon all necessary occasions, as need shall require, and this
we hope will answer, what you have thought wanting on this
subject. We cannot close our answer to this letter of yours
without telling you, that we very much approve your diligence
and care in the having obtain'd the act which was pass'd at
Antigua in 173-f for providing platforms, and cisterns of water,
for the use of H.M. ships of war there. Upon considering your
letter to us of the 17th of June 1734 in relation to the disorderly
inhabitants of Anguilla, Spanish Town and Tortola, we find among
the methods which you have proposed for bringing them into
better order, that you would issue writs for chusing persons there
to form something like an Assembly, and that to set up some form
of legislature, you would name a small number out of each island
to serve as Council to the Lieut. Govr. as this may be the most
effectual method to obtain the good end you propose, we desire
AMERICA AND WEST INDIES. 37
1735. [60]
you will in your next letter let us have your thoughts more at
large thereon, as likewise, whether you propose that the Virgin
Islands together may compose one little Government dependent
on your commission, or whether you propose, that the three
Islands you have named may each of them have their separate
legislature, and when you have done this, we shall turn the matter
more at large in our thoughts, in order to lay our opinion there-
upon before H.M., without whose express leave altho' you may
appoint Lieut. Govrs. you cannot establish a form of legislature in
those Islands, as it is an indulgence that depends alone upon the
prerogative of the Crown. For this reason we must desire you
likewise to inform us in your next letter, what establishments
there are at present subsisting in the Island of Tortola and by
what authority's for by the act, you lately sent us, passed there
the 23rd of Novr. 1734 entituled, An Act for punishing rebellious
negroes, and such of them as desert their masters services, and for the
better encouragement of such of the Christian inhabitants or slaves,
as shall apprehend, or take any such rebels as run away, so that
they may be brought to justice, it appears to have been pass'd by
you, as Capt. General of the Leeward Islands by and with the
advice and consent of the Council in Assembly of Tortola, an
island in which we did not know there was either Council or
Assembly subsisting, the act has a very good intent, and we hope
it may be attended with good consequences, and therefore we
shall at present take no other notice of it, than to let it lye by,
because any act passed by an unwarranted legislature, must in
course be declared null, and as such we ought to lay it before H.M.
if we were to take any notice of it, otherways than as an agreement
made by the inhabitants for their own safety, against their
negroes. And with regard to your other proposal of appointing
three or four justices to go thro' these islands once or twice a year,
as the Judges go the circuits in this Kingdom, it must be observed
that these judges give judgment in all cases according to the laws
of the kingdom wherein they are appointed ; but as none of the
Virgin Islands are govern'd by, or subject to the laws of any of
the Leeward Islands and have no laws of their own, except the
last mentioned, this proposal altho' very good in itself, must sleep,
until, upon what you shall further lay before us, we shall have
sent you H.M.'s immediate directions. In the same letter you
acquaint us, that when you communicated to the Assembly of
Antigua your 44th Instruction relating to the Court of Chancery,
they could not prepare the law thereby recommended, alledging
that they were at a loss to know which articles in the Act of
Antigua pass'd in 1728, entituled, An Act, to supply the defects of
a certain act of this island, entituled an Act, for constituting a Court
of Chancery in this Island and for folding Courts of Chancery in the
absence of the Commander in Chief of the Leeward Islands from this
Island, and for regulating the proceedings in Chancery causes and
for settling ye value of things in question on appeals to H.M. when
the value shall be doubtful were disapproved by the Board ; the
intention of this article of your instructions is very plain ; and
that the Assembly may no longer have any difficulty with relation
38 COLONIAL PAPERS.
1735. [60]
to the said act, we think it necessary to acquaint you, that we
have no objection to such parts thereof as relates simply to the
regulation of proceedings in the Court of Chancery, but we can by
no means approve that part thereof, which seems to attempt
to exclude all courts held in any other country except in Antigua
alone, from making decrees or orders in case of suits for lands,
tenements, and hereditaments, where the interest or thing sued
for shall lye in that Island, and in case of personal demands, where
the person of the defendant is resident in the said island, for
altho' this clause is not sufficient to exclude the jurisdiction of
any of the Courts of this Kingdom, yet it seems particularly
calculated against the jurisdiction of the Court of Chancery here,
which is an attempt never to be countenanced. We approve your
having removed the Clerk of the Assembly of St. Xtophers, for not
supplying you with the necessary copies of the journals to be
transmitted to this office, and we think you will do well to take
the same method when ever any officers will not obey the orders
enjoin'd by your Instructions, it being highly improper that the
King's affairs should suffer thro' their neglect or obstinacy. We
have given due weight to what you have represented concerning
the necessity of receiving a Powder Duty in the Islands under
your Government, and H.M. has already been pleased to approve
of two Instructions which we have laid before him, for allowing
you to give your consent to acts for this purpose at Antigua and
St. Xtophers, provided no leave is given thereby to commute
powder for mony, where powder may be had ; you will therefore
do well to be very cautious in not passing any Acts, with this
liberty, because they will immediately be repealed, and you will
gain H.M. displeasure. We have likewise prepared another
Instruction to allow you the same liberty at Montserat under the
same restriction, and we shall immediately lay the same before
H.M. for his approbation. Your salary Acts having, upon our
representations to H.M. been severally approved, we wish
you health to enjoy the same, etc. etc. [C.O. 153, 16. pp.
10-24].
Aug. 13. 61 . Council of Trade and Plantations to the Queen, Guardian
Whitehall. o f the Kingdom etc. Genl. Mathew hath represented to us, that
he finds himself under great difficulty to procure gunpowder
for the defence of H.M. island of Montserrat, from the restraint
he is laid under by his Instructions not to give his consent, to
any act which may affect the Trade and Navigation of this
Kingdom. Considering therefore the necessity of putting that
Colony into a state of defence and their own incapacity to purchase
such arms and military stores as are necessary for that purpose ;
we are humbly of opinion that your Majesty should be graciously
pleased to allow Mr. Mathew to pass an act in Montserrat for
levying a duty of gunpowder upon the tonnage of shipping trading
to that island etc. Enclose draft of Instruction to be immediately
transmitted to him. Annexed,
61. i. Draft of H.M. Additional Instruction to Governor
Mathew. Application having been made to Us to
AMERICA AND WEST INDIES. to
1735. [61 i.]
permit you to give your assent to an act etc., described
in preceding, and We being given to understand that it
has long been customary to levy a duty of gunpowder
upon the tonnage of shipping trading to the Leeward
Islands, which has been of great service in furnishing
their magazines with pow r der for their defence in times
of danger,, and that Our said island of Montserrat thro'
the great losses received from the French in the late
war, excessive droughts, and other misfortunes attend-
ing the inhabitants thereof, are become unable to
provide such a quantity of arms and ammunition as is
absolutely necessary for their defence in case of a war
breaking out in those parts, without some such assist-
ance, It is therefore Our will and pleasure that you do
give your assent to an act for that purpose in our said
Island, to continue in force for three years, provided
care be taken to oblige the proper officers for collecting
this duty to receive it in kind only, if gunpowder may
possibly be procured, and likewise that he be in that
case restrain'd from commuting gunpowder for money ;
But so far as the quantity of gunpowder shall fall short,
the duty may be made up in money, provided also that
all such money taken in lieu of gunpowder be applied to
the buying gunpowder or other stores of war for the
defence of the island, and of the ships trading thither
and to no other use or purpose whatsoever. [C.O. 153,
16. pp. 6-9].
[Aug. 13]. 62. Memorandum [? of Proposals] by Mr. Oglethorpe.
A letter from the Duke of Newcastle to Col. Broughton, Lt.
Governor of S. Carolina, that the Independant Company should
be removed to the Southward and quartered upon the island of
St. Simons under my inspection, and that he should recommend
it to the Assembly to give their assistance towards fortifying that
island to send down two hundred negroes to work for one year
upon building a fortress there, and farther, that he should consult
with me in matters relating to the safety and defence of Carolina,
and following directions therein. That his Grace would write
letters to all the other Governors of America, in the same manner
as he was so good as to do when I went last thither. That the
Deputy Governor of S. Carolina be instructed to recommend
to the Assembly to pass an act or acts for contracting with persons
of substance and ability for settling the townships and to give to
such person or persons, such parcels of lands with the townships
and within the six miles round the same and such other encourage-
ments and authority as the said Assembly shall find necessary for
the better peopling of the townships, and that the Deputy
Governor do sign grants pursuant to such acts or contracts,
provided always that the contractor or contractors shall be
obliged to settle six hundred white men, women and children in
the township for which they contract within six years from the
date of the grant, and to pay quit rents within ten years after
40
COLONIAL PAPERS.
Aug. 13.
Whitehall.
Aug. 13.
Whitehall.
1735. [62]
the date of the grants, on penalty of forfeiting lands proportionable
to the number deficient or quit rents not paid etc. Without date,
signature or address. Endorsed, R. from Mt. Oglethorpe. 1| pp.
[C.O. 5, 654. ff. 16, 16 v. t 17 v.].
63. Council of Trade and Plantations to the Commissioners
of Customs. It having frequently happened that packets directed
to our office, from ye Plantations in America have lain for many
months in the Custom House warehouse, to the great delay of
H.M. service, we desire you will please to give directions, that
whenever any such packets shall for the future be left in your
warehouse, our Secretary may be informed thereof. [C.O.
324, 12. p. 125],
64. Council of Trade and Plantations to Committee of
Privy Council. We have considered a petition of several mer-
chants of Bristol, complaining of an Act of New Jersey etc. for
the better support of that Government. We have consulted Mr.
Fane etc. upon this Act, who hath no objection to it in point of
law ; but having been attended by the Agent for the petitioners
as well as by the Agent for the Province of New Jersey, we take
leave upon the whole to acquaint your Lordships that in this
Act there is a clause, which imposes a duty of forty shillings for each
ton of Copper ore exported out of New Jersey to any of the neighbour-
ing Colonies, and not carried directly from thence to some port or
place in Great Britain to which the same may be lawfully conveyed.
But we are informed it is usual for ships to take in a certain
quantity of Copper Ore at New Jersey, with which they go to
New York, or some other neighbouring Province in order to
compleat their lading, and then sail to Great Britain, in which case
the Copper Ore taken in at New Jersey becomes liable to the duty
of forty shillings pr. ton, altho' it was never intended to be sold
in America. This therefore must be considered as a duty indirect-
ly laid upon the trade of this Kingdom, for which reason we should
humbly propose that this Law might be laid before Her Majesty
for her disallowance ; But considering that it might be of ill
consequence if the several provisions thereby made for support of
H.M. government should be set aside, before other means are
provided for the same purposes ; we are therefore of opinion that
this Act should be suffered to ly by for the present, and that the
Governor of New Jersey may be directed to move the General
Assembly of that Province to pass a new Law which may re-enact
the several clauses of this Act, with exception to that above-
mentioned whereby forty shillings pr. ton is laid on Copper ore
exported from New Jersey to the neighbouring Colonies and also
to make other provisions for the support of the Government,
instead of the said duty on Copper ore. [C.O. 5, 996. pp.
378-380].
Aug. 14. 65. Order of Committee of Council for Plantation Affairs.
Whitehall. Referring following to the Council of Trade and Plantations for
their report. Signed, W. Sharpe. Endorsed, Reed. 18th, Read
20th Aug., 1735. 1 p. Enclosed,
AMERICA AND WEST INDIES.
1735.
Aug. 14.
Whitehall.
Aug. 14.
Whitehall.
Aug. 14.
Whitehall.
65. i. Petition of the Trustees for establishing the Colony of
Georgia etc. to the Queen, guardian of the Kingdom etc.,
30th July, 1735. The protection of H.M. Province of
Georgia by well fortifying the same is of the greatest
importance to H.M. other Dominions on the Southern
part of America. Petitioners are now preparing to
make a new settlement for H.M. service which will
stand in great need of defence. Pray for H.M. directions
for delivery to petitioners as soon as possible of the
following : 24 peices of cannon from 6 to 18 pounds
with iron'd carriages and shott and iron for 2 spare
carriages ; 4 small long field peices with carriages ;
8 cohorns and granadoes ; 500 small arms and shott
cartouch boxes and moulds and flints ; 2 flaggs and 2
pendants ; 50 barrells of powder ; spunges, ladles,
rammers, crows etc. Signed, Benj. Martyn, Secry.
Copy. 1 p. [C.O. 5, 364. ff. 142, 143, 145 v.].
66. Mr. Popple to Mr. Fane. Encloses, for his opinion in
point of law, 22 Acts of New York, 1734, (enumerated). [C.O. 5,
1126. pp. 7-11].
67. Order of Committee of Privy Council. Referring
following to the Council of Trade and Plantations for their
report. Signed, W. Sharpe. Endorsed, Reed. 18th, Read 20th
Aug., 1735. f p. Enclosed,
67. i. Address of President, Council and Jamaica to the King,
praying for a supply of warlike stores. Copy of May
15, encl. i. [C.O. 137, 21. ff. 221, 222, 222 v., 224 v.]
68. Order of Committee of Privy Council. Referring
following to the Council of Trade and Plantations for their report
thereon. Signed, W. Sharpe. Endorsed, Reed. Read 25th
June, 1736. 1 p. Enclosed,
68. i. Petition of Samuel Wragg, of London, merchant and
one of the Council of S. Carolina under the late Lords
Proprietors, and of Joseph Wragg, his brother, one of
the present Council, to the Queen, Guardian of the
Kingdom, in Council. Samuel Wragg has with great
charge to himself procured upwards of 400 persons to
transport and settle themselves in Carolina, and has
continually traded to that Province as considerably as
any other person whatever. Petitioners having the
interest of that Colony at heart, and being desirous to
be assisting not only to Georgia but also to the settlement
Mr. Pury has made, desire that Samuel Wragg may
have 12,000 acres of land in Granvill County on the
River May, which were formerly granted to the Duke of
Beaufort and have since been surrendered to the
Crown ; and that Joseph Wragg may have other 12,000
acres in Wipiaw in Craven County, which were also
formerly granted to the said Duke, and are now become
42 COLONIAL PAPERS.
1735. [68 i.]
vacant lands, that they may plant and settle the same
and carry on trade with the aforesaid settlements of
Georgia and Mr. Pury etc. Signed, Sam. Wragg, Jos.
Wragg. Endorsed, Reed, (from Mr. Shelton), Read
25th June, 1736. 2 pp. [C.O. 5, 365. ff. 80, 81,
81 v., 82 .].
Aug. 14. 69. Order of Committee of Council. Referring following
Whitehall. o ^he Council of Trade and Plantations for their report thereon.
Signed, W. Sharpe. Endorsed, Reed. 18th Aug., Read 3rd Sept.,
1735. f p. Enclosed,
69. i. Address of the Council and Assembly of the Bahama
Islands to the King. Your most dutifull and loyal
subjects etc. most humbly beg leave to approach your
most sacred person with hearts unfeignedly thankfull
for the benefits we enjoy in common with your Majesty's
other British subjects under your most auspicious regign
and particularly for your Majesty's tender and paternal
regard to us in directing the right of the Proprietors and
Lessees of these islands to be purchased, from whence
we may further hope from your royal bounty a confirma-
tion of the titles of our lands as an encouragement to our
future industry. And among the many other marks of
your Majesty's royal favour we cannot esteem it the
least that your majesty has been graciously pleased to
appoint H. E. Richd. Fitzwilliam to preside over us
whose known attachment to the illustrious House of
Hanover, zeal to your Majty's. service and the welfare
of these islands, justness of administration and experience
and knowledge of the constitution and interest of your
Majesty's American Dominions cannot but make him a
very acceptable Governor to this infant colony. We
humbly pray leave to represent etc. that tho' we are and
shall at all times be ready to hazard our lives in the
defence of your undoubted right to these islands, yet we
humbly apprehend that unless your Majty. be graciously
pleased to direct that care be speedily taken to put
us in a better posture of defence than we are at present
[? or] our poor abilitys will permit us to put ourselves
and that some means be thought of to augment our
numbers which are at least one third diminished by a
contagion that has lately been among us it will be
impossible to prevent these islands which by their
scituation are of so great consequence to your Majesty
and the trade of Great Britain from falling into the
hands of any enemy that may invade us. May the
Divine Providence which has hitherto so conspicuously
directed your Majty's. Councils to the glory of your
reign and the good of all your Majty's. subjects preserve
your Majesty etc. Signed, J. Howell, Pres. Counc.,
James Scott, Speaker. Copy. 1| pp. [C.O. 23, 3.
ff. 133, 134, 134 v., 137 v.}
AMERICA AND WEST INDIES. 43
1735.
Aug. 15. 70. Mr. Popple to Mr. Fane. Encloses for his opinion in
Whitehall, point of law 5 Acts of Jamaica, (i) for imposing a duty on all rum
etc. retailed ; (ii) for raising several sums for subsisting the soldiers
etc. ; (iii) to oblige inhabitants to provide themselves with a sufficient
number of white people ; (iv) for putting the island under martial
law for a period not exceeding three months etc. ; (v) for enabling
Mary Howel, widow, executrix of Samuel Howell, to sell divers
messuages. Continues : You will observe a clause in the Act
for raising several sums etc., which lays a penalty on the officers
of H.M. Forces there for inlisting recruits amongst the people of
the island, which tho' it be done only with a political view, as
will appear more fully by the inclosed extract of the journal of
the Council in Jamaica yet as it restrains the Prerogative of the
Crown, I am to desire you will more particularly consider whether
this clause be agreeable to the laws of this kingdom. [C.O. 138,
18. p. 47]
Aug. 15. 71. President Ayscough to the Duke of Newcastle. I have
Jamaica, received information from one Benjamin Lee, a trader to New
Spanish Town. gp amj that a Spanish merchant, came from the Havanna to
Trinidad, which is about nine days journey by land, and came
there to trade with him on board his vessell, and informed him
that an English man of war about 60 guns struck upon the
Collorado's, as they were making their leeward passage through
the Gulph of Florida to England, and that they were obliged
to throw a great many of their guns overboard to lighten the ship,
and to get her off the sands and that they afterwards put in to the
Havanna in distress ; by the same person the Captain was des-
cribed to have had a wife and three daughters aboard, and a son a
lieutenant ; he further reports that it was on or about the fifth
day of July last that the ship put in there, and that in four days
afterwards, there came an express from the Court of Spam by the
way of Cadiz, to the Governour there, to seize all English ships
and vessells that should put in there, for that His Britannick
Majesty had assisted the King of Portugal with 25 sail of men of
war to protect them against the King of Spain, and that the same
merchant likewise inform'd him, that he would be detain'd when
he was refitted ; by this description he must mean Captain
O'Brien, Capt. of H.M. Ship the Rupert ; I thought it my duty
to give your Grace this advice by the first opportunity. The
truth of which circumstances, time will discover. Signed, J.
Ayscough. Endorsed, R. 19th Nov. 2 pp. [C.O. 137, 55. ff.
203, 204, 204 v.].
Aug. 16. 72. H.M. Commissioners of Customs to the Lords Commrs.
Custom House, for Trade and Plantations. We have the favour of your letter
London. Q f ^ e ^3^ i ns t an t; in relation to packetts directed for your
Lordships which may be brought to the Custom house warehouse
from the Plantations, and take leave to acquaint you, that the
warehouse keeper has had constant orders to give your Secretary
notice when any packets or parcels are brought into the warehouse
directed to your Lordships, and having repeated those orders, we
44 COLONIAL PAPERS.
1735. [72]
hope you will have no further occasion to complain. Signed,
Charles Peers, B. Fairfax, R. Corbet, Robt. Baylis. Endorsed,
Reed. Read 20th Aug. 1735. 1 p. [C.O. 323, 10. ff. 28, 29 t?].
Aug. 16. 73. President Ayscough to the Duke of Newcastle. I did
Jamaica, myself the honour, in a letter of the 22nd of June last, to acquaint
Spanish Town. y Qur Q race that the rebells abandon'd the settlements to Leeward
on their hearing that our parties were marching towards them,
where they surprized a serjeant and fifteen men, and there left
their ammunition, launces, cutlasses, and all their provisions.
Since that a party had the good fortune to come up with them
and routed, and killed two, wounded three, took four guns,
(formerly belonging to the soldiers in Colonel Hay's regiment)
seventeen cutlasses and their provisions, and obliged them to run
away into the woods, where they have taken their shelter, and
have not since been heard of. Another party from the north
side, of the Island, fitted out by Colonel Ely, the Coll' of that
regiment, have since attack'd the same body of the rebells, killed
a considerable number of them and took two alive, who shew'd
them the place where they were buried, amounting to fourteen in
number ; since that a sensible woman was taken who gives an
account, that she was with the rebells at that time, and that
above thirty were killed, and among their slain was a captain, the
particulars, I have enclosed to your Grace, another rebell was also
found in the woods, who was discovered to be one of their Obia
men or conjurers, and has since been tried and executed ; during
this last martial law we have kill'd wounded and taken in all
about fifty, according to these and other acts. By this oppor-
tunity I have sent to the Lords Commissioners for Trade etc.
the duplicates of the Laws passed this last session, that for
building of barracks is already put in execution, and the surveyors
sent all about the Island to lay out the ground, cut the roads, and
open a communication from one barrack to another, this being the
only expedient, that we can find out to distress and destroy the
rebells. The three months for which martial law was continued
are now expired. Signed, J. Ayscough. Endorsed, R. 15th Nov.
2 pp. [C.O. 205, 206, 206 v.}.
Aug. 16. 74. President Ayscough to the Council of Trade and Planta-
Jamaica, tions. Duplicate of preceding, mutatis mutandis. Signed, J.
Spanish Town. Ayscough. Endorsed, Reed. 17th Nov., Read llth Dec., 1735.
2 pp. [C.O. 137, 22. ff. 12-13 v.].
Aug. 18. 75. Her Majesty's Warrant granting William Dandridge,
Kensington. Member of Council of Virginia, leave of absence for 12 months
longer. Countersigned, Holies Newcastle. Copy. [C.O. 324, 36.
pp. 523, 524],
Aug. 18. 76. Warrant by the Queen, Guardian of the Kingdom etc.,
Kensington, granting leave of absence on his private affiairs for twelve months
longer to William Dandridge, Councillor of Virginia. Counter-
signed, Holies Newcastle. Copy. [C.O. 324, 50. pp. 85, 86].
AMERICA AND WEST INDIES.
45
1735.
Aug. 19.
Boston.
Aug. 20.
Whitehall.
Aug. 20.
New
Providence.
77. Governor Belcher to the Duke of Newcastle. Since I
had last the honour of addressing your Grace, nothing very
material has occurr'd in this or my other Government, respecting
H.M. service ; and this is only to acquaint your Grace, that by the
desire of several tribes of Indians near the western borders of this
Province, as well as at the request of this Assembly, I set forward
to-morrow on a journey of about 140 miles to meet the said
Indians, in order to bring them into a better subjection to the
Crown of Great Britain, and into a stricter friendship with H.M.
subjects of this Province and New Hampshire, which I hope may
tend to the growth and enlargement of these parts of the King's
Dominions etc. Will send a particular account on his return in
about three weeks. Signed, J. Belcher. Endorsed, R. 24th
Novr. 2 pp. [C.O. 5, 899. ff. 175, 175 v., 176 v.].
78. Mr. Popple to Mr. Fane,
point of law, 15 acts of Jamaica,
p. 48].
Encloses, for his opinion in
1734-1735. [C.O. 138, 18.
79. Governor Fitzwilliam to the Council of Trade and
Plantations. There has not anything happened here worthy of
your Lordships' notice, since my letter of llth March etc. This
only serves to enclose a deposition by Samuel Lawford etc.
(End. i), whereby your Lordships will observe our situation in this
part of the world with respect to the Spaniards, who daily take
our vessels, whereof I could give you many instances since I have
been here, but as those plundered and taken by them belong to
other colonys, I do not think it proper for me to enter into particu-
lars concerning them, so that I shall take leave only to assure you
that what is set forth in this protest may be depended on as fact ;
your Lordships may be likewise assured that this vessel was not
intended to touch upon any part of the Spanish coast, nor were
there any goods whatsoever on board her, that could induce the
master thereto. This poor man who has a wife and family to
maintain, is almost distracted, having lost the last shilling he had
in the world by this unlucky accident, therefore he resolved to fly
home to H.M. and the Parliament for redress, but I have after
long persuasions prevail'd upon him first to take my letter to the
Governor of Maracaybo, and to go thither to endeavour to get his
sloop again, which I think impossible for him, the Governor, with
the least colour of justice, to condemn, since there was not even
one piece of eight on board her. P.S. I have by the same con-
veyance that this goes to the Continent for a passage home, wrote
to the Duke of Newcastle concerning this affair. The value of the
sloop and cargo was at least 1300 sterl., etc. Will transmit
Council journals, lists of shipping and Treasurer's accounts by
next opportunity etc. Signed, Rd. Fitzwilliam. Endorsed,
Reed. 12th April, Read 25th June, 1726. (Duplicate, original
not reed.) If pp. [C.O. 23, 3. ff. 138, 138 v., 139 v.].
Aug. 21. 80. Privy Seal directing payment of salaries to the Commis-
Westminster. gjoners and under officers in the Commission for Trade and
46
COLONIAL PAPERS.
1735.
Aug. 23.
Whitehall.
Aug. 26.
Whitehall.
[80]
Plantations.
1735. 4pp.
Copy. Endorsed, Reed. Nov. , Read 28th Nov.
[C.O. 388. 80. ff. 144145 v., 146 r.].
81. Mr. Popple to Mr. Attorney General. I send you by
orders of my Lords Commissioners for Trade and Plantations, a
scheme for erecting a sort of a bank at Boston in the Massachusetts
Bay for circulating cash notes. Their Lordships desire you will
consider thereof, and let them have your opinion in point of law,
how far the same is legal. If you should be of opinion that it is
not so ; I am then to desire your further opinion, what will be the
proper method to put a stop thereto. My Lords Commissioners
being desirous of talking with you upon this subject, when you
have considered the same, their Lordps. will appoint any day that
will be most convenient for you, upon your giving me notice
thereof. To save time I have sent you the original scheme, and
therefore I must desire you will please to return it again when you
make your report thereon. [(7.0. 5, 917. p. 129]
82. Council of Trade and Plantations to the Committee of
Privy Council. We have considered the memorial of Jonathan
Belcher junr. in behalf of his father Jonathan Belcher Esq., H.M.
Governor of the Massachusetts Bay in New England, humbly
praying, for the reasons therein contained, that Her Majesty
would be graciously pleased to permit the said Governor to give
his. assent to a bill passed by the Assembly of that Province on the
seventh day of June last ; for granting to H.M. the sum of three
thousand pounds in bills of credit, to be paid to the said Governor
for his support, from which he is at present restrained by the 27th
Article of his Instructions ; and that Her Majesty would be like-
wise pleased to grant the said Governor a General licence for
receiving his support for the future as it may be raised from time
to time by the Assembly, provided the sum does not fall below
the sums granted him by former Assemblies ever since the
appointment of H.M. said Governor. Upon this occasion we have
revised the 27th Article of H.M. Instructions to His Governor of
New England, and having considered all that hath passed from
time to time upon this subject, we take leave to acquaint your
Lordships, that whilst the said 27th Article of the Governor's
Instructions subsists we cannot be of opinion that Her Majesty
should be advised any longer to permit Mr. Belcher to give his
assent to the above mentioned bill passed by the Assembly of the
Massachusetts Bay on the 7th day of June last ; and much less
to grant him a general licence to receive his support as it may be
raised from time to time by the Assembly, in the manner set forth
in this memorial. But we are humbly of opinion that the said
27th article of the Governor's Instructions should be repealed,
because we apprehend it cannot be supported by any construction
of the words in the Charter granted to the Massachusetts Bay ;
If your Lordships shall be of this opinion, we have then no objec-
tion why Her Majesty may not be graciously pleased to allow
Mr. Belcher to pass this Annual Act, and to grant him the genl.
licence he has petition'^ for. But we think it would be much
AMERICA AND WEST INDIES.
47
1735.
Aug. 26.
Admiralty
Office.
Aug. 27.
Whitehall.
Aug. 27.
Whitehall.
[82]
more for H.M. service as well as for the honour and dignity of his
Govt. in that Province of H.M. should be pleased to settle a fixed
salary of 1000 p. annum upon the Governor for the time being,
payable out of some of H.M. Plantation Revenues, or in such
manner as H.M. shall think fit, by which means the Governor will
become entirely independant of the people, and no longer laid
under any temptation of giveing up the Prerogative of the
Crown, or sacrificeing the interest of Great Britain to any private
advantage. [C.O. 5, 917. pp. 130132].
83. Mr. Burchett to Mr. Popple. Inclosed I send you a
copy of a letter of marque, as also of the instructions given to
such persons who receive letters of marque, which you will please
to communicate to the Lords Commissioners of Trade. Signed,
J. Burchett. Endorsed, Reed. 28th Aug., Read 3rd Sept., 1735.
| p. Enclosed,
83 i. A letter of marque or Commission for a private man of
war against Spain etc. Jan. 1719. Endorsed, Reed.
28th Aug. 1735. Copy. 4f pp.
83 ii. Instructions for holders of letters of marque etc. Jan.
1719. Copy. 101 pp . ^c.O. 323, 10. ff. 31, 32-33,
35 v.-41 v.]
84. Council of Trade and Plantations to the Committee of
the Privy Council. In reply to 14th instant referring to the
Board an address from Jamaica for military stores, refer to their
report of 12th June last, " which contains all that we could now
offer to your Lordships upon the present address." [C.O. 138,
18. p. 49].
85. Council of Trade and Plantations to the Queen, Guardian
of the Kingdom and H.M. Lieut, within the same. We have
received a letter from Mr. Belcher, H.M. Governor of the Province
of the Massachusetts Bay, dated the 9th of January last, wherein
he informs us, that the Assembly of that Province have, upon his
repeated recommendations, voted a supply of a considerable sum
of money for the repair of Castle William, and the addition of new
works to that fortress : but as there is no engineer in this Province
capable of making fortifications, he desires that Majr. Paul
Mascarene, a Captain in Coll. Philipps's regiment, now in Garrison
at Annapolis Royal in Nova Scotia, who was employed by the
officer of Ordnance as Engineer in Nova Scotia, for eight years
together whilst the fortifications were repairing in that Province,
may now be sent to repaire H.M. fortifications in the Province of
the Massachusetts Bay ; whereupon, considering the necessity
and importance of this service, we humbly take leave to propose
that Major Mascarene may have leave to be absent from his
regiment for eighteen months, without prejudice to his rank or
pay in the said regiment, and that he may receive proper direc-
tions from the Office of Ordnance to attend the service of H.M.
fortifications in the Province of the Massachusetts Bay during
that time. [C.O. 5, 917. pp. 133, 134].
48 COLONIAL PAPERS.
1735.
Aug. 28. 86. Council of Trade and Plantations to the Queen, Guardian
Whitehall, of the Kingdom etc. We have received a letter from Col. Cosby,
H.M. Governor of the Province of New York, dated the 6th of Dec.
last, in which he complains of the factious disaffected and illegal
behaviour of Mr. James Alexander, a Member of H.M. Councils
in New York and New Jersey, Lewis Morris late Chief Justice in
the Province of New York, and a member of H.M. Council in New
Jersey, and Rip Van Dam Esq. late Commander in Chief and
President of the Council at New York, which complaints are
supported by several papers printed at New York and by a report
of H.M. Council there, transmitted to us upon this occasion by Col.
Cosby. Colo. Cosby acquaints us in his letter, that the said
Alexander and his party have set up a printing Press at New York,
where the most virulent libels and most abusive pamphlets,
published against the Ministry and other persons of honour in
England, have been reprinted, with such alterations as serve to
inflame the people against the several branches of the Legislature,
and the administration in that Province. That factious cabals
are secretly held several times a week in New York at which
Alexander is always present, as Morris was before his coming
privately to England. That a black and malicious attempt
hath been made by the said Alexander against Mr. Harrison, a
member of H.M. Council at New York, and a person of known
loyalty, by charging him with a capital crime, of which he hath
been fully acquitted by a Committee of H.M. Council and by the
Grand Jury in that Province, who refused to find the bill against
him, upon the affidavits of the said Alexander, and one Smith,
who acted in concert with him upon that occasion. That the
said Morris, whilst President of the Council in the Province of New
Jersey, acted in the most arbitrary manner, having turn'd out
several loyal old servants and officers without consent of the said
Council, in contempt of H.M. Instructions, to make way for his
near relations ; that he had sat and acted as Chancellour, and
made a decree without giving regular notice, or hearing the parties
concern'd, and that nevertheless he hath loudly declaimed, both
in New York and New Jersey, against H.M. Governours who have
sat as Chancellors, affirming publickly that no decrees of the
Chancery or any other Court of Equity were binding on the
subject, and that H.M. had no right to establish any such Court in
those Provinces. Col. Cosby further acquaints us that Rip Van
Dam, Morris, Alexander and others of their party, appear by
their behaviour to be disaffected to H.M. Government, and are
dayly exciting the people to sedition and riot ; for which reasons
we take leave humbly to propose to your Majesty, that the said
Van Dam may be deprived of his seat in H.M. Council of New
York, the said Morris of his seat in the Council of New Jersey, and
the said Alexander of his seats in both those Councils, and that
John Moor and Paul Richards Esqyrs. may be appointed of H.M.
Council in New York, in the room of Rip Van Dam and James
Alexander ; and that Robert Lettice Hooper, Chief Justice of the
Province of New Jersey, and Joseph Warrell Esqrs. may be
appointed of the Council in New Jersey, in the room of the
AMERICA AND WEST INDIES.
49
Sept. 1.
Blackhenth.
Sept. 3.
Whitehall.
1735. [86]
aforesaid Lewis Morris and James Alexander, the said John Moor,
Paul Richards, Robert Lettice Hooper and Joseph Warrell Esqrs.
having been recommended to as as persons every way qualified
to serve H.M. in those stations. [C.O. 5, 1126. pp. 12-15].
87. Duke of Montagu to [? Mr. Delafaye]. This is to beg the
favour of you to lay the inclosed before the Duke of Newcastle,
it is in relation to one Mr. Dandrige a gentleman of a good estate
in Virginia and one of the Council there : he was formerly a
Lieutenant of a man-of-warr, and being desirous to be again
employ 'd in H.M. service he came last year to England for that
purpose and he is at presant a Lieutenant on board the fleet at
Spithead ; as I am in hopes of getting some better preferment for
him, I beg you will make my compliments to the Duke of
Newcastle and tell him I shall be extreamly obliged to him for
one year's longer leave for him to be absent from Virginia.
His presant leave expires the 11 of Agust. Holograph. Signed,
Montagu. 1 p. [(7.0.5,1337. /. 183.]
88. Mr. Wood to Mr. Popple. The traders of London, Bristol
and Liverpool to Carolina, in negroes, being informed by letters
of the 9th of June, from that Province, that a law was just passed
there for applying the whole negro duty of ten pounds per head,
mony of that Province, without limitation, for bringing in Protestant
settlers etc., desire that you will move the Lords for a copy of the
said Act and copy of the Journal of the Assembly relating to the
continuing this heavy duty, so great a discouragement to the trade
of this kingdom, and the better settlement of the Province itself
etc. I am likewise directed to desire you will move the Lords etc.
to take the said Act, or the consequences, which the continuing of
this duty is also to H.M. trading subjects, in negroes, to Carolina,
into their immediate consideration, and report their opinion
thereupon to H.M., since the traders conceive that, by their
taking any other step of application on this Act. or relating to the
continuance of the duty on negroes, it will take up so much time
(as they have experienced on other occasions) that the mischief
will, probably, be remediless to almost every particular trader,
which has been sensibly felt by all traders in their turn where
dutys have been imposed on negroes in other H.M. Colonys,
notwithstanding the disapprobation of the Acts imposing them.
And therefore they have judged proper to direct me to make this
application by you, to the Lords, which, they are informed, was
originally the way of proceeding, when any Acts were passed, in
any of the British Colonys in America, prejudicial to the trade,
manufactures, or navigation of this Kingdom. Signed, Wm.
Wood. Endorsed, Reed. 9th Jan., 173f, Read 17th Sept., 1735.
Addressed. Postmark. 1 p. [C.O. 5, 364. ff. 236, 240 v.]
Sept. 4. 89. Mr. Popple to Mr. Willes, Attorney General. The Lords
Commissioners desire him to appoint some time to meet them at
their office. Encloses extract from Governor Johnston's letter
with his Case of the Blank Patents, for his opinion thereon in
point of law. [C.O. 5, 323. /. 108 v.]
4 {D.
50 COLONIAL PAPERS.
1735.
Sept. 4. 90. Council of Trade and Plantations to President Ayscough.
Whitehall. \v e have received your letters of the 15th of May and 22nd of
June last with the 5 Acts, the Address to H.M. and the Representa-
tion to our Board, which you mention to be inclos'd. We are
sorry to see that you are oblig'd yet to continue martial law in
force in Jamaica, but we hope you will put an end thereto as soon
as the exigency of affairs will permit you. We have consider'd
the reasons of the Council of Jamaica for advising you to give
your assent to the law entitled An Act for raising several sums of
money and applying the same to several uses for subsisting the
officers and soldiers of the eight Independent Comps. and preventing
the exportation of several commodities into the French and Spanish
Islands, with a clause laying a penalty on any of the officers of
the King's troops there, who shall inlist any of the inhabitants of
Jamaica therein altho' their reasons may be politically good, with
regard to Jamaica, yet that clause is a very great restraint upon
H.M. Prerogative and therefore we have sent that law together
with the others before mention'd to Mr. Fane, one of H.M. Council
at Law, for his opinion thereupon, and when we shall have received
the same we shall consider farther thereof. We have laid before
Her Majesty the address from yourself, the Council and Assembly
of Jamaica, which you inclos'd to us, desiring stores of war for the
service of that Island : and as the supply thereof is now under the
consideration of the Lords of the Council, we hope you shall soon
receive what shall be found wanting upon that head. We have
likewise laid before H.M., the representation sign'd by the Council
to us, and we shall always endeavour to do the most effectual
service to the people of Jamaica. In this representation the
Council have remark'd a mistake, which they say we made in
ours to the House of Lords, in relation to the number of forts in
Jamaica ; and they may be right in that respect, but you must
observe that our information proceeds from such intelligence as
we receive from the Governor in his annual answer to Queries,
and what we have said in regard to forts tallies with his informa-
tion to us in that particular. Upon the subject of the Councils'
complaint against the forming of the logwood trade at Campeachy,
we have been attended by the Secry. of the S.S. Company, and
we are informed by him, that the contract which was made
between that Company and some private persons will be at an
end in two or three months, the King of Spaine disputing the
Company's power of licencing any person to trade under their
name ; and as we have desir'd to be particularly inform'd, when
any alteration is made in this trade ; when that comes to our
knowledge we will give you notice thereof. In your next letter
we desire you will give us a particular account of the computed
strength and number of the rebellious negroes. You will likewise
inform us what is their particular manner of fighting ; what
number of towns there may be of them ; what number of
inhabitants in each town and in general whatever information
you can give us upon this subject, as we are convinc'd, from the
nature of these inquiries, that you cannot give us a certain
account, so what we desire is only such particulars as you may in
AMERICA AND WEST INDIES.
51
1735.
Sept. 4.
Whitehall.
Sept. 4.
Office
of Ordnance,
Tower.
[90]
general have obtain'd. We likewise desire that you will not omit
to send us your annual answers to the Queries we formerly sent
you, etc. [C.O. 138, 18. pp. 50-53.]
91 . Council of Trade and Plantations to Lt. Governor Gooch.
Acknowledge letters etc. of 18th July, 9th Aug., 1732, 8th Feb.,
15th July, 12th Sept., 1733, and 14th March, 24th and 30th May,
13th July, 27th Aug., 14th Sept., 20th Nov., 1734 etc. Have sent
the Acts therein enclosed to Mr. Fane for his opinion etc. Continue :
We observe what you have wrote concerning the two petitions you
inclosed for grants of land, to the westward of the Great Moun-
tains ; and altho' you may be right in your opinion that those
lands are within the bounds of Virginia, yet as the[y] are contro-
verted by the Lords Baltemore and Fairfax and the Proprietor
of Pennsylvania, we think those bounds ought to be settled prior
to the granting of any land within them. And this we conceive
can best be done by Commissrs. to be appointed on the spot for
that purpose. This method we have long since proposed, and
the Lord Fairfax being gone to Virginia for this purpose, we are in
hopes the dispute may soon be adjusted. In your letter of the
24th May, 1734, wherein you give an account of the Laws,
manufacture and trade of Virginia, you mention an air furnace,
without describing what particular manufactures the same is
applicable to ; we therefore desire that in your next letter you
will inform us thereof ; as likewise of the lead mine you mention
to be discovered ; you will likewise inform us what quantities of
ore are found therein, and to what uses it is applied. We also
desire you would inform us what other mines, if any, have been
found in Virginia. In your letter of the 14th of Sept. last, you
say it wou'd be great advantage to Virginia, if that Colony was
allowed to import salt directly from Portugal, as the Northern
Colonies are : upon this occasion you will observe that this
liberty was only given to the Northern Colonies on account of their
fisheries ; and the provisions with which they supply those to the
Southward : however we will consider further, of what you have
proposed to us upon this head. We are very glad to find by the
Treasurer's accounts that the revenues of Virginia are in so
flourishing a condition, and we desire you will continue to give us
constant accounts thereof, and of the other transactions in your
Government and that you will not neglect to transmit to us,
annual returns to the Queries we have formerly sent you. [C.O.
5, 1366. pp. 131-133.]
92. George Armstrong to Mr. Popple. Col. Armstrong is
prevented by a previous appointment from waiting on the Board
as requested. Signed, George Armstrong. Endorsed, Reed. 4th,
Read 5th Sept., 1735. 1 p. [C.O. 23, 3. ff. 135, 136 v.]
Sept. 4. 93. Charles Worsley to Mr. Popple. Forwards following,
Middle Temple, received from Mr. Wavell Smith from St. Christophers. Signed,
Cha. Worsley. Endorsed, Reed. 10th Nov., 1735, Read 25th
Nov., 1736. Addressed. Sealed. $p. Enclosed,
London.
52
COLONIAL PAPERS.
1735.
Sept. 4.
Whitehall.
Sept. 5.
Whitehall.
93. i. Minutes of Council of St. Christophers [?], June 1734.
After Debate, set out, whether Mr. Smith ought to be
paid by the public for transcribing the Minutes to be
sent to the Lords of Trade, it was carried that he ought
to do it ex officio, Messrs. George Thomas and George
Lucas dissenting for reasons entered in the Council
Book, 5th June. True copy, Signed, Patrick Wilson,
D. Secretary. 5 pp. [C.O. 152, 22. ff. 221-224, 226,
226 v.]
94. Council of Trade and Plantations to the Queen, Guardian
of the Kingdom etc. We have received a letter from Governor
Belcher etc., dated the 28th day of June last, in which he acquaints
us that the Assembly of the Province of New Hampshire have
passed an Act to give a bounty for encouragement of the raising
of hemp there ; and as labour is dear in that Province and the
farmers poor, Mr. Belcher humbly proposes that H.M. would
have the goodness to make them a present of five hundred
bushells of the best Riga hemp seed, and that two or three persons,
skillfull in the management of hemp, should be sent over to New
Hampshire for two or three years at H.M. expence, to instruct the
people in this manufacture. He informs us likewise in another
letter, dated the 14th day of July last, that the Assembly of the
Massachusetts Bay, who had before setled a bounty upon this
commodity, have for a further encouragement given a liberty to
the inhabitants to pay their taxes for the two succeeding years in
hemp, whereupon as it is probable that the example of the people
of the Massachusetts Bay may lead those of New Hampshire to
apply themselves with industry to the raising of hemp, which if
done with success would render Great Britain less dependent on
the Northern Crowns for a supply of this commodity so essential
to the support of our navigation ; we are humbly of opinion, that
it may be for H.M. service, if he shall be graciously pleased to
gratify the people of New Hampshire in their request. [C.O. 5,
917. pp. 135, 136.]
95. Council of Trade and Plantations to Governor Cosby.
Acknowledge letters etc. of 6th and 7th Dec. and 10th and 19th
June last. As soon as they have received Mr. Fane's opinion in
point of law, will consider the Acts therein enclosed. Continue :
We have considered what you write concerning the Court of
Chancery, as also the resolves of the Assembly of the 25 Nov.,
1727, with the report of a Committee of Council thereupon dated
the 5th of Decbr. following, and we are not a little surprizd at
your informing of us ; that some of the members who compose
that Committee, should now make any opposition to the holding
of that Court, how r ever different they may be in opinion, from
what they formerly were of. We think you did very well not to
admit the arguing of any exceptions against the jurisdiction of
that Court ; a Court establish'd, in the very infancy of that
Colony, by the Crown's undoubted right signified to the then
Grovr. under the Broad Seal of this Kingdom successively confirm'd
AMERICA AND WEST INDIES.
Sept. 9.
Whitehall.
Sept. 10.
Whitehall.
1735. [95]
under the Broad Seal in every Governor's Commission, that
has been appointed since, and which must therefore consequently
be deemed an essential part of the constitution of that Province ;
you will therefore do well to pursue the directions of your
Commission and Instructions by holding that Court whensoever
there shall be occasion, and if the Assembly of that Province shall
for the future yet presume to dispute the King's authority in this
respect you may very properly signify to them, that they and the
Court of Chancery meet and act by virtue of the same power,
vizt. H.M. royal licence, granted under the Broad Seal of this
Kingdom etc. Inform him of their recommendations of new
Councillors for New York and New Jersey (v. 28th Aug.), and
request him to send annual answers to their queries concerning
the state of these Provinces etc. [C.O. 5, 1126. pp. 16-18.]
96. Mr. Popple to the Commissioners of H.M. Navy. Encloses
extract of a letter from Col. Dunbar, Aug. 25, 1732, relating to the
preservation of the woods in New England and the difficulties
the King's Officers there labour under in the discharge of their
duty. [C.O. 5, 917. p. 137.]
97. Council of Trade and Plantations to the Queen, Guardian
of the Kingdom etc. John Baptiste Ashe, lately a member of
H.M. Council in N. Carolina, being dead ; and James Stallard and
Richard Evans Esqre. who were appointed in 1730, not having
yet taken up their residence etc. propose in their room William
Forbes, James Innes and Thomas Wardroper etc. [C.O. 5, 323.
/. 109.]
98. Governor Mathew to Mr. Popple. Encloses two Acts of
Montserrat (i) for repealing an Act for the more speedy and effectual
dispatch of the public business, and (ii) for reducing of interest from
ten to eight per cent., to be laid before the Board for H.M. con-
firmation. Signed, William Mathew. Endorsed, Reed. 7th,
Read 12th Dec., 1735. 1 p. [C.O. 152, 22. ff. 33, 34 v.]
99. Mr. Popple to Mr. Attorney General. Having in my
letr. of the 28th of Augt. last inclosed to you by order of my
Lords Commissioners for Trade and Plantations, a scheme for
emitting a large sum of mony in paper bills, in the Massachusetts
Bay, my Lords Commissioners command me, to desire that when
you have considered the same, and are ready to give your opinion
thereupon, you will please to give me notice thereof, that I may
acquaint their Lordships therewith, in order that a day may be
appointed, my Lords being desirous of an opportunity of talking
with you thereupon. [C.O. 5, 917. p. 145.]
Sept. 10. 1 00. Council of Trade and Plantations to Governor Belcher.
Whitehall. We have received your letters of the 13th Nembr. 1733, 8th of
May, llth of June, 1st, 2nd and 12th of July, 9th of Aug., 6th and
12th of Novembr., 3rd, 9th, 14th and 31st of Decembr. 1734,
9th of January 173|, 5th, 9th and 28th of June, and 14th of
Sept. 10.
Nevis.
Sept. 10.
Whitehall.
54 COLONIAL PAPERS.
1735. [100]
July last, with the publick papers you therein mention to be
inclosed, and we did lay before Her Majesty the Address from the
Council and Representatives of the Province of the Massachusetts
Bay, desiring cannon and other stores, upon which we imagine
Her Majesty will soon come to some determination ; the people
of the Massachusetts Bay are dayly asking favours from the
Crown whilst they show no inclination to make any return, by
giveing their Governor's salary in the manner, so often propos'd
to them. Now we are upon the subject of your salary, we must
inform you, that Her Majesty has been pleased to referr to our
consideration, the Petition of your Agents, desireing leave for
you to give your assent to the last bill passed by the Council and
House of Representatives, for granting your salary, as likewise
that you might have a general licence to receive what the
Assembly should annually give you ; and we have consider'd the
same together with what you have wrote concerning the great
zeal of the Assembly for the King's service and have made our
Report thereupon. Notwithstanding the King has had sufficient
reason to resent the behaviour of the Assembly of the Massa-
chusetts Bay, who have constantly refused doing what the
Crown has desired of them, yet they have not desisted asking
favours, which have as constantly been granted to them, and as a
recent instance thereof, the thousand bushels of Riga hemp seed,
which was askd. for by you for them have been granted, and we
have also recommended to Her Majesty a gift of 500 bushels more
to the Province of New Hampshire, as likewise the sending over
two or three persons well skill'd, in the manufacture of that
commodity, as proposed by you. This last Article you may say
is no favour done to the Massachusetts Bay, but it is an instance
of all the disposition imaginable here of doing whatever may be
thought of real advantage to the Colonies in America. Upon the
subject of hemp, you have propos'd a larger bounty to be given
upon the importation of it into this Kingdom which may well
deserve some further consideration, tho' the generality of the
Merchants who we have hitherto discours'd upon this subject,
when that matter was under consideration at this Board, seem'd
to apprehend the present bounty sufficient. We have had under
our consideration the scheme you sent us for issuing out bills,
upon the credit of some private persons, who were to give security
for the repayment thereof in silver. This being a matter of very
great consequence, wherein the trade and interest of the Province
is much concern'd, we have thought it proper to take the opinion
of H.M. Attorney General thereupon in point of law, the scheme
now lies before him, and when he shall have given us his opinion
upon it, we will take the same more particularly into our con-
sideration. There is one observation, that must naturally occur
to everyone who reads the aforementioned scheme, and which
seems at first view, to be a very strong objection to any scheme
whatsoever for emitting paper mony, which is, that by this scheme,
the paper bills are to be repaid at the completion of their term, in
silver, as the want thereof, is the only plausible reason that ever
has been given for emitting bills in any shape ; and as it has
AMERICA AND WEST INDIES. 55
1735. [JOO]
always been represented, that silver was not to be procured,
sufficient to serve as a medium in trade, we find now, that silver
may be procured, even so large a sum as 110,000, or else the
scheme set's out with a falsity in fact. But if silver can be
procur'd, there then seems no longer, any the least reason for
emitting paper at all. We therefore desire you will immediately
upon the receipt of this, send us your thoughts at large, upon what
we have now wrote to you upon this subject. We have considered
what you have wrote about the quantity of Rhode Island paper
mony, now current in the Massachusetts Bay, and of the ill
consequences you say attend it : but we have at the same time
consider'd, that let the Rhode Isld. mony be never so bad, as it
can never be deemed a legal tender in the Massachusetts Bay, any
ill consequence attending the currency thereof in that Province,
may be remedied by the Assembly, or they must be answerable to
the people for it. We are sorry to find from all lands that more
effectual measures have not been taken to put a stop to the destruc-
tion of the King's woods, and that any proposals for that purpose
should meet with opposition in the House of Representatives.
But if they will give no countenance nor protection to those who
have the inspection thereof, nor will lend a helping hand for the
protection of them, they are of too great consequence to the
Royal Navy to be totally neglected, and other measures, it may
be, not quite so agreeable to the people of the Massachusetts
Bay, must be put in execution. And as this would have been
another proper subject upon which they should have shewn their
zeal for the King's service, we cannot help observing that all
their shew of zeal amounts only to words ; and we can't but
wonder that you should continue to set it out in such colours,
since no good effect has attended it. You tell us, that in case of
any disturbance from the French or Indians, you shall be ready
to send a detachment for the protection of the mast cutters, but
that as their pay and subsistence must depend on the Assembly:
their consent must be had for that service. We therefore desire
you will inform us whether you have propos'd this to them, and
what disposition you find in them, in case of any occasion. We
have read what you write about the Naval Officers having been
appointed without your approbation ; Mr. Pemberton the present
Naval Officer was not recommend'd by us nor does that affair
properly ly before this Board. If you think yourself aggriev'd
you may apply to the proper place. We have recommended to
Her Majesty what you have proposed relating to Majr. Mascarene's
being sent to superintend the repair of your fortifications. We
have likewise considered the reasons you gave in your letter of
the 5 of June last, why you have not sent regular accts. of the
rects. and payments of publick mony ; but you misunderstand
your instructions if you imagine those articles which require
accts. of the Revenue relate only to such Colonies, where the
King has a standing Revenue. You are one of the King's
Governors, and as such, according to the powers given to us by
our Commission, we do require them at your hands, and by virtue
of special directions in your Instructions you are to send them to
56 COLONIAL PAPERS.
1735. [100]
us. In your same letter you inform us that no mony has been
raised in New Hampshire, we therefore desire you will let us know
what you judge may be the real reason why the Assembly of that
Province have refused granting the necessary annual supply,
having had reasons assign'd to us, why the Province did not
receive the same, quite different from what you have asserted of
Col. Dunbar's encouraging any opposition to you, or any measures
you may have thought proper to engage in, for the service of that
Government. But now we mention that gentleman, we must
inform you that having some time observed the height to which
the difference between you and him is risen, upon the subject of
the right of government, and to the profits thereto belonging,
when you are not in the Province, we think H.M. service, and the
interest of the Province is very much injur'd thereby, therefore
having thoroughly considered the affaire, as likewise the several
clauses thereto in your Commissn. and Instructions, we shall in
a few days lay a state thereof with our opinion thereon, before
Her Majesty for her Royal orders thereupon. [(7.0. 5, 917.
pp. 138-144.]
Sept. 11. 101. List of Representations by the Council of Trade and
Plantations since March 25, 1715, relating to the state of the
British Colonies in America, their trade and commerce, and their
danger from the growing power of the French. [(7.0. 5, 4.
ff. 325-359.]
Sept. 11. 102. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose lists of French able to bear arms in the
French Charibbee Islands etc. (v. 18th June). Continue : Altho'
His Majesty has an undoubted title to St. Vincent's, Sta. Lucia
and Dominico, yet upon the French having pretended a right
thereto, H.M. did in 1730 agree with the Court of France, and
Instructions were accordingly sent to Governor Worseley etc.
that the said Islands should be entirely evacuated, until the right
to the said Islands should be finally determined ; notwithstanding
which solemn agreement, and of the said instructions having
been complied with, on our part, it now appears that the French
have 117 men able to bear arms on the said Island of St. Vincent's,
100 families on Dominico and six families on Sta. Lucia. Should
these people be left on the said islands without notice taken of
them, on the part of H.M., they may in time pretend a new claim
from their quiet and uninterrupted possession ; and as there is
little doubt but that their numbers will encrease, they may grow
too powerfull easily to be removed ; we therefore desire your
Grace will please to receive H.M. orders upon this subject ; and
the rather since any acquisition of strength to the French, in the
West Indies, will greatly add to the danger our Sugar Colonies
must be exposed to, in case of any rupture with France. We
might yet add another reason, which is, that the French settle-
ments on the islands will in time be a great increase of their sugar
trade, and a diminution of our own, which already lies under
AMERICA AND WEST INDIES.
57
Sept. 12.
Whitehall.
1735. [102]
several difficulties that of the French is not exposed to. Autograph
signatures. 2 pp. Enclosed,
102. i. Extract of letter etc. from Governor Mathew to Mr.
Popple, 18th June, q.v. [C.O. 152, 40. Nos. 42, 42 i.
and, covering letter only, C.O. 153, 16. pp. 25-27.]
1 03. Mr. Popple to Governor Mathew. I have received your
letter of the 18th of June last with the several papers you inclos'd
to me, which I have laid before my Lords Commissrs. for Trade
and Plantations with your said letter, and their Lordships have
particularly directed me to return you their thanks for the account
you have sent, of the numbers of men able to bear arms on the
French Islands and on St. Vincent's, St. Lucia and Dominico.
Their Lordships have sent an extract of what you write upon this
subject to the Duke of Newcastle, etc., in order to be laid before
Her Majesty together with their remarks upon the proceedings of
the French in not having totally evacuated the last three
mention'd Islands according to their agreement. With regard to
the bill pass'd at Nevis to continue the duty on liquors imported ;
I am commanded to acquaint you, that their Lordships very
much approve your caution, in being tender how you give your
assent to any law that may in the least contradict your Instruc-
tions ; in all cases where you are diffident you may give your
consent to any law provided the suspending clause be therein
inserted ; But if in the passing a new law for this purpose you
take care that there be an exception made of any strong liquors
imported from this Kingdom, my Lords do not at present forsee
any objection thereto. Upon this occasion I must remind you of
your letter to me of the 14th of April last, which acknowledges the
receipt of mine of the 13th of Febry. preceding, wherein among
other things, I desired by their Lordships' order an authentick
collection of the laws pass'd at Nevis since September 1715. This
collection I have not received, and therefore it is impossible for
my Lords to judge of the present bill, as it re-enacts a law not
hitherto sent to the Office. My Lords having received from the
Admiralty the copy of a Commission of Marque, and of the
Instructions given therewith, I send you a copy thereof, for your
information according to your desire signified to my Lords in your
letter dated the 19th March, 173f . [C.O. 153, 16. pp. 28-30.]
Sept. 12. 104. Council of Trade and Plantations to Governor Johnston.
Whitehall. Abstract. Acknowledge letters and are glad the trade of the
Province has so fair a prospect. But when he mentioned 42 sail
going loaded from Cape Fear River, he should have given a more
particular account of their ladings etc. Agree with his opinion
as to the manner of making tar, and think he should move the
Assembly to enact rules accordingly, and an inspector of the
kilns. For though the people at present endeavour at quantities
upon account of the bounty, yet if the quality of their tar be
brought into disrepute by its burning quality, none of it will be
exported etc. Continue : It is with pleasure that we read the
account you have given us of the industry of the people settled on
58 COLONIAL PAPERS.
1735. [104]
Cape Fear River, and of the attempts they are making towards
the manufactures of wine, oyle and silk, for which you have
desired us to prevail with the Legislature to grant a bounty.
We are always ready to do whatever in us lies for the encourage-
ment of industry in any of the Colonies, but before we know what
progress the people are able to make in these manufactures, and
have seen specimens thereof, it would have but little effect, was
we to propose what you desired. Are awaiting opinion of the
Attorney General on the Blank Patents before sending his
directions upon that subject. Hope that he will have better
success the next session in getting the Assembly to pass an Act
for a rent roll and regulating quit rents. Without the payment of
H.M. quit rents and a general registry of all the grants and
patents, " the people are to understand their arrears of quit-rents
to the time His Majesty made the purchase are not to be remitted.
You have therefore done very right to erect a Court of Exchequer
in which any disputes about quit rents or titles to land will
properly be adjusted ; and we desire to have an account of the
proceedings of that Court." He ought to have sent a full
description of the boundary line between N. and S. Carolina and
an authentic copy under the seal, as determined by the Com-
missioners etc. Will recommend Messrs. Forbes, Innes and
Hardroper to supply the vacancies in the Council he mentions
(v. Sept. 10) and hopes he will be more cautions in recommending
persons for Councillors than his predecessor. Enclose copy of
Circular Queries, to which an annual answer is required. Set out,
N.C. Col. Rec. IV, 16. \C.O. 5, 323. ff. 109 v.-lll v.]
Sept. 14. 105. Governor Mathew to Mr. Popple. Abstract. Has
st.Christophers.received both the Orders of the Board of 17th June. Is getting
as fast as possible the accounts from the islands. Has at last
brought the inhabitants to provide for their safety by an inland
fortification, which he has begun to lay out for them. Those
works are actually now in hand, and being carried on with all the
strength that the island can well provide. Continues : I have also
succeeded in an attempt to introduce something of a Legislature
in Anguilla, Spanish Town and Tortola, and in the last two of
those islands their new Councills and Assemblys are now preparing
laws (on models I have furnishd them with) as agreable to those
of these four islands as the air of those four islands will admitt of,
and from hence I hope murthers and the greatest crimes will
hereafter not be committed there with impunity for want of
proper laws and Courts of Justice for trying offenders, as hereto-
fore, and the inhabitants will become more usefull, as better
taught their duty to H.M., their country and one another.
Encloses an Act of St. Christophers to enable the publick to cut turf
and sodd out of lands adjoining to Fort Londonderry, for repairing
and finishing the said fort etc. Prays him to inform the Board
that " the whole island is a gravel except about this fort, that no
sod was to be had elsewhere to finish it, that this fort covers from
an enemy this gentleman's estate more than any other, that we
Commissioners for sale of the French lands sold him the whole
AMERICA AND WEST INDIES. 59
1735. [105]
estate for about 6 10s. sterling pr. acre of which this is a fagg end,
that we shall take the sodd off of not about two acres, and those
two acres would hardly keep a cow alive, yet this gentleman was
so unreasonable as to insist with me for 1000 sterling for these
two acres, a poor return for the indulgence he meets with (as a
Roman Catholick) among us. Signed, William Mathew. Endorsed,
Reed. 3rd, Read 12th Dec., 1735. 2 pp. [Duplicate. The
MS. is dated 1734, with an Office note that it should be 1735.]
\C.O. 152, 22. ff. 36-37 v., 42, 42 v. (with abstract).]
Sept. 15. 106. List of persons proposed by Lt. Gov. G-ooch to supply
vacancies in the Council : Henry Armistead, John Allen,
Francis Willis, Henry Fitzhugh, Benjamin Harrison, John Lewis,
Armistead Churchhill (so he spells his name), Nicholas Meriwether,
Lewis Burwell junr., Charles Carter, George Braxton, John
Robinson. Signed, William Gooch. Endorsed, Reed, (from Mr.
Leheup), Read 3rd Feb., 173f. 1 p. [C.O. 5, 1323. ff. 182,
187 v.]
Sept. 16. 1 07. Council of Trade and Plantations to Committee of Privy
Whitehall. Council. Representation on report of Governor Fitzwilliam etc.,
6th March, as to fortifications and stores required, and address of
Council and Assembly of the Bahama Is. (14th Aug.). Represent
that, with respect to the repairs and additional works necessary
to be made to the Fort of Nassau etc., the expence of them
according to Mr. Fitz William's estimate including 350 pounds for
the purchase of a house and lands belonging to Captain Phenney,
upon which it is proposed to erect a new redoute, would amount
to upwards of 12,200 pounds ; but as we are not competent
judges of fortifications, or the charge of raising them, we can only
say in general that considering the importance of the Bahamas
with regard to their situation, which makes them a proper station
for light frigates, either for the protection of our own trade or the
annoyance of an enemy, we are humbly of opinion that these
Islands ought to be properly fortify ed ; and if this was well done,
the security resulting from thence would naturally be the means
. of drawing great numbers of inhabitants thither ; but the manner
of performing this service, and the reasonableness of the sum
demanded for the execution of it are points wch., for want of
necessary information, we must submit to your Lordships'
wisdom. As to the ordnance, cannon shot and other stores of
war desired by Mr. Fitz William, we presume his calculation of
these particulars was formed in proportion to the additional works
projected for Fort Nassau. [G.O. 24, 1. pp. 305-308.]
[Sept. 16] 108. Memorial of John Yeamans, Agent for Antigua, to the
Council of Trade and Plantations. States right of Great Britain
to St. Lucia, St. Vincent's and Dominica, which have by constant
usage been inserted in the commissions of the Governors of
Barbados. Notwithstanding, several families subjects of the
Crown of France are not only settled at St. Vincent's and Dominica,
but are also under a civill government there. Tho' the French
60 COLONIAL PAPERS.
1735. [108]
have lately pretended to evacuate St. Lucia, there are still some
few families remaining there, which, they alledge, it would be a
breach of humanity to remove. But there is just reason to
suspect, that under ye guise of humanity, the French only cover
other designs very destructive in their consequences to the
British America islands. They have by degrees encompass'd
all H.M. Sugar Colonies in America ; and being prodigiously
encreas'd in strength and riches since the Peace of Utrecht, will
have it in their power in time of warr, not only to ruin the trade
and commerce of the British subjects in those parts, but also to
render ah 1 their possessions exceedingly precarious etc. Submits to
their Lordships' consideration, whether immediate measures
should not be taken to checque these growing settlements of the
French upon islands claim'd of right by the Crown of Great
Britain, and in particular whether the succeeding Governor of
Barbadoes, in conjunction with the Governor of the Leeward
Islands, should not be directed absolutely to insist upon the totall
evacuation of St. Lucia, St. Vincent's and Dominica. Endorsed.
Reed. Read Sept. 16, 1735. 2| pp. [C.O. 28. 24. ff. 127-128 v.
and 152, 40. No. 43 i.]
Sept. 16. 109. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose following received since representation of
llthinst. Autograph signatures. 1 p. Enclosed,
109. i. Copy of representation of Mr. Yeamans (v. preceding).
2 pp. [C.O. 152, 40. Nos. 43, 43 i, and 324, 12. p. 42.]
[Sept. 17] 110. Petition of [? Mr. Ochs] to the Council of Trade and
Plantations. Petitioner hath these 2 years been much troubled
with a good number of German and Swiss Protestants, who
desir'd him to assist them with advice, and help them to a passage
for America, and considering them as strangers, hath assisted
them, with the utmost care, and fidelity, loss of much time, and
expence, to the best of his knowledge, and their intire satisfaction ;
But having considered that the chief service will be, to take also
care that they may be well settled together, upon good land, in a
healthy situation, and temperate climate, that they may be
assisted with good instruction to improve the land, to the best
advantage of this Kingdom, in producing such commoditys as are
chiefly desired and wanting etc., petitioner humbly proposes to
their Ldships. to grant them a tract of land about 20 miles long
and broad, lying in Virginy and North Carolina on the mountains,
'tis there desir'd for the healthiness of the air, and when that tract
be settled to have another to chuse in that neighbourhood, and so
increasing farther, for which end 'tis humbly desir'd that no land
be taken up by other persons for some limited distance, that the
extending of this Colony may not be interrupted : and if on any
part the Indians may lay claim they shall be satisfy'd by agreemt.
or avoyded : but as a settlent. at so remote a distance from the
sea is very inconvenient and chargeable for land and watter
carriage etc. requests that they may be encouraged by (i) Such
foreign Protestant settlers may be natural subjects of this
AMERICA AND WEST INDIES. 61
1735. [110]
Kingdom without any charge or other formality, (ii) Be exempt
for 15 years from quit rents and then to pay 2s. sterl.pr. 100 acres
yearly, (iii) To have land according to the established orders of
the Province, 50 acres pr. head. All the land to be measured and
registered free, and petitioner to have the benefit of measuring it
out in parcels for the usual price in the country, (iv) A grant of
money by the Government for necessary buildings, sawmills and
tools etc. (v) Petitioner desires nothing of the people, to make their
beginning the easier, but to execute this work duely, it will require
great pains, trouble and considerable expences to establish proper
orders in several citys of Germany and Swisserland, and to give
the people printed instructions, how much money is required for
their passage, and settlement, on which day they shall be att the
appointed place to go down to Holland, where a ship shall be
ready, to carry all those that can pay for their passage directly to
America, and to warn all others, not to throw themselves in
misery, no shipps being dispos'd to carry them over without
paying for their passage, (vi) To perform all this etc., petitioner
finds is too great a charge to do it att his own expence, therefore
asks for the grant of an annual allowance for some years, and
after it shall cease, that he may make some agreement with the
people for his services to them, " 'tis hoped their Idships. will also
grant him a certain quantity of land free from quit rent for ever."
(vii) The people to carry with them all necessaries of linen, tools,
arms, provisions etc., to be landed free from duty etc. (viii) As
the Colony will be exposed to the Indians on the west side of the
mountains, asks for a grant of guns and ammunition and small
arms, for the erection of a fort, which will also secure the whole
Province on the west side, (ix) If the Governments of Virginy
and N. Carolina by order of the Board were to assist the people
with some corn for a year's subsistence, and some live cattle, for
3 years, as doth the Government of S. Carolina for 6 years, it
would be a great help etc. As many good workmen, willing to go,
cannot pay for their passage, foreign Protestants as well as English
subjects to be allowed to furnish them with funds for their voyage,
at interest of 6 per cent., but for the first years nothing, upon
mortgages of their lands, till they be in a condition to pay the
capital, within 12 years etc. It is otherwise to be apprehended
that their going out will be severely hindered, " for a little book
of Mr. Purry by too much praise of Carolina and without instruc-
tion hath set the people on, for going there, which come without
any certainty, or money, and the little they have, is spend't by a
long ill-contriv'd and unseasonable voyage " etc. All persons
who are at the charge of settling the land, as well as those that
live in the country, to be esteemed natural subjects of the Kingdom,
so that they may possess land with a right title to sell or dispose
of it etc. Endorsed, Read, Sept, 17, 1735. Z\pp. [C.O. 5, 1323.
jf. 174-1 75 v.]
Sept. 18. 111. Mr. Popple to Mr. Fane. Enclose* 5 Acts passed at
Whitehall. St. Xtophers in 1731, 1733 and 1734, for his opinion in point of
law. [C.O. 153, 16. /. 30.]
62
COLONIAL PAPERS.
1735.
Sept. 18.
Whitehall.
Sept. 18.
Whitehall.
112. Council of Trade and Plantations to Lt. Governor
Armstrong. Since our letter to you of the llth of September.
1734, we have receiv'd yours of the 24th of October following, and
on the 14th of January last with the Minute of Council relating
to Mrs. Agatha Campbell and Coll. Hart's grant of land. You
have not in either of these letters given us any answer to that
part of our last, which related to the duties you formerly mentioned
to be payable at Canso, and therefore we desire you will do it by
the first opportunity. We likewise desire you will inform us, at
the same time : what numbers of English inhabitants there are
there or in any other part of the Province, and how many
effective men there are actually in the regiment in Nova Scotia.
We have consider'd the alteration you propose relating to the
Quit rents, but we do not apprehend it would have the effect you
expect from it. The only probable method to people the Province
is to form a civil government there ; but until there are English
enough to compose an Assembly this cannot be done ; we there-
fore desire you will send us what information you may be able to
procure upon this subject, that from the returns we shall receive
from you we may judge what possibility there may be, of com-
pleating a civil government in Nova Scotia . We have reconsidered
what you wrote about the want of presents, to keep the Indians
our friends, and we shall take an opportunity of laying our
opinion thereupon before H.M. So we bid you heartily farewel
Your very loving friends and humble servants etc. [C.O. 218, 2.
pp. 320, 322.]
113. Mr. Popple to Mr. Attorney and Mr. Solicitor General.
By the Charter of the Massachusetts Bay, all pine trees of a
certain dimension, not growing upon any soil or tract of land
within that Province, theretofore granted to any private persons,
are reserved for the King's use, as by an extract of the said
Charter hereunto annexed appears ; but the people of the
Massachusetts Bay, in order to elude this reservation in behalf of
the Crown, do pretend that part of their Province having been
long before the date of the said Charter, the private property qf
Sr. Ferdinando Gorges, from whom the Massachusetts Bay
purchas'd the same, all trees growing upon that tract of land do
belong to them, and are not included in the aforesaid reservation,
upon which some persons have brought actions against the
Contractor's Agents for furnishing the Royal Navy with masts,
and obtained judgement in New England against them for cutting
such trees, and also other actions for cutting of smaller trees in
order to come at the larger, and clearing ways to hall them to
proper places for shipping them off ; whereon judgements have
been obtain'd against the Contractor's Agents, and appeals
refused. I am also desired by my Lords Commissioners for
Trade and Plantations for your further information to send you
the inclosed papers, which contain a full account of these trans-
actions ; and as my Lords think this a matter of very great
importance to the Crown, their Lordships desire your opinion upon
it as soon as conveniently may be. [C.O. 5, 917. pp. 146, 147.]
AMERICA AND WEST INDIES.
63
1735.
Sept. 19.
Whitehall.
114. Council of Trade and Plantations to the Queen, Guardian
of the Realm etc. Propose John Williams, Senr., to supply a
vacancy in the Council of St. Xtophers caused by the resignation
of Peter Soulegre. [C.O. 153, 16. pp. 32, 33.]
[Sept.. 19.] 115. Henry Popple to the Council of Trade and Plantations.
Memorial in behalf of Montserrat. Abstract. Scarcely one-third
of the inhabitants have any small arms. They are unable to
purchase them, hurricanes and drought for several years having
very often destroyed a great part of their crops and prevented
their recovery from plundering of the Island by the French in
1712. H.M. has been graciously pleased to direct that a quantity
of small arms should be sent for the defence of this Island. Yet
as these must necessarily be kept as a store in reserve against
actual invasion, the Council and Assembly, taking into considera-
tion the prospect of a war in Europe etc. passed an Act for the
better supplying this island with small arms, to continue for 7 years,
laying a duty of 4rf. pr. ton upon every ship over 25 tons burthen
loading produce of the island, to be laid out upon the purchase of
a further quantity of small arms. Governor Mathew has instructed
the Memorialist that he thought himself obliged in duty to H.M.
to reject the said Act, though convinced of its absolute necessity,
in regard that he is expressly directed by one of his Instructions
not to pass any Act, by which the trade or shipping of this
kingdom may be affected. This very small temporary duty, only
affecting ships returning loaden with produce of the island, is the
only method for effecting this service. Suggests that it may there-
fore be allowed to pass, for instead of being a charge on the trade of
this Kingdom, it will actually be a service to it, by perhaps
preventing the total loss of the island etc. Signed, Henry Popple.
Endorsed, Reed. Read 19th Sept., 1735. 1 p. Enclosed,
115. i. Act of Montserrat for the better supplying this island
with small arms. Passed the Council and Assembly,
19th Sept., 1734. Copy. 3pp. [(7.0.152,21. ff. 176,
177-178, 179 v.]
Sept. 27.
Annapolis
Royall.
116. W. Shirreff, Secretary of Nova Scotia, to the Duke of
Newcastle. Having sufficient assurances given of being repre-
sented as an obstructor of H.M. service and disrespectfull to his
orders in not countersigning, as Secretary, a patent under the
seal of this Province of Nova Scotia thereunto affixed, signed and
granted by the Honourable Lieutenant Governor Armstrong in
favour of John Hart, Esqr., I most humbly beg leave to lay
before your Grace my reasons for so doing and with all due
regard and submission submit them to your Grace's serious
consideration : being as follows : 1st. That Governor Armstrong
hath, without the advice of H.M. Council here, departed from the
letter of H.M. Instructions, in altering the boundarys of that part
of the Peninsula petitioned for and prescribed by H.M. to be
granted to the petitioner and laid out by Mr. Geo. Mitchell, one of
the Deputy Surveyors, conformable to H.M. Instructions : he
hath made it a triangle instead of an oblong and extended it on
64 COLONIAL PAPERS.
1736. [116]
one side towards the Bay of Fundy thirteen leagues and a half
instead of twelve leagues eastward to the mainland as directed
by H.M. 2ndly. That he of his own accord without any such a
report from the Surveyors or advice of Council computed said
triangle to contain two hundred thousand acres ; of which in the
patent he makes one hundred thousand only profitable and
requires quit rent for the profitable only. 3rdly. That by running
the hypothenuse of his said triangle along the sea shore, and not
eastward as H.M. directed is not only in prejudice of your Grace
and others nominated by him to be proprietors of lands at
Chiconecto, but by so doing rendered the backlands entirely
unprofitable, and consequently, according to the tenour of the
Patent he hath thus granted without the advice of Council, of no
profit to H.M. 4thly. In vindication of myself and the other
gentlemen of the Council, I presume to assure your Grace that all
due regard hath been had to H.M. order in favour of the petitioner
etc. Refers to Minutes of Council. 5thly. The Lieut. Governor
never laid either the patent or a scrawl thereof before the Council
or so much as asked their advice thereon and he hath since asserted
that he had sufficient authority of himself for so doing etc. Signed,
W. M. Shirreff. 3 pp. Enclosed,
116. i. Minutes of Council of Nova Scotia, 23rd Sept., 1735,
30th Nov., 1734. 4pp.
116. ii. A Map of a Peninsula situate in ye Bay of Fundy
surveyed by order of the Honble. Laurence Armstrong,
Esqr., Lieut. Governor, etc. by Mr. Geo. Mitchell and
Mr. Edward Amhurst. Deputy Surveyors. 2 pp. [C.O.
217, 39. ff. 144-145, 146-147, 148-149, 150 v., 151.]
Sept. 27. 117. Lt. Governor Armstrong to the Council of Trade and
Annapolis Plantations. I did myself the honour to write to your Lordships
in January last, and then lay before you the true state of Mrs.
Campbel's case, and my opinion thereupon ; which, I hope, your
Lordships has received. I went up the Bay of Fundy in Aprile
last, and had an opportunity to talk to the inhabitants, who I
found not only very complaisant, but seemingly well affected to
H.M. interest, in which I encouraged them, tho' I well knew how
little sincere they were in that profession, my presence being
then the only thing that moved them to make a pretended shew
of their loyalty ; and it is impossible that they will ever be kept
in any manner of subjection unless a block house was erected, and
a strong party of soldiers placed amongst them ; for they are not
only of themselves rebelliously inclin'd, but they also incite the
Indians, upon all occasions, to give us disturbance ; and it is
impossible at this distance to over-rule them by strength ; and
as I have often observed to your Lordships before, the only way
to secure the Indians to our interest would be by sending over
annual presents ; and by this means both their trafrfe] and
affection would be attached to our Government ; But this I
refer to your Lordships' better judgement. Upon my return
from the Bay of Fundy I went to Canso, where I spent most part
of this summer. I found that place in great confusion, and
AMERICA AND WEST INDIES. 65
1735. [117]
received and heard the complaints of the inhabitants and fisher-
men against Capt. Aldridge, the then Commandt. ; for which
reason I removed him from that command, gave him leave of
absence for eight months, and left Major Mascarene to command
at Canso, who is a worthy honest man, and make no doubt will
please the inhabitants better. I beg leave to observe to your
Lordships that if a fortifycation was built in that place, it would
add very much yearly to H.M. revenues ; and without such a
fortifycation there can be no dependence upon any safety there ;
it is true there has been a good fishery there this year, and I
believe between 30 and 40,000 quintals of fish cured upon the
Island ; but this was chiefly owing to the encouragement that I
published in the prints at Boston last winter ; and shall leave
nothing undone to forward the good of that place. I am under a
promise to the fishermen and inhabitants to go there next summer,
which I intend to perform ; and this Fall I am informed there is
good expectations from the whale fishery. There is no alterations
in the state of the Province since my last ; when any happens I
shall do myself the honour to acquaint your Lordships. Signed,
L. Armstrong. Endorsed, Reed. 4th Feb., Read 7th May, 1736.
2$ pp. [C.O. 217, 7. ff. 168-1 69 v.]
Sept. 29. 118. Petty expenses of the Board of Trade, Midsummer to
Michaelmas, 1735. v. Journal. 5 pp. [C.O. 388, 80. ff. 138,
139, 140-141.]
Sept. 29. 119. Capt. Lee, Governor of Newfoundland, to Mr. Popple.
Falkland Encloses following. Is sailing from Newfoundland on Oct. 1.
^nlrbo ^ 8 Si ff ned > J - H. Lee. Endorsed, Reed. Nov. 20, Read Dec. 4, 1735.
Newfoundland. Addressed, f p. Enclosed,
119. i. Capt. Lee's replies to Heads of Enquiries. (1) On my
arrival the principall inhabitants being ordered to attend,
H.M. Commission was with due solemnity read and
published. (2) During my stay in the Island, there were
none convicted of murthers, felonies or other capitall
crimes. At my first arrival at St. John's I was acquainted,
that there were three persons, under confinement in the
common jail, on suspicion of being guilty of a murther
committed in the spring at Ferryland, two of which
persons made their escape through the wall of the said
jail, during my being in the harbour, before I cou'd
bring them to examination, but by what I cou'd find by
the information of the justices of the Peace, who com-
mitted them, the evidence against them was cheifly
circumstantiall. I have levied a small tax or rather
subscription on the district of St. John's to make the
jail next Spring more secure and thereby to prevent
such escapes for the future. (3) I went to Placentia
and during my stay there, I had some complaints from
the inhabitants, that sometimes the officers of the
garrison had meddled in the civil government, tho' not
so much of late, as in late Lieutt. Governour's time,
COLONIAL PAPERS.
1735. [119 i.]
I could no ways find the officers concern'd themselves
with the fishery, nor possess'd themselves of any beaches,
stages &c. I left the most strict orders in the hands of
the Justices of the Peace ; commanding the officers not
to interfere out of the garrison on any pretence. (4) I
did all in my power to hinder the engrossing com-
modities, but beleive 'tis here, as in most other place,
the richest people will take their oppertunitys of advan-
taging that way. (5) I have herewith transmitted to
your Lordships the best account, I cou'd gett of all
ordnance stores, lately sent the garrison, what has been
lost and decay'd and the whole remaining in the fort.
The state of the fort, for so small a one as it is, is in good
condition, but on my reveiwing the soldiers and muster-
ing them, I cou'd not find above seventeen cou'd appear,
out of which about six, are quite unserviceable thro' age,
and 'tis pitty they are not provided for in Chelsea,
I enquir'd the reason why ? the company was so short
of their number, which should be thirty-two effective
men, but cou'd get no answer, but that they wou'd
recruit, as soon as possible. The small arms in the
garrison are so bad, that very few of them are service-
able. (6) By my observations on this coast all draughts
and mapps, that I cou'd see, had their diff'rent mistakes,
more pticularly on the S.Wt. part of the Island, which
'tis a pity we are nott better acquainted with, many
rocks being there, whose bearings are unknown and very
dangerous to shipping, pticularly ships of H.M, who
draw much water. I have been able to procure a pretty
good draught of St. John's Harbour and beg [? bay} as
also of the little Bay of Placentia, which is at your
Lordship's service. (7) The Act of the fifteenth of King
Charles the Second for the encouragement of trade, is
very little minded, as I am very well inform'd, wines
and brandy in great quaiititys are every year by vessels
imported into all parts of Newfoundland, who are cheifly
loaded with salt, from France, Spain or Portugall, I gave
strict orders to the Captains who were under my
command to do their utmost to hinder this kind of
smugling and to make seizure of such commodities
prohibited and the vessels who imported them, according
to the said Act. I found the proof very difficult, tho'
the said wines and brandy, are in use every day ashoar,
and 'tis my opinion, that if there was a Judge of the
Admiralty in this Island, it wou'd hinder these abuses,
as it wou'd deter Masters of merchant ships, because
their vessels cou'd then be adjudged and condemned on
conviction in Newfoundland. While I was at Placentia,
I made seisure of a snow, call'd the Eagle Galley and had
sufficient proof of her having imported both brandy and
wine directly from France. I was cautious of acting
wrong to my prejudice ; and the master of the said
AMERICA AND WEST INDIES. 67
1735. [119 i.]
snow, together with Mr. Gledhill, son to the Lieutt.
Governour of the Fort, making oath that the said
brandy and wine were for the use of the said Lieutt.
Governour, and not for sale ; I permitted the snow to
proceed on her voyage, the Master giving me bond for
five hundred pounds ster. to make good the outsell of
the said snow, if H.M. or your Lordships shou'd incline
to prosecute the affair further. (8) I cou'd not hear of
any meeting of people, but in the publick churches ; 'tis
true, there are more Irish Papists, then of all sorts of
people in the Island, but they are so happy that they
have not a preist amongst them, as I cou'd ever find or
hear of. (9) The Bishop of London's Petition to his
late Majesty, was to be sure, very well design'd, I am
apt to beleive some malicious persons have mis-
represented the inhabitants of the Island to his Lordship.
Blasphemy, prophaneness, adultery, fornication, poli-
gamy and incest are crimes, I never had any complaints
of, while in this part of the world. If I had, due care
shou'd have been taken to suppress such vices, prophana-
tion of the Sabath and swearing I discountenanc'd as
much as possible and the seafareing people, much the
same sort of people here as in their behaviour in other
seaport towns in England etc. (10) The parson at
St. John's, is far from giving any offence by his actions,
being a very discreet person ; he is the only clergiman
I saw in the Island besides one aboard of my own ship.
(11) A table of Marriages was ready hung up in the
church here, before my arrivall, and due regard is had
to the. same. (12) I hope I have no ways exceeded the
limitation of my Commission, nor has any occasion
requir'd I shou'd, if the interest of the Island shou'd at
any time require, what is not allowed or provided for
by the sd. Commission, your Lordships shall have
immediate notice thereof. (13, 14, and 15) These three
Articles I have observed to the best of my knowledge,
and herewith your Lordships will have the best informa-
tion I cou'd obtain on the following Articles. (16) I gave
the Admiralls most strict ordrs. in relation to this
Article, and cou'd not find, that the practice of throwing
out ballast &c. had been encourag'd in the great
harbours, but had done great damage in some of the
little harbours to the No. ward, by almost choaking
them up. (17) The inhabitants take care no person
at his departure shall deface, or pull down, the stages,
cook rooms, etc., it being their advantage to keep them
standing. ( 1 8) The Admiralls being first in the harbours,
take care of themselves, there are often disputes about
flakes and beach room, from which come complaints
which are often brought before the Comanders of His
Maitie.'s ships to be decided. (19) I believe the
inhabitants have relinquisht all the stages etc. pursuant
68 COLONIAL PAPERS.
1735. [119 i.]
to the Act of Parliament : there were no complaints to
the contrary. (20) I beleive this Article is very well
observed ; there were no complaints to the contrary.
(21) This Article is not well observed, the byboat
keepers and masters of ships have great quarrels about
it, which is often very troublesome to the comandrs. of
His Maitie.'s ships. (22) I do not find this Article
observ'd : many ships come here from France, Portugall
and Spain, they being such as they can gett, many of
whom are Irish Roman Catholicks. (23) The inhabitants
employ mostly Irish Papists and those often such
miserable creatures, that nowhere else they wou'd earn
bread. (24) There are many roguerys of this sort
comitted every year, as it often appears in Court, where
sufferers make their complaint and are releived. (25)
I beleive this Article very well observed. (26) This
Article is pretty well observ'd, they are jealous of one
another and are very watchfull. (27) There is very
little ordr. observed by the fishing ships, before the
arrivall of the men-of-war, the Admirals are often very
ignorant fellows, and carry little weight in their station,
they seldom have a notion of the Act of Parliament and
often don't know there is such a one. (28) The
Admiralls determine differences touching the fishery,
and the persons who suffer by their determination, most
commonly appeal to the comanders of men-of-war, and
complain, often not without reason, of partiallity
amongst the Admiralls. (29) The Lord's Day is the
only hoUiday fishing people have in the week, I did forbid
the vending liquors on that day, but 'tis impossible to
hinder it. (30) There are many people, from H.M.
Plantations and Collonies, who have never resided in
Great Brittain. I conceive I had no authority to
molest them. (31) I have in my annext scheme given
your Lordships the most exact account of every part of
this Article. (32) The upper sort of people have some
cattle of all sorts and poultry of all sorts from New
England, having a great deal of good grass, wch. feeds
sheep &c. in the summer time and affords every one a
little hay against the winter, the poorer sort of people
live very hard, and often die in winter time for want.
(33) I cou'd not find that the inhabitants cou'd be
supply 'd with sail cloth, netts, and tackle any where so
cheap as from England, none of the Plantations use the
same sort of fishing geer. (34) The inhabitants agree
with their servants according to their merit, the manner
they pay them is scandalous, they give them the cheif
part and often the whole in rum and some cloaths at a
most exorbitant price. (35) The whole charge of fitting
out a boat for the season is about one hundred and
twenty pounds ster. (36) The inhabitants employ no
more servants then they want, when they are making
AMERICA AND WEST INDIES. 69
1735. [1191.]
fish. Some times, in rainy wear, the servts. cannot work
about the fish, then the masters employ them, in any
work they have to do, in their houses or in the fields.
There is no difference in the prices of fish, that depending
wholly on the goodness. They generally allow four men
to each boat. (37) As soon as the fishing ships are gone,
they have no time to be idle, those that are able to bear
the cold are usefull to their masters in cutting wood for
fuell and other timber for building of flakes, houses,
stages, etc. (38) There is a trade here for furrs, wch.
has not been encreas'd of late years, rather lessned ;
some people here tell stories of Indians have been seen
some years ago, I am certain they have no traffick now,
nor did I see one person in Newfoundland had ever seen
an Indian. (39) The cheif part of St. John's Town is
close to the watersides, the fishing people have it to
themselves, so they cannot complain. (40) The inhabit-
ants claim a right to all such stages and flakes, as they
have built on places not possess'd in the year 1685 and
hire out such as they do not use themselves. (41) The
people proportion their flakes according to the number
of fish they take. They build them in shape according
to the form of the ground oftentimes, but mostly where
the ground is even, they build up into the country.
(42) I don't beleive there has been any just register kept
of the fishing places at the year 1685. Wha, was the
property of the fishing skiprs, and what of the
inhabitants ? I never met any disputes of this kind.
(43) The fishing ships that come from Great Britain, are
victuall'd from thence, but many ships in their passage
call in Ireland, where they take in passengers, as well as
provisions, neither of which are to the interest of the
English trade. (44) No master of a ship is allow'd to be
Admirall, unless he produces his certificate of having
clear'd out of the Custom-House of some port of
England. (45) The masters of ships in general, know
very well what is their privilidge and are often trouble-
some by making complaints without reason. (46) The
by-boat keepers generally hire stages, flakes, etc. of the
planters by lease for a term of years, or else they build
them every year when they come, in places not belonging
to the ships. (47) The ships from Biddeford and
Barnstaple, are the only ships that go on shares with
their company's now : the charge of fitting out a ship of
one hundred tons, ten boats and fifty men, is about a
thousand pounds ster. (48) There has been always a
clandestine trade carried on, by the ships, who bring
salt from France, Spain and Portugall, as I have given
your Lordships an account in my answer to the seven-
teenth Article etc. (49) The said commodities are in
general us'd every day amongst the fishery and on shear.
I can't say wether they supply New England, or the
70 COLONIAL PAPERS.
1735. [1191.]
other Plantations from hence with them. (50) I have
heard that there is brought to Newfoundland every year,
great quantities of rum, the whole in the diff'rent
harbours I cou'd not learn, there is also great quantities
of tobacco, bread and flower wth. molosses, but cou'd
not find they carry on any indirect trade from hence to
Portugall or Spain or any other part. (51) The mer-
chants of New England, sell their goods, as it happens,
sometimes for fish, at other times for bills of exchange,
if they take fish, 'tis the cheapest sort, which makes their
returns either by selling said fish at Madera, the Western
Islands, or in the West Indies for the negroes. I cou'd
never find what ye value of the goods sold by them
amounted to. (52) In St. John's I beleive there are
twelve publick houses, kept by the inhabitants. I suffer'd
them by licenses, wch. I was cautious of giving, without
security of the behaviour of the persons, who kept
them : the Masters of the ships and by-boat keepers
sell their own servants liquor themselves, often times to
more value then the amount of their wages at a most
extortionable price. (53) There is great poverty amongst
the top inhabitants, they all I beleive are more or less
guilty of this Article. (54) They pay three or four
pounds for their passage, the inhabitants and boat
keepers sometimes pay the masters for their servants'
passage part in fish, but all the rest is ballanc'd by the
manner expresst in this Article. (55) The practice of
trusting amongst the fishermen is certainly the founda-
tion of all disturbances and of great prejudice to the
trade, but it will be very hard to reform the abuse.
(56) The Masters of the fishing ships do, I find, encourage
their servts. to stay behind or go to New England to
save them the expence of sending them home, I cou'd
not find the exact number that stay'd last year. (57) The
New England traders do entice seafaring people and
others, all they can, and I have reason to beleive the
inhabitants assist them therein. (58) I was not wanting
in my utmost endeavours to prevent Masters of New
England vessels from carrying off people from Newfound-
land, to which end, I obliged all such Masters of ships
bound there to give proper bonds of five hundred
pounds ster. with five hundred for then: security's well
wittnessed, which bonds are broke if they carry any
person or persons hence to New England, without my
pass. I have herewith transmitted to your Lordships
the sd. Bonds. (59) I represented the complaints of the
Consuls and Merchants abroad to the Admlls. and I
strictly enjoined them to be very carefull as to this
Article, that the Mastrs. of ships take better care, the
Admiralls assure me that everybody takes the greatest
care, which I think very natural to imagine for their own
interest, they wou'd else be soon ruin'd. I order'd the
AMERICA AND WEST INDIES. 71
1735. [119 i.]
Admiralls to return me the names of such who were
remiss in this affair. By what I cou'd find, five hogs-
heads of good salt will cure sixty quintalls of good fish.
The fish taken on the Banks, is no ways equal to that
caught in shoar, as they have not immediate conveniency
of curing it. (60) I cou'd not learn any certain acct. of
the French fishery, more then that they are very
successfull, and that they cure their fish so that it bears
a better price at markett then ours. (61) I did hear
there were some few French fishemn. at St. Peters very
poor, quiet people. I was myself at Placentia, there is
but one family of French remaining there, wch. is
accounted the most orderly in Placentia. (62) I cou'd
not find, that the French are guilty of the breach of this
Article and am apt to beleive by all that I cou'd learn,
that they are very observing of the Treaty of Utrech in
that particular. (63) I cou'd not find the officers of the
garrison at Placentia concern'd themselves with the
fishery and I gave strict orders that they shou'd not.
(64) I shoud have been very glad to have contributed
what I cou'd towards the salmon fishery, but find it has
been very small this year, as appears by the fishing
scheme I send your Lordships herewith. (65) Several!
of the Justices of Peace appointed by Heny. Osbourne,
Esqr., in this country, many of them are since dead and
gone away ; I appointed some new ones, who were
people of the best character I cou'd find ; it is very
difficult to find those, who will act in the Commission,
as they complain that their authority is little observ'd,
especially after the departure of his Maitie.'s ships.
There have been great differences between the fishing
Admiralls and Justices of the Peace, I endeavour always
to convince them of their different authoritys and hope
I have done some service therein. I observ'd the
Admiralls are often very ignorant fellows and have
sometimes a stupid notion of the Act for the encourage-
ment of trade to Newfoundland, which they think
contains all laws and every regulation to be obser'd either
aboard or on shore. The Justices of the Peace are
jealous, that the Admiralls take too much upon them ;
on this account, ' tis difficult to get anybody to accept
of the Comission. (66) etc. The fishing scheme is as
exact as he could form it. " There was indeed a fishery
at St. Peter's and in some other little creeks of the
Island. I was never able to obtain any certain account
of them " etc. Signed, J. H. Lee. Endorsed, Reed.
Nov. 20, Read Dec. 4, 1735. 9f large pp. Enclosed,
119. i. Account of Ordnance Stores at Placentia, Aug. 19,
1735. Signed, Will. Sanderson. Same endorsement.
9 pp.
119. ii. State of the planters and inhabitants of Newfound-
land, 1735. Details given by harbours. Totals :
72 COLONIAL PAPERS.
1735. [119 ii.]
Houses, 468. Lands improved, 124 acres. Number
of inhabitants, 3995. including 226 children.
Remained in the country last winter, 3,250. Births
(since departure of last convoy), 72 ; deaths, 11.
Same endorsement. 1 p.
119. iii. Scheme of the Fishery at Newfoundland, 1735.
Details given by harbours. Totals : British and
American fishing and sack ships, 239, 19,627 tons.
Number of crews 3,056. Passengers, 2,138. Boats
kept by by-boatmen and inhabitants, 1 ,003 (includ-
ing 5 by American ships). Number of by-boatmen
1,885. Quintals of fish made, 419,075. Quintals
carried to foreign markets, 404,725 ; and tierces of
salmon, 490. Train oil made, 1,520. Prices offish
per quintal, 20 and 5 ; of salmon per tierce, 40 ;
of train oil, 9 to 12 pounds. Value of seal oil,
3,379 pounds ; of furs taken by inhabitants, 485
pounds. Number of stages, 446 ; of train fatts,
290. Same endorsement. 1 large p.
119. iv-x. Copies of seven bonds entered into by New
England masters of vessels, not to carry any fisher-
men from Newfoundland, but what belong to their
own ships. 7 pp. [C.O. 194, 10. ff. 1, 2 v.-S,
9-13 v., 14v.-16, 17, 18, 19, 20, 21, 22, 22 v.]
Oct. 2. 120. Lt. Governor Gordon to the Council of Trade and
Philadelphia. Plantations. In obedience to your Lordships' commands of the
17th of June, which reached my hands but eight days since, I do
myself the honour to acquaint your Lordships, that there were no
laws in force within this government on the 25th of March, 1731,
nor have any since been passed by which any duties or impositions
are laid on the trade and shipping of Great Britain ; nor are
there any duties or impositions whatsomever now paid or payable
on the importation or exportation of negroes, wines or other kinds
of liquors or on any goods, wares or merchandize or shipping,
throughout this Government, which has been remarkably careful!
to preserve its trade free from any country duties that might give
it the least discouragement. On the retailing of wine, rum or
other strong liquors by small measure there is an excise of four
pence this currency each gallon laid for three years, by an Act of
Assembly, of which lest the further knowledge should be necessary
to the present enquiry, I beg leave to refer your Lordships to the
exemplified copy transmitted, soon after the Act passed, to
Mr. Paris the Agent for this Province in order to be laid before
H.M. in Council ; the produce of which excise, and the interest
arising from the emission of our paper currency being the only
funds established here for the support of Government. Signed,
P. Gordon. Endorsed, Reed. 24th, Read 26th Nov., 1735. l^pp.
[C.O. 5, 1268. ff. 176, 176 v., 179 v.}
Oct. 4. 1 21 . Warrant by the Queen, Guardian of the Kingdom, for
Kensington, appointing Samuel Wheatley Clerk of the Naval or Navy Office,
AMERICA AND WEST INDIES.
73
1735. [121]
S. Carolina, in the room of Joseph Fox deed. Countersigned,
Holies Newcastle. Copy. [C.O. 324, 50. pp. 101-103, 524-6.]
Oct. 4. 1 22. Warrant by Same, for appointing Nathaniel Cruttendon
Kensington. Vendue Master, S. Carolina. Countersigned, Holies Newcastle.
Copy. [C.O. 324, 50. pp. 103, 104, 526.]
Oct. 7. 1 23. Mr. Fane to the Council of Trade and Plantations. Is of
opinion that " the forme of the grant as settled by the Attorney
General of Carolina is extreamly proper, such reasonable condi-
tions and reservations being made therein as are usually incerted
in all the grants I have seen from H.M. to his subjects in that
part of the world. Signed, Fran. Fane. Endorsed, Reed. 8th
Oct., Read 28th Nov., 1735. 1 p. [C.O. 5, 365. jjjf. 17, 18 .]
Oct. 8. 124. Mr. Fane to the Council of Trade and Plantations.
Report upon 5 Acts of Jamaica, 1735. Has no objection to
Acts imposing duty on spirits retailed etc., and to oblige the
inhabitants to provide themselves with a sufficient number of white
people etc. But as to the Act for raising several sums for subsisting
the officers and soldiers etc., "it may in general be necessary for
supporting the expences of the Government of this island. But
the clause, which your Lordships have observed, which imposes a
severe penalty upon the Officers of H.M. Forces there for inlisting
recruits amongst the people of the island, is in my humble opinion
both extraordinary and unprecedented, as it restrains the
prerogative of the Crown by preventing the exercise of it in a
point so essential for the security of the whole Government, nor
can any political consideration with regard to this Island be any
excuse for such a proceeding. For I apprehend supposing the
facts mentioned by the Council as reasons for passing this clause
were true, they shoud have represented them to H.M. or his
proper Officers ; and it is certain that H.M. from His known care
and concern for the good and ease of his subjects in all parts of
His Dominions, would have given such proper directions for
redress, as to have made this extraordinary method unnecessary.
As to the Act for putting this Island under martial law etc., I can't
forbear upon this occasion observing to your Lordships that this
practice seems to be too frequent in this Island. How farr
necessary it may be for the service of the Government your
Lordships are the best judges : But this I beg leave to say, that it
ought never to be made use of in a civil Government, unless upon
some very great emergency etc. Has no objection to Act for
enabling Mary Howell etc. Signed, Fran. Fane. Endorsed, Reed.
14th, Read 22nd Oct., 1735. 2 pp. [C.O. 137, 22. ff. 7-8 v.]
Oct. 9. 125. John Gregory, President of the Council of Jamaica, to
Jamaica, the Duke of Newcastle. I take this first opportunity, according
to my duty, of acquainting your Grace with the death of Mr.
Ayscough, late President of the Council, which happened on the
29th September last. By his death the Government would have
devolved upon Mr. Pennant as oldest Councellor, but he is so worn
74 COLONIAL PAPERS.
1735. [125]
with age and infirmitys, as to be uncapable of acting, and has
made a formal resignation of his pretensions to the Government,
and his post in the Council, by which means the Government is
come into my hand as next eldest Councellor. This advancement
has been very unexpected and I assure your Grace undesired by
me ; I am sensible of my own insufficiency to be at the head of a
Government, so full of disorder and confusion as this happens to
be, occasioned by our late heavy taxes, our want of currency, and
ill success against the rebellious negroes. It requires a person of
experience and resolution, and one well supported by his interest
in England, to restore this place to a flourishing condition.
I presume your Grace has from time to time been made acquainted
with everything material that passes ; nothing has lately happened
of any consequence besides the death of certain gentlemen of
distinction here, which has been a very great loss to us at this
critical time. We still continue in possession of the negro town
w r hich formerly gave us so much trouble, it is a place by all
accounts very uncomfortable, tho' healthy, and the expence and
difficulty of supplying it with provisions is very great. The
soldiers who were first put in possession of it quitted it upon
pretence of wanting provisions, tho' as far as I could ever learn,
without sufficient foundation. The Militia of the Island were
afterwards sent to it and remained there upwards of six months,
whilst the martial law subsisted. When that ceased, there was
no power to detain them longer, and no money to engage them
voluntarily, so that a party of soldiers have been again sent to
releive them. I wish they may not desert it, if they should, the
negroes, who are at no great distance from it, will probably be
soon in it, and we shall have the work to begin. I can't say the
Martial Law, tho' absolutely necessary at the time, did in all
respects answer our expectations, the negroes indeed were dis-
lodged from that fastness, and I believe it had the good effect of
discouraging several of our plantation negroes from joyning them,
but the rebells lost very few of their number that we have any
certain account of. They divided themselves into two bodys for
the better conveniency of subsistance. One of the bodys con-
sisting by the best information we could gett, tho' that very
uncertain (for negroes don't know how to express themselves by
numbers) of 300 men, women and children, marched from the
Eastern parts to the Western, near 150 miles through the country
without receiving much damage, tho' attackt twice or thrice in
their march. This may seem strange, but their marches are so
surprizingly expeditious over vast mountains and through thick
woods, to which they are perfectly inured, that it is almost
impossible to pursue them with any success. They have of late
been pretty quiet but by the intelligence we have gained by one
or two we have taken, they have joyned with another large
town in the Western parts, where they are fixing themselves and
planting provisions for this additional increase, and I am very
apprehensive we shall quickly hear of some sudden and dangerous
irruption. The soldiers have not yet been so serviceeable against
them as might have been expected, but doubtless the appearance
AMERICA AND WEST INDIES. 75
1735. [125]
of them lias kept our plantation negroes in order. Many of the
soldiers are dead, I beleive not one half remaining, having received
no recruits since their arrival, three out of the five Captains that
came with them are dead, several of the Lieutenants, in two
of the Companys but one officer commissioned by the King alive,
and he uncapable of acting by some disorders in his head, so that
to keep the company from falling into confusion, warrant officers
have been made here, by which they are entitled to twenty
shillings p. week this country pay. I am in hopes the country
have lately come into a scheme of making them more usefull, and
preserving their healths by keeping them out of the reach of
strong liquors ; an Act has been pass'd for the building of twelve
barracks in the places most infested by the rebells, and roads
directed to be cut across the Island to open a better communica-
tion, this will be a work of much time and expence, and when
perfected it will be difficult to provide men to barrack them
unless the Companys are compleated, and in my humble opinion
if two Companys of Highlanders were added to these it would
effectually secure us against intestine enemies. Before I finish
I must beg leave to observe to your Grace that there are but
eight Gentlemen of the Council in the Island, to make a quorum
requires five, and as they live remote from one another it is
difficult to make a Council. I take the liberty of recommending
one to your Grace, my brother Matthew Gregory, a man of
integrity and good understanding, otherwise my partiality to him
as a brother would have had no influence over me, when H.M.
service is concerned. Your Grace will be so good as to excuse
my taking up so much of your time, as this was my first letter
I was the more circumstantial etc. John Gregory. Endorsed,
R. 20th Jan. 3pp. [(7.0.137,55. ff. 209-210 v.}
Oct. 9. 126. Duke of Newcastle to Governor Belcher. Being
inform'd, that Sr. Thos. Prendergast has a demand of near
two thousand pounds on Mr. Auchmuty, Chief Judge in New
England, by decree of the Court of Chancery in England ; and
that Mr. Auchmuty, not being able to pay the mony, at the time
of the decree, was permitted to go abroad by Sr. Tho. Prendergast's
guardians ; and now refuses payment of it ; I am to beg the
favour of you, to countenance Sr. Thomas Prendergast's agents,
in carrying on the suit against Mr. Auchmuty, for recovery of this
debt, as far, as shall be agreeable to law, and justice. Signed,
Holies Newcastle. Copy. 1 p. [C.O. 5, 899. /. 203.]
Oct. 10. 127. Duke of Newcastle to Governors of N. and S. Carolina,
Whitehall. Maryland, New York, Pennsylvania, New Hampshire, Bahama I.
and Virginia. Mr. Oglethorpe, a member of Parliament and one
of the Trustees appointed by H.M. Letters Patent for settling of a
Colony of H.M. subjects on the borders of Carolina, having already
been there to inspect its first establishment, and intending to
return soon thither to encourage the further progress of that
undertaking and to promote its success wch. must be of great
advantage to the Trade and Navigation of this Kingdom, as well
76
COLONIAL PAPERS.
1735. [127]
Oct. 10.
Whitehall.
Oct. 11.
Whitehall.
as a considerable addition to the strength and security of H.M.
Colonies in America, I must desire you will give him all the
assistance in your power, and any personal acts of friendship and
civility that you shall do him wiil particularly oblige me, who
am with great truth and regard. Signed, Holies Newcastle.
Copy. [C.O. 324, 36. p. 527.]
1 28. Same to Lt. Governor Broughton. I am to acknowledge
the favour of your letter of - - with an account of the death of
Col. Johnson. I doubt not but that as long as you shall continue
in the administration of that government, you will do everything
in your power that may be for H.M. service and the interest of the
Colony. I take the opportunity of Mr. Oglethorpe's going to
Carolina to suggest to your consideration, by H.M. commands,
some points, which, if they can be brought about, H.M. thinks
may contribute to the security and welfare of the Colony, which is
at present committed to your care. H.M. thinks it proper that
the Independent Company should be removed to the southward,
and quartered upon the Island of St. Simon, and the Queen would
have it be considered, whether it may not be for the service of the
Colony that you should recommend it to the Assembly to give
their assistance towards fortifying that Island, and to send down
200 negros to work for one year upon building a fortress there.
And that you should also recommend it to the Assembly to pass
an Act for contracting with persons of substance and ability for
settling the townships, and to give such person or persons such
parcels of lands within the townships and within the six miles
round the same, and such other encouragements and authority as
the Assembly shall find necessary for the better peopling of the
townships ; provided always that the Contractor or Contractors
shall be obliged to settle 600 white men, women and children in
the township for which they contract, within six years of the date
of the grant ; and in case that the Contractor or Contractors shall
not within six years settle the whole number of 600, then to
forfeit so much of the lands contracted for, as shall be proportion-
able to the number deficient, and also to forfeit all such parts or
parcels of land as he shall not pay quit rent for, when the said
quit rent becomes due. Mr. Oglethorpe, who will be upon the
spot, has so true a knowledge of the nature and constitution of the
Colony, and so much zeal and concern for the interest of it, that
H.M. is persuaded he will be able to give you very usefull lights,
whenever you shall consult with him in matters relating to the
safety, defence and improvement of Carolina. Signed, Holies
Newcastle. Copy. [C.O. 324, 36. pp. 528, 529 ; and (draft) 5,
383, ff. 25-27 ; and 5, 388. ff. 129-130.]
1 29. Duke of Newcastle to Lt. Governor Broughton. Encloses
copy of Act of Georgia for maintaining the peace with the Indians,
" of which you will take notice accordingly, and, as far as it may
concern you, I am persuaded, you will take care, that due
obedience be had thereto." Signed, Holies Newcastle. Copy.
Annexed,
AMERICA AND WEST INDIES.
77
Oct. 13.
St. James's.
1735.
129. i. Order in Council confirming above Act, quoted. Signed,
Wm. Sharpe. Copy. [C.O. 324, 36. pp. 530-549.]
130. Order of Queen, Guardian of the Kingdom etc., in
Council. Approving representation of Council of Trade, and order-
ing that the Act of S. Carolina for appropriating 104,775 Is. tyd.
to lie by probationary. Signed, W. Sharpe. Endorsed, Reed.
4th, Read 5th Dec., 1735. 1 p. [C.O. 5, 365. ff. 19, 20 v.}
Oct. 13. 131. Order of Queen in Council. Approving draught of an
St. James's, additional Instruction for the Governor of S. Carolina relating to
paper money and appropriateing thereof. Signed and endorsed as
preceding. "4 pp. [C.O. 5, 365. ff. 21-22 v., 23 v.]
Oct. 13. 132. Capt. Burrington to the Council of Trade and Planta-
tions. Replies to Governor Johnston's statement of the case of
blank patents (v. 25th May). Abstract. As he cannot suspect
that a gentleman endowed with so much wisdom should want
knowledge, cannot refrain from mistrusting that he has too much
an eye to his own profit etc. (1) It is very true that after the
Lords Proprietors signified their pleasure to Governor Eden, there
were no more purchase warrants issued, but as that Province had
been many years harassed by dangerous wars with the Indians,
some persons who had taken out warrants for lands, were afraid
to fix in Bath County during the said wars, but when peace
succeeded, part of the proprietors of those warrants required
patents for the quantity of land specified in their respective
warrants, which was unanimously consented to by Mr. Eden,
then Governor, and the rest of the Proprietors' Deputies. The
rest of the possessors of these sort of warrants were by different
motives deterred from settling their families in Bath County,
and therefore transferred them to others, more adventurous ;
who always obtained patents on those warrants, when a survey
was returned into the Secretary's Office. All this was well known
to the Lords Proprietors ; they had yearly accounts of it ; yet
they never forbid, nor found fault with their Governour and
Deputies. When I was their Governour, I signed about 20 such
patents. Sir Richard Everard acted in the same manner etc.
The warrants and patents were signed by at least one half of the
Council etc. Criticises Mr. Johnston's statements in detail.
Signed, Geo. Burrington. Endorsed, Reed., Read Oct. 14th, 1735.
$%pp. [C.O. 5, 294. ff. 206-210 v., 211 v.]
[Oct. 14.] 133. Address of Inhabitants of Bertie and Edgcombe
precincts to Governor Gabriel Johnston. Your Excelly. in your
answer to the Grand Jury's Address seemed to wonder that you
should hear any more upon so unreasonable a subject, wee hope
it will not be thought unreasonable that we should address yr.
Excellcy. to protect our laws and liberties and that we may not
be disquieted in the possession of our estates (tho' poor and mean)
which we first paid for honestly and afterwards settled and
improved with much hard labour from the barren woods exposed
COLONIAL PAPERS.
1735. [133]
to the violent heat of the sun etc., many of us trusting to what
Providence would lay in our way for food, sometimes a deer or
bear, and sometimes a racoone, and many days nothing, a rare
feast for industrious Protestants, and that many of our ancestors
have fallen by the hands of the savage Indians we believe will not
be worth mentioning. The fatigue of settling an estate in this
Province your Excellcy.'s predecessor might have informed you,
for no man living could have taken more pains and fatigue then
he did to acquaint himself with this Province in general which his
many journeys and travels into the back woods will justifye
sometimes accompanied by one man only and often pinched with
hunger (nay) in danger of perishing, haveing but one biscake for
three days to subsist on and sometimes coming amongst the
inhabits, without a ragg of cloaths to his back perhaps 200 miles
from the place he set out, often carrying with him considerable
sums of money and disposeing of it among many poor people to
encourage and enable 'em the better to settle the back lands, and
altho' it had been alledged that Mr. Burrington had taken the
great quantity of the King's lands to his own use, we say that
most part of that land lies so far back that it can be of no service
to Mr. Burrington or to any other for 100 years to come and
even that he paid ready money for that it might encourage others
to settle the back lands. Notwithstanding these many good
offices which that worthy gent, has done for Province with many
thousands more, he is now mangled with the imputations of
violence, tyranny, perjury etc., and yet stands unconvicted of either
of them all, which tho' never so pleasing to a few persons, at most a
dozen, which we know to be the whole number of his enemys will
never be grateful to the province in general, who will for ever (and
deservedly) hold ever his memory in esteem and veneration ; the
Ministry at home are not insensible how easy a matter it is to get
an Assembly in the Plantations to asperse and callumniate a
gentleman at a distance, especially as many precincts in this
Province were not advised of their elections until! the very day of
electing (witness Curntuck and Carteret precincts) the latter of
which petitioned for redress but had his mouth soon stopped with
an Office ; 'tis moreover evident that the Gentlemen who spoke
their intentions freely and gave their sentiments as they thought
for the good of their countrey did not only incurr great displeasure
but were also hindred the means of getting their daily bread.
Instance Mr. Samuel Swann and Mr. Walter Lane. Collo.
Hanmer is likewise a suffering tho' innocent instance, who acted
as Chief Justice of this Province by a Commission under the Seal
of the Collony and by the general approbation of the Council and
to the great satisfaction of all men with regard to dispatch,
justice and levity and at a time when Mr. Smith now Chief
Justice was not in the Province. Yet this Gentleman has been
tossed into gaol and held there a winter's night and all manner of
bail refused him, tho the best gentlemen in the country and the
most responsible tendered themselves, and is now obliged to
dispose of his estate here and in Virginia and to part from his
family in hopes to be redress'd where liberty is not trampled
AMERICA AND WEST INDIES. 79
1735. [133]
under foot, which we hope he will meet with. Your Excelly. is
pleased to call our deed of grant a temporary letter of attorney
which subsisted two years only ; you may call it what you please
Sr. but we are pers waded the Lords Proprietors meant as they
wrote (if so) the Proprietors as may appear by their deed of grant
directed their Council here to grant lands to any person in
Albemarle County on the same tenure that lands were then held
in Virginia which was 2s. p. 100 acres in tobbo. at one penny the
pound as may appear by the laws of that Collony but when that
was found to be a hardship on the inhabitants of Albemarle
County by reason their lands would not produce tobbo. as well
as the Virginia lands, the quit rents then became payable in other
commodities at certain rates and at which rates these commodities
were constantly received at every man's house and the said
payments never refused by the Lords Proprietors but being
content they sent directions in the year 1712 to their Receiver
General here how he should dispose of these commodities, which
plainly shews that not only the Lords Proprietors' deputies with
the Representatives of the people here duly elected have settled
the quit rents to be payable in our commodities here at certain
prizes but there is also the Lords Proprietors' assent thereto, in
directing their Receiver General how to dispose of said com-
modities, which according to the Charter is conclusive and makes
the payment of the commodities at certain prizes indisputable in
our opinion. Your Excelly. is pleased to call our laws shamefull
collussions betwixt the Lords Proprietors' servants and their
tenants to cheat their masters ; if our laws be what you are pleased
to call them, we may be counted rather fools than cheats for
settling on so slippery a foundation ; we are perswaded it would be
little worth the Lords Proprietors' or their servants' while to make
use of any collusions to undo the poor inhabitants of this Province
which are many degrees poorer than any of H.M. subjects under
Heaven. Your Excelly. also alledges that we make a great
matter of paying the King two shillings p. hundred acres sterling
and that, if we think it a hard bargain, that we may leave the king's
land, for that they are the King's lands and not ours and that there
to your Excellys' knowledge thousands of industrious Protestants
that would come into our places gladly and pay the Crown double
the rents without clamour or noise (we thank them kindly) and
now answer that, if the lands we possess belong to the King, we
have no bargain either hard or soft, but as we know our lands to
be our own paying H.M. quit rents which we mean to do honestly,
we are perswaded H.M. would not desire us to part from our lands
and improvements here to any people whatsoever without first
satisfying us for our labour, which when done we will readily quit
the Province and seek out lands in our neighbouring Collonys
where we may call the fruits of our labour our own and where
collusions are not studied, and if your Excelly. be desirous we will
leave the blood and carcasses of our ancesstors to help manure the
ground for them which will somewhat help their industry. Your
Excelly. seems acquainted with thousands of industrious
Protestants who would gladly come into our places, wee will now
80 COLONIAL PAPERS.
1735. [133]
venture to assert that H.M. in his whole Dominions has not a set
of more faithfull Protestants than the inhabitants of North
Carolina, for that we have not a single person amongst us who
ever has been accused or found to be of any other perswasion, and
we will venture to say that your Excelly. will not pick out of the
many thousands you mention even one thousand who have not a
hankering after some other religion, which we hope sufficient to
prove us as faithfull Protestants as any others whatever. Wee
are sorry to see your Excelly. 's Proclamation commanding us to
pay our quit rent in sterling money or bills equivalent as your
Excelly. and the Council will please to assess them, which we
apprehend to be contrary to our laws and customs and even to
the conditions of the Grand Deed. Wherefore we pray your
Excelly. will please to withdraw said Proclamation and command
the officers who are to collect the same to proceed according to
the laws of this Province which you assented to by continuing
the laws of '29 and which otherwise must end in the utter ruin of
this poor Province, we further pray that your Excelly. will give
some further time for the payment of the arrears of quit rent, the
month of June being appointed for the first payment, which is a
season of the year wherein no commodity of this Province will
sell, nor is there any commodity in the countrey fit for the Virginia
markett at that time of the year being the only place we have to
get anything in return for our commodities from, and especially
as the arrears of quit rent have not become due thro' any default
of the tenants but by the officers in neglecting to receive the same
and we make no doubt but a law will pass in the next Assembly
very much to H.M. satisfaction and for the ease of the poor
tenants. There is one thing more which we begg leave to lay
before your Excelly. (to wit) the ill treatment the Grand Jury
of this Province met with at the sitting of the last General Court
at Edenton from William Smith Esqr., Chief Justice, who told the
Grand Jury they were perjured and wondered they would not
find a bill of indictment against Mr. Tho. Shervin of Edenton
when the matter was so fully proved to them, and publickly ordered
the Attorney General to bring all things before him by information
for that he would trust nothing with such men, and moreover
told Mr. William Mackey, a responsible freeholder, and then one
of the petty Jury that he would perjure himself for a shilling,
these are proceedgs. never before heard of in this Province and
altogether contrary to the liberty of a British subject and to the
power and priviledges of Grand Jury's. This we hope will be
worth yr. Excelly's while to redress, seeing it immediately
tramples liberty undr. foot etc. Endorsed, Reed, (from ('apt.
Burrington), Read 14th Oct.. 1735. 2f pp. [C.O. 5, 294. ff.
212-213 v.]
Oct. 14. 134. Mr. Popple to Mr. Willes. In pursuance of letter of
Whitehall. 4^ Sept., encloses letter from the late Governor of N. Carolina
upon the Blank patents there. Requests him to return the
letter, and to meet the Board on Thursday next etc. [(7.0. 5, 323,
/. 112.]
AMERICA AND WEST INDIES. 81
1735.
Oct. 16. 135. Governor Mathew to Mr. Popple. Encloses in a box,
st.Christophers.Minutes of Assembly of St. Christophers, Jan. 26, 1730 Sept. 5,
1733; of Antigua, March 15, 1733 March 21, 1734; of Nevis,
Aug. 24, 1730 Feb. 26, 1733, and April 29 June 21, 1735, of
Montserrat, June 25 Aug. 14, 1735. Also an Act of St. Christo-
phers, for the reviving of an Act to oblige all owners, renters or
possesors of slaves to send a proportion of their slaves to work on the
fortifications etc. Also papers for the Board in obedience to their
orders of 17th June. Also a transcript of all the laws of Nevis
1714 1735. Signed, William Mathew. Endorsed, Reed. 16th
Read 21st Jan., 1735. If pp. [(7.0. 152, 22. ff . 38, 38 v., 41 v.]
Oct. 16. 136. Same to the Council of Trade and Plantations. Encloses
st.ohristophers.foiiowing j n obedience to order of 17th June. Continues : But
I pray leave to observe to your Lordships that St. Christophers
has been at a further expence, not mentioned in the within
accompts, in fortifying that island, and which is not to be
accounted for in Antigua and Nevis, nor in Montserrat separately
from the accounts of those three islands now sent, because the
method in those islands is to include the expence of negro labour
in the amount of the several taxes rais'd. But 'tis not so in
St. Christophers, where the inhabitants are by law oblig'd to
furnish a quota of their negros to the fortifications without being
accounted to or paid for such negro labour out of the Treasury.
So that I humbly offer to your Lordships that the value of such
labour for ten years past be added to the account now gent for
St. Christophers, and by the most exact computation I can make
it has not, at an averrage for those ten years, amounted to less
than (vizt. for 160 negros commune a day at eighteenpence a day
each for four years, part of the ten, to finish the fortifications that
had been continually worked at for the five proceeding years) the
summe of fifteen hundred pounds p. annum this currency for
the whole ten years, etc. Refers to fortification of Nevis referred
to in preceding, " which I hope will hereafter preserve that island
from a total conquest, secure the women and children and best
effects, and encourage the people to a vigorous defence. I have
laid out the works for this purpose at a place calld Sadie Hill " etc.
Signed and endorsed as preceding. 2% pp. Enclosed,
136. i. Account of Powder Money, Antigua, 1725-1734.
Endorsed, Reed. 16th, Read 21st Jan., 173|. 1 p.
136. ii. Account of money raised in Antigua, 1725-1734.
Totals, Duty on liquors imported, 20,829 15s. 9Jd. ;
tax on land, 3,639 15s. 9frf. ; tax on slaves,
29,997 11s. 9d. ; house tax, 1,069 Is. 4%d. ; tax on
sale of goods imported by transient traders (1725 only),
1,347 lls. 1\d. ; tavern and punch licences,
2,487 17s. lOd. ; tax on export of produce (1728 and
1729 only), 2,260 13s. 6d. ; tax on billiard tables, 300.
Total, 61,932 7s. 8d. Endorsed, Reed. Read, Jan.
173f. 2pp.
136. iii. Acts of Antigua laying taxes or duties 1725-1734.
Endorsed, Reed, 16th, Read 21st Jan., 173f . 2 pp.
6 U).
82
COLONIAL PAPERS.
1735.
136. iv. List of Acts in force in 1731, and passed since, laying
duties or impositions on trade and shipping of Great
Britain, and of duties now payable on import or export
of negroes, armes etc. or any goods and shipping.
Endorsed, Reed. 16th, Read 21st Jan., 173$. l$pp.
136. v. Account of money raised in Nevis 1725-1734 inclusive.
Tax on negroes, 11,478 185. 6d. ; duty on liquors
imported, 1,171 3s. Wd. ; exported 48 6s. lid. ; liquor
licences, 240 18s. 6d. ; fines, 103 8s. ; duty on tonnage
of vessels, 169 17s. 4|d. ; duty on sugar exported,
1729 only, 508 9s. Signed, Edwd. Bridgwater, Treasr.
Oct. 1, 1735. Same endorsement. 2 pp.
136. vi. Account of powder duty and small arms, raised in
St. Christophers, 1725-1735. Signed, Mansell Frank,
Depty. Seer. Same endorsement. 4 large pp.
136. vii. List of laws in force, St. Christophers 1731, laying
duties on trade and shipping. Signed and endorsed as
preceding. 2f pp.
136. viii. Account of money raised in Montserrat 1725-1735.
Total, 12,310 14s. 4d. Same endorsement. 2 pp.
136. ix. List of laws in force, Montserrat, 1731, laying duties
on shipping of Great Britain, and imports of negroes,
liquors, and goods. Same endorsement. 1 p. [C.O.
152, 22. ff. 39-40 v., 43, 44 v.-47 v., 48 v., 49 v., 50 v.,
51 v.-58, Q5v., QQv.]
Oct. 17.
Whitehall.
Oct. 17.
137. Council of Trade and Plantations to Lord Commis-
sioners of the Treasury. Enclose accounts of incidental charges
of the Office, Midsummer to Michaelmas, and request payment
for one quarter's salaries now due. v. Journal. [C.O. 389, 37.
pp. 365, 366.]
138. Memorandum by the Trustees for Georgia etc. That
the Duke of Newcastle could signify to the Lt. Governor of S.
Carolina that H.M. had confirmed the Act for maintaining the
peace with the Indians etc. f p. Enclosed,
138. i. Order in Council April 3, 1735, confirming and quoting
Act referred to in preceding. Signed, Temple Stanyan.
Copy. Printed by John Basket. 11 pp. [C.O. 5, 654.
ff. 18, 20-25 v.]
Oct. 18.
Connecticut,
Hartford.
1 39. Governor Talcott to the Council of Trade and Planta-
tions. Replies to request for return of duties laid on British trade
and shipping etc. In 1731 the only Act of the kind in force was
an Act concerning free trade, by which a duty of 12s. Qd. on every
100 of goods imported into this Colony was levied : which Act
was explained by an Act of our Assembly in the fourth year of
King George the first to be only on goods imported on the neigh-
bouring provinces. Also an Act past by the sd. Assembly in the
ninth year of King Charles the first laying a duty of fourpence
pr. gallon on rhum imported into this Government in vessels not
AMERICA AND WEST INDIES. 83
1735. [139]
belonging to any of ye inhabitants of this Colony and of three-
pence pr. gallon when imported in vessells belonging to the
inhabitants of this Colony which Acts are lying before your
Lordships in the Law-book of this Colony lately transmitted to
you. And since ye time above-mentioned no law has been passed
laying any duty in any of the cases mentioned by your Lordship
etc. Signed, J. Talcott. Endorsed, Reed. 12th April, Read 20th
Oct., 1736. l^pf. [C.O. 5, 1268. ff. 206, 206 v., 210 v.}
Oct. 20. 140. Mr. Concanen (Attorney General, Jamaica) to the Duke
Spanish Town. o f Newcastle. Hitherto I have given your Grace, but little
trouble by letters from hence, because I know too well the vallue
of your Grace's leisure to think much of it ought to be taken up
in peruseing my observations. But an affair has lately happened
upon which it would be allmost criminal in me to be silent, and
therefore I unfold it to your Grace without further apology.
About the beginning of September last, one Mauritius Vale, a
person of figure and consequence in this country was convicted of
a murder and received sentence of death accordingly. From what
is to follow my Lord, you'll see the necessity of my saying (as the
truth is) that the conviction of this person was owing to my doing
the duty of my office, without favour or fear. For the people in
general were as much surprized to see a man in my station act in
earnest upon such an occasion as pleased at the proof that an
Assembly man, and one of much land, could be brought to the
gallows for any crime whatsoever. And the tradeing folks were
so transported (for the person murdered w r as a merchant) that I
received their publick thanks, since the tryal, particularly the
Bristol men's, in a manner, neither inconsistent with my honour
nor profit. But this, my Lord, is a kind of digression. The late
President, Mr. Ayscough, was upon this in furious haste to secure
the forfeiture to his family ; and immediately ordered a grant
of the houses, lands and negros (which Vale held, and which were
forfeited by his attainder) to be made ready for the Great Seal,
in favour of his own son Mr. Thomas Ayscough. These houses,
lands and negros at a very low computation are worth about
fifteen hundred pounds. Now, my Lord, by the course of business
here, all orders for grants and patents must be brought to the
Attorney General who thereupon writes a warrant to the Clerk of
the Patents, to make out such grant etc. before the same can be
regularly pass'd. I presume the reason of this originally was,
and still is, that the Attorney General might take care that no
patents should pass, either repugnant to the King's Prerogative,
or contrary to law. In this case, my Lord, I had some doubts
from two different laws of this country, whether the President
could lawfully grant away this forfeiture ; and therefore took
some time to consider whether or no I should sign any warrant
for passeing the patent. In the meanwhile H.M. Instructions to
Genl. Hunter fell in my way (by which according to the directions
therein, the President ought to govern himself) among which I
found a very positive Instruction that no forfeitures should be
granted away till H.M. was acquainted therewith, and his
4 COLONIAL PAPERS.
1735. [140]
pleasure known thereupon. Upon this, my Lord, I absolutely
refused to sign the warrant for this Patent, tho several arguments
of several kinds and by several persons, as also some menaces,
were used to induce me to do it. The consequence of this was.
that the President being sick, and his friends apprehending the
loss of this morsel, they prepared a patent, and fix'd the Great
Seal to it without more ceremony. This I am told was done in
his presence ; and his name wrote by one of the company at the
lower end of the patent, at a time when he was hardly capable of
giveing directions for so doing. However the Clerk of the
Patents refused to put his name (according to the course here) for
want of my warrant : and thus the grant was perfected, tho the
patentee is now in actual possession of the premisses. I thought
myself obliged to inform your Grace of this matter, to the end
that H.M. Instructions may in some measure be fullfilled by
H.M. being apprized of this forfeiture (because the present
President may perhaps overlook it, as not happening in his govern-
ment) and to the end that your Grace may be satisfied, that if it
shall be H.M. pleasure to grant this forfeiture to any other person
the present mock patent may very easily be vacated. If your
Grace was to hear how H.M. Instructions have been treated here,
I am sure it must fill you with indignation. The common
expressions upon this occasion being Factum valet, quod fieri non
debuit ; and when the King finds Mr. Ayscough in England, he
may punish him for the breach of his Instructions. I will make
no reference from hence, but hope that I shall see no more com-
manders of this Island, whom we may not expect to find in
England, if they deserve to be called to an account. For my part,
my Lord, I own I have in view by this lettr. the recalleing to your
Grace's memory, a person to whom you was once so good as to
promise your Grace's protection, while he continued to deserve it.
And I therefore humbly beg leave to put your Grace in mind of
the condition I was lately in here for refuseing to do what I
thought a breach of my oath and my duty. For if Mr. Ayscough
had not, luckily for me, died at the time he did, I was irretrievably
condemned for that single crime of non-feazance, to be suspended
from my office, and put to the fatigue and expence of a voyage to
England to sue for justice before H.M. in Council. After begging
your Grace's pardon for this long letter, I will conclude that from
what I have heard and seen ; I mean of our great men in this
country ; I know not how soon I may be compelled to wait at
your Grace's door in hopes of that protection, which it shall be
the ambition of my life to deserve ; but your Grace may rest
assured, that while I live, I will never come with any case that
may shame my Patron. And I doubt not if justice and integrity
appear to vouch for me, I shall be nevertheless notic'd by your
Grace, tho I am your Grace's poor but dutifull servant. Signed,
Mat. Concanen. 3| pp. [C.O. 137, 55. ff. 211-212 v.]
[Oct. 21.] 141. Representation of the principal inhabitants of North
Carolina, dwelling at Cape Fear River and the parts adjacent, to
the Council of Trade and Plantations. State case of themselves
AMERICA AND WEST INDIES. 85
1735. [141]
and others, who claim land by virtue of grants under the seal of
the late Lords Proprietors. Abstract. Their first terms of
granting lands being found too hard, the Lords Proprietors
empowered Governor John Archdale, about 40 years ago, to sell
land at 20 pr. 1,000 acres, with Is. per 100 acres rent, but for land
that lay above 100 miles from Charles Town, at 10 pr. 1,000 and
6d. pr. 100 rent. This method was followed until the arrival of
George Burrington, H.M. Governor, in Feb. 1731. Divers of the
subscribers hold lands on the latter terms, others have paid to the
Receiver General 20 pr. 1,000 sterl. with Is. pr. 100 rent, these
latter grants being agreable to warrants since the Proprietors
raised the price of their lands etc. They never imagined that any
disputes would arise concerning grants issued before the arrival
of Governor Burrington, conceiving that, until new orders should
come from H.M. the acts of the Governor and Council, being no
other than what was accustomed, would remain valid. H.M., by
his Instructions to Governor Burrington directed only an account
to be taken of such land as had been granted since H.M. purchase,
that such orders might be given as should be thought convenient
etc. As the purchase mony arising by grants issued since July,
1729, the time of H.M. purchase, was applyed by order of Govr.
and Council to defray the charges of running the boundary with
Virginia etc., we make not the least doubt, but that H.M. will be
graciously pleas'd to direct, that the possessors of those lands may
hold the same on the terms in the several grants mentioned etc.
This hope is strengthened by the fact that the money arising from
such grants was paid to the Receiver General, and by him applied
by order of the Govr. and Council etc. Continue : We do not
only find the grants beforementioned like to be disputed ; but to
our great astonishment, those grants that were issued before H.M.
purchase are like to be called in question : altho' by the tenor
of the Act of Parliament by wch. H.M. purchas'd, all such lands
are accepted as passed the seal of the Province. The calling
these grants in question, is what we gather from the purport of
the Quit Rent Bill as amended by the Council, and one other Bill
propos'd by the Council, as also by sundry proclamations and
advertisements, and the errecting a Court of Exchequer etc.
As the interest of so many of the inhabitants was concerned etc.,
several mesne conveyances having been passed from such grants
etc., we thought it our duty to apply to H.E. that no farther
proceedings might be had, until we had the opportunity, by
applying to yor. Lordships, to procure a more favourable inter-
pretation of the royal instruction, etc., which being granted by the
Govr., pray the Board to judge their case etc. Continue : We
thought ourselves exceedingly happy in being more imediatly
under H.M. Governmt. etc. ; we expected that the lands would
have been granted on the same terms etc. as in Virginia : the lands
in that province being much more valuable (occasioned by the
good navigation) than it's possible they will ever be in this, where
the navigation is so bad, and the land, in general, much worse.
Instead of this, we find the rents not only enlarged for the future
and much larger fees taken than ever were heretofore ; but an
86 COLONIAL PAPERS.
1735. [141]
attempt made here (as we think contrary to the royal intention) to
vacate those grants that were pass'd before H.M. purchase etc.
Continue : The principal objections that we think are possible to
be made against the validity of the grants may be reduced to two
heads, vizt. first, the want of power in the grantors ; second the
frauds, or injuries committed by such grants. As [to] the first ;
besides what has been before expressed etc., the notoriety of the
Land Office being shut (as is sometimes urged here) is not so in
fact ; it having always been the received opinion, that were the
inonys required by the Proprs. paid, or an equivalent thereto, as
divers of their instructions intimate, grants were to pass of
course etc., etc. Concerning the second, that much talk hath been
made etc. touching blank patents, and orders sent for an enquiry
into such frauds. This has produced a regular enquiry before
H.M. Governor at the Council table, to wch. the Secretary (whose
business it has always been to be prepared with proper vouchers
for his issuing grants) made an answr. to the full satisfaction of
H.M. Govr. and Council ; and since the arrival of the prest.
Governor proclamations have been issued ; persons appointed to
enquire into frauds, courts errected and held, and other methods
used, but not the least sign of any fraud has appeard. Represent
the method that has been used, (time out of mind) in issuing
grants. Blank grants were lodged in the Secretary's office, which
the Secretary caused to be fill'd up, as they were demanded ; if
the lands were taken on arrival of rights vizt. 50 acres for each
person that came to settle in this Province, the Secretary kept
the proof of such rights or enter'd it under the grant of his
voucher ; if on purchase, then the Receiver General's recpt.
Something was offerd about the year 1718 to prevent the signing
blank grants as usual, but at a Councel held 1718, Mr. Eden
being Governor and Mr. Knight Secretary, it was then the
unanimous opinion of ye board that grants should be signed
blank etc., and this without the least view or intention of fraud,
nor can we well conceive how a fraud could be committed, without
its being very easily detected, in regard the Secretary, if call'd
upon, was to produce his vouchers ; and it would be very easy to
detect such fraud, if any, by comparing the records in the
Secretary's office, with the Receiver Genl.'s accots. etc., etc.
Continue : The frauds may be of two sorts, the first respecting
the monys paid or numbers of acres granted : the other in case
those grants were fill'd up for lands justly claimed by other
persons : and as so much had been made at the last Assembly
both within dores and without : some who were members of
Assembly being very desireous that such abuses should be
detected, propos'd two clauses to be added to the Quit Rent Bill,
the one to vacate all such grants as had been issued without the
number of acres incerted, and such as the purchase mony had not
been truly paid, and in that clause the most effectual method was
propos'd to make the discovery by interrogating the partys and
examining witnesses on oath before the Governor and Council or
in any other Court he should appoint ; the other clause was to
vacate all such grants, how regular so ever issued, that had been
AMERICA AND WEST INDIES. 87
1735. [141]
laid on land justly claim'd by others : by those two clauses added
by the Assembly, frauds, and injurys of any sort would have been
effectually remedied. But those two clauses were rejected by
the Council without any offer of amendment in case they had
been thought in any part defective etc. Discuss the essential
forms of grants. Continue : As to frauds in blank grants being
issued in such a manner as to leave the party possessing them
room to incert more acres than were intended, we solemnly
declare, we know of no grants issued without the numbrs. of
acres, and purchase mony incerted, nor do we believe any such
has been other than what is mentioned in that transaction wch.
was before the Governor and Council conformable to H.M. royal
instructions to Governor Burrington ; thereto the Secretary made
such answr., as the Govr and Council unanimously aquitted him.
We are informd, that it is suggested some blanks are still extant,
but as we know of none, so we think were there any such, the
frauds by them committed etc. will be very easily discovered by
the method proposed by the late Assembly. We surely trust yr.
Lordps. will not be of opinion, that because there is a possibity
(and we think it is but barely such) of frauds that may be com-
mitted ; therefore all promiscuously shall be vacated etc. Cannot
believe that their Lordships would use vacate grants on these
grounds as a view to increasing H.M. rents etc. The gainful
prospect of a great number of fees to the several officers on issuing
new grants may have been a motive for the stir made in this
matter etc. Understand that suggestions have been made in
England of very great quantities of land held in an illegal and
clandestine manner, " and particularly that Col. Morris Moore
and Roger Moore, Esq., have each one hundred thousand acres.
A wicked and untrue suggestion, so far from truth that upon the
best enquiry we can make all the inhabitants of this river do not
in the whole hold one hundred thousand. We the subscribers who
are the principal inhabitants, upon a strict examination find,
that ourselves and those our relations and friends do not hold or
claim by our grants more than about seventy-five thousand acres
of wch. about twenty thousd. are since H.M. purchase, and even
of those before the purchase about fifteen thousand are so
wretchedly poor, that we shall readily part with them, rather than
hold them on a higher rent than our grants specify, and as our
familys and those under our care consist of near 1,200 souls
yr. Lordps. will easily discern how much the settlement of this
place, and the increase of its trade is owing to us ; so that were
the lands given to us clear of any rent, H.M. would be no looser
seeing so great an increase of his revenue has been promoted by
the settlemt. of this place, and the encouragmt. the trade has met
with from us and our friends without which even at that time
scarce one vessell in ten would be timely dispatchd. etc. Do not
hold so much land as H.M. officers claim to hold by themselves
and their friends, one tenth of their number. Signed, John
Porter, Edwd. Hyrne, Jno. Swann, Sam. Swann, Jo. Davis, M.
Moore, Thos. Jones, Nathll. Moore, Jn. Davis. Endorsed, Reed,
(from Mr. Wragg), Read 21st Oct., 1735. 6| large pp. Enclosed,
88 COLONIAL PAPERS.
1735.
141. i. Copy of two clauses proposed to have been inserted in
the Quit Rent Law, N. Carolina, v. preceding. Same
endorsement. \\ pp. [C.O. 5, 294. ff. 225-229 v.,
230 v., 231 v.]
Oct. 21. 142. President Dottin to the Council of Trade and Planta-
Barbados. tions. I am honour 'd with your Lordships' commands of the
seventeenth of June last directing me to transmit as soon as
possible an account of the amount of the money which has been
raised in this Island, by any dutys or impositions on the importa-
tion or exportation of negro's, wines, or any other goods or
merchandizes, or by any other taxes payable by or collected upon
the inhabitants of this Island for ten years last past etc. together
with an account of what laws were in force here 25th March, 1731,
and what laws have been since pass'd by which any dutys or
impositions are laid on the trade and shipping of the Kingdom, as
likewise an account of what dutys or impositions are now payable
by any Act or Acts of Assembly in this Island on the importation,
and exportation of negroes, wines or other kind of liquors, or any
goods, wares or merchandize, and shipping, etc. I have in
obedience to your Lordships' directions taken all possible pains to
get the best information I can relating thereto, and humbly beg
leave to referr your Lordships to the accounts herein inclosed,
which I hope will be satisfactory for the purposes they are
wanted, and as it will thereby plainly appear what very large
sums have been annually raised here to the great impoverishment
of the planters who are now exceedingly reduced, I doubt not
but that there will be some care taken to preserve the trade of this
Island, and save the inhabitants from the ruin they are threatned
with, occasioned by the low price of their staple produce, which
chiefly proceeds from it's being confined to a home consumption,
and the heavy dutys laid thereon, while our neighbours the French,
by the advantage of a direct exportation, easy dutys, and a
freedom of trade have greatly enrich'd their settlements, and
added a considerable advantage to that kingdom, but as I intend
soon to take the liberty of .troubling your Lordships with an
enquiry that has been made concerning the trade and settlement
which has been encouraged by the French in the adjoining Islands,
I shall not now take up your Lordships' time by enlarging thereon.
Your Lordships will observe that I have taken the liberty of
adding to the accounts you directed me to send, another account
of the annual expence of the Government of this Island, with the
amount of the publick debts now remaining due and unpaid, which
indeed appears to be a very large sum to be raised from a trade so
greatly declined, and a people so poor, and I am inform'd the
publick credit is now at so low an ebb that the matrosses are by
their necessitys obliged to part with an order on the Treasurer for
twenty-five pounds for no more than seven pounds being the most
that they can get for it, and to me it seems a thing not to be
thought of, to lay more taxes on the inhabitants for payment of
these debts, when experience convinces us how unable they are to
AMERICA AND WEST INDIES. 89
1735. [142]
answer their present levys, and it is manifest there is not running
cash in the Island to carry on the present small trade thereof.
I have taken the liberty of making some remarks on the accounts
and of the laws now in force laying any dutys or impositions on
the trade and inhabitants of this Island, which I hope will not be
deemed altogether improper, and should have represented the
five Acts your Lordships have been pleased to mention that his
late Excellency recommended to be repealed to your consideration
for that purpose, they being thought by the merchants and traders
to be cramps on trade, but I have so very lately received your
Lordships' directions to take the opinion of the merchants and
planters on that affair that I shall omit adding anything further
thereon at present. This Island is very much obliged to your
Lordships for your favourable report to H.M. concerning the
ordinance and arms to be sent hither ; and I shall not fail after
their arrival to acquaint your Lordships of our receiving them,
tho I am sorry to be inform 'd we are to have no small arms unless
security is first given for payment of them, which truly the Island
cant possibly do, and I hope will on further consideration not be
insisted on for the reasons I took the liberty formerly to mention.
It is almost incredible to conceive how very large sums of money
have been raised from the four and a half p. cent, duty paid on our
produce, and had that been collected with the least expence, and
applyed to the uses for which it was intended when granted, this
Island might have been now in a very good posture of defence
as to it's fortifications and stores, and probably been clear of
debt, whereas I am inform'd tho so very large sums have been
raised therefrom the clear profitt going into the Exchequer has
been but small, and had the officers, instead of paying themselves
here their own salarys in the manner they have done, been obliged
to remit the whole collection home and had annually their salarys
and expences sent them from England hither in commodious
peices of silver to pass in payment for something more than their
real value, that method it is conceived besides adding a much
greater ballance to the Crown, wou'd have occasion 'd a currency
of cash here by keeping that money in the Island which is now
carryed from it. The French Colonys, I am informed, have felt
very considerable advantages by this method, their King having
sent them such silver to pay off his officers and to lend the
planters in time of need, which is in a small proportion of less
value than a regal or a bit, but they pass currently as such and are
stampt particularly for these occasions. I must beg your Lord-
ships' pardons for taking up so much of your time and shall only
add that as there has lately happen'd a vacancy in the Council
here by the death of Colo. Terrill, I thought it my duty to mention
it and shall be extreamly obliged if your Lordships will do me the
favour of recommending to H.M. Abel Dottin, Esqr., who is a
gentleman every way qualifyed to fill up that vacancy. I cou'd
enlarge greatly on his character and ability s were he not my
nephew, tho' I cant help saying thus much that no person in the
Island can possibly be recommended more worthy of that station,
and who can and will discharge the dutys thereof with greater
90
COLONIAL PAPERS.
1735.
[142]
sufficiency s etc.
8th Jan.
142. i
Signed, James Dottin. Endorsed, Reed., Read
3 large pp. Enclosed,
Account of money raised by duties and taxes, 8th Feb.,
1724 13th Sept., 1735. Totals : (apart from powder
duty) 1725, 26,709 Os. 8d. ; 1726, 32,262 4s. lljd. ;
1727, 31,057 2s. 3d. ; 1728, 28,458 6s. ld. ; 1729,
18,333 17s. Ojd. ; 1730, 22,231 13s. 3f&. ; 1731,
15,434 16s. Q\d. ; 1732, 13,062 12s. 3fd. ; 1733,
11,088 6s. 5}d. ; 1734, 10,353 6s. 10d. ; 1735 (13th
March 13th Sept.), 5,186 16s. Qd.
142. ii. Annual expenses of the Government (Officers, Courts,
Matrosses etc.) 5,901 6s. Sd., besides Governor's salary
and casual expenses. Mr. Worsley's salary was annually
7,800 ; Lrd Howe's, 400. Orders on the Treasury
now unpaid amount to 23,143 12s. 2%d. 1\ large pp.
142. iii. Account of laws in force March 25, 1731, and laws since
passed laying duties on trade and shipping of Great
Britain, negroes, imported or exported, wines, goods and
shipping etc. 5 large pp. Nos. ii and iii endorsed.
Reed., Read 8th Jan., 173f. [O.O. 28, 24. ff. 135-
136 v., 138-144, 145 v.]
Oct. 21. 143. President Dottin to the Duke of Newcastle. Recom-
Barbados. mends Abel Dottin for Council as in preceding covering letter.
Signed, James Dottin. 1 p. [(7.0. 28, 45. /. 335.]
Oct. 23.
Boston.
Oct. 25.
Albrohatch.
1 44. Governor Belcher to the Duke of Newcastle. Refers to
letter of Aug. 1 9. Continues : I have had an interview with them [i.e.
the Western Indians], I think to their satisfaction, and to my own,
as I judge it will be for H.M. honour and service, in bringing
those tribes into a better subjection to the British Crown, and
thereby lengthen out the peace of these Provinces with those
Nations etc. Signed, J. Belcher. Enclosed,
144. i. Conference, held at Deerfield, N.H., 27th 30th Aug.,
1735, between Governor Belcher and the Chiefs of the
Cagnawaga, Houssatonoc and Scautacook tribes of
Indians, and some St. Fra^ois Indians and Moheegs.
Printed. 19pp. [(7.0.5,899. ff. 177, 177 v., 179-188.]
1 45. Mr. Bladen to the Duke of Newcastle. In the year 1710
there passed an Act of Assembly in South Carolina, constituting an
officer called the Vendu Master, and by a clause in the same Act,
of which I take leave to send your Grace a copy, the nomination
of that officer was placed in the Governour of that Province for
the time being ; and the late Governour Mr. Johnson, at my
request, bestow'd it upon Mr. Badenhop, a nephew to Monsieur
Payzant, and an old servant to my Lord Gallway. I have been
informed that application has lately been made to your Grace, to
bestow this employment upon some other person ; but as
Badenhop is a very honest poor man, and in possession of that
office by a proper constitution, I humbly intreat your Grace not
to remove him, and I shall add your favour herein to the many
AMERICA AND WEST INDIES. 91
1735. [145]
obligations I already owe you etc. Signed, Martin Bladen. 2 pp.
Enclosed,
145. i. Clause for Act of S. Carolina, 1710,/or appointing a public
Vendu-master etc. 1 p. [C.O. 5, 388. ff. 131, 131 v.,
133.]
Oct. 27. 146. Order of Committee of Privy Council. Referring folio w-
Whitehaii. ing to the Council of Trade and Plantations. Signed, W. Sharpe.
Endorsed, Reed. 14th, Read 18th Nov., 1735. 1 p. Enclosed,
146. i. Petition of William Hodgson to the King. Abstract.
The late Lords Proprietors of Carolina granted petitioner
in 1715 four baronies annexed to his title of Landgrave,
and also baronies annexed to his title of Cassique. He
registered his patent in Carolina, and has been at great
expense in getting several parcels of land admeasured
and planned out. But H.M. late Governor of S. Carolina
would not permit him to run out the rest, although he
has not been guilty of any neglect or forfeiture of his
patent, neither could he have his plans registered sooner,
in regard the Land Office was shut up soon after the
grant, and immediately after the same was opened he
applied to H.M. Governor etc. Petitioner intermarried
with a sister of the late Lord Craven, a Lord Proprietor
etc. Prays that his claim may be examined and instruc-
tions given to the next Governor accordingly. Copy.
146. ii. Copy of Landgrave Hodgson's grant, April 1715,
referred to in preceding. Latin. 1% pp. [(7.0.5,365.
ff. 8, 9,0*., 10 v., 11, 12.]
Oct. 27. 147. Order of Committee of Privy Council. Referring follow-
Whitehaii. i n g to the Council of Trade and Plantations for their report
thereon. Signed, W. Sharpe. Endorsed, Reed, (from Mr. Furie),
Read 31st Oct., 1735. 1 p. Enclosed,
147. i. Petition of George Morley, Provost Marshal, S. Carolina,
to the Queen in Council. Abstract. Holds his office by
assignment of H.M. letters patent. Has been at great
expense in going over and putting the office into order.
There is no salary attached, and, there being no provin-
cial gaol, petitioner has been obliged to fit up a house
for that purpose at his own cost. The profits are very
small, though the trust is great. Prays for an allowance
out of the quit-rents etc. Signed, Geo. Morley. Copy.
1| pp. [C.O. 5, 365. ff. 5, 6, 6 v., 7 v.]
Oct. 27. 1 48. Order of Committee of Privy Council. Referring follow-
Whitehall. ing to the Council of Trade and Plantations for their opinion
thereupon. Signed, W. Sharpe. Endorsed, Reed. 12th, Read
17th Dec., 1735. I p. Enclosed,
148. i. Memorial and Proposal of the Merchants of London,
Bristol and Liverpool and others trading to and interested
in H.M. Island of Jamaica, to the King. The said
2 COLONIAL PAPERS.
1735. [148 i.]
island being by its situation, in a manner surrounded by
the settlements of France and Spain, is in time of warr
with either or both of those Nations, in danger of being
taken and plundred, and lyable to have its trade and
navigation annoyed and interrupted by the French and
Spaniards ; but capable, if well peopled, with assistance
of your Majesty's ships of war stationed there .and by
privateers belonging to the Island, not only to distress
and plunder the French and Spanish settlements, but to
annoy and interrupt their trade to and from the islands
of Hispaniola and Cuba, Carthagena and Portobello, and
other the ports of the Main, on the North side of New
Spain. The produce of the said Island itself, in sugar
and other commoditys, has been computed for many
years past, at upwards of 700,000 a year ; one part of
which is sent from thence to your Majesty's Northern
Colonys in America, as well as another part consumed in
the Island but much the greatest proportion of its
produce is imported into this Kingdom etc. Quote
report of Council of Trade to House of Lords, Jan. 1735.
Besides this, the situation of the Island intirely occasions
a very great trade to be carried on by the South Sea
Company or Assientists and other your Majesty's
subjects with the Spaniards and others for negroes,
provisions and other manufactures, whereby considerable
quantities of silver and gold, cochineal and other dyeing
goods etc. are brought annually into this Kingdom, to a
very great value. The Island is capable of producing
double the quantity of sugar and other the commoditys
it does at present were it fully settled ; and one great
reason that the Island is not better peopled and settled
is owing to several persons having, or being in possession
of great tracts or runs of land and either refraining to
settle them themselves or refusing to sell them to
persons who would settle them etc. Quote report of
Council of Trade, Jan. 1735. Continue : The number of
white people capable of bearing arms, who have been
always looked upon as the greatest security of the said
Island, is now much less than at any time for more than
forty years past and are daily decreasing insomuch that,
by the best information your Memorialists can obtain,
they are not 2000, at this time, and the Lords of Trade
observe that " the Island is more destitute than ever of
white inhabitants whereas the negroes are upwards of
100,000," whereby the inhabitants are in the greatest
danger, not only from the negroes etc., but also upon a
rupture with France and Spain etc. Unless some
immediate and effectual incouragement be given, and
steps taken, for procuring the welfare and safety of the
said Island etc., it must unavoidably fall a prey, sooner
or later, to a foreign or intestine enemy. Therefore etc.,
it is humbly proposed, That your Majesty will be
AMERICA AND WEST INDIES. 93
1735. [148 i.]
graciously pleased to instruct the Governor of Jamaica
to recommend to the Assembly to exert themselves in
doing everything in their power for the better peopling
and settling the Island, and particularly, First to pass a
law free from all and every the inconveniencys or clogs
of any former laws passed for this purpose, whereby all
persons may be divested of those extensive tracts of
land which now lye uncultivated, by the reassuming
those antient grants that have hitherto been useless,
even to the owners as well as to the publick ; and that
no part or parcel of such tracts of land so re-assumed,
shall be granted to any person or persons, but only such
persons that may have a plantation already settled, and
adjoining to any such land reassumed, and shall want
land for the inlarging such plantation only ; or to such
persons as shall be new setlers in or new comers to the
Island and to no one person more than acres, with a
proviso in the said grant, that unless one-third or more
of the land so granted, be cleared of wood, and planted,
either in provisions or some of the product of the Island
within - years the same to revert to the Crown.
Secondly, the making provision by raising a sum of
money, to incourage, for a term of years, all persons who
shall transport themselves to the Island by providing
every such person so transporting himself at his own
expence, or transported at any other person's expence
(not an inhabitant of or who has an estate or plantation
in the Island already) within such space of time, with
provisions and necessarys for the term of one whole
year from the time of their severally obtaining grants of
land, in order to their setling and becoming fixed
inhabitants in the Island. Thirdly, whereas by an Act
for regulating servants etc. 1682, it is enacted, that " all
and every master or masters of slaves for the first five
working slaves shall be oblidged to keep one white man
servant, and if the number increases to ten, two, and for
every ten after, one." And whereas such Act was
repealed by an Act to incourage the importation of white
men etc. quoted, and whereas the said Act is tacitly
repealed by an Act now in force, and generally passed
annually, whereby it is enacted, " that every owner of
negroes not keeping one white man or woman, white
boy or white girl, fourteen years old at least, for every
thirty slaves shall pay etc." Therefore that every
owner of negroes shall be oblidged by law, to keep a
white man or woman for his every first ten negroes, two
for his first twenty, and one for every twenty after or
pay a certain sum in default, and that it be provided by
law, that a register be taken of all the negroes that are
at this time tradesmen or handicrafts of any kind, boat,
canoe, or wherry men in the Island, and that only such
negroes shall be employed in any trades, boats or
94 COLONIAL PAPERS.
1735. [1481.]
wherrys, as shall be register'd, and that no negroes shall
be brought up to any trades, or to be wherry, boat or
canoe men for the future.
These articles your Memorialists imagine, from their
information of the conduct of some former Generall
Assemblys, may not be so readily come into by many
Gentlemen who may compose as well the Council as the
Assembly of the Island ; therefore they think proper to
observe to your Majesty on the occasion that the
expence the Island will be at in incouraging and increas-
ing new setlers, and indulging and cherishing new comers,
by giving them land, and providing them with provisions
and other necessarys will be amply made up to the
present owners of plantations, by raising the value of
their estates in proportion as it will render them so much
more secure : and that the charge of keeping a white
man or woman, in proportion to the negroes mentioned,
will be sufficiently made good to the planters in the
advanced price of the product of their plantations, or the
freight of it to Great Britain. If it be but considered
that the negroes who may be intended for tradesmen,
will answer to the planter near as much by working in
the feild with the hoe etc. as the charge of the white
tradesmen, as also that a greater number of white
people in the Island will necessarily occasion a greater
consumption of all kind of manufactures and provisions :
that the greater the Island's demand shall be for all kind
of manufactures and provisions, the greater will be its
trade, and consequently, the greater number of mer-
chants will exercise commerce to it, which will necessarily
render all sorts of merchandize cheaper than otherwise
in the Island and always occasion an increase of shiping
to it which will ever be attended with the product of the
Island being more wanted, and selling at a much higher
price : and that, as it will certainly follow that there
will be an increase of new settlements and people the
publick taxes necessary to be raised will consequently
soon be lessned to the present inhabitants by their
living not only a greater number of persons to pay
towards such taxes as shall be necessary to be raised
on the inhabitants directly, but also a very great increase
made to the revenue by the dutys of import and export
settled for the support of the Government, which
revenue, tho' some additional impositions were laid some
years ago on several commoditys imported and exported
has produced for many years much less than it did many
years ago, cheifly owing to the decrease of the white
inhabitants etc. Were what is here observed fully
considered, and the false and narrow notions laid aside
in general, such as that the importations and exportations
of commoditys should be confined to one or two ports
and all others be discouraged, which must necessarily
AMERICA AND WEST INDIES. 95
1735. [148 i.]
put many of the planters to a great expence in carrying
their product to market and occasion all other necessarys
and requisits for planting to come dearer to them ; and
that the product of the plantations will sell the better,
the fewer the settlements in the Island which has
induced so many persons to ingross such great tracts of
land, or that the raising money for the support of the
Island by taxes on trade and navigation or imported
commoditys and shipping, which is a great discourage-
ment to traders sending their effects and ships to the
Island, will ease their landed estates, which are all
pernicious notions, and would they fall upon doing some-
thing among themselves for the increase of people and
better settlement of the Island, not only their own
interest would be ye better secured but the interest of
their Mother country grately promoted etc. Propose
that H.M. Governor be instructed to acquaint the
Assembly that, in case they shall comply with these
several things so much for their own interest etc., H.M.
will not omit taking the first opportunity after your
Majesty is informed of their compliance of recommending
to the Parliament of Great Britain the giving assistance
to the inhabitants of the Island, by the making effectual
provision for the incouraging a considerable number of
persons to transport themselves and familys to Jamaica
to become settlers and fixed inhabitants of the Island ;
and to assure them that H.M. will take all other occasions
of increasing and strengthning the Island, and incourag-
ing the vent of sugar and all other the product of the
Island. Though Memorialists conceive that the several
things here proposed will, if rendered effectual, bring full
security to the Island, and lessen the expence as well to
this Kingdom in maintaining soldiers in Jamaica, as to
the inhabitants in additional pay etc., yet as they will
necessarily take up a considerable space of time, from the
time when H.M. shall give instructions to His Governor
etc., therefore they humbly presume, as well for the
security of Jamaica, as the protection of the trade and
navigation etc., that H.M. will be graciously pleased that
the ships of war already under orders of being stationed
at Jamaica may be increased by such a number of
proper ships as your Majty. shall upon consideration of
the importance of the Island of Jamaica, and the present
situation of affairs, judge proper, etc. Quote from Act
of 1734 for putting the Island under martial law for six
months. After the passing of the Act military law was
immediately published throughout the island and
upon the expiry of the time limited by the Act another
law was passed empowering the President by and with
advice of the Council to continue martial law for any
time not exceeding three months longer to the very
great surprise and infinite prejudice of all persons who
96 COLONIAL PAPERS.
1735. [148 i.]
are either traders to or traders in Jamaica or that have
debts owing to them or any kind of business to trans-
act in the said Island, for that it does not appear by
any information any of your Memorialists have been
able to obtain or any of them have had by letters
directly from their factors or correspondents in Jamaica
that there was any real foundation for the proclaiming
of martial law, and for that by the proclaiming of
martial law the Courts of Justice are shut, no process
can be had or proceeded upon for the recovery of any
debt or demand, right or property whatsoever nor any
great or considerable dealings or traffic either foreign
or domestick carried on and the Governor may com-
mand the persons of any of your Majesty's subjects,
as also their negroes, horses and cattle, ships and boats
for all such services as he shall judge may be for the
publick defence ; And whereas your Memorialists have
reason to believe that after the expiration of the last
mentioned Act martial law will be further continued,
not only to the great prejudice of all persons trading
to the island or who have debts owing them in it, but
also to the great discouragement of the trade of this
Kingdom and the better settling and peopling of the
said island unless prevented by your Majesty's Royal
Authority. Therefore they most earnestly request
your Majesty that your Majesty will be graciously
pleased to send immediate Directions to the Governor
for the time being that he do not give his assent to any
Act of Assembly to proclaim Martial Law or that he
do not put martial law in force by virtue of an Act
entitled An Act for settling the Militia for the future ;
but in case of his having very particular and certain
information of an invasion or a design in almost the
whole or a very great number of the negroes to rise in
more than one part or place of the island, by and with
the advice and consent of a Council of War to be sum-
moned for that purpose. And your Memorialists pray
your Majesty to grant this their request in regard they
conceive that neither by your Majesty's royal com-
mission to your Governor, nor by the Act for settling
the Militia there is any power either given, granted or
vested in your Governor and others to proclaim martial
law under any such pretence as the reducing, quelling
or destroying any small number of rebellious or run-
away negroes, especially so small a number as three
hundred, which, from the best information your Mem-
orialists have been able to obtain, are the highest
number that have occasioned such uneasiness to some
of the inhabitants of the Island as to induce them to im-
power your Majesty's Governor to proclaim martial law.
These the present circumstances of Jamaica and the
hardships your Majesty's Subjects trading thither
AMERICA AND WEST INDIES. 97
1735. [148 i.]
labour under by martial law, with what has occurred
to your Memorialists as most effectual for the relief,
encouraging the trade and better settling and peopling
of an island of such importance to your Maty, and all
your Subjects we have humbly presumed to lay before
your Majesty and are unanimously of [opinion] That
if the Assembly shall do but their part and your Majesty
shall be inabled by Parliament to give them effectual
assistance by incouraging a number of persons to
transport themselves to the island, that the island will
be so far in a few years from apprehending any danger
either from foreign or intestine enemys that it will
be so increased in people and new settlements as to
be able not only to defend itself from any of its neigh-
bours without and any rebellious negroes within and
to annoy in case of a rupture either the French or
Spaniards in those parts but to inlarge the trade and
navigation and increase the wealth and power of this
Kingdom. Signed by 128 persons. Copy. Endorsed
as preceding. [C.O. 137, 22. jfjf. 19, 20, 20 v., 21, 21 v.,
22, 22 v., 23, 23 v., 24, 24 v., 25, 25 v., 26, 26 v., 27, 28 t;.].
Oct. 27. 149. Mr. Oglethorpe to Andrew Stone. When I looked over
From on board the papers you was good enough to send direct to me from his
l^ng in tto Grace the Duke of Newcastle, I found there all the letters to the
Downs. Governors (v. Aug. 13), but I did not find the blank powers for
appointing a Deputy to the Naval Officer and to the Vendue
Master etc. Requests that they may be forwarded to him
c /o H.M.S. Hawk at Spithead. Signed, J. Oglethorpe. Addressed,
Andrew Stone, Esq., at the Duke of Newcastle's Office etc. Seal.
1 p. [C.O. 5, 654. jfjf. 26, 27 v.]
Oct. 28. 150. Governor Mathew to Mr. Popple. Sends transcript of
St. Christophers. Acts of Montserrat to which he has put the Great Seal. Could not
do so to several of the Nevis laws he has sent, because the Secretary
had left no room. But these were attested by the Secretary.
Encloses duplicates of two Acts of Montserrat, previously sent and
Minutes of Council of that Island, June 24 Sept. 29, 1735.
Continues : The Council of Antigua have long been employed in
settling a dockett of fees in the Secretary's Office, but that matter,
on some objections I made, is still undetermined. Signed, William
Mathew. Endorsed, Reed. Feb. 12th, Read Sept. 30th, 1736.
1 p. [C.O. 152, 22. ff. 72, 77 v.]
Oct. 28. 1 51 . Capt. Burlington to the Council of Trade and Planta-
Poiand Street, tions. Your Lordships seem'd last Thursday desirous to see a
blank patent, etc., as sign'd in the Council of North Carolina
before H.M. purchase, and left in the Secretary's office to be
compleated by him, after the Surveyor had made a proper return,
and the Receiver General given his receipt for the consideration
mony. Sixteen of this sort of patents, or drafts, were in the
custody of Mr. Little, Receiver for the late Lords Proprietors, that
98 COLONIAL PAPERS.
1735. [151]
were neither filled up, nor had the seal put to them : every one of
them were set down in Sir Richard Everard's list of patents he
sign'd after the King's purchase ; a copy of it was formerly sent
your Lordships. I suppose these unfinisht patents still remain
among Mr. Little's papers, and when the day book I mention'd
to your Lordships is required these drafts of patents may be
demanded. It is very probable some may allso be found in the
Secretary's office ; Major Robert Foster, who was Deputy
Secretary to Mr. Lovick, continues in the same imployment under
the present Secretary. This gentleman usually wrote the
unfinish't patents, and is able to give a perfect account of all that
was done in the Secretary's office, and in the Council dureing
the whole time Sir Richard Everard was Governour of North
Carolina. Your Lordships (I presume) will be better inform'd of
these matters, by hearing the depositions taken att Mr. Lovick's
examination, and his answers, read to you then by anything I
can write or say. Signed, Geo. Burrington. Endorsed, Reed.
29th, Read 31st Oct., 1735. 1 p. [C.O. 5, 294. ff . 232, 237 v.]
Oct. 28. 1 52. Governor Belcher to the Duke of Newcastle. Some time
Boston. the last month arriv'd here Capt. Smart in the ship Ogle from
Antigua, who in his passage met a Spanish wreck, one Carr master,
out of which he took the said master and his people, and twenty-
eight thousand (28,000) dollars, after this the said master order'd
his ship with what was aboard her to be burnt, altho' he said she
was insur'd in London ; I have therefore thought it proper to
take the inclosed affidavits etc. Continues : About a month ago
put in here a French ship of 500 tuns, call'd, the Mareschal
d'Asfeldt, one Anthony Le Roy master, from St. Domingo bound
to Nantz, laden chiefly with sugar, some indigoe, but in her
passage met with a severe storm, and sprung a leak, which forc'd
her in hither for repairs, and I have taken care the master should
have the favour and benefit of the Treaty of Neutrality, 1686 etc.
Signed, J. Belcher. 3 pp. Enclosed,
152. i, ii. Decrees of Court of Vice-Admiralty, Boston, 13th
Oct., 1735, on claims for salvage by Thomas John
Smart v. Thomas Carr referred to in preceding. Signed,
Robt. Auchmuty, Judge Adty. Copies. 2% pp. and l^pp.
152. iii-v. Deposition of John Smart, Alexander Middleton
and John Dabron, John Cox, and Patrick Walsh, that
the Spanish ship was set on fire. Oct. 2, 1735. Copies.
5 pp.
152. iv. Deposition of Thomas Carr, Oct. 9. Does not know
how the Jesus Maria Joseph came to be set on fire. His
mate told him it was by accident. Does not know that
the ship or cargo was insured. She was so leaky, that
she would have sunk in two or three days. Signed,
Thomas Carr. Copy. 1 pp.
152. vii. Deposition of Joseph Antonio Caparo, gunner of the
Jesus Maria Joseph. Oct. 6. The ship was set on fire
by the Captain's orders. Signed, Joseph Antonio
Caparo. Copy. 1$ pp.
AMERICA AND WEST INDIES.
99
1735.
Oct. 29.
Whitehall.
152. viii. Deposition of Josinto Hernandes Medina, boatswain,
Oct. 6. He set the ship on fire by the Captain's orders
lest she should be a danger to shipping. Signed, Josinto
Hernandes Medina. Copy. If pp.
152. ix. Deposition of Christobal Debera, first mate of above
ship. Oct. 6th. He heard some of the Spaniards say
the ship was set on fire. She was so far tight, after they
had lost their rudder, masts and bowsprit, that upon
pumping once in two hours she made little water. Signed,
Christobal Debera. Copy. I p. [C.O. 5, 899. ff. 189-
190, 191-192, 193, 193 v., 195-196, 197, 198, 199-202.]
1 53. Council of Trade and Plantations to the King. Propose
for confirmation Act of New Jersey for appropriating part of the
interest money etc. to the incidental charges of this Government.
[C.O. 5, 996. p. 382.]
Oct. 29.
Whitehall.
Oct. 31.
Whitehall.
154. Same to Same. Offer for confirmation Act of New
Jersey for making 40,000 in bills of credit, having consulted
Mr. Fane, and heard the Merchants of Bristol, who objected to it,
by their SoUicitor, and the Agent of the Province, " and it appear-
ing to us that there is no essential difference between this and a
former law etc., which hath been executed with good effect and
found beneficial to the Province " etc. [C.O. 5, 996. pp. 383,
384.]
1 55. Council of Trade and Plantations to the King. An Act
was passed in your Majesty's Island of Jamaica, on the 3rd day
of May last, intituled An Act for raising several sums of mony and
applying the same to several uses for subsisting the officers and
soldiers of the eight Independent Companys and preventing the
exportation of several commoditys into the French and Spanish
Islands. In this law it is enacted, that whereas H.M. out of his
great goodness and tender regard to the security of this Island hath
been pleased as an additional force and strength to send over and
add to the two Independent Companies six others, and as Misting of
men in this Island for recruting of any of the said Companies will
not in any ways answer such H.M. gracious intentions, therefore if
any officer or officers belonging to any of the said Independent
Companies shall inlist or suffer to be inlisted in the company in
which he is an officer any person within this Island, every such
officer or officers so listing or suffering to be listed shall from the day
he lists or suffers to be listed any such person forfeit and lose for ever
afterwards all such country subsistence as he should be entitled to by
virtue of this Act and for every such person he shall so list as a
foresaid the sum of one hundred pounds to be recovered &c. As this
part of the Act regards H.M. forces in Jamaica, altho we are of
opinion it would be very improper to allow the officers to recruit
their Companys from amongst the inhabitants of that Island, yet
as all orders and regulations which concern the Army ought
undoubtedly to proceed immediately from your Majesty, we look
100
COLONIAL PAPERS.
1735. [155]
upon this attempt in the Legislature of Jamaica as an encroach-
ment upon the Prerogative of the Crown, yet considering this law
is enacted for one year only, half of which is already near expired,
and that it settles the pay and subsistence of the Independent
Companys in Jamaica, which would be left destitute of all
provision on the part of that Island if this Act should be dis-
allowed, we would not propose to your Majesty to repeal the same,
but that orders should be transmitted to your Majesty's Governor
of Jamaica not to pass any law for the future liable to the same
objections. [C.O. 138, 18. pp. 53-55.]
Oct. 31. 156. Council of Trade and Plantations to the Committee of
Whitehall. Privy Council. Transmit following " agreeable to your Lord-
ships order of 27th instant." Annexed,
156. i. Draught of H.M. Additional Instruction to Governor
Belcher. Whereas a bill did pass the Council and
House of Representatives of our Province of the
Massachusetts Bay on the seventh day of June last
entituled An Act for granting the sum of three thousand
pounds for the support of H.M. Governor. And whereas
application has been made to Us on your behalf that
We should graciously be pleased to permit you to give
your assent to the said bill, and also to allow you to
receive your salary for the future as it may be raised
from time to time by the Assembly. Now having taken
the premises into Our Royal Consideration, We do out
of Our special grace and favour to you, condescend to
the request made in your behalf, and you are hereby
empowered to give your assent of the aforesaid bill
passed the seventh of June last, and likewise for the
future to give your assent to such bill as shall be annually
passed for paying to you a salary of one thousand pounds
sterling, or the value thereof in the mony of that Province
until Our Royal pleasure shall be signify'd to the
contrary ; provided such Act be the first that shall be
passed by the Assembly of the said Province before they
proceed upon the other business of that session wherein
such Act shall be proposed. [C.O. 5, 917. ff. 148-150.]
Oct. [ ]. 1 57. Humble remonstrance of Lt. Governor Broughton to the
Charles Town, Council of Trade and Plantations. My duty to H.M., and regard
to the welfare and safety of this His Province, with that of
Georgia, makes it indispensibly necessary to lay before your
Lordships for your judgment and directions thereon, the com-
plaint of several of H.M. subjects of this Province, merchants and
traders to the Creek nation of Indians, exhibited to me in Council,
accompany'd with certain proofs and affidavits relating to the
extraordinary behaviour and conduct of Capt. Patrick McKey,
agent for Indian affairs in Georgia, towards their agents and
traders among the Creeks from this Province : And also to lay
before your Lordships the purport of three letters I lately received
from his Catholick Majesty's Governt, of St. Augustin and one
AMERICA AND WEST INDIES. 101
1735. [157]
from the Commandt. at Moville, on behalf of his Most Christian
Majesty, by which your Lordships will perceive, the very great
umbrage Capt. McKey thro' his ill conduct has given to those
Governors and which has occasioned not only their remonstrating
the case to me, but also threats of their making reprisals on H.M.
subjects under my Government with those of Georgia, and also
an actual augmentation of their force in and towards the Indian
Nations. Your Lordships will observe it to be the highest act of
indiscretion in Capt. McKey, and which may prove of the last
ill consequence to the establishing the settlement of Georgia to
proceed in such a manner as to give either the French and
Spaniards reason to think it necessary at this time to augment
their forces amongst the Indians, which the first have done by the
addition of fourty men to their Fort at Albamas, and the latter
by raising three hundred men and putting them in garrison at
St. Mark's, from whence with ease they may make inroads not
only in the new settlement at Georgia, but also in this Province,
and which the Governor of St. Augustin by the letter of the 13th
of May ult. seems to threaten. But when your Lordships con-
sider the other part of that gentleman's conduct in regard to his
dismissing and forbidding the traders licensed from this Province
any further trade or commerce with those Indians, and which
fully appears by the affidavits herewith transmitted, your Lord-
ships will be of opinion, he deserves the severest censures :
Because if ever an increase of our traders and thereby an increase
of our strength among the Indians is necessary, it must be so,
when the French and Spaniards are augmenting theirs among
those people, and therefore for Capt. McKey at the same time
that he is giving the French or Spaniards cause of jealousy, and by
actual provocations making them augment their forces, for him
to dismiss our traders, and thereby weaken our hands and interest
among the Indians, can surely be done only with intention to
injure and betray H.M. interest and that of H.M. subjects among
these people, and can therefore be founded on no legal power or
authority derived under the Honble. Trustees for establing the
Colony of Georgia or anyone else. And were these acts of violence
of his to be consider'd only in the light of injuring H.M. subjects
of this Province in molesting and hindring them from carrying on a
trade with a free people, which they had enjoy'd from the first
settlement thereof, and which this Province has for many years
been at a very large expense to preserve, they could not, I presume,
be justified before your Lordships ; much less can they be so when
this single consequence is considered, namely by how much the
strength and interest of this Province is diminished among the
Indians, by so much and more will that of France and Spain be
encreased. I have, may it please your Lordships, with H.M.
Honble. Council perused and considered H.M. Royal Charter for
establing the Colony of Georgia, by which all those lands and
territorys lying and being between the two rivers of Savannah and
Alatamaha are granted to the Trustees for establishing that Colony,
but we do not perceive that thereby it was H.M. intentions to
grant to the Trustees an exclusive trade with the several nations
102 COLONIAL PAPERS.
1735. [157]
of Indians inhabiting within those bounds, or to deprive H.M.
subjects of this or any other of his Provinces from a trade with
them, and which they had long enjoy'd, nor indeed do we find that
the Honble. Trustees have ever considered their Charter in that
extensive light or claimed a right exclusive of all H.M. other
subjects to trade with the Indians within the limits of their
Governments. And I am perswaded these Honble. Gentlemen
will never interpret it in that manner, since as I imagine such a
construction would greatly tend to frustrate the settlement of that
Colony, by emboldening the Indians and giving them room to
believe that they are a separate distinct people from us, proceed-
ing on different views and principles, nor less would it tend to the
diminishing the British interest in general among those people,
to give them any grounds to imagine that the interest of the two
Provinces of Carolina and Georgia were incompatible. Give me
leave further to inform your Lordships that on hearing the above
complaints of the merchants and traders of this Province, on their
agents, factors and servants being treated in so outragious a
manner and inhibited by Capt. McKey from any further trade
among the Creeks and actuaUy turning them out of their respective
towns to which they had been duely and regularly licensed to
trade, and that the head Bayliff of Savannah had threatned to
support him in his illegal and unwarrantable proceedings therein
with a detachment of fifty or seventy men of the Militia of
Georgia, I assembled H.M. Council of this Province for their
advice in this arduous affair, who were of opinion that it would be
necessary to remonstrate the whole transactions to your Lord-
ships for your Lordships' assistance in setting the matter right
with the gentlemen in power at Georgia, and praying your
Lordships to let these gentlemen know that the Honble. Trustees
for establishing that Colony have no right by their Charter to an
exclusive trade with the Indians in the bounds of their Govern-
ment no more than any other Provinces in America have with the
Indians within their respective limits, and that H.M. intentions
were equally gracious to ah 1 his loving subjects in permitting
them all a full liberty to carry on trade and commerce with the
Indians, altho inhabiting within the limits of another Government
than that from which the trade was negotiated, agreeable to the
policy and instruction of her late Majesty Queen Anne to the
Governor of this Province with regard to the traders of Virginia,
and that therefore the Agent for Indian Affairs at Georgia should
not presume to offer any violence, or give any lett or hinderance
to H.M. subjects trading with the Creeks or other free Indians
from this Province, and that in the meantime to prevent any
mischief that might arise or damage happen to any of H.M.
subjects thro' the temerity or inadvertency of the High Bailiff's
of Savanah marching any of the Militia of Georgia into the
Indian country against H.M. good subjects, I would by vertue
of the clause in the Charter for establishing that Colony, whereby
the Command in Chief of the Militia of Georgia is given to H.M.
Governour of this Province, command the officers of the Militia of
Georgia, not to raise and march any of their Militia into the Indian
AMERICA AND WEST INDIES. 103
1735. [157]
Country without my special orders first had and obtained, except
such as should be raised by the officer appointed to erect a Fort
and Garrison in the Creek Nation according to an agreement
stipulated by this Government, and that the Militia so to be
raised should be employ'd only in that service, or against the
enemies of H.M., and no ways to interfere in the trade, which
I have accordingly done, and hope it will have the desired effect
in preventing the mischief which the rashness of an attempt to
raise the Militia of a Province to support a man in his illegal
acts would otherwise have involved us in etc. Signed, Tho.
Broughton. Endorsed, Reed. 8th, Read 9th Dec., 1735. 5 pp.
Enclosed,
157. i. Governor of St. Augustine to Lt. Governor Broughton,
10th July (N.S.), 1735. Acknowledges letter of 13th
May. Has despatched a messenger to the Provinces
to ascertain who the persons are who have committed
the outrages. Will acquaint him when he has certain
news etc. Signed, Fra. del Moral Sanchez. Endorsed as
covering letter.
A true copy. Signed, J. Badenhop, Clerk Con. 1 p.
157. ii. Extract from letter from Governor of St. Augustine to
Governor Johnson. 27th April (N.S.), 1735. I com-
municate what has been writ to me about two Captains or
traders that live among the Cowetas and Talapoochses,
who made the Indians come, molest and kill the subjects
of my Sovereign, though their Catholick and Britannick
Majesties are at peace etc. I have been assured that
they have sent three parties with orders to take prisoners
and kill all the Spaniards they shall meet or Indians that
inhabit the lower part of our Government, as I have also
been informed by one of the Chiefs of the same Nation
etc. Requests His Excellency to give orders for punishing
the disturbers of the peace etc. Intends to inform his
King that in these Provinces they do not religiously
keep the conditions of peace etc. Signed and endorsed
as preceding. Copy. 1| pp.
157. iii. Same to Same. 13th May (N.S.), 1735. The bearer
will inform your Excellency of the said accident that
happen'd yesterday at the Fort of St. Francis De Dupo
on the bank of Picalata River where one of the three
partys of Indians I mentioned in my last, sent by your
traders among the Cowetas and Talapooses, have killed
the master gunner of the said Fort, which insult I cannot
bear nor excuse the chastisement they deserve, for such
temerity is insupportable and ought not to be permitted,
since the two Crowns are in peace. Therefore I hope
your Excellency will take proper measures to remedy
such an enormity, and that the promoters thereof will
receive their due punishment, otherwise I shall myself
be obliged and inexcusable should I not punish so
audacious and surprizing an action, especially since these
Provinces enjoy'd great tranquillity till your traders
104 COLONIAL PAPERS.
1735. [157 iii.]
incited by malice had troubled the Spaniards and the
Indians who are under our protection. I hope, Sr. Your
Excellency will support the union and good corre-
spondence, that has all along subsisted between us, by
obliging the said Traders to appear before Yor. Excy.
and also then* accomplices, and I am pers waded a
punishment condign to their offence will be inflicted on
them. Signed, Dr. Francisco Del Moral Sanchez.
Certified and endorsed as preceding. 1 p.
157. iv. Capt. Mackay to Mr. Jones. Coweta. 28th May,
1735. I found on my arrival here the trade of this
Nation in very great disorder, which I imputed to the
numbers licensed to trade, and which as governed could
not afford a living for some traders, which was the
reason their were guilty of unfair practices. I have
regulated the trade a little and reduced the numbers of
traders etc. You are not in the number of those con-
tinued. Therefore you are to withdraw yourself and
effects from this Nation etc. Signed, Patrick Mackay.
Certified and endorsed as preceding. I p.
157. v. Governor of Mobile to Lt. Governor Broughton.
Mobile. June 20 (N.S.), 1735. Has received letter for
M. de Bienville, Governor of Louisiana, which he will
forward. Continues : There has been a meeting at the
Ofuskee nation Talapouchee by order of an Englishman,
who has the inspection of the traders. He orders
himself to be termed the Man of Valour. He has
declared in the said meeting, where all the Chiefs of the
Nation were present, several things to our disadvantage,
and in terms very inconsiderate, as asking them why
they suffered the French to build a fort, and that they
ought to demolish it. Discourses of that kind etc. gave
us room to imagine that England had declared war
against France, but the accounts we have from Europe
induce us to believe that this man of valour is acting
by his own mere motion, and ought to be punished.
Hopes that he will represent the matter to New Georgia
accordingly. Some other traders " have told our
Indians that we were obliged to have recourse to your
nation for goods to trade with them, in order to insinuate
that we were no better than beggars. I cannot tell you
then* names. This is the reason that has obliged us not
to permit any commerce between your subjects and
ours " etc. Hopes that he or the Commander at New
Georgia will forbid any such discourses with the French
Indians, " without which our Governor will be obliged
to send some troops to the Alibamons for to suppress
and seize the most culpable " etc. Asks that some
Swiss deserters may be allowed to return, in which case
no harm will be done to them etc. Signed, Diron
Dardaguiette. Certified and endorsed as preceding.
2pp.
AMERICA AND WEST INDIES. lOo
1735.
157. vi. Memorial of Benjamin Godin and others, in behalf of
themselves and others concerned in the Indian trade
and of merchants trading from Great Britain to S.
Carolina, to the Lt. Governor, Council and Assembly of
S.Carolina. July 4, 1735. Complain of Capt. Mackay's
assumption of authority over all traders among the
Upper and Lower Creek nations. Suggest the taking off
of the whole duty on skins and furs and the whole
impositions on Indian trading licences, in order to
preserve the Indian trade to this Province, and to
enable it to carry on the said trade upon the same footing
as Virginia and Georgia etc. Signed, B. Godin and 30
others. Certified and endorsed as preceding. 1 pp.
157. vii. Deposition of William Williams, Indian trader among
the Creeks and Chickesaws. 4th July, 1735. Describes
how Capt. Mackay at the end of March summoned all
the traders and Indians to meet him at Ockfuskees,
where he proposed to the Indians that they should
demolish the French fort at the Albamas, or allow him
to build a fort where ever he should think convenient.
If they refused, he said he wd. withdraw all the traders
from among them. After a week, the Indians answered
that he might build a fort. On which McKay proposed
to some of the traders that they should make a company,
and accordingly chose out eleven men and disposed of
their property as he thought fit, allowing nine of them
to be upon whole shares, and two to have but one share
between them, and discharging whom he thought fit.
He excluded deponent and his partner, Thomas Wright,
telling them that he would not permit either of them to
trade in the Creek or Chickesaw nations, but if they
would go to the Chactaws, they might. His partner
accordingly went. Some time in May at the Great
Okfuskees there was a dispute between William Edwards,
a servant to Alexander Wood, and one whom Capt.
Mackay called his doctor. Edwards informed deponent
that by order of Mackay he was stripped and tied to the
maypole in the middle of the square there, and 35 hickery
switches were brought to whip him, but the One-handed
King came and covered him, clasping him in his arms,
and saying that if he would whip Edwards, they should
whip him too, for he had never seen such doings from
the white people before. After some dispute, Mackay
ordered Edwards to be discharged etc. Signed, W.
Williams. Certified and endorsed as preceding. 3 pp.
157. viii. Deposition of John Cadonhead, trader among the
Lower Creeks. 4th July, 1735. After summoning the
traders to meet him at Coweta town, Mackay produced
papers as he declared to be his Commissions from
S. Carolina and Georgia, he asked them whether, in
case of a rupture with France and Spain, they would go
to war with him. All answered that they would stand
lOG COLONIAL PAPERS.
1735. [157 viii.]
by him. Afterwards he ordered all the traders among
the Lower Creeks not to move until further orders from
him etc. Signed, John Cadonhead. Certified and,
endorsed as preceding. 3 pp.
157. ix. Deposition of Jeremiah Nott, Indian trader. 4th July,
1735. Deponent took out a licence in July last from
S. Carolina to trade in the Cahabawatchee town in the
Upper Creeks. At the end of March Nicholas Fisher
came in the name of Capt. Mackay and served deponent
with a warrant to remove himself with his goods thence
to the Weekokees etc. At the beginning of April he and
all the traders in the Upper Creek were summoned to
meet Mackay at the place called the Half Way House, in
order to conduct Mackay into that Nation. They
accompanied him accordingly to the Tallasoes in the
Creek Nation. At a meeting, Mackay declared that
Mr. Oglethorpe had said that the Indian trade belonged
to Georgia, but Carolina had begged that they might
have liberty to grant licenses for that year, but that they
had no more to do there now. He threatened to use the
horses and effects of any persons who should come from
Carolina with licences etc., and subsequently ordered
deponent to depart etc. Signed, Jeremiah Nott, his
mark. Certified and endorsed as preceding. 3 pp.
157. x. Deposition of Thomas Johns ( = Jones supra), Indian
trader with licence from S. Carolina. 4th July, 1735.
Capt. Mackay ordered him to depart, as above. Signed,
Thomas Johns. Copy. 2 pp.
157. xi. Deposition of William Edwards. 18th July, 1735.
Confirms No. vii. Signed, Wm. Edwards, his mark.
Copy. 1 p. Nos. x and xi. Endorsed as covering letter.
157. xii. Deposition of William McMuUin. 4th July, 1735.
Trader among the Chickesaws, Capt. Mackay ordered him
not to trade there any more. He and William Killhown
were excluded the said trade under pretence that there
was too many, but John Facey and James Cozens were
put in their room etc. Signed, William McMullin, his
mark. Copy. 1 p.
157. xiii. Deposition of George Cussins. July 19, 1735.
Trading in the Lower Creek Nation under licence from
S. Carolina, Capt. Mackay forbade him to trade there
any longer etc., and to put aside the goods under his
care, whilst Mackay's goods and those concerned with
him were put into the house where he was trading etc.
Signed, George Cussins etc. Copy. 1 p. Nos. xii and
xiii endorsed as covering letter. [C.O. 5, 365. ff. 24-26,
27 v., 28, 29-30, 31 v., 32 v., 33 V.-35 v., 36 v.-49, 50,
51 v.]
Nov. 5. 158. Lt. Governor Gooch to the Duke of Newcastle.
I received the 15th of the last moneth the honour of your Grace's
letter of the 28th of March last, by the hands of my Lord Fairfax,
AMERICA AND WEST INDIES.
107
1735. [158]
Nov. 5.
Virginia.
Nov. 6.
St. James's.
Nov. 6.
Whitehall.
Nov. G.
Whitehall.
whose private affairs in the Northern Neck, where his estate lyes,
has employed his time ever since his arrival in this Government,
which was in May. We have now agreed upon settling his Lord-
ship's boundarys, pursuant to H.M. commands, and Commis-
sioners will shortly be nominated on both parts to sett out upon
that service as soon as the season of the year will permit, though
it is like to prove a work of some difficulty, by reason of the
uncertain extent of his Lordship's grant. But I beg leave to
assure your Grace that in the progress of this affair his Lordship
shall receive all the justice and favour, which I can give consistent
with my duty to H.M., and the particular regard yr. Grace's
recommendation will always have with one who is with the most
profound duty and respect, Your Grace's most obliged and most
obedient humble servant. Signed, William Gooch. Endorsed,
R. 24th Jan. Holograph. 1 p. [C.O. 5, 1337. ff. 185, 186 .]
1 59. Lt. Governor Gooch to the Council of Trade and Planta-
tions. By the hand of my Lord Fairfax I received the
honour of your Lordships' letter, with a copy inclosed of an
Order of H.M. in Privy Council for appointing Commissioners to
survey and settle the boundaries of his lordship's grant. Accord-
ingly we have agreed to nominate persons on both parts who
shall set out on that service in the Spring, the properest season in
the year for such a work, and I hope that difficult affair will now
be determined to the satisfaction of His Majesty and with all the
favour to Lord Fairfax which is consistent with His Majesty's
interest and service. Transmits account of H.M. revenue of
2s. per hogshead for the last half year. Signed, William Gooch.
Endorsed, Reed. Jan. 31, 173f, Read March 18, 173f. Enclosed,
159. i. Account of H.M. revenue of 2s. per hogshead etc.
arising in the Colony of Virginia from 25 April, 1735, to
25 October, 1735. Receipts 9,113/. 8s. Id. Disbursed,
2,960/. 19s. Id. Signed by John Grymes, Receiver General.
Certified by John Blair, Deputy Auditor and William
Gooch. 2pp. [C.O. 5, 1323. ff. 183-186.]
160. Order of King in Council. Approving draught of
additional Instruction to Governor Mathew empowering him to
pass an Act in Montserrat for levying a powder duty etc. Signed,
Ja. Vernon. Endorsed, Reed. 4th, Read 5th Dec., 1735. 1 p
[C.O. 152, 22. ff. 15, 16 v.]
1 61 . Order of King in Council. Appointing William Forbes,
James Innes and Thomas Wardroper to the Council of N. Carolina,
in the room of Messrs. Ashe, Stallard and Eyans etc. Signed,
Ja. Vernon. Endorsed, Reed. 4th, Read 5th Dec., 1735. If pp.
[C.O. 5, 294. ff. 234, 234 v., 235 v.]
1 62. Mr. Popple to Mr. Fane. Encloses 8 Acts of the Massa-
chusetts Bay, 1735, for his opinion thereon in point of law. List
annexed. [C.O. 5, 917. pp. 151, 152.]
COLONIAL PAPERS.
1735.
Nov. 10.
Boston.
Nov. 10.
Whitehall.
Nov. 11.
Nov. 12.
Shorcluitn
at Gibraltar.
163. Mr. Willard to Mr. Popple. Encloses public papers for
half year ending August Minutes of Council and of Assembly,
Acts passed and Treasurer's accounts for the year etc. Signed,
Josiah Willard: Endorsed, Reed. 9th Feb., Read 20th Oct.,
1736. \<p. Enclosed,
163. i. Accounts of Jeremiah Allen, Treasurer and Receiver of
H.M. Revenue, Massachusetts Bay, 29th May, 1734-
1735. Signed, Jer. Allen. Endorsed, Reed. 9th Feb.,
173$. 22^. [(7.0.5,879. ff. 59, 60 v.-ll v., 72 v.]
164. Mr. Popple to Capt. Burrington. I beg the favour of
you to inform me by whom the Provost Marshal of N. Carolina is
appointed, and how paid ; as likewise whether there is a Province
gaol ; at whose charge built, and by whom maintained. [C.O.
5, 323. /. 112 v.]
1 65. Capt. Burrington to Mr. Popple. Sir, In answer to the
letter I received from you last night ; this is to acquaint you, that
the Provost Marshall of North Carolina is appointed by the King,
he is paid by the province for summoning the Council, and other
services of the publick, he has fees setled by Act of Assembly for
the businesses done by himself and deputy s, between the people
that go to law ; a list of the Fees belonging this officer, may be
found in the Laws of that country, now in the plantation office.
There is in North Carolina a province Goal, built att Edenton,
where the General Court is allways held, att the charge of the
publick, att whose expence it is kept in repair. Sir, haveing
answer'd your letter, it may not be very improper to inform you,
that most if not all the precincts have a particular prison, built
att the charge of each precinct ; the number of the precincts when
I left N.Carolina were thirteen. Signed, Geo. Burrington. Endorsed,
Reed., Read 1 1th Nov., 1735. 1 p. [C.O. 5, 294. ff. 223, 236 v.]
166. Capt. Towry to Mr. Popple. Encloses following.
Signed, J. Towry. Endorsed, Reed. 9th, Read 10th Dec., 1735.
Holograph. 1 p. Enclosed,
166. i. Copy of Heads of Enquiry relating to the Fishery and
Trade of Canso and parts adjacent.
166. ii. Replies to preceding by Capt. John Towry. (1) As this
fishery is carried on by schooners on the Banks non of
those utensils are made use of at Canso. (2) No boats
for fishing are used here nor train fats for making oyle.
(3) The fishery carried on by the people of New England
only. (4) Supplyed from England in part, and part
from New England. (5) In shares according to the
place they fitt out from in New England. (6) The
fishery carried on by schooners on the Banks and no
boats fitted out here. (7) Five famulys who subsist by
helping the fishermen in summer, keeping houses of
entertainment and cutting wood in the winter. (8) The
houses at a convenient distance and room left for flakes
in a proper manner. (9) The flakes according to the
AMERICA AND WEST INDIES. 109
1735. fl fi 6 "-I
custome of Newfoundland but no fishing boats here.
(10) No fishery carried on by ships on the Banks, by
schooners only. (11) Answered as above. (12) Five
houses of entertainment and those keept by the
inhabitants, the fishermen supplyed by their owners.
(13) No fishery carried on by the inhabitants. (14) No
handycraftmen belonging to Canso but those belonging
to the souldery. (15) A charge was by me given to the
fishermen to take particular care in curing their fish.
(16) Salted on the Banks where taken and carried on
flakes ashore as in Newfoundland and ten hogsheads of
salt to every hundred quintals. (17) The Masters of
sack ships not to ship but only merchantable fish, the
only way to prevent complaints. (18) The officers of
the garrison do not concern themselves in the fishery, so
far as is within my knowledge. (19) State of the
strength, trade and fishery of Cap Breton in 1735. The
grand battery mounts 44 guns of 48 pounders and the
two towers 4 of the same nature. The island at the
entrance of the harbour mounts 26 guns of 36 pounders.
The Dauphin's battery at the town gate mounts 24 guns
of 24 pounders. The Queen's Battery 16 guns of 18
pounders, and on the key are 6 guns of 18, there are
likewise 12 guns to be mounted on the Fort. The
garrison consists of six companys, a Captain Lieutenant,
2 ensigns, 2 serjants, 2 corporals, a drum and sixty
private men each, with a company of Swiss, a Captain
Lieutenant, 2 ensigns, 4 serjants, 4 corporals, 3 drums,
one fife and 120 private men. At Port Toulouse is a
company of sixty men, at Port Dauphin, a Lieut., ensign,
serjant, corporal, drum and twenty men. At the
Island of St. Johns in Bayvert is a Lieut. Governour,
a Lieut., ensign, serjant, corporal, drum and fourty
men, here it is the Governor of Cape Breton yearly
meets the Indians and deleivers them the presents sent
them by the King of France. There comes yearly to
Louisburg a man-of-war of 50 or 60 guns. There has
been this year in the harbour of Louisburg twenty-eight
merchant ships and at the several! harbours of the
island twenty more from 100 to 300 tons each to load
fish. There are by computation fifty sloops and
schooners that belong to the island who fish on the Banks
and make about 500 quintals of fish each, besides 400
shallops belonging to the severall harbours who make as
is judged 250 each.
As I can learn there are no Irish papists among
the French but severall English, Irish and Scotch sailors
are in their merchant service.
166. iii. State of the codd fishery for the year 1735. Totals :
No. of schooners, 58 ; quintals made, 21,766 ; quints.
shipt to foreign markets, 10.760 ; quints, shipt to N.
England, 11,006. 1 p.
110 COLONIAL PAPERS.
1735.
166. iv. Sack ships lading at Canso in 1735 : 6 (5 from Exon,
London and Bristol ; 1 from Boston). Quintals shipt,
10,766. \p.
166. v. State of the whale fishery at Canso, 1735 : No. of
vessels, 19 (14 from Nantucket, 1 from Boston, 2 from
Cape Cod, 1 from Plymouth, 1 from Dartmouth).
Quantity of oyle (barrels), 666 ; pounds of bone, 7,136 ;
No. of whales, 16. 1 p. [C.O. 217, 7. ff. 146, 147-
153 v., 155-156, 157 v.]
Nov. 14. 167. Mr. Furye to Mr. Popple. Encloses Acts passed last
London. session in S. Carolina, and Journals of Council and Assembly, and
Minutes of Council to 7th June. Signed, Percyl. Furye.
Endorsed, Reed. 17th Nov., 1735, Read 27th Jan., 173f. 1 p.
Enclosed,
167. i. List of 7 Acts referred to in preceding. 1 p. [C.O. 5,
365. ff. 70, 71, 73 v.]
Nov. 14. 1 68. Governor Mathew to the Council of Trade and Planta-
St. Christophers. tiong The honour of vour Lordships' letter of 13th Aug.,
wherein I find myself not only happy in the repeated approba-
tions of my conduct, but also in the very kind manner of your
giving me those approbations, these my Lords, fill me with a
sense of gratitude that it is hardly possible for me to express.
Mr. Smith being gone home, I return the letter your Lordships
intended for him, but I shall make the best I can of the copy that
I received with it, to bring his deputys to better diligence than
they have exercisd hitherto. I pray your Lordships will permit
me to remind you, that Charles Dunbar Esq. has a mandamus for
filling up evry first vacancy that shall happen in each island.
I could heartily wish in case of a warr your Lordships had approvd
of my reasons for asking field pieces and swords, and super-
numerary small arms. I shall receive with great pleasure H.M.
orders as to Sta. Cruz, St. Thomas and St. Johns. I shall
punctually inform your Lordships of all removes of civil officers.
I have not yet receivd from Mr. Burchet the copys of commissions
mentiond in my 78th Instruction. Pressing the Legislatures here
to come to resolutions for their safety, I find from old and later
experience will not avail, till the danger is more certain and nearer
at hand. I am very thankfull for the order from their Lordships
of the Admiralty which my Lord Fitzwalter spoke to Sir Charles
Wager for. If I happen to know where the spence is when I am to
move from island to island, I imagine they will at my request give
me a passage for the futur. I am very uneasy upon what your
Lordships mention as to establishing Legislatures in Anguilla,
Tortola and Spanish Town, which I have done I fear too hastily.
I found the people brought to a temper of receiving one, which
I have long waited for, this made me the more eager to send them
writts in the same style with those issued in these islands for
calling an Assembly, and I was encouragd to do it without delay
from the following words in my commission (empowering him with
the advice and consent of the Councils respectively to summon General
AMERICA AND WEST INDIES. Ill
[168]
Assemblies within any of the islands under his government etc.).
Continues : These islands for forty years past have been governd
each of them by a Deputy Governour, to be assisted in each of
them by six of the principal inhabitants as a Council, and all these
islands under a genii. Lt. Governour appointed by H.M. Chief
Governour. These Deputy Governours assisted with these
Councils, allways made ordinances, and raisd taxes, and these
were sometimes obeyd and paid, and sometimes the commonalty
mutinyd, and Mr. Governour and his Council, have sometimes
been well thrashd for their acts of government. I therefore
prevaild on each of these islands, vizt. Tortola, Spanish Town and
Anguilla to chuse representatives for the people and they are
grown very fond of this new method, and are making laws on the
models I gave them. But on what your Lordships mention, I
heartily repent my hasty zeal, and evrything shall lie still, till
I am honoured with your further orders. As for Justices to hold
Courts of law, I have as yet appointed none. I shall pass no
powder acts or other laws in breach of my Instructions, so as to
risque H.M. displeasure. Signed, William Mathew. Endorsed,
29th Jan., Read 30th Sept., 1736. 3 pp. [C.O. 152, 22. ff. 73,
74-75 v. (with abstract}.}
Nov. 14. 169. Same to Mr. Popple. Encloses preceding, and hopes
St.Christophers.his letter to Mr. Smith will help him to get out of his office public
papers in the future. Encloses receipts of the orders he gave to
the Deputy Secretaries of Antigua and St. Christopher. Continues :
You will see from their date how long I have waited in vain and
the 20th of Sept. there will be arrears of a year's Minutes of the
Council of that island [Antigua], tho' my orders given at my
first arrival was to have them quarterly, and the same Minutes
are now nine months in arrear in this island. P.S. Encloses
Act just received from Antigua for continuing the public works
etc. P.S. Dec. 8. Has received his letter of Sept. 12. "It
gives me great joy that their Lordships so farr approve my getting
the lists of numbers in the French and neutral islands, as that
they have thought fitt to lay it before H.M. with their Lordships'
remarks on it. The explanation of their Lordships as to dutys
laid on liquors neither the growth nor the manufacture of Great
Britain, I have communicated to the Legislature of Nevis etc.
Governor Cuningham arrivd yesterday at Nevis. I expect him
here to-morrow. Signed, William Mathew. Endorsed, Reed.
12th Feb., Read 30th Sept., 1736. 2pp. Enclosed,
169. i. Receipts from Deputy Secretary, St. Christophers, for
H.E. orders to prepare copies 5th May of Minutes of
Council, Sept. 17, 1730 26th Nov., 1731, 26th June
8th Oct., 1733, 20th Feb. 1734 25th March, 1735, and
transcript of all laws passed in St. Christophers since
26th March, 1717 etc. Signed, D. [?] Walsh. 5th May.
I p.
169. ii. Similar receipt, by Deputy Secretary of Antigua.
Signed, Patrick Wilson. 1 p. [C.O, 152, 22. ff. 78-79,
80, 83 v.]
112 COLONIAL PAPERS.
1735.
Nov. 16. 170. James Vernon to Mr. Stone. Requests him to lay before
Gro. str. the Duke of Newcastle " the request of our Georgia Trustees
that His Grace would bee pleased to recommend in the strongest
terms to the Lt. Governor and Councill of Carolina the suplying
of Mr. Oglethorp with a sufficient number of negroes for perfecting
the fort which he is to erect upon the Island of St. Simon ; as this
is the Southern boundary of all our Provinces towards the
Spaniard and lyes upon the passage thro' which their fleets home-
ward bound must pass, His Grace is thoroly aprized of the
importance of this post to H.M. service and the welfare of our
Colonys " etc. P. 8. The number of negroes Mr. Oglethorp
mention'd was 200. I am with perfect esteeme, Sr., Your most
humble and obedient servant. Signed, Ja. Vernon. 2 pp.
[C.O. 5, 654. ff. 28, 28 v.]
Nov. 16. 1 71 . Mr. Fane to the Council of Trade and Plantations. Has
no objection to 26 Acts of Virginia, 1734 (enumerated). Concludes :
" The Act for settling the bounds of land and for preventing unlawful
shooting and ranging thereon, has a clause in it which I think it my
duty to take notice of to your Lordships, tho' I have no objection
to it. It enables persons seized in fee tail of lands not exceeding
the vallue of 200 sterling and so found by a jury of inquest to
pass the fee simple thereof to any purchaser for a valuable
consideration by deed executed, acknowledged or proved in the
General Court there. This method is instituted to save the
expence of private Acts of Assembly by wch. entails have formerly
been only barred, and as it is limmitted to estates of small value
and a good method of doing it prescribed, I think it very right :
but there ought to have been some words in the title of this Act to
have shewn there was a clause of this nature incerted therein.
Signed, Fran. Fane. Endorsed, Reed. 17th Nov., 1735, Read
27th Jan., 173f. If pp. [C.O. 5, 1363. ff. 178-179 v., 180 v.]
Nov. 17. 172. Order of Committee of Privy Council. Agree with
Whitehall. Council of Trade and Plantations, 31st Oct., that Act of Jamaica
for raising several sums etc. should not be disallowed, but that
directions be given to the Governor not to pass any law for the
future liable to similar objections etc., and order them to prepare
a draught of Instructions to that effect. Signed, Ja. Vernon.
Endorsed, Reed. 19th, Read 25th Nov., 1735. 1 p. [C.O. 137,
22. ff. 11, 14 v.]
Nov. 19. 173. Duke of Newcastle to Lt. Governor Broughton. The
Trustees of the Colony of Georgia having represented to H.M.
that they have given directions, for erecting a fort upon the
Island of St. Simon, in the mouth of the river Altamaha ; which
will be of the greatest importance, by reason of its situation, for
the security and welfare as well of the Province of S. Carolina, as
of Georgia ; and that they shall stand in need of workmen for
carrying on and finishing the said Fort ; H.M. would have you
furnish Mr. Oglethorpe, under whose direction this work will be
carried on, with such a number of negroes to be employ'd therein
AMERICA AND WEST INDIES. 113
1735. [173]
as you conveniently can, and as shall be necessary for bringing
it to perfection. Signed, Holies Newcastle. Copy. l pp.
[C.O. 5, 388. ff. 135, 135 v.}
Nov. 24. 174. Mr. Attorney and Mr. Solicitor General to the Council
of Trade and Plantations. Conclude : We are of opinion that
the words [of the Lords Proprietors' letters patent, v. Oct. 27] are
too general to pass lands, and that Mr. Hodgson hath no right to
any land in Carolina by virtue of the said patent. Signed, J. Willes,
D. Ryder. Endorsed, Reed. 25th, Read 26th Nov., 1735. f p.
Enclosed,
174. i. Copy of grant referred to in preceding. Cf. 27th Oct.
Latin. 3 pp. [C.O. 5, 365. ff. 13, 14-15 v., 16 v.]
Nov. 25. 175. Petition of Lewis Morris, Rip Van Dam and James
Alexander to the Council of Trade and Plantations. Request
copies of Governor Cosby's letters and complaint against them,
and of Minutes of Council and papers therein referred to etc.
Signed (for the Petitioners), Ferd. John Paris. Endorsed, Reed.
25th, Read 26th Nov., 1735. If pp. [C.O. 5, 1058. ff. 1, 1 v.,
2*.]
Nov. 26. 1 76. Lt. Governor Gooch to the Council of Trade and Planta-
Virginia. tions. On this day I had the honour of your Lordships' commands
of 27th June last requiring what laws were in force etc. by which
any duties etc. are laid on the trade and shipping of Great Britain
etc. Describes the Act of 1680 for raising a public revenue, and the
supplementary Act of 1710, laying a duty of 2s. pr. hhd. on
tobacco exported, lod. pr. ton on every ship trading to Virginia
and 6d. on every passenger imported etc., " all which dutys are
appropriated for the support of the government, and out of which
the sallerys of the Governour and all the publick officers and
contingent charges are paid. This duty haveing continued for
almost sixty years without any objection, and being also of
absolute necessity for the purposes to which it was at first applied,
it is hoped will still be approved and continued." Continues :
The other act subsisting of the 25th March, 1731, is an Act passed
in 1726 for laying a duty of fourpence per gallon on liquors, the
fourth part of this duty i.e. one penny per gallon on ah 1 wines,
rumm, brandy and other distilled spirits imported into this
Collony during the term of 21 years is laid for raising 200 per
annum towards the support of the College of William and Mary
in this Colony. But as all liquors imported directly from Great
Britain are entirely exempted from this duty, it no ways affect[s]
the trade or shipping thereof, the liquors lyable to this duty being
imported by our own inhabitants or the people of the other
Plantations and a drawback of the whole duty is allowed if
exported in three moneths. This Act hath also the Roial assent,
and by an Act passed in 1734 the whole duty arising from the
penny per gallon out of which 200 a year was given, is now given
to the College from the 25th of October, 1735, during the residue
of the term of 21 years. It is almost needless to mention another
8-0).
114 COLONIAL PAPERS.
1735. [176]
Act, 1694, whereby a small duty is laid upon furs exported etc.
re-enacted in 1705 etc. But, as I believe, there is not one British
merchant concerned in this trade, so the trade itself is become so
very inconsiderable, and the duty turns to so little an account,
that 'twas hardly worth your Lordships' notice. I come now in
answer to the second part of your Lordships' letter, to shew what
dutys are now payable on the importation or exportation of
liquors, negroes or other merchandizes etc. After some attempts
to lay a duty on negroes imported, which were disapproved on the
representation of the British merchants, H.M. having been pleased
to prohibit the raising any such duty for the future on the
importer, but signifying at the same time that a duty payable by
the purchaser would not be objected against : an Act passed here
in 1732 for laying a duty on slaves to be paid by the buyers,
whereby five p. cent, ad valorem is to be paid for every negro
imported and sold here by the purchaser, if living at the end of
forty days after the sale ; and if exported again in twelve moneths,
the whole duty is to be repaid to the exporter. This Act was to
commence from the passing thereof, the last of June 1732, and to
continue for four years ; and is since by an Act passed in October
1734 to continue for four years longer, and since its commencement
hath raised communibus annis near 1000 pr. annum. By this
duty neither the British shipping or merchants are anyways
prejudiced, for as the masters of ships are not chargeable for any
more than making a true entry, so neither is the owner or his
factor at any expence, but receive the same, if not a better price,
for their slaves, as if there were no such duty. The next is an
Act made in the year 1732 (reciting that H.M. had been pleased
to repeal a former Act for continuing a duty of three pence per
gallon on imported liquors, because of the exemption of half the
duty to Virginia owners), by this there is a duty of three pence
per gallon on all wines, brandy s, rumm and other distilled spirits
imported after the last day of July in that year and to continue
for four years, and is since continued by another Act in 1734 for
four years. By this Act no duty is to be paid for any liquors
imported directly from Great Britain, and if exported in six
moneths the whole duty is drawn back : every pipe of wine is
entered at 100 gallons, and there is also 20 p. cent, to be deducted
out of all liquors for leakage ; and the objections made to the
former Act are removed, for here is no distinction made between
British and Virginia owners, but the duty is the same on both,
and the time for exporting to entitle them to the drawback is as
long as they could desire. This duty with that part of it the
penny given to the College hath amounted to about 2,000 pr.
annum. There my Lords are all the Acts of Assembly by which
any dutys or impositions are laid on any goods or commoditys
whatsoever on the importation or exportation thereof. I have
only to add this one observation on the duty of two shillings per
hogshead, that tho' the masters of ships are obliged to pay this
duty, yet it is really paid by the planters and freighters, either by
giving the masters money here if required, or it is paid at home by
the person to whom the tobacco is consigned and charged to
AMERICA AND WEST INDIES.
115
1735. [176]
in their accots. of sales ; and besides the masters have an allowance
of 10 pr. cent on what he pays here on the score of this duty.
Signed, William Gooch. Endorsed, Reed. Jan. 31, Read Oct. 7th,
1736. Duplicate. 3| pp. [C.O. 5, 1324. ff. 16-17 v., 18 v.]
Nov. 26. 1 77. Order of King in Council. Approving report of Com-
st. James's. m jttee for Plantation Affairs, after hearing Counsel on both sides,
that the reasons transmitted by Governor Cosby were not
sufficient for removing the petitioner from his office of Chief
Justice of New York etc. Signed, Ja. Vernon. Endorsed, 4th,
Read 5th Dec., 1735. If pp. [(7.0. 5, 1058. ff. 12, 12 v., 13 v.]
Nov. 26.
Whitehall.
1 78. Council of Trade and Plantations to the Committee of
tne p r i vv Council. Enclose following as ordered 17th inst. etc.
Annexed,
178. i. Draft of H.M. Additional Instruction to Governor
Cunningham. An Act having been passed in Our Island
of Jamaica on 3rd May last, for raising several sums etc.
Clause laying penalty on officer enlisting any person
within the island, quoted (v. Aug. 15, Nov. 17 etc.).
Continues : We have consulted Our Commissioners for
Trade and Plantations upon the said law ; and having
taken the said law, as also their report thereupon, under
Our royal consideration, We think the said law an
encroachment upon the prerogative of Our Crown,
inasmuch as all orders and regulations which concern
the Army, ought undoubtedly to proceed immediately
from Us, and therefore We should have repeal'd the said
law, but that Our Independent Comps. at Jamaica in
that case would have been left destitute of all provision
on the part of that Island ; It is, however, Our will and
pleasure, that for the future you do not upon any
pretence whatsoever, give your assent to any law to be
pass'd in Jamaica, with a clause of the like nature.
[(7.0. 138, 18. pp. 56, 56a, 57.]
[Nov. 28.] 179. Mr. West to the Council of Trade and Plantations Has
no objection to 13 Acts of New York (enumerated) passed in 1721.
But the Act for raising 500 for securing the Indians in H.M.
interest, enacts that person not complying either in not collecting
or paying the assessment shall be committed to gaol by any two
Justices of the Peace, there to Me till he has ma.de fine and ransom.
These are words of a very general and unlimited signification etc.
If the Justices have the authority to fix the fine and discharge the
prisoner, it seems too arbitrary a power to be trusted to them etc.
The Act herein objected to being long since expired, the objection
given against it sunk with it. Dated, 26 Nov., 1723. Signed,
Richd. West. Endorsed, Reed. 27th Nov., 1723. Read Nov. 28,
1735. 2| pp. [(7.0. 5, 1058. ff. 3-4 v.]
[Nov. 28.] 180. Same to Same. Report upon Act of New York, 1723,
to enable Thomas and Walter Dongan, (two surviving kinsmen of
116 COLONIAL PAPERS.
1735. [180]
Thomas late Earl of Limerick) to sell some part of their estate etc.
Detailed. Concludes : The heirs generall of the Earl of Limerick
in whom the fee expectant upon the determination of the estate
tail at present is. are concerned in some measure in the said estate
and ought to have an opportunity of being heard. But if upon
notice to them they acquiesce in the bill, no objection can be made
to it upon account of the heirs of the said Earl. Yett I think
myself obliged to observe to your Lordshipps that the saving
clause at the end of the bill is worded in so loose a manner as that
it may possibly be doubted whether the operations of it will not
destroy the intent of the whole bill and also that the saving of the
right of the Crown which is requisite to be inserted in all private
bills is in this omitted. Signed, Richd. West. Endorsed, 8th Feb.,
172f. Read 28th Nov., 1735. 3$ pp. [(7.0.5,1058. ff. 5-6 v.]
[Nov. 28.] 181. Same to Same. Report upon Act of New York, 1719,
for setting the estate of Thomas Lewis, late of the City of New York,
deed. Detailed. By the affidavit of Haerpert Jacobs, received
from New York, it appears that Lodwick Lewis is dead without
any issue, and by the affidavit of Catherine Kerfbyl, it appears
that all the other parties concerned in the bill are living in those
parts of the world and are well pleased with it. Has therefore
no objection to its being passed into law, excepting only that there
is no saving clause nor limitation of time as to the commencement
of the bill. 24th Feb., 172f. Signed, Richd. West. Endorsed,
Reed. 24th Feb., 172f , Read 28th Nov., 1735. 2$ pp. Enclosed,
181. i. Deposition of Haerpert Jacobs, of the City of Albany,
Mariner. Lodwick Lewis died in the island of Jamaica
in deponent's presence in 1688 etc. v. preceding. 7th
Nov., 1724. Signed, Haerpert Jacobs. | p.
181. ii. Deposition of Catharina Kerfbyl, of the City of New
York, widow. Enumerates descendants of Thomas
Lewis. Signed, Catharina Kerfbyl. 10th Nov., 1714
(sic). | p.
181. iii. Deposition of Robert Walter, Mayor of New York.
The above depositions were sworn to in his presence on
7th and 10th Nov., 1724. Signed, R. Walter. 1 p.
[(7.0. 5, 1058. ff. 7-8, 9-10 .]
[Nov. 28.] 1 82. Mr. West to Council of Trade and Plantations. In
obedience to your Lordshipps' commands I have perused and
considered the severall following Acts passed in the Province of
Virginia in 1723. And as to the Act entituled An Act appointing
a Treasurer and empowering him to receive the moneys in the hands
of the late Treasurer, I have no objection to it in point of law, only
I would observe to your Lordshipps that it seems to be now a
practice in all the American Colonies for their respective Generall
Assemblys to assume to themselves the nomination of all officers
relateing to the Revenue. As to the Act entituled An Act
directing the tryall of slaves committing capitall crimes and for the
more effectuall punishing conspiracies and insurrections of them
and for the better government of negroes, mulattoes and Indians
AMERICA AND WEST INDIES. 117
1735. [182]
bound or free. There is in it a short paragraph by which it is
enacted that from and after the passing of the Act no free negro,
mulatto or Indian whatsoever shall have any vote at the election
of burgesses or any other election whatsoever. Altho' I agree that
slaves are to be treated in such a manner as the proprietors of
them (having a regard to their number) may think necessary for
their security, yet I cannot see why one freeman should be used
worse than another meerly upon account of his complexion.
I have no objection to the putting such limits and conditions upon
those persons as may be infranchized for the future as they please.
But to vote at elections of officers either for a county or parish etc.
is incident to every freeman who is possessed of a certain propor-
tion of property. And therefore when severall negroes have
merited their freedom and obtained it and by then 1 industry have
acquired that proportion of property so that the above mentioned
incidentall rights of liberty are actually vested in them, for my own
part I am perswaded that it cannot be just by a General! Law
without any allegation of crime or other demerit whatsoever to
strip all free persons of a black complexion (some of whom may
perhaps be of considerable substance) from those rights which are
so justly valuable to every freeman. But I submit the considera-
tion of this to your Lordshipps. As to the five other Acts pass'd
in the same Province in the said year, 1723, I have no objection
etc. Signed, Richd. West. Endorsed, Reed. 16th Jan., 172f,
Read Nov. 28, 1735. " The first Act objected to is long since
expired .... The 2nd objection holds good, the law being
perpetual." 2pp. [C.O. 5, 1323. ff. Ill, 177 v., 181 v.]
Nov. 29. 1 83. President Dottin to the Council of Trade and Plantations.
Barbados. I hope my last letter of which the foregoing is a duplicate, and
wherewith accompanys another of the accounts last inclos'd came
safe to your Lordships' hands, and proved satisfactory for the
purposes they were wanted. I have since found that the favour
I ask'd in relation to my nephew succeeding Coll. Terrill as one of
the Council in this Island, can't be complyed with, as I observe it
is H.M. pleasure Mr. Dunbar the Surveyor General, besides his
being by virtue of his office a Councillor extraordinary, pursuant
to an additional Instruction for that purpose, was also to succeed
in the first vacancy, as one of the Council in ordinary, and I was
but very lately made acquainted with his mandamus, tho' it is of
an old date ; he will, I presume, on his next coming up hither apply
to be sworn and take his seat accordingly, but I think myself
obliged to acquaint your Lordships that Mr. Ashley a member of
Council having for some time past neglected his duty, whereby it
has happened that a Council nor Court of Chancery could not
hold and business thereby delayed, tho' indeed I have every time
excus'd him, in hopes his affairs and circumstances which has
appear'd to be very low and he much more in debt than the value
of his estates, wou'd have been accommodated to his advantage,
but that not happening and being told there is little prospect of
settling them in the manner he expected, I must humbly submit
it to your Lordships' consideration whether it be proper he shou'd
US COLONIAL PAPERS.
1735. [183]
continue longer a member of Council, especially as I perceive by
H.M. Instructions, it is his intentions that men of the best charac-
ters, abilitys and fortunes should fill those places, not but that
Mr. Ashley behaved very well while he gave his attendance, but
should your Lordships think him improper to be continued,
because of the loss of his fortune and his neglecting to attend his
duty since his circumstances has been discover'd, I will in that
case humbly presume to remind your Lordships of my late recom-
mendation and hope Major Abel Dottin will be deemed a proper
person to fill his place. On perusal of H.M. Instructions to his
late Excellency, I found several relating to transmitting an
account home of the state, condition and trade of this and the
rest of the West India Settlements, and being desirous of having
these matters as fully represented as possible, I communicated the
instructions relating thereto to the Council and appointed a
Committee to enquire therein, and they having taken several
depositions and made their report thereon, I humbly presume to
trouble your Lordships with an attested copy of the whole pro-
ceedings for your perusal, which are incerted in the Minutes of the
28th of October last, and tho' I am afraid the length will almost
induce your Lordships to lay it aside, as a matter that will engage
more of your time in considering it than you can spare for that
purpose, yet as it is an affair which not only relates to this Island
in particular, but also greatly regards our Mother Country
I humbly hope your Lordships wih 1 consider it in the manner that
a thing of such importance requires. From thence your Lordships
will see how prodigiously the French, Spaniards and Dutch have
lately increas'd not only their own settlements, but those Islands
to which they have no manner of right, and by what means they
were enabled so to do, the artifices, contrivances and unjust
dealings of the French and Spaniards in prejudice of H.M. rights
and those of his subjects are there manifested, and the great
danger of the West Indies trade being lost to Great Britain unless
some very speedy and effectual relief is given to the Sugar Colonys
are there shown, and these things, I am perswaded, w r ill induce your
Lordships carefully to consider this long report, and incline you to
use such means as may be proper in order to restore a declining
trade and prevent the French and Spaniards from using the unjust
methods for the future, which it appears they have hitherto
practis'd with impunity to the very great prejudice and discourage-
ment of the British subjects. Your Lordships will perceive what
great damage has ensued and injustice been done to the inhabitants
of this and H.M. other Islands, by the French and Spanish
guard vessells seizing the English vessells with then* effects at
uninhabited Islands, while many French vessells daily come here,
and lying out of the command of any fort or battery they carry
on an illicit trade and besides take off clandestinely many negroes
and persons in debt here, to the very great loss and prejudice of
the inhabitants, and which may be remedyed were we allowed to
fitt out small vessells as guards to our coast, who wou'd prevent
their coming near us, and as this woud be an effectual method
strictly to put in execution the Acts of Trade it was intended
AMERICA AND WEST INDIES. 119
1735. [183]
I am told to be pursu'd by his late Excellency, had not the
Attorney General been of opinion, he cou'd not grant such a
commission, but if your Lordships think proper to procure such a
power to the Governour or Commander in Chief to fitt out such
vessells, it will be of great service to this Island both in preventing
an illegal trade and in hindering many persons and negroes
running off from hence. The Committee of the Council thought
fit to consult the merchants as to what might be proper to be done
for the advantage and improvement of the trade of this Island,
who made their report in writing to them, a copy whereof your
Lordships will find immediately following the other report. They
have therein given their reasons for repealing the five laws your
Lordships were pleas'd to mention in your letter to me of the
fifteenth of July last, and which reasons are approved of by many
of the planters, tho' others differ from them therein, alledging that
if the two acts concerning forestallers and ingrossers of provisions
were repealed, the merchants and factors wou'd not be contented
with a moderate gain but wou'd send away those provisions to
any other place where they had a prospect of getting a better price,
and thereby force the inhabitants to pay much dearer for such
provisions then they can possibly afford. To which it is answer'd
that as this Island is the windwardmost, all provision vessells that
come on a trading voyage generally touch here first, and if the
marketts are tollerable, they chuse rather to stay then riske
another voyage, but if the price here will not immediately answer,
they directly proceed further and very often sell at a less price to
Leeward, whereas if the liberty of transporting provisions were
allowed, they wou'd rather chuse to wait here till they knew the
Leeward markets before they sent such provisions from hence ;
besides for want of this liberty being allowed, the inhabitants are
often obliged to buy those old provisions so long remaining in the
Island, and which for want of a demand here wou'd probably have
been exported, for while so large a quantity remains, the new and
better that is afterwards brought, must either be sold at an
advanced price, or immediately carryed away, and which possibly
wou'd have been landed here, had the old been exported, and at as
cheap a rate as they give for the old. Many more cargoes of
provisions it is alleged wou'd be left here was there not this
restraint laid on them, because if the factors here found they
cou'd not possibly sell them for any profitt, and which it wou'd be
to their advantage to do, rather then riske them further, they
might at last take that method which now they are obliged to do
immediately on the vessells' arrival, and notwithstanding these
Acts being in force, perhaps as many provisions have been secretly
transported without being discovered, as possibly wou'd be were
they repealed. It very seldom happens that horses and asses are
carryed from hence for trafick, after they are once landed, because
the masters or owners of them are at some expence in bringing
them on shore, and the charge of keeping them afterwards is very
great, so that if it is found they bear no price here, they are
immediately carryed further without being landed, nor do I think
it a trade any person here will care to follow to buy horses and
120 COLONIAL PAPERS.
1735. [183]
asses with an intent to send them elsewhere to make a profit of.
Some of the planters apprehend that were the two last Acts
mentioned by your Lordships and taken notice of by the merchants
to be repealed, the French wou'd then import their rum, spirits,
molasses, sugar and panells into this Island, and by underselling
the planters here occasion the produce of this place to lye on their
hands and thereby force them either to send it to another market
or to sell it at a very low price, which will be very detrimental and
greatly discourage them in their labour and industry. It is
answer'd hereto that these French commoditys after paying the
several dutys imposed on them by the English Act of Parliament,
which is ninepence sterl. p. gallon on rum or spirits, sixpence
sterling on molasses or syrrups and four shillings sterl. p. cent, on
sugar and pannells, cannot be sold for less then the planters can
afford the produce of this Island, which being much preferrable
to the others, no person will chuse to buy them at as dear a rate,
as they can have better for, but in proportion to the goodness, the
planters may reasonably expect and be certain of a better price,
for their commodity's, so that it is not probable they will be
brought to the Sugar Islands for sale, for if there was an advantage
in doing it, it is conceived they may legally be imported, notwith-
standing these Acts, if the duty laid by the English Act of Parlia-
ment was complyed with. Tho' were it even to happen that by
the importation of French rum, sugar and molasses here, our own
produce cou'd not be so readily sold yet as it is found by experience
that in contempt of the late Act of Parliament, very great
quantitys of these are still carryed to the northward, it is alledged
that the same had much better be purchased in this Island, where
the cash given for them wou'd then center, rather then it shou'd
be carryed elsewhere, which prevents us reaping any advantage
from it, and still occasions a less demand for our produce. As to
the article of cotton, this Island of late has produced very little
of that commodity, and as larger quantitys are generally wanted
then we are able to supply, were they allowed to be imported,
tho' it wou'd occasion our own to be sold at a less price then it
generally is, yet it wou'd certainly be the means of having that
money kept here which is carryed elsewhere for the purchase of it.
If your Lordships will be pleased to consider the reasons given by
the merchants for the repeal of these five laws with what I have
mentioned concerning them, you'l be able to determine whether
they ought to be repealed or not, and should your Lordships be of
opinion for repealing you will be pleased to report to H.M. thereon,
because as the planters differ so much in opinion, I question
whether an Act to be made for repealing them wou'd pass the
legislature here. I can't help, however, observing thus much that
it seems very preposterous for us to desire this Island's being
made a free port which surely wou'd be of vast service to it and
its mother country, and yet be doubtful of repealing some laws
of our own which restrains that freedom we so much wish and
desire, but as your Lordships after considering this whole affair
will be able to determine thereon better then we are, I am con-
vinced whatever you shall think proper to do, therein will be for
AMERICA AND WEST INDIES.
121
1735. [183]
the advantage of this Island. The merchants in their Report
greatly complain of many hardships laid on trade by the Custom
House officers and particularly mention their demanding large
fees. This matter I am inform'd was represented to our late
Governour who had a meeting of the merchants and Custom House
officers in order to settle and accommodate the disputes between
them, which he was not able to do, tho' I am told it then appear 'd
to his Excellency that many of the fees complained against
appear'd to be taken for a very long time and were known to be
so by the Commissioners of the Customs in England, however
your Lordships will judge whether this plea of long custom is
sufficient to entitle those officers to demand and take the fees they
do or not, and if your Lordships should think they are entituled
to those fees, they may hereafter take them with a better authority,
as they ought to be satisfyed to reduce them if your Lordships
think them exorbitant. It is certain the port charges in this
Island are very high especially on the small vessells who enter
and clear many times a year which sinks most part of the profitts
arising from those voyages. I must again intreat your Lordships
to consider the observations made by the Committee of the
Council on H.M. Instructions referr'd to them which begin at
page twenty-seven and as there are many things there taken
notice of that deserve your Lordships' serious attention, I doubt
not of your doing everything that is proper thereon, and if your
should think this Report necessary to be laid before the Parlia-
ment, as we have thought it to be, and pass'd an Address to H.M.
for that purpose, I am perswaded your Lordships will readily
afford all the assistance you can for the desired relief. I need
not again press the necessity there is of furnishing this Island
with small arms in case of a war, which we are in no condition to
purchase ourselves, if your Lordships believe what is sworn
relating to the boasting of the French, you will think we ought to
be supplyed with all necessarys for the preservation of this Island.
I intended to have wrote to the General of Martineco concerning
the French being still settled at St. Lucia, but as I have heard he
declared that was done without his consent, tho' the contrary is
in proof, I should think the best method to make them entirely
quit those Islands which are stipulated to be so, wou'd be for
our men-of-war, on this and the Leeward Station to destroy and
burn their habitations, and for the sake of plunder, they wou'd
have many volunteers who wou'd gladly embark in driving them
off those Islands. After I had wrote thus far of my letter, Capt.
Carter arriv'd from London and deliver'd me a bill of loading and
an inventory of fifty-seven pieces of ordinances with all things
necessarily belonging to them, which H.M. has been graciously
pleas'd to send us for the service of this Island in his vessel!.
I make no question they will be deliver'd in good order, and that
nothing will be missing of what he reced., and I shall take care to
dispose of them in the best manner I am capable for the end they
were sent us, but must repeat my sollicitation that your Lordships
will be pleas'd to report in our favour as to the small arms. The
Honble. Othniel Haggatt, Esqr., a very worthy gentleman and
\-2-2 COLONIAL PAPERS.
1735. [183]
one of the Council here having dyed after I had wrote the fore-
going whereby his seat in Council is become vacant, your Lord-
ships will be pleased to think of some person to supply it, and if
Mr. Ashley be still continued a member, 1 entreat your Lordships'
favour in recommending Abel Dottin, Esqr., in Judge Haggatt's
stead, but should he happen to be appointed in the place of the
other gentleman I then take the liberty of proposing to your
Lordships Colonel John May cock, Esq., as a proper person to be
appointed one of H.M. Council here in the other vacancy. I have
enclos'd your Lordships one year's account of the Treasurer and
cou'd mention many other things concerning this Island but as
I am afraid that I have been already too long in trespassing on
your time I shall omit adding further at present etc. P.S. Dec.
4, 1735. The vessell staying longer than I expected the Clerk of
the Council was able to compleat copys of the Minutes of the
Council for the last six months, which your Lordships will receive
herewith and duplicates of the last Minutes formerly transmitted,
I have also sent your Lordships a copy of a letter wrote by my
direction to Capt. Reddish with his answer thereto, and another
letter I thought proper to write to the General of Martineco, and
hope my conduct in that affair will be approved of by your
Lordships. Endorsed, Reed. 6th Feb., Read 9th April, 1736.
7 large pp. Enclosed,
183. i. President Dottin to the Marquis de Champigny,
Governor of Martinique. Barbados, Pilgrim, 4th Dec.,
1735. Abstract. The English readily complied with the
orders for evacuating Sta. Lucia, St. Vincents and
Dominico. But " I am concern'd to find from several
depositions, that the subjects of His Most Christian
Majesty, only for form sake lock'd up their doors, but
moved none of their effects and went over to Martineco,
and in a few days afterwards return'd back again to
St. Lucia, where they still abide, are more numerous
than ever, improve more land, grow very rich, take upon
them to sell the lands in fee, employ English shipwrights
to build vessells there for their own use, and that a very
profitable and advantagious trade is carryed on between
them and the people under your Excellency's govern-
ment " etc. Continues : I doubt not but from your
Excellency's known honour and probity you will take
such methods as shall be proper to compell the persons
still remaining there immediately to remove from thence,
especially since some of them have had the assurance to
pretend what they have done was by your Excellency's
order, alledging you told them they had fulfilled their
King's order in removing thence for a time " etc. Capt.
Reddish, H.M.S. Fox, will deliver you this, and be ready
to act in such manner as is proper to have these orders
duly complyed with, etc. Hopes on Capt. Reddish's
return to be informed that the island is entirely
evacuated, otherwise such methods must be taken as are
AMERICA AND WEST INDLES. 123
1735. [183 i.]
necessary for the enforcing a punctual cornplyance.
Signed, James Dottin. Copy. 1 large p. For these
enclosures see also below 4 Dec., 1735, No. 188 ends. i-iv.
183. ii. Deputy Secretary of Barbados to Capt. Reddish, R.N.
29th Nov., 1735. Abstract. By the President's com-
mand, forwards to him copies of H.M. and the French
King's orders for evacuating Sta. Lucia, St. Vincents and
Dominico, with above information. There are said to be
200 French families now on Sta. Lucia, 4,600 worth of
cotton was produced from only 4 plantations there,
besides great quantities of cocoa, coffee, tobacco, ginger,
sugar and timber etc. The President is of opinion that
it will lend very much to H.M. service if Capt. Reddish
with Capt. Herbert will visit that island, and if what is
here reported upon oath be found to be true, consider
how far he may by the orders from the two Crowns
be justified in driving the present inhabitants thence,
and whether they may not with good right be plundered
and dispossessed of what they now have there, for the
sake of which he may possibly meet with as many
volunteers as he may care to take etc. Signed, William
Duke. Copy. If pp. Nos. i and ii endorsed as covering
letter.
183. iii. Capt. Reddish to Mr. Duke. Fox in Carlisle Bay.
1st Dec., 1735. In reply to preceding, will be ready to
meet and consult whenever his Honour thinks proper
to call a Council etc. Proposes to sail in two or three
days for St. Lucia, and will leave orders for Capt.
Herbert, H.M.S. Diamond, to follow, if he has not
returned from his cruise before his departure. Signed,
H. Reddish. Endorsed as covering letter. Copy. | p.
183. iv. Mr. Duke to Capt. Reddish. Dec. 4, 1735. In reply
to preceding, the President thinks it absolutely necessary
for H.M. service that Capt. Reddish proceed to Martineco
and inform the Governor there of the account His
Honour has received of the settlements etc. lately at
St. Lucia, delivering enclosed letter etc. The Governor
will then no doubt be ready to do what is proper therein,
making it " unnecessary for us to use violent means,
which his Honour thinks with you. will at present be
improper to be taken till further directions from home "
etc. Signed, William Duke. Endorsed as preceding.
Copy. I p.
183. v. Treasurer's accounts of money received and paid upon
account of duties of liquors and new negroes imported,
June 13, 1734-1735. Shows balance of 2,416 Os. lOd.
Signed, Jno. Bignall, Trear. Endorsed as preceding.
18 pp. [C.O. 28, 24. ff. 152-159 v., 160 V.-164, 165 v.-
170 v.]
Dec. [ ]. 184. Mr. Martyn to Lt. Governor Broughton. The Right
Georgia Office. Honble. Earl of Egmont having communicated to the Trustees
COLONIAL PAPERS.
1735. [184]
for establishing the Colony of Georgia in America your letter to
his Lordship of October last, together with a Memorial of the
several merchants of Charles Town concerning the Indian trade,
the affidavits of several traders to the Creek nations, and also
copies of two letters from the Govr. of St. Augustine, and one
from the Commandant of Mobille relating to the conduct of
Captain Patrick Mackay ; The Trustees immediately took the
same into consideration, and they have order'd me to acquaint
you, that it do's not appear to them, that the said Patrick
Mackay himself claims to have acted under any Commission or
Instructions relating to trade, but what were given him by his
Excellency Robert Johnson, Esqr., late Govr. of South Carolina ;
which Commission and Instructions not having been produced
to the Trustees, they leave the said Patrick Mackay to answer
for his conduct therein to those from whom they issued. The
Trustees find the Commission and Instructions given to the said
Patrick Mackay by James Oglethorpe, Esqr., relate only to the
building of a Fort in the Indian Country, and the command of a
Company in garrison there. They have given instructions to
Mr. Oglethorpe to inquire into the several crimes laid to the
charge of the said Mackay, and on proof of any such as are
cognizable by them, they will take care that such punishment
shall be inflicted on him, as he shall appear to deserve. And they
hope that no misbehaviour of his (which will never receive any
countenance from them) shall give any interruption to the friendly
and generous assistance given to their infant colony by the
Province of South Carolina. The Trustees, being justly sensible
Sr. of the ill consequences that would unavoidably happen to the
Provinces of Carolina and Georgia on a rupture with the French
and Spaniards, have all along given such directions to their
Magistrates and Officers as tend most to cultivate a friendship and
good understanding with them : and hope they need not assure
you that it w r as with the utmost grief and concern they heard
of the murder committed on a Spaniard by Licka ; as soon as
that fact came to their knowledge (which was previous to the
receipt of your letter) they immediately gave directions that a
strict inquiry should be made after the offenders, in order for
their punishment, and sent the enclosed letter to Mr. Oglethorpe
to dismiss the said Patrick Mackay from their service. As to the
privilege and liberty of trading with any nation of free Indians
under H.M. protection, the Trustees direct me Sr. to acquaint
you. that they pretend to no exclusive right : But they apprehend
that you must agree with them in opinion that no trade with the
Indians can be carried on to any good effect, unless under some
proper regulations ; and H.M. having by an Act lately passed in
Council in his great wisdom determin'd what those regulations
within the Province of Georgia shall be, the Trustees for your
information have herewith inclosed the said Act. As to the
militia of the Province of Georgia the Trustees, not imagining
they should have people in Georgia capable of commanding in
Chief, desired, that in their Charter, on all extraordinary occasions,
where a Commander in Chief of the Militia of both Provinces
AMERICA AND WEST INDIES. 125
1735. [184]
should be necessary to take the field, that the command might be
placed in the Governor of South Carolina for the time being, for
the common safety of two Provinces so closely united. But in
all ordinary cases, the command of the Militia by the antecedent
clause in their charter is placed in the Trustees, and such person
or persons as they shall appoint ; and therefore it is not without
the utmost concern, that the Trustees observe the order you was
pleased to send to the Militia in Georgia, and cannot but reflect
with great uneasiness on the ill consequences that might have
attended the execution thereof, which so directly tended to the
dissolution of civil government, and might have exposed the
Colony defenceless to the greatest dangers ; and might even have
proved of the greatest ill consequence to South Carolina itself,
if what was then expected (a rupture between Great Britain,
France and Spain) had happen'd. The Trustees have inclosed
with this their annual account from the 9th of June, 1734, to the
9th of June, 1735, which was (pursuant to their Instructions in
their Charter) lately deliver'd to the Rt. Honble. the Lord High
Chancellor, and to the Honble. the Master of the Rolls ; by which
account you will see, Sr., the just sense the Trustees have of the
obligations which the Colony of Georgia has receiv'd from the
Province of South Carolina, and their desire to perpetuate the
remembrance of the same. Signed, Benj. Martyn, Secretary.
Endorsed, Reed, [by the Board of Trade and Plantations] (from
the Georgia Trustees), Read 18th Dec., 1735.* 3| pp. Enclosed,
184. i. Copy of letter from Mr. Martyn to Capt. Mackay, 10th
Oct., 1735. Same endorsement. 1 p.
184. ii. Lt. Governor Broughton to the Earl of Egmont.
Charles Town. Oct. [ ], 1735. Encloses Memorial of
Merchants and affidavits of Indian traders (v. Oct. [ ]
encl. iv.), complaining of the conduct of Capt. Mackay.
Copy. Same endorsement. 3 pp. [C.O. 5, 365. ff. 62,
63-64 v., 65v.-61v.]
Dec. 1. 185. Governor and Company of Rhode Island to the Council
Newport on o f Trade and Plantations. Reply to enquiry of 17th June as to
island. j aws j n f orce laying duties on British trade and shipping etc. :
We had not then [1731], nor have now any act or law in this
Colony that lays any duty or imposition on the trade or shipping
of Great Britain : or on the importation or exportation of any
goods, wares or merchandizes whatsoever. But some few years
before that time, we had only a duty of three pounds this currency
pr. head on negroes imported from the West Indies (and then
exempted therefrom all directly from Africa), which Act was
imediately repealed upon the receipt of an Order from your
Honble. Board. Signed, By order and in behalf of the Governor
and Company etc., John Wanton, Govr. Endorsed, Reed. 4th
Feb., Read 20th Oct., 1736. 1 pp. [C.O. 5, 1268. ff. 208,
209 v.}
* From the Journal, 17, 18 Dec. 1735, p. 82, we learn that this was a letter
which the Trustees for Georgia designed to send to Lt. Gov. Broughton and
which they submitted for the information of the Board.
126
COLONIAL PAPERS.
1735.
[Dec. 3.]
Dec. 3.
Whitehall.
Dec. 4.
Barbados.
186. Mr. West to the Council of Trade and Plantations.
Abstract. Reports objection to Act of St. Christophers, 1723, to
prevent abuses in importation of wheat, flour etc. and bottled liquors,
that, as it creates a forfeiture of liquors imported otherwise than
according to the directions therein prescribed, it affects the trade
of Great Britain. He has no objection to the provisions of the
Act, " but as our merchants may lose their goods, who have no
notice of the Act, I submitt to your Lordshipps what remedy ought
to be taken to prevent it." Has no objection to two other Acts
of the island in 1723. Signed, Richard West. 29th May, 1725.
Endorsed, Reed. 3rd Dec., 1735, Read 3rd Dec., 1735. 1 p.
[C.O. 152, 22. jfjf. 5, 8 t>.]
187. Mr. Popple to Mr. Kay. Acknowledges the receipt of
letters in relation to the Acts passed in Rhode Island for emitting
of paper mony and for raising of powder on the tonnage of shipping.
Continues : My Lords Commissioners are not yet come to any
resolution about these laws, but desire you will be very watchfull
and give me the earliest intelligence, for their Lordps.' information
of any law they may pass, which may in the last degree contradict
any law of this Kingdom. [C.O. 5, 1294. p. 82.]
1 88. President Dottin to the Duke of Newcastle. Abstract.
Refers to letter of Oct. 21 recommending Abel Dottin for the
Council, but since finds that Charles Dunbar was appointed to
succeed to the first vacancy. Represents that it has been lately
discovered John Ashley is much more encumbered than the value
of his estates, though he is well qualified in every other respect,
but since that discovery he has neglected to attend his duty.
Submits whether he ought to be continued as a Councillor.
Othniel Haggatt is dead, and there are now only seven Councillors
besides himself residing in the island, Messrs. Colleton, Peers and
Dunbar being absent, recommends Abel Dottin and Col. John
Maycock to fill vacancies. Encloses duplicates of Minutes of
Council formerly transmitted, and copy of the last six months'
Minutes. Continues : As I observe that an account from time
to time was directed by H.M. Order to be transmitted how the
agreement for evacuating the Islands of St. Lucia, St. Vincents
and Dominico was observed on both sides, your Grace will perceive
by looking over the Minutes of Council of the Twenty-eighth of
October last wherein is incerted a long report of the members of
that board on an enquiry made by them of the state, condition
and trade of this and the rest of the West India settlements in
pursuance of H.M. Instructions, how very little the French have
regarded that order and what improvements have been made
by foreign nations of all the West Indies settlements while the
British are so far from improving theirs that they decline daily
more and more. There are several things in this report that may
be improved to the advantage of the Nation, if your Grace will be
pleased to consider it, tho' I fear the length will take up more of
your time then can be well spared for that purpose. I have
likewise sent your Grace a twelve months accounts of the Treasurer
AMERICA AND WEST INDIES. 127
1735. [188]
and also the copy of a letter which I order'd to be wrote to Capt.
Reddish concerning St. Lucia, and as this Island was at consider-
able expence in having H.M. Order publish 'd in that Island which
has produced no other effect then dispossessing our own subjects
to the advantage of the French, the Legislature here has done
nothing therein since the third of October one thousand seven
hundred thirty-three where your Grace will find the letters
pass'd between his late Excellency and the General of Martinico
enter'd in the Minutes of Council of that date, and had those
orders been publish'd in the other Islands, it is probable they
wou'd use the same means to evade it there, as they have done at
St. Lucia. I have not yet been honour'd with any of your Grace's
commands, which I shall always take great pleasure in executing
in the best manner I am able, etc. Signed, James Dottin. If pp.
Enclosed,
188. i. President Dottin to the Governor of Martinique.
Pilgrim. Dec. 4, 1735. The Orders of the Kings our
Masters for evacuating the Islands of St. Lucia St.
Vincents and Dominico being duly published according
to their tenor in the first of those Islands, I imagined the
subjects of both nations residing thereon wou'd
punctually have complyed therewith by the time limitted
in those orders, and not have ventured by their dis-
obedience to incurr their Sovereign's highest displeasure,
and at the same time that it gives me great satisfaction
to be inform'd that the English readily complyed and
obeyed, I am concern'd to find from several depositions
laid before me, that the subjects of His Most Christian
Majesty, only for form sake lock'd up all their doors
but moved none of their effects and went over to
Marteneco, and in a few days afterwards return'd back
again to St. Lucia, where they still abide, are more
numerous than ever, improve more land, grow very rich,
take upon them to sell the lands in fee, employ English
shipwrights to build vessells there for their own use,
and that a very profitable and advantagious trade is
carry'd on between them and the people under your
Excellency's government. As it plainly appears to be
the intention of the Kings our Masters that all these
Islands shou'd remain neuteral till the right to them was
absolutely determin'd, and that none of the subjects
of either Sovereign should have a better right to remain
thereon than the other till that was finished, it greatly
surprized me to hear that St. Lucia was better settled
by the French after the order had been publish'd there
then it had been before, when the English so readily
quitted it, so that the order instead of having the
intended effect proves only to the disadvantage of the
latter, and profit of the former etc. I doubt not but
from your Excellency's known honour and probity you
will take such methods as shall be proper to compell
the persons still remaining there immediately to remove
128 COLONIAL PAPERS.
1735. [1881.]
from thence, especially since some of them had the
assurance to pretend what they have done was by your
Excellency's order, alledging you told them they had
fulfill'd their King's order in removing thence for a
time, as I am commanded to transmit an account to
my Master from time to time how these orders are
comply'd with, my duty oblig'd me to send him this
information and I have also acquainted Capt. Reddish
Commander of H.M.S. the Fox thereof, who will do me
the favour of delivering you this ; and be ready to act
in such manner as is proper to have these orders duly
complyed with. Had any of the English subjects
presumed to have acted in this manner, I should not have
look'd on them as under my protection since they
voluntarily chose to continue in a place which was
directed to be evacuated and therefore they were
necessary to any mischief that befell them there, and I
question not but your Excellency will think the same
of the others who are still on that Island. I shall be
exceedingly concern'd that anything should happen to
disturb the good agreement that has subsisted between
your Excellency and myself since I have had the honour
of administering the government of this place, but as
this is a matter I cou'd not avoid taking notice of with-
out being guilty of a breach of my duty, I thought
myself obliged to acquaint your Excellency therewith
and hope on Capt. Reddish 's return, to be inform'd that
the Island is entirely evacuated in the manner it was
directed by our Masters to be, otherways such methods
must be taken as are necessary for the enforceing a
punctual comply ance. Signed, James Dottin. Copy. 2pp.
For these enclosures see also above No. 183, end. i-iv.
J88. ii. Deputy Secretary William Duke to Capt. Reddish,
R.N. Dec. 4, 1735. Secretary's Office, Barbados.
President Dottin thinks it necessary for H.M. service
that he proceed to Martinique and inform the Governor
as in preceding. He agrees with Capt. Reddish that it
will be improper to take violent measures till further
directions are received from home. Signed, William
Duke. Copy, f p.
188. iii. Same to Same. Nov. 29, 1735. Encloses copies of
H.M. Orders for evacuating of the above islands,
acquaints him with depositions showing French action
in St. Lucia. Asks his opinion whether they may not
with right be plundered and dispossessed of what
they now have there, for the sake of which he may
possibly meet with as many volunteers as he may wish.
Suggests that he consult the other officers of the Squadron
for this purpose. Signed, William Duke. Copy. 2 pp.
188. iv. Capt. Reddish to Wm. Duke. Fox in Carlisle Bay.
Dec. 1, 1735. Reply to preceding. Will be ready to
meet and consult on that affair and the trade of the
island, whenever the President thinks fit to call a
AMERICA AND WEST INDIES.
129
1735. [188 iv.]
Dec. 5.
London.
Council. Proposes to sail for Sta. Lucia in two or three
days and will examine the state of affairs there, and will
leave orders for H.M.S. Diamond to follow him. Signed,
H. Reddish. Copy, f p. [C.O. 28, 45. ff. 337, 337 v.,
339-340, 341-342.]
Dec. 5. 189. Mr. Popple to Mr. Fane. Encloses an Act passed at
Whitehall. St. Xtophers in June 1735 for regulating seamen and sailors and
obliging all masters of ships to take care of their sick seamen, for his
opinion in point of law. [C.O. 153, 16. p. 33.]
Dec. 5.
Bdenton.
190. Richard Coope, Agent for St. Christophers, to the
Council of Trade and Plantations. A scheme and reasons for the
settlement of Crabb Island. Above 300 familys have lately
retired from Antigua, St. Christophers, Nevis and Montserrat
for want of land and encouragement there, to Anguilla, Tortola
and Spanish Town, 3 barren islands, and about 100 more familys
for the same reason or for debt have fled to St. Martins, Sta.
Crus and St. Thomas's. All these gathered together and settled
might be of great service to the Leeward Islands as well as to
Great Britain. We have a very fine island called Crab Island
close to Puerto Rico about the bigness of St. Christophers where
these dispersed familys would unanimously go, settle and fortifie
if they could obtain protection for one year from the Spanish
piracy and murders from Puerto Rico. The protection and other
supplys necessary on this occasion, and which it's apprehended
wou'd effect their settlement are (vizt.) two small men-of-war on
the Leeward Island station to attend them, four companys of the
Regiment stationed there with a field officer to command them,
20 dozen of shovels, spades and pickaxes, with some mattock
hoes, four eighteens, four twelve and twelve six-pounders well
mounted, and six four or three-pounders with rammers etc. and
ammunition proportionable, and 200 barrels of beef etc., etc., for
the soldiers for the first year. This will be but a trivial expence
to the Crown, if the great advantages be considered : the pirates
of Puerto Rico would be prevented from coming among the
Leeward Islands ; ships bound to Jamaica would be protected,
the French in case of war prevented from carrying prizes into
Sta. Crus and St. Thomas's, and the persons would be discovered
who carry provisions and stores to those neutral islands to enable
the French to destroy us and our trade. The Sugar Islands would
be relieved from an unsufferable want of timber for mills, houses
etc. occasioned by ye Danes settling at Sta. Crus. This might be a
proper time to begin this settlement, while there is a Governour
of the Leeward Islands, whose knowledge of the Colonys, skill
in military affairs and zeal to pursue everything to render them
safe and flourishing may make the attempt most likely to succeed.
Endorsed, Reed., Read 5th Dec., 1735. 1 p. [C.O. 152, 22.
ff. 14, 17 v.]
1 91 . Governor Johnston to the Duke of Newcastle. Encloses
Journals of the Council and Assembly. Continues : According
P-dJ.
130 COLONIAL PAPERS,
1735. [191]
to my Instructions I have erected a Court of Exchequer in order
to do His Majesty justice in his revenue which has been very
much lessen'd by the fraudulent practices of several persons, who
hold vast quantities of land by false tenures at low quit rents, and
by the help of that Court I look upon myself to be in a fair way of
making them glad to hold their lands at the full quitrent requir'd
by H.M. Instructions. I have been obliged to appoint a Reciever
of H.M. Quitrents who resides within the Province, he has already
collected 1,200 sterl. of arrears, and before Lady Day I don't
at all doubt but he Avill collect three times that sum, which is more
than was collected in this Province during all the time it was held
by the Lords Proprietors. I am now doing all that lyes in my
power to settle and retrieve the affairs of this Colony, particularly
with regard to its trade, of which I hope to be able in a few months
to give your Grace a more particular account. Signed, Gab.
Johnston. Endorsed, R. 5th May. 1 p. Enclosed,
191. i. Minutes of Council, N. Carolina, April 23 13 Sept.,
1735. 20pp. [C.O. 5, 309. Nos. 1; 8.]
Dec. 5. 1 92. Governor Johnston to the Council of Trade and Planta-
Edenton. tions. Your orders of the 17 of June last did not come to my
hands before the latter end of Octr. and this is the first oppor-
tunity by which I could inform your Lo. that there is not now,
nor has been in any former time that I know of, any duty in this
country upon any sort of goods imported, except a small impost
upon wine, beer, cyder, rum and arack not imported from Great
Brittain, of 18 per gallon this currency, that is about 2%d. sterling,
which was laid on last Sessions of Assembly for defraying the
charges of Government. There is likewise a duty upon shipping
which is called powder money of 3s. this currency per ton. I send
your Lordships by this conveyance the register of the Upper
and Lower House last Sessions of Assembly, as also a copy of the
laws which were then passed, a list of the officers' fees in currency
and sterling money, and also a copy of the laws of this Province
or what they call their laws, for except six there was never any of
them ratifyed as the Charter directs, upon which account when-
ever I found any of them which incroached upon H.M. prerogative
or revenues, I took advantage of that defect and would not allow
that they were laws, some of them are so very gross, and invade
the rights of the Crown so plainly, others are so unjust in matters
of private life, that I could not help pointing them out to your
Lordships, and I hope you will with the first opportunity advise
H.M. to[? repeal] them for untill that is done they will be eternally
.... about them. [? Since I ha]d the honour to write to your
Lo. the collection [? of the first woijtie of the arrears of quit rents
for Albemarle County was not finishd. I find the Reciever and
his assistants then collected 1,200 ster. They are now about the
second moietie of arrears, which I am satisfied will amount to
double that sum and in March next they proceed to collect the
whole arrears for the county of Bath ; notwithstanding
Hammerton's insolent attempt the people pay very quietly, and
as we make them show their deeds by which they hold their lands,
AMERICA AND WEST INDIES. 131
1735. [192]
1 believe we shall have a very exact rent roll, tho' it costs a good
deal of trouble and charge ; the collecting H.M. rents with so
much spirit as has been done in this Province, is not only the best
method of getting a good quit rent law next Assembly, but is
really in some respects better than if we had got a good one last
Sessions, because it shews the people that the King will have his
right, whether they or their Assemblys consent to it or not. which
is a very new sort of doctrine to them. The only remains of
faction in this Colony is kept up by Mr. Mosely and the Moors
the principal proprietors of the blank patents, they have burnt the
light wood and box'd the trees of most of the poor pine land, and
consequently rendered it unfitt for anybody to take up, and now
they want to hold the rich land at Qd. per 100 acres. I hope your
Lo. have sent me before this time full directions how to proceed
in this affair in answer to my two last, and to the state of the
blank patents ; I should be glad to know if my predecessor sent
home the Proprietors' Seal, after H.M. purchase, because I have
heard of some quires of Blank patents lately seen in a private
person's custody all subscribed wt. the names of the Proprietors
Council, but [? not] sealed, now if the seal be still in the Province,
there will be [? no] end of the patents. Signed, Gab. Johnston.
Endorsed, Reed. 10th May, Read 21st Oct., 1736. Holograph.
2 pp. Enclosed,
192. i. Lists of Governor's and Officers' fees in N. Carolina.
Same endorsement. 5 pp. [C.O. 5, 295. ff. (with
abstract] 23-24, 25 V.-2S v.]
Dec. 5. 1 93. Mr. Popple to Mr. Burchett. I am commanded by my
Whitehall. Lords Commissrs. for Trade and Plantations, to desire that you
will please to move the Lords Commissrs. of the Admiralty, that
my Lords may have an account of the number of ships of war,
stationed in America, of what strength, and in what ports they
are stationed. [C.O. 324, 12. p. 126.]
Dec. 5. 194. Lt. Governor Dunbar to the Duke of Newcastle. As this
Portsmouth, p ar t o f H.M. Dominions is more immediately under your Grace's
ire 'direction, and as I have the honour to be Leiut. Governour here,
I beg leave to address your Grace in behalf of a great number of
the inhabitants who are so well inclined to the Church of England,
and so resolved, that they have built a handsome church and
steeple by a voluntary contribution, which is now soe near
finished that it is fit for divine service, it is the first that ever was
attempted in this H.M. province ; the people thus disposed were
encourag'd to build a church upon presumption that the Society
for Propagating the Gospel, would, upon application allow a
missionary, and accordingly they sent home a petition, and I at
ye same time had the honour to write to my Lord Bishop of
London to both which we have had obligeing answers, that the
Society were concerned they were not able to grant our request ;
the people here have exerted themselves in building the church
and are not really able to maintain a minister without assistance,
I therefore beg leave to intercede with your Grace to recommend
132 COLONIAL PAPERS.
1735. [194]
to H.M. that he would be graciously pleased to extend His Royal
Goodness to this his owne province in allowing a minister or
chaplain here as at Boston, and H.M. wonted bounty in books and
ornaments for the communion table and pulpit, and Govr.'s seat ;
I would not presume to mention such, but that there have been
two instances of such bounty at Boston since I have been in
America, and I hope as this is the first that ever was in New
Hampshire I may have the pleasure and honour of succeeding in
my petition to your Grace. Some of the Society's missionarys
have been so kind as sometimes to visit us from the neighbouring
provinces, and to administer the Sacrament to several who never
had ye like opportunity before ; among those gentlemen, one
Mr. Arthur Brown, missionary from Providence near 120 miles
from hence, is exceedingly liked and desired by the people here, who
in their petition to the Society, earnestly intreated a new one
might be sent to Providence and Mr. Brown removed hither, and
if H.M. is graciously pleased to grant an allowance for a chaplain
here, I humbly pray yt. Mr. Brown may be appointed, it will be
an honour and extraordinary favour to me and I have now
intreated my Lord Bishop of London to recommend him to your
Grace, he is knowne to his Lordship who I hope is satisfied of
sufficient reasons for Mr. Brown's being here. I cannot say that
the Chief Governour is privy or consenting to my petition, but
I dare promise he will not trouble your Grace wth. any of the
kind, he is so great and so open an enemy to the Church, that many
men here industriously conceal their inclinations for it, for fear
of his displeasure, his treatment of me is layd before your Grace,
which is more grievous to me than my sufferings at Malaga, and
from which I please myself with immediate reliefe. Capt.
Thomlinson, our Province Agent, has the honour to wait upon
your Grace with this, from, my Lord, your Grace's most dutyfull
and most obedient servant. Signed, David Dunbar. 3 pp.
[C.O. 5, 10. ff. 104-105.]
Dec. 8. 1 95. Lt. Governor Armstrong to the Council of Trade and
Annapolis Plantations. I did myself the honour to write to your Lordships
in January last in answer to your letter concerning Mrs. Campbel
etc. since which time I have not been honoured with any of your
Lordships' commands. According to my design formerly com-
municated to your Lordships, I took a tour up the Bay of Fundy,
and to Canso, which took up my time all last summer ; from
which, I make no doubt, your Lordships will expect an account
of the state of the Province ; and this I can do in a few words :
for as we have no trade carried on, nor manufactures set up, your
Lordships from thence will be convinced, that our French inhabit-
ants answer the charracter that I. several times, gave of them :
they indeed multiply very fast and grow exceeding numerous ;
but this does not induce them to industry, as might naturally be
expected ; tho' it much contributes to feed that spirit of rebellion
that reigns amongst them, which can never be quel'd unless a
strong blockhouse was built, and a good number of soldiers placed
in it, to keep them in awe ; for it is impossible that, at this
AMERICA AND WEST INDIES.
133
1735. [195]
distance, we can keep them in any order ; and they look upon the
garrison of Annapolis with such contempt, that they seem not to
be in the least afraid of anything that can be done or said here ;
and they are daily inciting the Indians to give us trouble, and to
make them beleive that the King of Britain has no right to the
lands up the Bay of Fundy, whatever he may pretend to those
about Annapolis ; and those ignorant creatures make use of this
argument upon every occasion ; and tho', by fair words and
promisses, I endeavour to keep them in temper, yet I must
observe to your Lordships that unless the Government follow the
same method that the French King takes to secure them to his
interest, no other will prevail ; and that is by sending over
annual presents, which I have so often mentioned to your Lord-
ships, and must beg leave to continue my remonstrances untill
such time as your Lordships will be pleased to favour me with an
answer. As for Canso, I begin to despair of ever seeing that
place put in a state of defence. I have so often represented the
consequences that may attend it, that, I hope, none will blame
me if any accident should happen : And indeed I am surprized
that the Government does not take more notice of that important
place, which, not only, increases the yearly revenues of the Crown,
but is the key to this part of North America ; and if this should
fall into the hands of the French, as it certainly must some time
or another, unless care be taken to prevent it, nobody knows of
what fatal consequence it might prove to H.M. interest in this
part of the world. I submit the whole to your Lordships' judg-
ment etc. Signed, L. Armstrong. Endorsed, Reed. 12th March,
Read 6th May, 1736. 4pp. [(7.0. 217, 7. ff. 165-166 v., 167 v.]
Dec. 8. 1 96. Order of Committee of Council. Referring following to
Whitehall, the Council of Trade and Plantations. Signed, Temple Stanyan.
Endorsed, Reed, (from Mr. Hucks), Read 16th Dec., 1735. 1 p.
Enclosed,
196. i. Petition of Trustees for Georgia to the King.
Petitioners are well informed that endeavours are useing
to obtain from the Lieut. Governor of S. Carolina, grants
of lands to the South of the River Alatamaha, and being
apprehensive that any attempt of making such settle-
ments will necessarily involve both the Provinces of
Carolina and Georgia in a warr with our Indian and
other neighbours etc., pray that said Lt. Governor may
be instructed by H.M. not to permit the running out of
any lands, or making any such grants to the southward
of the River Alatamaha. Copy. 1 p. [(7.0. 5, 365.
ff. 58, 59, 61 t>.]
Office.
Dec. 8. 1 97. Mr. Corbett to Mr. Popple. In reply to Dec. 5th,
Admiralty encloses following. Signed, Tho. Corbett. Endorsed, Reed. 9th,
Read 10th Dec., 1735. % p. Enclosed,
197. i. List of ships stationed in America, their rating, stations,
men and guns. v. Admiralty lists, p. [(7.0. 323, 10.
ff. 43, 44, 45 v.]
134
COLONIAL PAPERS.
1735.
Dec. 8. 198. Order of Committee of Privy Council. Referring Act of
Whitehall. Pennsylvania, for the more effectual vesting certain lands in George
McCall etc. to the Council of Trade and Plantations for their
report thereon. Signed, Temple Stanyan. Endorsed, Reed.,
Read 18th Dec., 1735. f p. [C.O. 5, 1268. ff. 180, 183 v.]
Dec. 8.
Annapolis
Royall.
Dec. 11.
1 99. Lt. Governor Armstrong to the Duke of Newcastle.
Altho' I have not been honoured with any of your Grace's com-
mands this long time past, yet I thought it my duty to let you
know that the Government and regiment under my control enjoy
health and tranquility. All last summer I employed in visiting
Canso and other parts of this Province, and am sorry that I can't
give your Grace a satisfactory account of that place, from whence
the Crown of Britain yearly receives considerable sums by the
returns for the fish ; and I am perswaded if there was a fortifica-
tion built at Canso, it would be very flourishing ; it is true indeed
that there is a very good blockhouse of late erected there ; but
this only is good against the Indians, but of no manner of use,
in case the French should take it in their heads to give us distur-
bance. As for the French inhabitants up the Bay of Fundy, and
upon all that coast, I found them, upon my arrival there, very
submissive, tho' I have great reason to beleive it proceeded only
from policy ; for I know them to be a very rebellious crew, if any
opportunity offered to favour their designs ; and they are always
inciting the Indians to give us trouble. And those poor ignorant
wretches are so guided or led by the French, that they will not
scruple to do any base action at their desire ; and nothing can
secure them to our interest, but annual presents, which I beg your
Grace would be pleased to move H.M. to send us, for without that,
we can never expect to depend upon their friendship ; and it is by
such means that the French King has got them over to favour his
cause. I make no doubt but your Grace knows of Governor Hart's
designs to make a settlement in this Province, to forward which
I made out a Patent in his favour, of some lands up the Bay of
Fundy, according to the Minute of Council I received for that
purpose. If any manufactures or other branch of trade is set
up in any part of this Province, I will not fail to send your Grace
an account thereof ; but as yet I am sorry to say there is none :
the fishery at Canso is the only thing of value in this Province,
which, if encouraged, will turn to good account. Signed,
L. Armstrong. Endorsed, R. 12th March. 3 pp. [C.O. 217, 39.
ff. 173-174 v.]
200. Mr. Fane to the Council of Trade and Plantations.
Report upon Act of Jamaica, 1735, for the more effectual directing
the Marshall's proceedings etc. Continues : I have been attended
by Mr. Forbes, the Provost Marshall of this Island who complains
of this Act as greatly affecting the employment which he now
enjoys by vertue of a grant from the Crown both as to the
execution and the profitts of it etc. Refers to enclosure. Con-
tinues : Tho' regulations of this sort may be very useful and
necessary, yet such regulations should in my opinion be so
A.MKR1CA AND WEST INDIES. i;5f,
173.",. [200]
contrived as not to make ineffectual a beneficial grant from the
Crown ; But if there had been any just foundation for the com-
plaints mentioned in the preamble of this Act agst. the Provost
Marshall, the law was open, and a proper redress might have been
had in a due course of law. I beg leave further to observe to your
Lordships, that an Act was passed in this island for regulating
fees in 1711, and confirmed in 1715. This Act with regard to the
fees of this office is so much a repeal of that law which has been
confirmed by the Crown. But I do not observe that there is the
least mention made of that law in any part of this, nor is there a
clause suspending the execution of it, till H.M. pleasure is known
thereupon. Signed, Fran. Fane. Endorsed, Reed, llth, Read
16th Dec., 1735. H pp. Enclosed,
200. i. Remarks upon the Provost Marshall's Bill. [By Mr.
Forbes.} Explains the difficulties and hardships imposed
upon the Provost Marshall by this act of Jamaica, which
at the same time reduces his fees and obliges him to be
" at very extraordinary trouble, risque and expence in
the execution of his office " etc. 3| pp. [C.O. 137, 22.
ff. 15-17 v., 18 v.}
Dec. 11. 201. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose following. [C.O. 195, 7. p. 403.] Auto-
graph signatures. 1 p. Enclosed,
201. i, ii. Extract from Capt. Lee's answer to Heads of
Enquiry No. 5, and account of ordnance stores and
garrison at Placentia. v. Sept. 29. 5 pp. [C.O. 194,
23. ff. 221, 224, 226-227 v.]
Dec. [12]. 202. Address of the President, Council and Assembly of
Barbados to the King. Dread Sir, The ordnance your Majesty
was graciously pleas'd to direct for the use of this island, consisting
of 57 peices of cannon, with their carriages and necessary utensills,
being arrived, we chearfully embrace the first opportunity of
returning our most humble and hearty thanks for the same, as
also for the seasonable alteration that has been made in the
severe method of collecting the duty of four and half p. cent., and
could we so far prevail on the royal favour as to obtain likewise in
due time ten small field peices to compleat our train of artillery
with a proportionable quantity of small arms and other accoutre-
ments, we shou'd not doubt being able to protect this your
Majesty's Colony from all hostile attempts etc. Continue :
What we have in all humility now mention'd, as to smal arms, is
what ought to be furnish'd by and amongst ourselves ; but so
unfortunately backward are we in our circumstances, and so
incumber'd already with publick and private debts, by reason of
a declining trade, and the low prices our commoditys have
yeilded of late years, that it is morally impracticable to raise new
funds, or even to put our municipal laws in force, relating thereto,
without the hazard of incurring very great inconveniencys ; and
shou'd there consequently happen any sudden turn in the affairs
of Europe which may affect these parts, in the condition we now
136 COLONIAL PAPERS.
1735. [202]
are, numbers of your Majesty's able subjects would be found to
have zealous hearts only without anything else to oppose the
enemy etc. Signed, James Dottin, Prt., 17 Councilors, Hen.
Peers, Speaker, and 14 members of Assembly. 2 large pp. [C.O.
28, 45. ff. 343 v., 344.]
[? Dec. 12.] 203. Address of the Grand Jury of Barbados to the King.
Humbly acknowledge with deepest gratitude their share in the
benefits of H.M. most auspicious reign, especially for the stores of
war referred to in preceding, and the alteration with regard to the
collection of the 4| p.c. " The difficultys we labour 'd under on
account of certain modern instructions to the Officers of the
Customs wou'd hardly have been tolerable another year " etc.
Signed, George Forster, Jon. Holloway, Elf. Goulding, Steph.
Butcher, Anthony Archer, Jon. Pile (?), Phil. Jackman, Geo.
Bishop, Win. Smith, Saml. Wood, Joseph Bayley, John Rawlins,
Benja. Smith, Jona. (?) Francklin, Peter Bascom, Jos. Palmer,
Edward Henery. 2 large pp. [C.O. 28, 45. ff. 345 v., 346.]
[? Dec. 12.] 204. Address of President, Council and Assembly of Barbados
to the King. Return thanks for the several laws in favour of the
Sugar Colonies to which H.M. has given his assent etc. Represent
that Barbados was the first settled and is the mother of all H.M.
Sugar Colonies, and has for many years been a very profitable
Colony to Great Britain as well by producing and importing
sugar, rum, mollasses, cotton, ginger and aloes into Great Britain,
as by taking off from thence great quantities of woollen and other
manufactures, which by means of the Barbados trade are not only
consumed amongst the inhabitants here, but are also exported
from Great Britain to Affrica, Madeira and the Northern Colonies
for the purchase of negroes, wine, fish and other commodities for
the use of this Island, whereby numberless hands have been
employed in H.M. kingdoms and territories and great revenues
accrew to the Crown, and the same commerce has been a great
support to H.M. Northern Colonies, and given a large and profit-
able vent to their fishery and other products and also to the
products of Ireland, besides employing a great number of shipping
and seamen etc., and after all leaves a considerable ballance in
England to the benefit of the national stock etc. Represent " our
melancholly apprehensions of new taxes being imposed on our
staple commodities when the excise on spirits extracted from
British mollasses is already doubled, while other spirits do not
pay above one half of what those spirits do, and should any new
spirit be imposed on British sugars upon their importation into
Great Britain, we conceive such a duty added to those already
existing will render it impracticable for your Majesty's subjects
of this and the other Sugar Islands to bear up any longer against
the encouragements given to and improvements made by their
rival neighbours in the sugar trade. Those neighbours pay much
easier taxes upon their products etc., which advantage with other
indulgencies has enabled them to wrest the sugar trade of the
foreign markets of Europe out of the hands of your Majesty's
AMERICA AND WtiST INDIES.
137
1735. [204]
Dec. 12.
Whitehall.
Dec. 12.
Whitehall.
Dec. 12.
Whitehall.
Dec. if.
Martinique.
Dec. 12.
Whitehall.
subjects. A trade, which formerly after supplying Great Britain
and Ireland with sugar brought back to Great Britain from its
surplus near half a million sterling per annum, and which now
brings into France annually double that sum from a surplus of
sugar that they spare to those foreign markets." From these
considerations etc., it will appear that any new taxes laid on the
products of H.M. Sugar Colonies will tend to their utter destruc-
tion, and consequently be hurtfull to all H.M. Dominions etc.
Pray H.M. wisdom, sovereign power and paternal care to prevent
any new burthens being laid upon their products, and to ease
them of the burthens they now labour under, as soon as the
exigencies of the government will permit. Signed, James Dottin
and 7 Councillors, W. Gibbons, Speaker, and 13 Members of
Assembly. 2 large pp. [(7.0. 28, 45. ff. 347 v., 348.]
205. Mr. Popple to Mr. Fane. Encloses, for his opinion in
point of law, three Acts of St. Xtophers, 1735. [C.O. 153, 16.
p. 34.]
206. Mr. Popple to Mr. Fane. Encloses, for his opinion in
point of law, eight Acts of Antigua, 1734, 1735. [C.O. 153, 16.
pp. 35, 36.]
207. Mr. Popple to Mr. Fane. Encloses, for his opinion in
point of law, six Acts of Montserrat, 1734, 1735. [C.O. 153, 16.
pp. 37, 38.]
208. Marquis de Champigny [? to President] of Barbados.
Abstract. In reply to his letter demanding the evacuation of
Sta. Lucia, states that he has sent a French man-of-war thither
with orders to notify again the French who remain there of the
King's intention to evacuate it. Dec. 29 (N.S.). The French
ship found there two English warships, and an agreement was
made with the officer deputed by the President of Barbados, upon
representations made by the subjects of both nations, that they
should be given till 31st May to evacuate the island, in order that
they might have time to harvest their cotton. Proclamations to
that effect were published etc. Endorsed, Rd., from M. de
Chavigny, 15th March, 173|. Copy sent ye 18th to the Presidt.
of ye Council of Barbados and to Govr. Mathew. Copy. French.
l$pp. [C.O. 152, 40. No. 44.]
209. Mr. Popple to Governor Belcher. My Lords Commis-
sioners for Trade and Plantations having had under their considera-
tion, an Act published in the Massachusetts Bay the 4th of
January. 1734/5, entituled An Act to encourage the raising of
hemp and flax within this Province, command me to acquaint you
with their desire of knowing what effect the said bounties have
had : whether the bounty upon flax was given with any view to
the establishing a linnen manufacture in the Province ? And
whether the report my Lords have heard, of some Irish skill'd in
138
COLONIAL lAl>ER&.
173.").
Dec. 13.
Bermuda.
Dec. 13.
Bermuda.
[209]
the linnen inanufactury, now going, or gon, to instruct the New
England people therein, is true ? My Lords desire you will send
me your answer to these queries, and any observations you may
have to make upon this subject, as soon as conveniently you can.
[(7.0. 5, 917. p. 153.]
21 0. Lt. Governor Pitt to the Duke of Newcastle. This is
the first opportunity I have had of doing myselfe the honour of
acquainting your Grace of the receipt of H.M. additional Instruc-
tion dated at the Court of St. James's the 30th day of November,
1733, which received the 30th June, 1735, therein constituting
and appointing Charles Dunbar, Esqr., who is Surveyor General
of H.M. Customs in these Islands to be a Councillor Extraordinary
at this Board which with all other orders mention'd in H.M.
Instruction bearing date as above shall take due care to obey,
I am with great respect, etc. Signed, John Pitt. Endorsed,
R. 19th March, f p. [(7.0. 37, 29. No. 20.]
21 1 . Lt. Governor Pitt to the Council of Trade and Planta-
tions. I have now the honour to acquaint your Lordships of the
receipt of your Lordships' letters dated the 17th June and
5th August, 1735, by Capt. James Dickenson commander of the
sloop Ann belonging to this place who arrived the 24th of Novem-
ber last, and in obedience to your Lordships commands, have sent
in the fullest manner I can, an account relating to all dutys and
impositions that was payable on the trade and sniping of Great
Britain on the 25th day of March, 1731, as also an account of what
dutys or impositions are now payable on the importation and
exportation of negroes, wines, or other kind of liquors, or on any
goods, wares, or merchandize, and shiping. It gives me a great
deal of concern that I should make such an omission in my letter
of the 26th May last, relating to the Councillors, my whole
intention being to inform your Lordships of the state of the
Councill, and the necessity I was under at that time, the three
deceased into whose places I desired Mr. Darrell, Mr. Hunt and
Mr. Spofferth might succeed, were Samuel Sherlock, Leonard
White senr. and John Jennings, Esqrs., and the three then
violently indisposed were John Trimingham, Esqr., president,
Henry Tucker, and Richard Jennings, Esqrs., the two former are
deceased, so that the Board now consists of Richard Jennings,
Andrew Auchinleck, Francis Jones, John Butterfield, Nathaniel
Butterfield, Leonard White and Robert Dinwiddie, Esqrs. I now
do myselfe the honour of recommending to your Lordships two
more gentlemen, which makes five, Mr. John Darrell, Mr. Richard
Hunt, Mr. Samuel Spofferth, Mr. Perient Trott senr., Mr. Perient
Trott junr., which 1 think the most capable of having the honour
to be at that Board and doing H.M. service, who I hope will meet
with your Lordships' approbation ; the return of Francis Jones,
Esqr., from England, who went only for three months and nothing
extraordinary happening made me defer calling the three before-
mention'd gentlemen to the Board till I know H.M. pleasure, which
with the other two 1 hope your Lordships will be so good as to
AM K I MCA AND WEST INDIES.
139
1735.
Dec. 16.
Whitehall.
Dec. 16.
Whitehall.
Dec. 18.
Whitehall.
Dec. 18.
Whitehall.
[211]
recommend to H.M. Signed, John Pitt. Endorsed, Reed. 15th
March, Read 25th Aug., 1736. l%pp. Enclosed,
211. i. Account of Acts in force 25th March, 1731, laying duties
on liquors, negroes and trade and shipping o
Britain. Endorsed, Reed. 15th March, 1736.
[C.O. 37, 12. jfjf. 185, 186, 186 v., 187 0.-188 v.]
Great
2 pp.
21 2. Mr. Popple to Mr. Johnston. Capt. Burrington having
inform 'd my Lords Commissioners etc. that the late Mr. Little
constantly kept a day book by which the several patents for land,
as likewise tracts not plotted out, appear ; and that his widow, to
whom it can be of no manner of use, has it now in her possession,
desire you will endeavour to procure and transmit it etc. [C.O.
5, 323. ff. 112 v., 113.]
213. Mr. Popple to Mr. Fane. Encloses, for his opinion in
point of law, Act of Barbados, empowering the Treasurer to pay. a
certain sum of money to the Lady Howe. [C.O. 29, 16. p. 43.]
214. Mr. Popple to Mr. Attorney and Mr. Solicitor General.
My Lords Commissrs. for Trade and Plantations command me to
send you the inclosed state of a case relating to any power a
Govr. in the Plantations may have to vote as a Councillor, and to
desire your opinion upon the Queries thereto annexed. Annexed,
214. i. The Government of H.M. Plantations in America
consists of a Govr., Council and Assembly ; these three
have the power of making laws vested in them, and the
Govr. has a negative upon every Act pass'd by the
Council and Assembly. The Council sits in two
capacities viz : as one part of the legislature, and as a
Council to advise and assist the Govr. in all political
cases. And the Govrs. are restrained by their Instruc-
tions not to act without the advice and consent of the
majority of them in many cases. Query therefore,
whether in any case the Govr. can sit and vote as a
Member of the Council. On the death or absence of a
Govr. the President of the Council, if there be no Lieut.
Govr. upon the place, always acts as Govr., till a new
Govr. is appointed by H.M. Query, is the said President
then capable of acting and voting as a Councillor, during
the time he acts as Govr., and represents the King.
[C.O. 324, 12. pp. 126-128.]
215. Council of Trade and Plantations to Governor
Cunningham. Having been informed that Major Ayscough, late
President of the Council and Commander-in-Chief at Jamaica,
is dead, we take this opportunity of acquainting you with our
having received a letter from him of the 16th of last August
wherein he informs us of some success the Jamaica parties have
had against the rebellious negroes which we are glad to hear. The
Act which was pass'd in June 1735, entituled An Act for the better
settling and securing the Island and vesting several jtoreefe of land
140
COLONIAL PAPERS.
173.",.
Dec. 18.
Whitehall.
Dec. 18.
Whitehall.
[215]
in the Grown, and for building of barrack* and fitting oat of parties
for the reducing the rebellious negroes, and cutting of roads, seems to
us, the most probable method of preserving the Island from any
dangers it may be expos 'd to from them, as it will open and keep
up a communication throughout the Island, we therefore desire
you will give all suitable encouragement to the execution of the
said Act. As to martial law, which has of late much been made
use of, but now expir'd, we hope you will never revive the same,
but in cases of the greatest extremity. We wrote to Majr.
Ayscough on the 17th of June, and on the 4th of Sept. last (of
which lettrs. we now send you copies) the first upon the subject
of an Enquiry made by the House of Commons, and the last in
relation to the state of the Island ; to both these, we desire your
answer as soon as may be, and that you will send us, at the same
time, an exact State of the Council of the Island : and as occasion
happens, an account of all transactions in your government (where
we hope your are now safely arrived) particularly with regard to
the rebellious negroes, who we hope are now almost entirely
reduc'd. [C.O. 138, 18. pp. 58, 59.]
21 6. Mr. Popple to Lt. Governor Gooch. An Act was passed
in Virginia, 1723, chap. 4th, entituled An Act directing the tryal
of slaves committing capital crimes ; and for the more effectual
punishing conspiracies and insurrections of them, and for the better
Government of Negroes, Mullattoes, and Indians, bond or free, by
which free negroes are deprived of the priviledge of voteing in
any election ; My Lords Commissrs. etc. have lately had occasion
to look into the said Act, and as it carries an appearance of hard-
ship towards certain freemen, meerly upon account of their
complection, who would otherways enjoy every priviledge
belonging to freemen, I am commanded to desire you will let me
know, for their lordships' information, what were the reasons
which induced the Assembly to pass this Act ; and it being now
many years that the Act has been in force I am likewise to desire
you will inform me what is your own and the general opinion of
the same at present. [C.O. 5, 1366. pp. 134, 135.]
21 7. Council of Trade and Plantations to Governor Mathew.
Acknowledge his letters etc. of July Sept. Continue : With
regard to the Act pass'd by the Council and Assembly of Mont-
serrat for raising a duty of fourpence a ton upon all shipping to be
paid in mony in order to purchase arms, for the use of the Island
we very much approve your having refused your assent to it, not
that the design of the Act was wrong in its self, but because you
are instructed not to pass any Act of this nature. And H.M.
having now been graciously pleased to order stores of ah 1 sorts
to be sent to the Leeward Islands in general, we do not think it
necessary to make any other observation upon this subject. We
are glad to find that you have been able to prevail with the
inhabitants of the Island of Nevis, to build a fortification for
their own safety and defence, and we hope soon to hear of its
being compleated. But with regard to what you have inform'd
AMERICA AND WEST INDIES.
141
1735. [217]
Dec. 18.
Whitehall.
Dec. 19.
New York.
Dec. 19.
Whitehall.
Dec. 22.
New
Providence.
us of, iii relation to the little Governments you have erected in
the Virgin Islands, we can say nothing to you, until we shall have
received your answer to what we wrote upon this subject, in our
letter to you of the 13th of Augst. last. [C.O. 153, 16. pp. 39, 40.]
21 8. Council of Trade and Plantations to Governor Belcher.
Since our letter to you of the 10th of September last, we have
received yours of the 19th of August, three of the 23rd, and one
of the 28th of October with the several publick papers you
therein mention to be inclosed : among which we have read the
Conference you had with the Indians at Deerfeild, and we are
glad to see thereby, that they are in so good a temper : But we
must observe upon this occasion, that altho' presents are said to
have been made to these Indians, yet you have not thought fit to
inform us, either what the said presents were, or the value of them.
[C.O. 5, 917. p. 154.]
21 9. Governor Cosby to the Council of Trade and Plantations.
Replies to letter and enquiries of 17th June : All the duties and
impositions that were laid on trade and were subsisting in this
Province in 1731 were laid in 1728 by the Act to repeal some parts
and continue other parts of an Act therein mentioned etc. Duties
enumerated. An Act of 1732 repealed this Act and re-enacted
the like duties till Sept. 1st, 1737. Describes other Acts of 1731
and 1734. Encloses Acts passed last session ; i-v Acts continuing
Acts for farming the Excise, regulating the Militia, clearing and
laying out high roads in Ulster and Albany, and for support of
H.M. troops at Oswego. (vi) " An Act to receive and continue
the currency of the bills of credit therein mentioned untill the end
of the year 1739. The fund on which these bills of creddit were
struck not answering the expectations of the Assembly, there are
many of them not yet sunk, and that fund being afterwards
appropriated to the sinking of other bills of creddit cannot till the
year 1740 be further apply 'd to the sinking of them, it was thought
absolutely necessary to pass this Act which gives the paper money
its former creddit. An Act to prevent damages by some in the
precinct of Goshen etc. This Act carry's its reason in the preamble.
An Act for naturalizing William Cornelius etc. This and other
Acts of the like kind are necessary to incourage foreigners to
settle among us," etc. Encloses Minutes of Council, 5th April
24th Nov., 1735. Signed, W. Cosby. Endorsed, 9th, Read 13th
Feb., 173f . 5 pp. [C.O. 5, 1058. ff. 28-30 v., 31 v.]
220. Saml. Gellibrand to Mr. Fane. In the absence of Mr.
Popple encloses Act passed of Pennsylvania for the more effectual
vesting and settling certain lands in George McCall, pursuant to the
covenants and agreements of all the parties having any interest in
the same ; for his opinion thereupon in point of law as soon as
conveniently may be. [C.O. 5, 1294. p. 83.]
221. Governor Fitzwilliam to the Council of Trade and
Plantations. 'Tis but two days since I was honoured with your
Lordships' letters of 17th June and 8th Aug., in obedience to
142 COLONIAL PAPERS.
1735. [221]
which I have in the first place herewith transmitted an account of
what laws were in force in this Government on 25th March. 1731,
and also what other laws have been since pass'd, by which any
duties or impositions have been laid on the trade and shipping
of Great Britain ; and likewise an account of all the duties or
impositions, which are now received and payable by virtue of
any Act etc. In reply to enquiry of Aug. 8th. refers to letters of
4th Dec., 1733, and states that he swore into the Council William
Steward and Chaloner Jackson in place of Richard Thompson and
William Finder deed. Continues : In my letter of 2nd July,
1734, I acquainted your Lordships I had sworn in Thomas Lorey,
who, upon examining my letter-book, and the Council Journals,
I find was in the room of William Whetstone Rogers, gone to
reside upon the coast of Africa, so that this last was an error of
my Clerk in transcribing my letter, for which I ask pardon etc.
Quotes from letter of 20th Dec. and llth March concerning new
Councillors. Continues : So that the number of H.M. Council at
present upon the island are but seven, namely John Howell,
William Spatchers, William Stewart, Thomas Lorey, William
Hale, John Thompson and William Smith, whom I have sworn in,
in the room of Thomas Spencer lately deceased, and the others
mentioned in my Instructions were gone off the Island or dead
before my arrival except William Miller, whom I daily expect.
The next omission your Lordships are pleas'd to charge me with,
is that of not sending your Lordships a duplicate of the report
signed by me and intended to be signed by the Engineer, to his
Majesty, which I hope you'l the readier overlook since it was owing
to my not having any perfect duplicates of the drawings to
transmit you, without which every thing else I could send would
have been imperfect, and that I knew, according to the common
course of business, those sent to my Lord President would be
referr'd to your Lordships ; and in respect to the observation
your Lordships are pleased to make, that my letters ought
constantly to mention the date of my preceeding, and that I
ought to mention what ships they go by etc., I find but one
omission of the former, which I shall take care for the future to
avoid, and the latter is impossible to be complyed with, because
we have seldom or never any direct conveyance from hence
home, and are therefore obliged to send them first to Carolina or
other Colonies, as opportunity serves, for a passage ; whereby
they frequently miscarry, or, at best, are a very long time before
they come to hand : and now upon occasion of mentioning this
inconvenience. I beg leave to offer it to your Lordships, whether
the surest method of transmitting your Lordships' commands to
me for the future would not be under cover to the Governor or
Commander-in-Chief of South Carolina for the time being. As
to what your Lordships are pleased to mention concerning the
estimates of the works proposed to be erected here, now before
you, I am to observe that tho' H.M. should not purchase these
islands (which, I hope, for the publick good of Great Britain and
the poor inhabitants of the place, will not be the case) yet, since
the Proprietors have surrendered the right of Government, it will
AMERICA AND WEST INDIES. 143
1735. [221]
be absolutely necessary to make this a place of defence for the
reasons your Lordships have set forth etc,, and tho' the works
proposed by the late Engineer should amount to more than you
think necessary H.M. should expend upon that service etc., yet
I hope your Lordships will conclude that something ought to be
done in this affair speedily, in which case I humbly presume the
Master General of the Ordnance will, from the plans, profiles and
elevations before you, best judge how that may oe properly done ;
before I conclude this subject, I think it necessary to acquaint
your Lordships that the few gun-carnages that were any way
serviceable, when I had the honour to make the afore-mentioned
report to H.M. are now become so far useless, as scarcely to bear
the firing of guns upon any public occasion, and that tho' I have
with great difficulty and a large expence made H.M. Independent
Company here at least as good as any in America, yet they have
not forty muskets among them, and above twenty of these unfit
for any kind of service, whereof I several times acquainted the
late Secretary at War, and my Agent writes me word that he has
attended the present on the same head, but hath not as yet had
any answer from him. I also preferr'd a memorial to the said
late Secretary, wherein I set forth the miserable and starving
condition the poor soldiers are in here, by reason of the smalness
of their pay, which can hardly support human nature in a country,
where all manner of provisions are so scarce and dear, as upon
this island, and likewise how many of them perish, in time of
sickness, for want of proper medecines, which are not to be had
here, nor any allowance given me upon the Establishment for that
purpose, as is allowed to other Independent Companies abroad
(particularly that at South Carolina) and therefore I humbly
proposed that H.M. would be graciously pleased to put this
Company upon the same foot, in respect to provisions, with the
troops at Gibraltar or Nova Scotia, and of medicines, in propor-
tion of what is allowed to the Company in Carolina, which he the
Secretary thought so very reasonable, that he not only told me
himself, that he would take a proper occasion to get it speedily
done, but also directed his chief Clerk, since my arrival here, to
acquaint me, that he had communicated my proposal to Sr. Robert
Walpole, who thoroughly approved thereof, notwithstanding
which there hath not any thing been yet done in this affair, which
I apprehend has been occasioned by the Secretary's long indisposi-
tion, but I am in hopes Sir William Younge, to whom my Agent
tells me he has renewed my application, will commiserate these
poor people's condition, and I flatter myself your Lordships will,
out of pure humanity, remind him of it, and that you will also be
so good as to talk to him concerning the usual allowance for fire
to dress their victuals, and candles, which other little garrisons
have, and which was mentioned in the aforesaid report to H.M.
'Tis a pleasure to me whenever your Lordships approve my
action, as you have been pleased to do in regard to the bonds I
took from the inhabitants to be answerable for the tenths of what
salt they should make, which I would at the same time have also
done for the tenths of braziletto, but to speak the truth, I was
144 COLONIAL PAPERS.
1735. [221]
then apprehensive of an insurrection in the country, to which the
inhabitants were privately spirited up by the insinuations and
artifice of one John Colebrooke, and to which, people of their
former course of life being naturally prone, he had no great
difficulty of leading them, and more especially for that their minds
had been so long disturb'd by the divisions and dissentions he had
created in the Government by his turbulency and unaccount-
able misbehaviour towards my predecessor, whereby all regular
form of Government was destroyed, and it has not been without
infinite difficulty and vexation, and great clamours against me, by
this man's contrivance, that since he left the country, I have at
last brought these people to be as peaceable, and to have as much
unanimity among themselves, as any in the King's Dominions,
and if a man can judge by the outward appearance of people, so
good liking to my administration as I could wish, or indeed, better
that I could reasonably expect, considering the methods that have
been used by that Colebrooke and his adherents to prevent them :
and I am therefore persuaded that if your Lordships would be so
good as to forward the erecting the works, and promote the
sending over here a hundred Palatine familys, with such
encouragement as they meet at South Carolina, which is to pay
their passage, give them a small portion of land free of quit-rents
for a few years, and allow them a little salt provision to support
them the first year, you would shortly find this country in a
flourishing condition, and more worthy your notice than perhaps
it may be at present. For those men would be found, at all times
a good security to the island, gatherers of salt to supply the
Fisherys of our Northern Colonys in time of war, when that
commodity is difficult to be had from other places, and good
cultivators of sugar-canes, cotton, indigo, vines and other things,
which these islands are capable of producing etc. Continues : At
the Assembly held here, since the taking of those bonds, a law
hass pass'd whereby a penny a bushel was laid upon all salt
exported, and other dutys in the same Act for levying divers sums
for payment of officers' salaries etc., which will come to double the
sum those tenths would amount to, and tho' it is not expressed in
the Act that it is in lieu of tenths, yet I cannot help saying the
poor people meant it so, and in truth, in order to get this law
pass'd the easier I gave them reason to hope I would interpose
any good offices in my power to engage your Lordships' sentiments
in their favour, as to this particular, therefore I must beg leave to
forbear taking any further steps in this matter untill I have your
Lordships' further directions. I have received the copys of those
laws that were pass'd by Mr. Rogers, with his remarks thereon,
but the last mentioned duty law, the Act for governing negroes
and slaves, and other Acts, which I have pass'd, and now lye
before your Lordships for your perusal, happen (tho' I had not
any of the former laws or transactions of the Government to
direct me) to provide for most of the material deficiencies in those
assented to by my predecessor, so as not to make it necessary for
us to be at the expence of calling an Assembly, untill there is
something more material to lay before them : particularly since
AMERICA AND WEST INDIES. 145
1735. [221]
the inhabitants have (now they know your Lordships' opinion
concerning their being in force) no objection to their being
governed by them. Encloses duplicates of Aug. 20th etc. Signed,
Rd. Fitzwilliam. Endorsed, Reed. 12th April, Read 25th June,
1736. 1pp. Enclosed,
221. i. Duplicate of Gov. Fitzwilliam to Council of Trade.
Aug. 20th.
221. ii. Deposition of Samuel Lawford, late master, and John
Grimes and W. Young, mariners, of the sloop Mercury
of New Providence. 18th Aug., 1735. Said sloop was
loaded at Jamaica with provisions consigned to Isaac
Maduras of Cura9ao, whither said sloop was bound, after
being regularly cleared on 17th June. She was blown
out of her course (described] to about 4 leagues off the
mainland of America at a part called the Bush. Here
she was boarded by an armed Spanish sloop of Maracaybo,
commanded by Don Pedro de Costa, who carried her
with the mate and one sailor off to Maracaybo, leaving
deponent, four of his crew and two passengers on shore
at the Salinas, a spot uninhabited except by savages,
whence after great hardships they made their way to
New Providence etc. Protests, etc. Signed, Samuel
Lawford, John Grimes, William Young (his mark).
Sworn before Governor Fitzwilliam. Endorsed as preced-
ing. Copy. 2| pp.
221. iii. Deposition of Samuel Lawford. 20th Dec., 1735.
About a month after the date of above deposition and
protest, deponent sailed with a letter from Governor
Fitzwilliam and the Governor of Curagao to the Governor
of Maracaybo etc. The Governor just opened the said
protest and in a very great passion threw it from him
and told him not to stay there trifling his time away,
adding that being ignorant of the law he had sent the
Mercury to be tried at St. Domingo, with a representa-
tion that a quantity of Spanish money had been found
on board of her. Deponent expostulated, reminding the
Governor of the depositions made before him by the
mate and one of the seamen that there was not one
single piece of eight aboard the Mercury when she was
taken, and prayed for copies of said depositions which he
absolutely refused to grant, alledging that he had sent
them to St. Domingo. He forthwith answered the
Governors' letters and ordered him to depart. Deponent,
in spite of his protests, and altho' he had brought
nothing into Maracaybo but the Governors' letters
aforesaid and the little provisions for his own use, was
compelled to pay 120 pieces of eight for port duties, to
raise which he was obliged to sell his clothes and part of
his necessary provisions. Some of the inhabitants of the
best credit in the place, and particularly two gentlemen
resident there to whom the Governor of Curasao had
recommended him, told him there was no hopes of his
146 COLONIAL PAPERS.
1735. [221 iii.]
ever regaining his vessel, for that the Governor there was
chiefly concerned in the privateer that took him and that
notwithstanding his pretence of having sent her to
St. Domingo for trial, she was then actually fitted and
gon out a -privateering with 10 great guns and 8 pateraras
and about 60 men, etc. A Dutch vessel was attacked by
the Mercury, but got away and came into Curagao whilst
deponent was there. Deponent's substance is so wasted
that he cannot pursue reparation at St. Domingo etc.
Signed, Saml. Lawford. Copy. 2^ pp.
221. iv. Governor Fitzwilliam to the Governor of Maracay bo.
Sept. 17th, 1735. New Providence. Demands return
to Capt. Lawford of the Mercury and goods taken by
Pedro de Costa under pretence of a commission from the
Governor of Maracaybo and that justice be done on said
pirates etc. Signed, Rd. Fitzwilliam. Endorsed, Reed.
12th April, Read 25th June, 1736. Copy. 1 p.
221. v. Governor of Maracaybo to Governor Fitzwilliam.
Nov. 28 (N.S.), 1735. Has sent the Mercury to be tried
at St. Domingo where justice will be done etc. Signed,
Dn. Ju. Joseph de Valderrana y Haro. Endorsed as
preceding. Copy. Spanish. 1 p.
221. vi. Governor Fitzwilliam to the Duke of Newcastle.
Aug. 20, 1735. Encloses deposition of Capt. Lawford
etc. as in covering letter supra. Signed and endorsed as
No. iii.. Copy. 1 p.
221. vii. Same to Same. Dec. 22, 1735. Encloses papers
relating to Lawford's case. v. following. Signed and
endorsed as preceding. Copy. 2 pp.
221. viii. Account of laws in force in the Bahama Islands,
25th March, 1731, by which any duties are laid on the
trade and shipping of Great Britain, and of duties now
payable by said Acts on the importation or exportation
of negroes, liquors or any goods or shipping, (i) An Act
for levying divers sums for defraying the public charges
etc., 1729. (ii) For levying divers sums for payment of
officers' salaries etc., 1734. Details of duties given. The
former Act is suspended by the latter. Signed, Rd.
Fitzwilliam. Endorsed, Reed. 12th April, Read 25th
June, 1736. 1 large p. [C.O. 23, 3. ff. 138, 138 v.,
139v.-141, 142-144, 145, 146 v., 147 v., 148, 149 v-
154 v., 155 V.-156 v.]
Dec. 22. 222. Governor Fitzwilliam to the Duke of Newcastle.
New Encloses papers relating to Capt. Lawford. v. preceding. Con-
ce ' tinues : I cannot help adding that the Governor of Maracaybo's
behaviour and that of the Royal officers was not only most
inhumane and cruel, but also insolent and, with great submission,
a great contempt of H.M. commission to me etc., by detaining the
vessel I sent with letters, of publick business only, until port
charges were paid for her, which the misfortunes of the miserable
man they robb'd, could not prevail upon their cruel natures to
AMERICA AND WEST INDIES. 147
1735. [222]
remit etc. Continues : Were I capable of pathetically describing
the distress this poor man (whom I prevented going home to
tieze you) has undergone and the beggary he is reduc'd to, it
would (exclusive of all other considerations) so far prevail upon
your humanity and good nature, as to think of some means of
gaining him and his distress 'd family speedy relief. Many of the
inhabitants have been with me upon this occasion to desire, that
if I could not grant letters of reprizal, I would connive only at
their doing themselves justice upon the Spaniards, yet, however
equitable I might think their request, I absolutely forbid them
attempting to redress themselves, untill they have H.M. permis-
sion so to do. . Signed, Rd. Fitzwilliam. [C.O. 23, 3. /. 154.]
Dec. 24. 223. Governor Mathew to Mr. Popple. Begins with duplicate
St. Christophers.of Dec. 8. Continues : I enclose to be laid before their Lord-
ships two Acts of Nevis, (i) for raiseing an impost on strong liquors
imported etc. ; and (ii) an Act to repeal an Act against importing
rum and melass also for raising an annual tax on vintners and
retailers etc. Continues : The first I passed on their Lordships'
allowance, as the duties are only laid on strong liquors of foreign
growth. The second law has the suspending clause, as directed
by the Instruction for laws that repeat any other laws, etc.
Continues : I pray as to our factors' objections that have obtaind
a restraint from our laying any dutys on liquors or manufactures
of Great Britain, to offer to their Lordships that in my humble
opinion, and that opinion grounded on a many years' knowledge
of the trade hither, that such laws when permitted to be made,
gave no room for any such complaint. The importer never paid
one p. cent, on such goods imported, that he was not well enough
prepared for to raise three, five or more on ym. under pretence
of this petty duty, and this in his sales to the consumer. And to
be sure these opponents never meant the consumer (that is the
planter) should pay dutys on their imports. That would be a
downright excise, if such laws transferred the duty from the
importer to the retailer. Signed, William Mathew. Endorsed,
Reed. 9th March, Read 30th Sept., 1736. 2J pp. [C.O. 152, 22.
ff. 81-82 v., and (duplicate) 87-88 v.]
Dec. 25. 224. Petty Expenses of the Board of Trade, Michaelmas to
Christmas, 1735. v. Journal. 1pp. [(7.0.388,80. ff. 147, 148,
149-150 v., 152.]
Dec. 25. 225. Naval Officer's List of Entries and Clearings, S. Poto-
mack, Virginia, Sept. 25 Dec. 25. [C.O. 5, 1445. /. L]
Dec. 27. 226. Governor Cunninghame to the Duke of Newcastle.
Jamaica. I have the honour to acquaint your Grace of my safe arrival
here on the 18th instant, and of my being received with the forms
and ceremonys usual on the like occasions. After publishing
H.M. Commission, and takeing and administering to the gentlemen
of the Council the oaths prescrib'd by H.M. Instructions and the
Acts of the Island ; I declar'd my self to them, as by the paper
148 COLONIAL PAPERS.
1735. [226]
herewith inclosed, in which, is a copy of their answer, with my
reply. By the death of Samuel Moore, Esqr., almost three years
since, the death of William Hayman, Esqr., some time in June
last, the death of John Ayscough, Esqr., the 29th of Septemr.
last, and the resignation of Edward Pennant, Esqr., on account
of his age and infirmitys on the first of last October, the Council
is reduced to eight, and some of them liveing at a great distance
from the seat of Government, will make it very difficult for me to
have a quorum, so soon, and so often, as H.M. service may
require. I have inform 'd my self the best I could for the short
time I have been here of the persons of the most influence and
best qualifications for that trust, and have had recommended to
me as such, William Nedham, Gersham Ely, Charles Price and
Mathew Concanen, Esqrs., the three first as Chief Magistrates and
Assemblymen, and Mr. Concanen as Attorney General, have long
served the country, and I beg leave to recommend them through
your Grace's favour and countenance to H.M., that they may be
appointed to these vacancys, and that as soon as may be, for the
reasons above mention 'd. It will not be possible for me to send
your Grace the exact state and condition of H.M. troops here by
this conveyance, as they are disposed of in distant and different
parts of the Island, but by the next I hope I shall be able to do't,
being resolved forthwith to view them my self in their several
quarters. All I can learn and acquaint your Grace with at this
time is, that the Companys are reduced, some to half, and others
to about a third of their compliment. Several of the officers are
dead, as your Grace will see by the inclosed list. Their vacancys
have been supplyd by warrants from the Presidents to the
gentlemen mention'd therein, and if I am justly inform'd, as
I have no reason to doubt but I am, their behaviour has been such
as recommends them to H.M. favour, and I beg leave to recom-
mend them to your Grace, that being commissioned by H.M.,
others may be encouraged on the like occasions to accept of
warrants, that H.M. service may not suffer for want of a sufficient
number of officers ; for I must observe of your Grace, that by the
death of the officers of the Company late under the command of
Capt. John Campbel, that Company was without any commis-
sioned officer here, for near five months, but what were order'd
from other companys to take the command thereof. The next
day after my arrival here, I desir'd the oppinion and advice of the
Council, whether they apprehended it would be most for the
service of the country to continue or dissolve the Assembly, they
were unanimous in their oppinion, that in regard the Assembly
had sat almost three years, and that there were several vacant
seats by the death of their members, they should be dissolv'd ;
which was accordingly done by proclamation on the 22nd instant,
and I have in pursuance of the same advice, order'd writts to issue
for calling a new one, to convene on the 24th February next.
From all the accounts I have hear'd, I cannot learn that in all the
attempts that have been made against the rebel slaves for these
two years past, above ten of them have been taken or destroy'd ;
and I find all the gentlemen of credit that I have spoke to here
AMERICA AND WEST INDIES. 141)
1735. [2L><>]
agree, that most of the rebel slaves that were settled in the
Windward or north-east parts of the Island, are moved to the
Leeward, that upon intelligence of their march, some partys were
order'd out, to oppose, disperse, or destroy them, and accordingly
mett with some bodys of them, but they fought and forced their
way on, and tho' they have been quiet for some time, it is supposed
and fear'd, they are settleing themselves in some strong fastnesses,
and, when that is done, will begin their ravages again, in such
parts of the Island, as may be of more mischievous consequence
than any they have hitherto attempted. Here has been no
considerable country partys fitted out or kept on foot at the
publick expence since martial law ceas'd, which was on the first
of August last, nor do I think fr,om the judgement I can form at
present, that it will ever be to much purpose to fitt out partys or
send out any strength against them till some barracks be erected
in the most convenient parts of the Island, and roads of com-
munication open'd, that upon any certain advice of their haunts
and settlements, a sufficient force may be always ready to be
detach'd from the said barracks without delay, well commanded
and supplyed with necessarys. A detachment of a serjeant,
corporal and eighteen private men from each of the Companys
commanded by Sir Alexander Gumming and Capt. Henry Robinson,
has for some time been in possession of one of the old negro settle-
ments near Port Antonio, call'd Nanny Town, but without any
surgeon or mate to take care of them, there being but one surgeon
and a mate to every two Companys, and the remaining part of
those two Companys were so sickly, that neither the surgeon or
mate could be spared to march with the detachment, I shall
endeavour to supply that want, and do what I can that the troops
may be easie and well taken care of, but must beg leave to
acquaint your Grace that as H.M. service will require the troops
to be employ 'd in the different parts of the Island, they may
labour under great distress and difficultys for want of more
surgeons or surgeon's mates, especially should these already
appointed, sicken or die. I thought it my duty to inform your
Grace of these particulars as they immediately concern H.M.
service, and shall not fail from time to time to advise your Grace
of everything that may be of consequence to that, and of service
to this Island, being perswaded it will be the best means to
recommend myself to H.M. favour, and your Grace's Countenance
etc. Signed, H. Cunninghame. Endorsed, R. 6th April. Enclosed,
226. i. Muster-roll of Officers of the 8 Independent Companies,
25th Dec., 1735. 1 p.
226. ii (a) Governor Cunningham's Speech to the Council,
Dec. 19, 1735. Abstract. Relies upon their advice etc.
His coming to Jamaica was delayed by his representa-
tions to H.M. on their behalf and endeavours to obtain
aid in their distress. His Instructions, which he will
soon, and from time to time, communicate to them,
will show them that he is charged with no commands but
what are for the public good. Assures them of freedom
of debate and his assistance in any schemes they may
150 COLONIAL PAPERS.
1735. [220 ii.]
propose for the advancing H.M. honour and the true
interests of their country, (b) Address of Council to
Governor Cunningham, in reply to preceding, 20th Dec.
Abstract. Have abundant reasons to acknowledge H.M.
care of the Island, and welcome H.E.'s arrival etc.
Hope by their unanimity not to disappoint his expecta-
tions etc. (c) Governor Cunningham's reply, thanking
them for their " obligeing address." Copy. 2^ pp.
[C.O. 137, 55. ff. 213-215 v., 216 v., 217, 219-220.]
Dec. 30. 227. Mr. Fane to the Council of Trade and Plantations.
Report upon Act of Pennsylvania, 1735, for the more effectual
vesting lands in George McCall etc. " which I apprehend is
intended to supply the want of a recovery, for the King's writts
issued here not running in this Province, a recovery cannot be
carried into execution : and it is the only method they have of
barring entails. I observe, the person who applied to the
legislature for this Act, has such an estate vested in him, as to
give him a right by our law, supposing the lands here, to barr
all the remainders, and that all parties interested have consented
thereto. And therefore I am humbly of opinion, it is very fit to
be passed into a law. Signed, Fran. Fane. Endorsed, Reed.
30th Dec., 1735, Read 15th Jan., 173f. 1 p. [C.O. 5, 1268.
ff . 181, 182 v.]
Dec. 31. 228. Mr. Fane to the Council of Trade and Plantations. Has
no objection to Act of Barbados, empowering the Treasurer to pay a
certain sum to the Lady Howe etc. Signed, Fran. Fane. Endorsed,
Reed. 1st, Read 15th Jan., 173f. f p. [C.O. 28, 24. ff. 146,
151 v.]
[1735.] 229. Abstract of letters to and from Jamaica, 6th June,
1734 22nd March, 1735. [? By Charles Delafaye.] 3^ pp. [C.O.
137, 55. ff. 161-162 v.]
(151)
JANUARY, 1736.
1736.
Jan. 8. 230. Council of Trade and Plantations to the Lords Commis-
Whitehall. sioners of the Treasury. Enclose accounts of incidental charges
of the Office, Michaelmas to Christmas, 1735, and request payment
of one quarter's salaries then due. v. Journal. [C.O. 389, 37.
pp. 367, 368.]
Jan. 9. 231 . Council of Trade and Plantations to the King. Recom-
Whitehall. mend Abell Dottin for the Council, Barbados, in the room of
Col. Wm. Terrill deed. [C.O. 29, 16. p. 44.]
Jan. 10. 232. Governor Mathew to Mr. Popple. Encloses Minutes of
St.Christophers. Council and Journal of Assembly, Montserrat, Sept Dec. 1735.
Signed, William Mathew. Endorsed, Reed. 9th March, Read
30th Sept., 1736. Holograph. 1 p. [C.O. 152, 22. ff. 84, 91 v.]
Jan. 13. 233. Governor Mathew to Mr. Popple. Encloses duplicate of
St. Christophers.Nov. 14th, with Minutes of Council of Antigua to July 1735 etc.
Signed, William Mathew. Endorsed, Reed. 9th March, Read
30th Sept., 1736. Holograph. 1 p. [C.O. 152, 22. ff. 85, 90 v.]
Jan. 14. 234. Governor Belcher to the Council of Trade and Planta-
Boston. tions. As the affair of the bounds betwixt this Province and
New Hampshire greatly affects the peace and welfare of H.M.
subjects in both Provinces, I think it my duty to pray your
Lordships would let me have the King's Orders afresh in this
matter, and if they were of the nature of my 80th Instruction for
the Massachusetts, with great deference I should think it the most
equal and quiet way of getting to an issue of this long dispute.
And this Province, who oppos'd such a method formerly, are now
very desirous to come into it ; and I would humbly observe to
your Lordships that I can see none so likely to settle the matter
to all intents and purposes, as what shall be done in consequence
of the voluntary consent and agreement of both Governments :
for should H.M. make out an order of ascertaining the bounds,
your Lordships are sensible the Law would still be open for the
people to be vexing and harrassing one another. I hope your
Lordships will give such dispatch to this matter, as that I may
have H.M. Orders hereupon by the first ship in the spring etc.
Signed, J. Belcher. Endorsed, Reed. 9th April, Read 16th Sept.,
1736. 3pp. [C.O. 5, 879. ff. 10, 10 v., 13, 13 v.]
Jan 15. 235. Governor Belcher to the Council of Trade and Planta-
Boston. tions. I did myself the honour of writing your Lordships the
8th of last month at large, and to which I now humbly crave your
reference. I heartily wish your Lordships may in the present
session of Parliament obtain an additional bounty on hemp from
152
COLONIAL PAPERS.
Jan. 15.
Boston.
1730. [235]
H.M. Plantations, because I think it would soon produce large
quantities of that commodity from the King's Provinces in
America, and thereby prevent a great exportation of gold and
silver, that goes into the Baltic for hemp, while the Plantations
would be paid for it in woollen manufactures of the Mother
Kingdom. The Assembly of this Province has now been sitting
near seven weeks, and your Lordships have herewith their Journal
from the last time I sent it, where (among other things) your
Lordships will find I have press' d upon them their incouraging the
making of pot -ash, to which I believe no country in the world is
better adapted. And as there is a gentleman lately arriv'd from
Great Britain, that pretends to have good understanding in this
affair, I have reason to believe the Assembly will (before they
rise) give some considerable incouragement towards the manu-
facturing of this commodity. And I hope your Lordships will
also recommend to the Parliament of Great Britain, the giving of
a good bounty on Plantation pot-ash. When this Assembly
rises, (which may be in 10 or 14 days) I shall write your Lordships
again at large on this and some other heads etc. Signed,
J. Belcher. Endorsed, Reed. 15th March, Read 16th Sept., 1736.
3pp. [C.O. 5, 879. ff. 11-12 v.]
236. Governor Belcher to the Duke of Newcastle. As nothing
has lately occurred here worth your Grace's notice, I have not had
the honour of addressing your Grace for some time etc. Encloses
Journal of House of Representatives for the present session etc.
Signed, J. Belcher. 2 pp. [C.O. 5, 899. ff. 207, 207 v.]
Jan. 22. 237. Council of Trade and Plantations to the King. Recom-
Whitehall. mend for confirmation Act of Barbados for paying a certain sum
to the Viscountess Howe etc. [C.O. 29, 16. p. 45.]
Jan. 22. 238. Samuel Jenner, Agent for the Switzers, to the Council of
Trade and Plantations. A great number of Protestant Switzers,
who have wherewith to pay their passages to settle themselves,
and families in the King's American Dominions are inclined to go
there with all convenient speed, if they can obtain the following
conditions and encouragements ; 1st. They humbly pray on
their arrival in America they may by an Act of Assembly be
naturaliz'd thereby to enjoy the rights and privileges of natural
born subjects of Great Brittain. 2. They desire to embark in
Holland, to be permitted and allow'd to take with them their
goods and effects with such necessaries as they stand in need off,
without being liable or subject to seizures or confiscations w r hen
landed. 3. As their designs and intentions are to plant vines,
raise silk, hemp, and flax, and make pot ash, they hope to be
placed in a climate and soil proper for such purposes, will be
content and satisfy'd with an upland part of North Carolina, the
inhabitants of that and adjacent Provinces allways preferring
and chusing to live in the lower parts for the conveniency of trade
and navigation. 4. The upper parts of North and South Carolina
remain uncultivated, uninhabited, and at present useless from
the great difficulties and charges attending tedious land carriage
AMERICA AND WEST INDIES. 153
173G. [238]
in places where no roads are yet made, the small rivers and brooks
that water those parts being not deep enough to permitt the least
boat to pass up and down ; notwithstanding this great disadvantage
and many more these industrious and undaunted Switzers will
endeavour by their labour and unwearied diligence to surmount
all difficulties provided your Lordships would be pleased to cause
a sufficient district of land to be laid out for them, and such as
come after from the Cantons, and adjoyning countries, in the
inland parts of North Carolina in such manner that they and their
posterity may live contiguous, and not to be dispers'd, scatter'd,
and separated by having people mixed with them who do not
understand their language. 5. They desire that all officers civil
and military that are to be appointed in the district they inhabit
may be of their own people, that they provide for the maintenance
and subsistence of their own clergy and poor only, without being
chargeable to the other inhabitants of North Carolina in those
respects or being burthend by them, on account of payments to
any clergy or poor beside their own. 6. They desire an exemption
from quit-rents, and all taxes and impositions raised and collected
in that Province during the space of ten years, and that after the
time mentioned the quit-rents do not exceed two shillings for one
hundred acres for ever. 7. That in laying out the lands allotted
them every gentleman may have one thousand acres for his
proportion, and every other man four hundred acres, and that
they may have the surveys measured by themselves, and patents
delivered for their land without the payment of rights or any
other fee. My Lords, on these conditions the said Switzers are
inclined to leave their own country altho' they live well at home,
and are not obliged by any wants or necessity to go into foreign
parts. My Lords, provided the Government will be pleasd
graciously to encourage this propos'd and intended settlement in
North Carolina, it is probable such proceedings would induce
considerable numbers of their countrymen and Germans to follow,
and inhabit the same province, which cannot but prove a great
advantage to this Kingdom. If your Lordships approve of the
propositions I do myself the honour to lay before you, I humbly
hope the business will be so forwarded that the adventurous
Helvetians may be shipped off next summer, which is most
respectfully recommended etc. Signed, Samuel Jenner. Endorsed,
Reed. Read 22nd Jan., 173|. 2% pp. Enclosed,
238. i. Copy of a deputation from several Switzers (Joachim
Laurent Haberling de Schenenberg, Lord of Heffenhoffen
and Moos, John Ulrick and Jacob Haberling, Lords of
Mauve etc., three brothers and free habitants of the
Province of Tergovie in Switzerland) to Samuel Jenner
for obtaining a tract of 300,000 acres for them in Carolina.
Heffenhoffen in Turgovie. 16th Oct., 1735. Endorsed as
preceding. 1 p. [C.O. 5, 294. ff. 238, 239-240 v., 241 v.]
[Jan. 22.] 239. Samuel Jenner to the Duke of Newcastle. Similar
petition to preceding. Signed, Samuel Jenner. WitJi>out date or
signature. 2f pp. [C.O. 5, 309. No. 12.]
COLONIAL PAPERS.
1730.
Jan. 23.
Whitehall.
Jan. 24.
Whitehall.
240. Council of Trade and Plantations to the Lords of the
Committee of the Privy Council. Report upon Act of Penn-
sylvania for the vesting of certain lands etc. Continue : We have
consulted Mr. Fane, one of H.M. Council, upon this Act, who hath
made no objection to it in point of law, nor have we any reason to
alledge against the confirmation of it, but we think ourselves
obliged to acquaint your Lordships, that to prevent all surprize
to the parties concerned in the case of private Acts, we thought
proper some time since to come to a resolution not to recommend
any private Acts to H.M. for his Royal confirmation, tiU the same
had lain by six months in our Office. Yet as we find by the
Charter of Pennsylvania, that their Acts do acquire a force within
six months after their being laid before H.M. Privy Council, if
they are not declared void within that time ; we must submit to
your Lordships, how long the present Act ought to lye by before
it be offered to H.M. for his Royal confirmation. [C.O. 5, 1294.
pp. 84, 85.]
241 . Order of Committee of Privy Council. Referring follow-
ing to the Council of Trade and Plantations for their report.
Signed, W. Sharpe. Endorsed, Reed. 4th, Read 6th Feb., 173f.
l pp. Enclosed,
241. i. Petition of Henry McCulloh of London, merchant, to
the King. Sheweth, that there are vast quantitys of
land in your Majesty's Colony of North Carolina
uncultivated and particularly on the branches of Cape
Fear River wherein few or no settlements have been
made till within these twelve years and them at present
very inconsiderable. That if the same were cultivated
and improved they might not only increase your
Majesty's Quit rents but be rendered greatly advan-
tageous to this Kingdom in the production of hemp,
pitch, tarr and other kinds of naval stores as also in
the making of pot ashes which has hitherto miscarried
for want of applying a proper expence in engaging
persons from foreign parts to go over there who are well
skilled in making that commodity, the importation
whereof from the Baltick to Great Britain is yearly
above two thousand three hundred tons which at
twenty-four pounds p. ton at first cost, duty and freight
excepted, amounts to fifty-five thousand two hundred
pounds besides which advantages the said lands are
well scituated for carrying on a furr trade with the
Indian nations in that neighbourhood. That your
petitioner is willing to settle two tracts out of the said
large quantitys of uncultivated lands if your Majesty
shall be pleased to grant the same to him, that is to say
one tract of seventy-two thousand acres scituated upon
the north-east branch of Cape Fear River from the
second high bluff upwards or thereabouts and leading
towards the point of Trent River on the East side and
on the west towards the head of the Black River. And
AMERICA AND WEST INDIES. 155
1730. [241 i.]
the other tract of sixty thousand acres scituated towards
the north-west at or near a place there commonly called
or known by the name of the Hawfields and lying
between the north-west branch of Cape Fear River and
the head of the Nells River ; your petitioner will under-
take to settle thereon three hundred Protestants in the
space of ten years and to increase that number from time
to time as he shall find encouragement from the place
and trade intended to be carryed on there whereby he
hopes in time to prove very beneficiall to Great Britain
and to considerably augment your Majesty's quit rents.
But that as an undertaking of this kind will be attended
with very great hazards and even the most fortunate of
them with great expences at their first outsett and
particularly to your petitioner who intends to contract
with persons from foreign parts from whence pott ashes
are now imported into this Kingdom to go over to the
said Colony to carry on the making of that commodity
there, and that as a great many servants and slaves will
be necessary more than the said three hundred persons
above engaged to be settled, and as both of the said
tracts of land are some hundred miles from the seat of
Government and will be a kind of barrier to the more
inner parts of the said Colony, your petitioner humbly
hopes that all reasonable encouragement may be given
to the undertaking and particularly an exemption from
quit rents for the space of ten years. Your petitioner
therefore most humbly prays that your Majesty would
be graciously pleased to direct the Surveyor of your
Majesty's lands in North Carolina or his deputy to
survey and lay out the said two tracts of land and your
Majesty's Governor there to pass a grant under the Seal
of the said Colony to your petitioner and his heirs of the
said lands so to be laid out with the aforesaid encourage-
ment subject to be void as to so much thereof as your
petitioner shall not settle according to the proposals
aforesaid. Signed, Henry McCulloh. Endorsed, Reed.
Read 6th Feb., 173j|. Copy. 2 pp. [C.O. 5, 294.
jfjf. 244-247 v.}
Jan. 27; 242. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Have prepared copies of papers mentioned in the
addresses of the House of Commons (v. 29th May, 1735), and wait
H.M. further commands. Autograph signatures. 1 p. Annexed,
242. i. List of copies of papers prepared in accordance with
Address of House of Commons (v. 29th May, 1735).
[C.O. 5, 5. /. 129 and 324, 12. pp. 128-220.]
Jan. 27. 243. Mr. Popple to Mr. Fane. Encloses, for his opinion in
Whitehall, point of law, eight Acts of S. Carolina, 1735, enumerated. [C.O. 5,
401. pp. 168-171.]
156 COLONIAL PAPERS.
Jan. 29. 244. Account of the charge of laying out land in North
Carolina and the bounds of the tract desired by Mr. Jenner and
the Swiss.
I. s. d.
Governour's fee for the rights of 400 acres . . 100
Secretary's fee for a warrant . . . . 50
Secretary's fee for a patent . . . . . . 10
Surveyor's fees for certificate and Entry . . 46
Surveyor's fee for surveying . . . . . . 1 13 4
3 12 10
Mr. Jenner, Agent for the Switzers that desire to settle in North
Carolina, desires that the lands lye ing between Catankne Creek,
and the north-east branch of Cape Fear River by the two lines
run between the head of that Creek, and the place where it falls
into New River, the nearest way to the north-east branch of Cape
Fear River, may be allotted to them, and erected into a new
precinct, when 500 Switzers are settled therein. The Govr.'s
fee is 2s. Gd. every fifty acres. The above-mention 'd fees except-
ing the Govr.'s fee are what is demanded upon the setting out
640 acres : and for every 640 acres, the same fees are repeated,
altho by Act of Assembly the Surveyors can demand but 2 sh.
p. hundred after the first 640. Endorsed, Reed, (from Capt.
Burrington), Read Jan. 29, 173f. 1 p. [C.O. 5, 294. ff. 242,
243 v.]
Jan. 31. 245. Governor Mathew to Mr. Popple. Duplicate of letter
St.Christophers.of Jan. 13, 173f. Torn. I p. [C.O. 152, 22. f. 86.]
Feb. 2. 246. Lt. Governor Broughton to the Council of Trade and
Charles Plantations. In reply to command of 17th June, encloses
following. Signed, Tho. Broughton. Endorsed, Reed. 19th
April, Read 21st Oct., 1736. If pp. Enclosed,
246. i. List of Acts of S. Carolina, in force 25 March, 1731, and
made since, laying duties on importation and exportation
of negroes, wines and other goods etc. Endorsed,
Reed. 19th April, 1736. 7 pp. [C.O. 5, 365. ff. 124,
124 v., 126-129, 130 v., 131 v.]
Feb. 3. 247. Wavell Smith to Mr. Popple. Encloses " three protests
St. James's of two gentlemen of the Council of Antigua against the proceedings
of Coll. Morris and the majority of the Council in their attempt of
reducing my fees " etc. Is preparing his complaint to lay before
H.M. of all " the monstrous irregularity in the proceedings of
Antigua, St. Christopher and Nevis " etc. Signed, Wavll.
Smith. Endorsed, Reed. 4th Feb., Read 25th Nov., 1736.
Addressed. Seal. 1 p. Enclosed,
247. i. Resolution of Assembly of St. Christophers, July 1st,
1735, proposing to pay the Secretary 118 etc. Copy.
Signed, James Losack, Clk. Assembly. 1 p.
AMERICA AND WEST INDIES.
157
1730.
Feb. 5.
St. James's.
Feb. 6.
St. James's.
Feb. 6.
Whitehall.
[Feb. 12.]
247. ii. Protests by George Thomas and George Lucas against
the proceedings of the Council of Antigua in reducing the
Secretary's fees, June 5, 1734. Entered in the Minutes
of Council, July 1st, 1735. Printed. 31 pp. [0.0.152,
22. ff. 227-228, 229-230 v., 231 v., 232 v.]
248. Order of King in Council. Appointing Abell Dottin
to the Council of Barbados, in the room of Col. Terrill deed.
Signed, W. Sharpe. Endorsed, Reed. 7th, Read 8th April, 1736.
1$ pp. [C.O. 28, 24. ff. 147, 147 v., 150 v. ; and 5, 21. ff. 41,
41 v.}
249. Order of King in Council. Confirming Act of the
Massachusetts Bay for the trial of capital offences etc. committed in
the island of Nantucket. Signed, W. Sharpe. Endorsed, Reed.
7th, Read 8th April, 1736. 1$ pp. [C.O. 5, 879. ff. 1, 1 v., 4 v.}
250. Council of Trade and Plantations to the King. Propose
confirmation of Acts of Virginia, (i) amending Act for settling
titles and bounds etc., and (ii) for the better support of the College
of William & Mary etc. [C.O. 5, 1366. pp. 135, 136.]
251 . Heads of what is proposed by Henry McCulloh in the
settlement of the two tracts of land petitioned for. (i) I intend to
settle a person I am now concern'd with in South Carolina, who is
a man of considerable fortune, upon the head of the north-east
branch of Cape Fear river. I am att the same time to send over a
considerable number of workmen to build small houses for such
people as I intend to send there from Europe to carry on the
pott ash trade and for the raising hemp and other naval stores
equal to the undertaking in my petition, the number I propose to
settle on this tract is one hundred and eighty substantial people,
(ii) Upon the tract on the head of the north-west river I intend
to fix the said gentleman's brother and also to send over to that
place proper workmen for the founding of a township and after
the houses are prepared for them to settle one hundred and
twenty like substantial people, and there intend to apply a
considerable sum of money for carrying on the furr trade as well
as raising hemp and other naval stores. It is to be remark 'd here
that tho' the number of people are not so many as might at first
be expected, yett that there must necessarily be a great addition of
servants and slaves for the carrying on of this undertaking and
that tho' I ingage for no more than three hundred, yett as the
settlement grows it will be my interest greatly to encrease that
number. North Carolina hitherto has been very inconsiderable
as to trade and tho' there is near 40,000 whites in that Colony,
which is one-third more then in the South, yett there produce is
not equal to one-tenth part and we have not had so much as one
ship from that Colony this last year, which plainly shews what
necessity there is to incourage those that are willing and capable
to introduce trade and commerce amongst them. It is to be
presumed from this state of the Colony it will appear that a settle-
ment carried on in the manner above hinted at, by trading people,
158 COLONIAL PAPERS.
1736. [251]
will answer all the ends proposed in giving such grants to the
undertaker ; For trade naturaly occasions an encrease of people,
and in such case the settlement becomes lasting. And at the
same time putts those that are already settled there on new
methods of industry, which will inrich the Colony and make it
usefull to its Mother Country. Endorsed, Reed., Read 12th Feb.,
173$. 1 p. [G.O. 5, 294. ff. 249, 250 v.]
[Feb. 12.] 252. Mr. Jenner to the Council of Trade and Plantations.
Mr. Jenner, Agent for the Switzers who propose to settle in North
Carolina, desires to have the lands hitherto ungranted, allotted
for them that are scituated between Roanoak River, and the
west branch of Cape Fear River above the Indian tradeing path
home to the Mountains ; in lieu of the lands on Neus River before
requested. Endorsed, Reed., Read 12th Feb., 173f. p.
[C.O. 5, 294. ff. 248, 248 v.]
Feb. 15. 253. Governor Mathew to Mr. Popple. Encloses Minutes of
St. Christophers.Council, Nevis, to Sept. 1736, and Treasurer's accounts, St.
Christopher, to Jan. 1736. Signed, William Mathew. Endorsed,
Reed. 12th April, Read 30th Sept., 1736. Holograph. 1 p.
Enclosed,
253. i. Treasurer's account of import duty, St. Christopher.
July, 1735 -Jan., 1736. Total. Receipts, 430 10s. 6d.
Signed, William Pym Burt, Treasr. 1 p.
263. ii. Treasurer's account of money, (106 Is. lOd.) received
from Wm. Buckley. 1 p.
253. iii. Treasurer's account of money (500) received from
Martin Blake. 1 p.
253. iv. Treasurer's account of licences for hawking and
pedling (60). 1 p.
253. v. Treasurer's account of money (519 3s. 4frf.) received
from Wm.. Buckley. 1 p.
253. vi. Treasurer's account of poll tax on negroes and 5 p. c.
on house-rents etc. Total, 5,320 14s. 4 pp.
253. vii. Treasurer's account of powder duty. Totals. Receipts,
246 13s. lid. Expenditure, 19 8s. 8d. 4pp.
253. viii. Treasurer's account of money appropriated for the
use of the fortifications. Totals. Receipts, 1,309 8s. 9fd.,
including balance brought forward, (677 3s. 6<1).
Expenditure, 1,044 6s. 4d. 2 pp.
253. ix. Treasurer's account of licence duty, July 1735 Jan.,
1736. Totals, Receipts, 85. Expenditure, 160 2s. Od.
Nos. ii-ix, Signed, William Pym Burt, Trear. Nos.
i-ix, Endorsed, Reed. 12th April, 1736. 1 p. [C.O. 152,
22. ff. 89, 89 v., 92, 93, 94, 95, 96, 97-99, 101 V.-104,
105, 106 v.~]
Feb. 24. 254. Mr. Popple to the Board of Works. The situation, cold
Whitehall, and stench of the necessary house belonging to this Office render-
ing it of little service, my Lords Commissioners etc. desire you will
AMERICA AND WEST INDIES.
159
1730. [254]
Feb. 25.
Feb. 26.
Appenzel.
Feb. 28.
Poston.
give directions for the makeing a water closet, there being a place
here in which it may be done with little expence. [C.O. 389, 37.
p. 369.]
255. Deposition of Samuel Wragg and Samuel Deane, of
London, Merchants. Wragg and others concerned with him in a
co-partnership for erecting of saw-mills, raising of pott-ashes and
carrying on several other improvements in S. Carolina, did
actually spend 1,500 sterl. in transporting about 30 artificers
from Holland by contract to serve two years etc. Before the
Indian war, 1715, the said artificers had actually built one saw-
mill to go by wind which frequently worked with 36 saws at a
time, and, had they not been taken away by the then Governour
to serve in the war, they wd. have erected two mills more. But
being foreigners and the time for which they contracted expiring,
most of them would not stay any longer, by which means they
have suffered great loss etc. Signed, S. Wragg, Saml. Deane.
Endorsed, Reed. 27th Feb., Read 4th March, 173f. 1 p. [C.O.
5,365. ff. 74, 75 v.]
256. Extract from a letter from the people of Appenzel in
Switzerland to Mr. Ochs. A great many families are dispos'd to
come and settle in America in H.M. Dominions, but they stay only
to have granted what hath been layd before yr. Ldsps. concern-
ing. 1. The naturalisation that they may be made free English
subjects, and enjoy all the priviledges of them, as natural born
subjects of Great Brittain. 2. As they are great lovers of their
own liberties, they humbly desire that they may have the same
priviledge as they enjoy in their own country, to serve all civil and
military offices according to the Constitution and laws establishd
in Great Brittain, to have their own ministers, which they shall
provide for. 3. That they may have the enjoyment of these
priviledges for them and their descendants for ever. 4. That the
land which is given them, may be their own property, to sell or
dispose of it as their own, and paying their quit rent, that is usual,
that they shal be free for ever without paying anything what so
ever besydes the usual quit rent, which things they humbly
desire to have it in writing fully expressd without limitation, and
seald, for their full satisfaction. Without which, they are not
dispos'd to undertake the voyage, in particular, all those that
have any substance to pay for their voyage and settle att their
own expence, and these are the people with which a good founda-
tion must be layd to support the others which come who have
nothing to settle themselves withall. Endorsed, Reed, (from Mr.
Ocks), Read March 16th, 173f. f p. [C.O. 5, 294. ff. 257,
257 v.]
257. Governor Belcher to the Council of Trade and Planta-
tions. My last to your Lordships was on the 15th of January,
two days after which I adjourn'd the Assembly here to the 17th
of next month, and now cover to your Lordships the remaining
part of their Journals to the time they sat, where your Lordships
160
COLONIAL PAPERS.
1736.
Feb. 28.
Boston.
Marc/i 1.
Boston,
New England.
March 2.
Whitehall.
[257]
will find they have given some incouragement to the manufactur-
ing of pot-ash in this Province, and if it can be brought to
perfection, it will be of considerable advantage in the commerce
betwixt Great Britain and this place. There is a bill now lying
at the House of Representatives, and which has past H.M.
Council, for the better preservation of the King's woods, and I
shall do all in my power, that it may come into a law, altho' I am
very doubtful about it. I hope H.M. bounty of hemp seed will
be here in good season this Spring, for incouraging the farmers to
go briskly on in raising that commodity etc. Signed, J. Belcher.
Endorsed, Reed. 21st May, Read 16th Sept., 1736. 2 pp. [C.O.
5, 879. 15, 15 v., 19 v.]
258. Same to the Duke of Newcastle. Duplicate of preceding,
mutatis mutandis. Signed, J. Belcher. Endorsed, R. 10th May.
3pp. [C.O. 5, 899. ff. 209-210 v.]
259. William Shirley to the Duke of Newcastle. Introduces
the Chief Sachem of the Mohegans, with memorial etc. v. March 7.
Signed, Wm. Shirley. Endorsed, R. April 30, (by the Chief
Sachem of the Mohegan Indians). Holograph. 3 pp. Enclosed,
259. i. Memorial of Mahomet, Chief Sachem of the Mohegans,
to the King. v. March 7. 2% pp. [C.O. 5, 899. ff. 211-
214.]
260. Council of Trade and Plantations to the Committee of
Privy Council. Report upon petition of Mr. McCulloh : Con-
clude : The conditions and restrictions which the Governor of
North Carolina is directed to insert in all grants of land which he
shall make in that Province, are to oblige the grantees to pay a
quit rent to H.M. of four shillings per annum Proclamation
money of that Province for every hundred acres and that the
said grants shall be void on failure of cultivation of the lands or
for non-payment of the quit rents reserved thereon. As to the
present case, considering that the tracts of land which the petitioner
proposes to settle are entirely uncultivated, and ly at a great
distance from the inhabited part of North Carolina, to which they
might hereafter become a useful frontier towards the Indian
country ; considering likewise that the proposed settlement would
be attended with a considerable expence to the undertakers, and
when brought to perfection would prove advantageous to the
trade of this Kingdom ; we had no objection against adviseing a
complyance with this petition except the condition comprized in
the prayer of it, whereby it is proposed that the grant should be
void as to so much of the land only as the petitioner should not
have settled within the space of ten years according to his
proposals. But Mr. McCulloh having attended and conferred
with us upon this head, and having consented to pay the estab-
lished Quit rents for all the land to be comprized in his grant,
after the term of ten years, whether the whole be then cultivated
or not ; we are humbly of opinion that H.M. should be advised
to direct his Governor of North Carolina to order a survey to be
AMERICA AND WEST INDIES.
161
1 736. [260]
March 4.
St. James's.
March 4.
St. James's.
March 4.
St. James's.
made by the proper Officer of the lands described in this petition,
and to pass a grant thereof to the petitioner, his heirs and assigns
under the great Seal of the Province, with an exemption from
quit rents for the space of ten years, under a provisoe that the
whole shall revert to the Crown or be subject to the established
quit rent of the Province at the expiration of that term ; and with
a saving clause as to the right of such persons as may have a
lawful claim to any of the said lands by virtue of grants made and
authenticated to them before the passing of the grant in question.
[C.O. 5, 323. ff. 113-115.]
261 . Order of King in Council. Confirming Act of Barbados
empowering the Treasurer to pay a certain sum to the Lady Howe etc.
Signed, Ja. Vernon. Endorsed, Reed. 7th, Read 8th April, 1736.
l$pp. [C.O. 28, 24. ff. 148, 148 v., 149 v.]
262. Order of King in Council. Repealing Acts of S.
Carolina (i) to prevent any delay of justice by not drawing juries etc.,
and (ii) for the better regulating the Courts of Justice etc. Signed,
Ja. Vernon. Endorsed, Reed. 7th, Read 8th April, 1736. 1 pp.
[C.O. 5, 365. ff. 76, 76 v., 79 v.]
263. Order of King in Council. Confirming two Acts of
Virginia, (i) Amending Act for settling titles and bounds of lands,
and for preventing unlawfull shooting and ranging thereupon ;
and (ii) for the better support and encouragement of the College of
William and Mary. Signed, Ja. Vernon. Endorsed, Reed. 7th,
Read 8th April, 1736. 1$ pp. [C.O. 5, 1324. ff. 1, 1 v., 4 v.]
March 8.
New
Providence.
264. Governor Fitzwilliam to the Council of Trade and
Plantations. Encloses duplicates of letter and enclosures Dec.
22nd last, and Journals of the Council and accounts to Christmas,
" which, tho' small in bulk, contain all the transactions of this
Government during that time worthy the least notice, everything
continuing in the same quiet and easy situation " etc. Continues :
The barracks in the fort are, notwithstanding the repairs I have
continually given them, ever since I have been here, become so
very leaky and every way decayed, that there is scarcely any
place in them, where a poor soldier can be defended from the least
bad weather, the consequence whereof, I apprehend, will be, that
I shall loose two-thirds of my company this approaching, rainy,
sickly season, which I know not how to avoid, because I have no
other shelter for them, nor revenue here wherewith to make any ;
I had indeed some thoughts of rebuilding the barracks myself,
which now are past being repair 'd, according to a plan the
Engineer, that was here, gave me, and so to depend upon the
justice of the Ministry to reimburse me, but,, upon further considera-
tion, I judged proper to wait your lordsps.' sentiments as to this
particular, which I beseech your Lordships to let me have as soon
as possible. I am very well apprized how difficult it is to get
any money from the Government for contingencies of this nature,
U-U),
162 COLONIAL PAPERS.
1730. [264]
without having first obtain'd a proper order for such a disburse-
ment, but besides the particular hardship which will ly upon me
by the intolerable expence I must be at in recruiting again,
whereby I shall rather be a looser than a gainer by my company,
so was my case after the late dreadful sickness, whereof I formerly
acquainted you, 'tis inhumane to see so many poor miserable men
lost without endeavouring to relieve them. If your Lordships
be come to any resolution concerning the repairs of this little
garrison, and the other w r orks proposed to be erected here, and
that there is any probability that any of them will be begun in
the beginning of the next winter, this of the Guard House may be
first compleated, but if not I hope your Lordships will use your
endeavours to prevent the Company's being exposed to the like
misfortune a second rainy season. Signed, R. Fitzwilliam.
Endorsed, Reed. 13th July, Read 27th Oct., 1736. 1J pp.
Enclosed,
264. i. Same to Sir William Yonge, Secretary at War. March
20, 1735. When I had the honour to write to you the
25th day of February last, a copy of which is here
inclosed, I little imagin'd there was, at that juncture, a
combination on foot among the soldiers of the garrison
to seize the same and my own person, in order to a
general desertion, tho' I confess I have long been appre-
hensive that the miserable state of this Company, (which
I have been continually representing since I first had
the command of them) and the absence of my officers
would one time or other be fatal to me and the Island,
as indeed had like to have been the case on Wednesday
night, last, when, about eight o'clock, as a Corporal was
calling over the roll, one George Collins (who, it seems,
had been a deserter from Clare's Regiment in France
and afterwards from Coll. Cornwallis's) knock'd him
down, and thereupon a great number of his accomplices
started up and knock'd down severall of the men,
calling out, Who is for Old England ? and in five
minutes got full possession of the Fort and the few small
arms that were, there. During this scuffle a Centinel,
that was posted upon one of the bastions, jump'd over
the wall, came up to my house, and acquainted me
thereof ; whereupon I forthwith took my sword in my
hand, and, with two or three soldiers, that usually do
duty at my house in the night, made the best speed
I could to the Fort, imagining it was only a drunken
affair, which I should soon be able to set to rights ; but
as I came near the gate, which I thought I saw open,
I call'd to one of my Serjeants, that was about a step or
two before me, to secure it ; upon which six or seven
muskets were fired at me, and I no sooner ordered the
men I brought from my house, to fire at a crowd I saw
on one of the bastions, than they and others that were
on that opposite fired a volley upon me, shot the
sergeant thro' the arm and near twenty places thro'
AMERICA AND WEST INDIES. 163
1736. [264 i.]
his cloaths, and shot down one of the poor soldiers that
was almost close by my side, yet I stil conceived that
this mutiny was unpremeditated and only the effects of
too much rum, which I was told had been carried into the
garrison that day, therefore I hurried away some people,
who in a few minutes had got about me, for ladders to
endeavour to get over the walls, but I soon found that
attempt vain (for they were regularly upon their guard,
and began to fire all round the Fort at every mortal that
offered to come near them) and that I had no recourse
but to the inhabitants, of whom I assembled as many as
I could, but among them all there was not one pound of
powder or ball, nor more than twenty-five small arms
and of those not above fifteen fit for service. This, Sr.,
you will believe made my case, as well as that of the
whole Island, desperate ; for by this time a strong party
of the mutineers came out of the Fort in quest of me, and
Mr. William Stewart (whom you'l see mentioned in the
inclosed copy of a letter of the 5th of August, 1734, to
Sr. William Strickland) and to secure a sloop or two
that lay at anchor in the harbour, at which they had
fired many great shot from the Fort, to oblige them to
come nearer to them, and at my house, believing I had
assembled a guard there to secure my own private
effects, but I was then got about a mile to the Eastwards
of the Fort, with the inhabitants before mentioned, out
of whom I detach'd a few under the command of
Mr. Stewart to go and endeavour to defend an old house,
wherein all the powder is lodg'd, that lies exposed to be
destroyed by a few men at any time, which I have also
long since represented, and it very fortunately happened
that a party of the mutineers were repulsed, who were
detach'd from the garrison to blow up the powder, and
that a small vessel commanded by one Charles Walker
lay out of gun-shot of the Fort, on board of which, there
being some small arms, I put powder and ball, and upon
receiving notice that the design of the mutineers was
to go on board one of the sloops they had got possession
of, in order to depart, I put thirty-six of the said
inhabitants on board this vessel of Walker's under his
command with directions to him to be ready to sail upon
the first notice from me, and then came down into the
town with no more than four small arms along with me,
and sent away a few people to observe the motions of
the mutineers, who had then broke open the Stores,
wherein were the provisions I had laid in for the Company
for the ensuing year, of which they destroyed a great
deal after they had taken what they thought would be
necessary for their own purpose, and, having done me
other considerable damages, they nail'd up the great
guns which defended the entrance into the harbour, and
forty- two of them went on board the sloop and got under
1G4 COLONIAL PAPERS.
1730. [264 i.j
sail, and I believe as many more (tho' no way accomplices
in the first design) would have gone, having, in their
apprehensions, so fair an opportunity, had there been
room for them in that vessel, or had not the other sloop
that was in the harbour been disabled by getting her
sails on shore and cutting her rigging : Whereupon
I ordered the said Walker to weigh his anchor and
pursue them, which he accordingly did, and kept sight
of them the remainder of the night and came up with
them about sunrise, which was a thing so unexpected
by them, as having never imagin'd that a vessel could
be so suddenly equipped to follow them, and the afore-
said Collins, whom they had appointed their com-
mander-in-chief, having lost all power over them, they
were taken without firing one shot on their side, or any
other damage done them than that one of them had his
ear shot off, and they were brought back late in the
evening and yesterday morning I call'd a Court of
Admiralty for trying of pirates (the Act for punishing
Mutiny and Desertion being of no force here) and tryed
them as such, for taking away the sloop and robbing
another in the harbour, and they were all convicted and
sentence passed upon them accordingly, and twelve of
them with their pilot, whom they took out of the
public gaol (where he had been some days for felony,
and endeavouring to carry off some soldiers) were
immediately led to execution (vizt.) six who I was then
informed, had been deserters from the Duke of Berwick's
Regimt. at Philipsburgh, and who proposed to leave
one half of the mutineers to defend this Fort whilst
the rest went to the Havana to offer it to the Spaniards,
one, who with some others, formerly attempted the life
of my predecessor, Mr. Rogers, and were detected just
as they were going to execute their intention, and the
rest formerly deserters from English regiments, remark-
able principals in this insurrection, and the several
desertions that have been attempted both in my time,
and that of my predecessors, and who were very
inclinable to the aforesaid proposal of delivering up the
Fort to the Spaniards. Tho' this example, I have made,
is very severe, and tis probable may make the Company
quiet for some little time, yet 'tis impossible to keep
them long so, or faithful to their trust whilst they
remain in the miserable situation they have hitherto
been, without provisions sufficient to support life,
barracks to cover them from the inclemency of the
weather, fire, candle, and other necessarys therein,
usually allow'd to other troops in H.M. Service, or
proper medecines to administer to them in time of
sickness, yet I cannot but greatly attribute this mis-
fortune, that has befallen me and this Garrison, to the
absence of my officers ; for, as I had the honour to tell
AMERICA AND WEST INDIES. 105
173(>. [204 i.]
you in my last, and cannot help repeating again, my
eldest Lieutenant (tho' a good officer) is at this time
bed-rid, and only waits an opportunity to return to the
Continent for the recovery of his health, which must
necessarily take a considerable time to establish. My
next Lieutenant, Mr. Marshall, has stayed in England
ever since his appointment to my Company, against
my express commands to the contrary, and no officer is
as yet arrived here in the room of Mr. Hurst, tho' the
account of his death has been in your office upwards of a
twelve month before your appointment, and tho' you
will please to observe, by the said inclosed to your
predecessor, how earnestly I recommended Mr. Stewart
to be appointed to that vacancy, and, for reasons
which I cannot but think greatly entitle him to H.M.
Royal favour, for he has not only done more duty, as a
subaltern officer, within these seven or eight years he
has been upon the Island, than all those that have been
appointed in that time to the Company, but has also the
merit of having quelled two or three mutinies before
my arrival, and prevented two or three large desertions
in that time, to which I may add his going to the
Havana, by order of the late Governor, Mr. Rogers, in
the time of the rupture with the Spaniards, and bringing
him over an exact plan of that Garrison, and his extra-
ordinary service, resolution and discretion in this last
unhappy insurrection, all which, I cannot but hope, will
induce you to recommend him to H.M. to be appointed
an additional Lieutenant to this Company, which, as I
observed to you in my last, is not a greater number of
officers than the Company at Carolina has, and is
absolutely necessary for H.M. Service here ; for even
tho' my present three Lieutenants were upon the spot
and well, you cannot but think it too severe a duty to
mount a guard every third night thro' the year. As to
my own part, I entirely submit to you how far I ought
to be reimburs'd the losses I have sustaind by this
accident and other casualties, in respect to the provisions
I have lost by their being decayed before they could be
expended, and in their passage hither ; to which a large
expence will now accrue by my hiring a sloop to carry
Mr. Stewart forthwith to South Carolina to forward
this home to you, and to endeavour to purchase an
hundred small arms for present use, as well for the
Garrison as the inhabitants, most of the few that were
in the fort, fit for any kind of service, being now broke
and otherwise rendered useless by this late accident,
and no armourer in the country to put them in any
repair, which will in a little time, be the case of any
sett of arms you can send me, unless you send a good
armourer or two along with them. When I first made
a proposal to Sr. W. Strickland concerning the victualling
166 COLONIAL PAPERS.
173(>. [264 i.]
this little garrison, I judged that the provision made for
the Regiment at Nova Scotia would be a proper pre-
cedent to go by, in respect to this Company, but having,
since my arrival here, observed the very great scarcity
and dearth of all provisions, and being informed that,
that Regiment could not subsist upon the footing they
are, were it not for the plenty they have of fish thro' the
year, I submit whether putting this Company upon the
same footing as to provisions with H.M. troops at
Gibraltar would not be for his Royal Service ; but as I
formerly observed, if Mr. Lascelles, or whoever has the
contract, doth not warrant his provisions to hold good
for six months and engage to supply us with new twice
a year, we may, in this remote by-place, happen to be
reduced to great streights by the decay thereof, to which
they are more lyable here than any place I know ; but
if the Contractor (which I cannot but hope will be
Mr. Lascelles, because he really can perform it best)
will not submit to these terms, I humbly propose that
each man of the Company be allowed a pound of bisket
a day, which I can contract for at New York or Phila-
delphia to be delivered here twice a year at twelve or
thirteen shillings sterling p. hundred, to which if you
please to cause a little stock fish and oyl, for two or
three days in the week, to be sent them by way of
South Carolina twice a year from London, their pay will
supply meat, a little drink and other necessarys for the
rest of the week. Before I conclude, I beg leave
earnestly to entreat you to dispatch this affair of the
victualling etc., and to have regard to my proposal
concerning Mr. Stewart, who, I will venture to say,
merits a lieutenancy as well as any man I have ever
known, and also to represent to you that there is an
absolute necessity for a Surgeon's Mate to the Company ;
for besides the accidents that may befall the Surgeon
by sickness or death (by which we may be left destitute
of any help 'til we can have one from home, there being
no person here capable of that service) their number is
too large for one man to take proper care of in this very
sickly country. The Governors of the Havana having
frequently refus'd to deliver up such of our soldiers as
take sanctuary there, has been and yet remains a
great encouragement to their desertions : One Peter
Owen belonging to this Company, who, before my
arrival, carried four or five other soldiers with him, is
at this time there, him in particular I sent for, and
tho' he appears publickly in the streets the Governor
refused to let me have him, but if an order could be
obtain'd from the Court of Spain to deliver him or
such others as should take refuge there hereafter, to me
it would be a means to prevent so frequent desertions
for the future etc. Signed, Rd. Fitzwilliam. Endorsed,
Reed. 13th July, 1736. Copy. 5pp.
AMERICA AND WEST INDIES. 107
1730.
204. ii. tiame to Same. Feb. 25, 1735. Abstract. Congratu-
lates him on his appointment to the War Office. Refers
to his former representation as to the bad condition of
the garrison for want of provisions, for which their small
pay is not sufficient in so dear a country, of medicines
and small arms, not having 20 muskets that can be
discharged with safety, or any match or cartridge paper
left, " which representation my Agent Mr. [Henry]
Popple, writes me he has renewed to you," and that he
has also acquainted you as well of the prodigious
fatigue whereto I am exposed, as of the ill consequence
to the service occasioned by the absence of my officers
etc., so that I am under continual apprehension of a
mutiny etc. Requests that the number of Commissioned
Officers may be increased to that of the Independent
Company at S. Carolina, as Sir W. Strickland gave him
reason to hope etc. The barracks are so rotten that in
rainy weather scarce 20 men can find shelter therein.
It is absolutely necessary that they should be rebuilt,
at a cost of 400 sterl. He has been a great sufferer
by the frequent recruiting to make good the mortality
of his Company occasioned by the want of necessaries
provided for H.M. other troops abroad, and being
obliged to bring in provisions for them at his own risk.
Expects to lose two-thirds of his Company in the coming
rainy, sickly season for want of proper barracks. The
expense of candle and fire to dress the men's provisions
must also have been very grievous to them, had he not
hitherto borne it himself. Has also lost by provisions
decaying and other through a ship from Ireland being
cast away. If their grievances are not speedily redressed,
the poor soldiers had much better be condemned as
galley slaves, for nothing but hunger, sickness and
despair continually stare them in the face etc. Signed,
R. Fitzwilliam. Copy. 2| pp.
264. iii. Same to Sir William Strickland, Secretary at War.
New Providence. Aug. 5, 1734. Describes losses in his
Company, 21 men, owing to lack of common sustenance
and medicines, and also inconvenience caused by
absentee officers etc. as above. Signed. R. Fitzwilliam.
Copy. \\ pp. Nos. i-iii. Endorsed, Reed. July 13th,
1736.
264. iv. Account of H.M. revenue, Bahama Islands, Dec. 25,
1734 June 24, 1735. Totals. Receipts (including
balance 19 8s. Qd.), 283 13s. 5|d. Expenditure,
207 19s. 9d. Signed and sworn to, W'illm. Stewart,
Receivr. Genl. and Treasr. ; and R. Fitzwilliam. 1 p.
264. v. Account of import duties, Christmas, 1734 June 24,
1735. Total, 78 14s. 1| pp.
264. vi. Account of export duties, June 24 Dec. 25, 1735.
Total, 92 4s. U. 1| pp.
108 COLONIAL PAPERS.
204. vii. Account of taxes per poll and on lots of lands,
Christmas, 1734 June 24, 1735. Total, 75 18s. 3d.
2^ pp.
264. viii. Account of fines and forfeitures, Christmas 1734
June 24, 1735. Total, 6 6s. J p.
264. ix. Account of contingent charges Christmas 1734
June 24, 1735. Total, 97 16*. 9d. Nos. iv-ix endorsed
Reed. 13th July, 1736. p.
264. x. Account of H.M. revenue, 24th June 25th Dec., 1735.
Totals. Receipts (including 75 13s. 8%d. brought
forward), 308 18s. 0|d. Expenditure, 241 19s. Wd.
Signed as No. iv.
264. xi. Account of import duties, June 24 Dec. 25, 1735.
Total, 68 15s. 6d. 1 p.
264. xii. Account of export duties, June 24 Dec. 25, 1735.
Total, 78 5s. Qd. 1 p.
264. xiii. Account of fines and forfeitures, June 24 Dec. 25,
1735. Total, 86 3s. 4d. J p.
264. xiv. Account of contingent charges, June 24 Dec. 25,
1735. Total, 127 13s. Qd. % p. Nos. x-xiv endorsed
as No. ix. [(7.0. 23, 3. ff. 167, 167 v., 168 v., 170-172,
173-174, 175, 175 v., 176 v., 177, 178-181 v., 182 v., 183 v.,
184-185, 186 v.]
March 9. 265. Governor Mathew to Mr. P'opple. Begins with duplicate
St.Christophers. f isth Feb. Encloses Minutes of Council of Nevis to Dec. 25,
and Acts of Montserrat, (i) for raising a poll tax and for assessing
the houses in the town of Plymouth, (ii) for constituting a Court
Merchant. Concludes : The first of these is in the usual form
and the second is taken without any material difference from
the Court Merchant Act of Antigua. Signed, William Mathew.
Endorsed, Reed. 10th June, Read 30th Sept., 1736. Holograph.
l^pp. [C.O. 152, 22. ff. 107, 107 v., 110 v.]
March 10. 266. Proclamation in Council by George Clarke, President
Fort George o f the Council of New York. Seven other Councillors present.
in New York. Whereas H E William Cosby etc. did on the day of the date
hereof, depart this life ; and whereas he did on the 24th day of
November last past suspend Rip van Dam, Esq., from the place
of office of Councillor etc., whereby the administration of the
Government hath devolved on me, etc. CJiarges all officers, civil
and military, to continue in the exercise of their duties and
offices etc. Printed by, William Bradford. 1 p. [C.O. 5, 1093.
/. 338.]
March 11. 267. Protestation of Rip Van Dam, Esq. Abstract. Being
informed by common fame that Governor Cosby departed this
life some time yesterday in the afternoon or evening, Rip Van
Dam in the presence of Robert Livingston, junr., who married
one of his grand-daughters, and of his brother Peter Van Brugh
Livingston and of Matthew Van Alstyn who married another of
his grand-daughters, went to Fort George. Finding the gates
AMERICA AND WEST INDIES. 109
1730. [267]
shut against him, he desired to speak with Mrs. Cosby. John
Felton, preceptor to the son of his Excellency, and said to be
officer of the Guard, made answer that she was not to be spoke
with, it being an improper time. Rip Van Dam desired him to
inform her that he wished to speak with her. He returned
saying she was indisposed etc. Rip Van Dam then delivered to
John Felton, thro' the hole of the wicket of the Fort Gate, a
writing which he desired him to deliver to her, quoted. The
writing stated that the administration had devolved upon him
as eldest Councillor, on the death of Governor Montgomerie, and
he therefore requested a sight of the Commission and Instructions
of the late Governor, and that if they were conformable to those
of Governor Montgomerie in this respect, that she should deliver
them to him with the seal of the Province etc. He also desired to
speak with George Clarke, who came to him without the gate.
Rip Van Dam delivered to him a writing, to which he desired his
answer in writing, who answered that he had no time then, but
would answer at another time. The writing was to the same
effect as that above, except that it stated that, having learned
that the Commission, Instructions and Seal had been handed to
Clarke, he requested him to deliver them to him etc. Afterwards,
on the same day, he received a letter from John Felton, written
on behalf of Mrs. Cosby and informing him that she had ordered
the Commission, Instructions and Great Seal to be laid before the
Council immediately after her husband's death. On the same
day Frederick Morris, Clerk to George Clarke, delivered a letter
from the latter, dated March llth, 6 a clock in the evening to
Rip Van Dam at his house, saying in answer to the letter " just
delivered to me by yourself" that, "Governor Cosby having
suspended you, a copy of which suspension you were served with
in November last, and I having been yesterday regularly sworn by
H.M. Council into the administration of the Government, I
conceive the custody of H.M. Commission and Instructions, and
the Great Seal etc. belongs to me, and I shall keep them till H.M.
pleasure be known etc" Whereupon Rip Van Dam requested
Robert and Peter Livingston and Matthew Van Alstyn to carry
the last letter aforesaid to George Clarke, and to enquire if it was
signed by him. They returned and informed him that he
acknowledged it ; whereupon Van Dam doth protest that the
reasons assigned by the said letter are no ways sufficient for Clarke
to have taken upon him the administration etc., and that all
Councillors and persons aiding and abetting him are liable to
H.M., to such punishments, fines and forfeitures etc. as the law
may inflict, and to the inhabitants of the Province for all damages
they may suffer etc., and to Van Dam for all salaries, emoluments
etc. George Clarke shall receive, for the following reasons,
(i) because at the time of the making and entering the pretended
suspension in the Minutes of Council, his late Excellency was
delirious and non compos mentis ; (ii) If he had then been in his
senses, yet he did not make the same suspension nor order it to
be entred in the Minutes aforesaid ; (iii) Governor Cosby had no
power or authority whatsoever to displace any Councellor from
170 COLONIAL PAPERS.
1730. [267]
being a Councellor, and therefore notwithstanding the pretended
suspension had it been well made, Van Dam remained a Councellor
tho debarred from acting as such, and he presumes by H.M.
Instructions, the eldest Councellor, and therefore entitled to the
administration ; (iv) Had the suspension been well made, yet
by the death of H.E., it became altogether void and of no effect
in law ; (v) for that if the said suspension could have survived
H.E., yet forasmuch as no reason doth appear for the said
suspension, nor any person appears in being to prosecute it, the
same is null and void in law ; (vi) For that neither all nor any of
H.M. Council had any power to swear Clarke or any other person
than the eldest Councellor into the administration, which neither
Clarke nor any other than Rip Van Dam was or is etc. Subscribed,
267. i. Affidavits sworn by Robert Livingston, Peter Van
Brugh Livingston and Matthew Van Alstyn, March
11, 173f. Confirm above account of transactions done
in their presence. The whole, 2 closely written pp.
Of. March 16th and N.Y. Col. Doc. V, pp. 44, 45. [C.O.
5, 1093. jjjf. 339, 339 v.]
March 11. 268. Captain Burrington to the Council of Trade and
Plantations. Haveing done myself the honour, frequently to
attend your Board, with Mr. Jenner, Agent for the Switzers, who
propose to settle in North Carolina I beg leave to make a few
observations, on the answer return'd by Mr. Popple to the said
Agent's petition. I am humbly of opinion that your Lordships
recommending and adviseing the Government of N. Carolina to
pass an Act, in the Assembly of that Province, for naturalizeing
the Switzers and other foreign Protestants, who go there to live,
will be sufficient. As it cannot be imagined, that the Switzers
will be possessed of any goods to vend in America, except a little
coarse linnen manufactured by themselves, the Custom House
officers at Cowes may be directed to give the vessels that carry
them all possible dispatch. I believe there is no place in H.M.
American Dominions, where these people could be placed so much
for the King's benefit, as on the very land petitioned for, the same
being remote from the sea, or any navigable water ; on the
uppermost part of N. Carolina, adjoining on Virginia and South
Carolina ; by this scituation, the inhabitants of three provinces
may advantage themselves, by learning from the Swiss, to raise
hemp and flax ; make silk and potash ; plant vineyards, and in
time produce good wine. The Switzers that went into South
Carolina, think they were imposed upon, and ill used, many of
them are dead ; those yet alive, are very much dissatisfyed with
their condition ; and have, or do design, to quit that Province,
as I have been lately inform'd. Nova Scotia is a country improper
for Switzers to live in, being neither seamen nor fishermen ; there
hunger and cold would soon destroy them, the winters being very
severe, eight months in a year. I cannot help thinking the
Switzers in the wrong, in demanding or desireing to have lands
appropriated to their use, exclusive of the English, but as it is a
possitive instruction from the Principals in the Cantons, hope your
AMERICA AND WEST INDIES. 171
1730. [208]
Lordships will discover an expedient to their satisfaction. The
answers to the 5th and Oth articles, are so full and excellently
expressed, that nothing need be added. I am certain it would be
an advantage to the Crown, and prejudice no man, if every
Switzer that went into North Carolina, would take up a thousand
acres, provided he was able to pay the quitrents. That Province
is computed to contain thirty millions of acres, of which att most
there are not about three millions taken up ; the sooner the
remainder is taken, the faster the rents will increase, and promote
trade, and cause a greater consumption of the British commoditys
in that Province. When all the lands in North Carolina are
pattented, the Crown will have a vast extent of countrey to people,
from the borders of that Province to Mississippi River, in the
which there are an infinite quantity of very rich and healthy
places. I think Mr. Jenner has been very modest in desireing
but one thousand acres for each gentleman : by that appellation
officers civil or military, and such as have fortunes to maintain
themselves without working, or exerciseing trade, are generally
called and distinguished. The King's Surveyor General in N.
Carolina doth not make the surveys of land himself, he keeps one
or more Deputys in each precinct, to do that work, for which he
gives them a part of his fees. There can be no objection reason-
ably made against a Switzer's acting as Deputy Surveyor. Patents
are signed and pass the Seal, before they are recorded in the
Secretary's office. The fees for takeing up four hundred acres of
land come to near four pounds, which the officers may well remit
on this extraordinary occasion, because their perquisites, will be
much augmented, by the comeing of a number of Switzers.
There is no likelihood that any other people would live on the
land the Swiss desire to possess, in a long time. It must prove
very difficult for the Switzers to raise mony sufficient for the
intended voyage to America ; from their own present habitations,
they must travel to the city Basil by land, from thence down the
Rhine to Rotterdam, which the passage boats are more than a
month performing, the passengers lyeing on shoar every night,
five pounds each person is the least they can be carried for into
America, on ship provisions ; if they take any strong liquors or
fresh meat with them, they must pay for them ; besides, when they
arrive in Virginia or N. Carolina they must travel att least one
hundred and twenty miles on land ; by this your Lordships may
perceive what fatigues, or charges these Switzers will sustain
before they enter the Desired Land ; when they get there, it will
be three years before they can produce anything to sell. The
King's service has been the only motive, that induced me to
concern myself in this affair, therefore hope your Lordships will
excuse the liberty I have taken in presenting my sentiments to
the Lords of Trade, on this uncommon and important affair.
Signed, Geo. Burrington. Endorsed, Reed, llth, Read 12th
March, 173f. 5pp. [C.O. 5, 294. ff. 251-253, 254 v.]
[March 11.] 269. Lord Baltimore to the Council of Trade and Plantations.
In response to their Lordships' request, has sent directions to the
172
COLONIAL PAPERS.
1730. [269]
Governor of Maryland, to procure a complete set of the laws,
" being all ways proud of obeying your commands." Signed,
Baltimore. Endorsed, Reed., Read llth March, 173|. Holograph.
1 p. [C.O. 5, 1268. ff. 184, 191 v.]
[March 12.] 270. Memorial from Mr. Jenner and Mr. Ocks in answer to
the observations on Mr. Jenner's proposals for settling 6,000
Switzers in N. Carolina. With notes on points agreed to by them
at the Board, (v. Journal of Council of Trade, 12th March, 1736.)
Signed, Samuel Jenner, John Ochs. Endorsed, Reed., Read 12th
March, 173f. 2$ large pp. [(7.0.5,294. ff. 255-256 v.]
March 16.
Whitehall.
271 . Mr. Popple to Governor Gabriel Johnson. I inclose to
you by order of my Lords Commissioners for Trade and Planta-
tions the copy of certain proposals made to their Lordships in
behalf of a great number of Swiss, who are desirous at their own
expence to transport themselves to the Province under your
Government in order to make a settlement there on the particular
tract of land of which I likewise send you a draught. You will
please to observe the terms, upon which they propose to make this
settlement, and the consequences that may attend each of them,
but more particularly that wherein they propose being settled by
themselves, in so remote a part of the Province : And when you
shall have consider'd each of the said proposals, my Lords Commis-
sioners desire to receive from you as soon as may be, your observa-
tions at large upon every article thereof. In case this proposal
should meet with the desired effect we hope you will use your
endeavours to dispose the Province by recommending it to the
Assembly, to receive them in the most friendly manner, and to
ease them as much as may be of the expence of laying out their
land. [C.O. 5, 323. ff. 115 v., 116.]
March 16.
New York.
272. President Clarke to the Duke of Newcastle. As it is
my duty, I humbly presume to acquaint your Grace that Governor
Cosby after a sixteen weeks sicknes dyed the tenth of this month.
Two days after he was taken ill, he summoned a Council and
suspended Mr. Van Dam from his seat at the Council Board, in
consequence whereof the administration of the Government of
this Province devolves on me. About an hour after the Governor's
death all the Council who were in town met in the Council
Chamber and haveing caused H.M. Commission and Instructions
to Governor Cosby with his suspension of Mr. Van Dam to be
read, they all except Mr. Alexander declared their opinion that the
administration of the Government devolved on me and accord-
ingly administered the oath to me, Mr. Alexander said he was not
prepared to give his opinion but after I was sworn he concurred
with the rest in advising me to issue a Proclamation signifying the
Governor's death and continuing all officers in their posts. The
next day about five in the afternoon Mr. Van Dam came to the
Fort Gate with some witnesses and demanded admittance to
Mrs. Cosby, but being told she was not in a condition to see him,
AMERICA AND WEST INDIES. 173
1730. [272]
he demanded that an open letter which he had in his hand might
be delivered to her by those witnesses whom he brought with him,
and being likewise told that as she was not in a condition to see
him she could not see them, he gave the letter to the officer of the
Guard to be delivered to her, it containing a demand of the
Commission, Seal and Instructions, and by the same officer sent
to speak with me, I went out of the Fort gate to him, when he
delivered me an open letter of the like purport, and demanding
my present answer in writing. I told him I would send it to him
and haveing communicated his to as many of the Council as were
then with me I sent him an answer in writing, a copy of which
suspension Van Dam's letter to me my answer and the Minutes
of Council I do myself the honor to present to your Grace ; the
next day he served me with a protest, a copy whereof I likewise
do myself the honor to inclose. During the whole course of the
Governor's illnes the restles faction have been very active to
prepare the mob for an insurrection, and the soberest and best
men have not been without their apprehensions of some such
attempt, however, I have reason to hope that by a mild and
prudent conduct I shall be able to restrain the first sallys of the
peoples' heat and to reclaim them to their due obedience ; and
in some reasonable time to restore tranquility to the province
to which nothing will so much contribute as H.M. dismissing
Morris from his pretensions to his Chief Justiceship and Van Dam
and Alexander from the Council, these are the heads of the
faction, these are the men who declaim against the King's preroga-
tive, who poison the minds of the people, who libel the Governor
and all in authority in weekly printed papers and who have
endeavoured to distress the Governor in his just administration,
I am bold to affirm to your Grace, pardon my Lord the expression,
that if these men are continued in their stations this province
will be very unhappy, as on the contrary if they are dismissed the
spirit of faction will dye, those who have been misled by them will
leave them and I shall have the honor to inform your Grace, that
tranquility and harmony will be restored and the people brought
to their former duty and obedience to H.M. just prerogative.
I beseech your Grace to be assured that no private prejudice
sways me to this representation. I have had the honor to serve the
Crown many years in this province, I have to the utmost of my
power and in my station opposed all attempts against the preroga-
tive, and yet I have lived in a friendly correspondence with all
men, nor had ever any personal misunderstanding with my fellow
Councillors, Mr. Van Dam or Mr. Alexander, what I have done
myself the honor to represent to your Grace proceeds from the
sincerity of my heart wholly devoted to H.M. Service ; I percieve
by a letter from the Lords of Trade to Governor Cosby dated the
fifth of September last that they had made a representation to
H.M. for dismissing Van Dam and Alexander from the Council,
but as their dismission is not yet come hither, if Van Dam had not
been suspended he would undoubtedly have been but a tool in
the hands of others, for he is very old, and that small share of
natural understanding which he had formerly is greatly impaired,
174 COLONIAL PAPERS.
1736. [272]
he is lookt upon as the head of the faction only as he had once the
administration of the Government as president, on Coll.
Montgomerie's death, a time wherein no spirit of party appeared,
had he not been now suspended, Mrs. Cosby, whose present
affliction is alredy too great, must have expected a large addition
from his resentment, as her being immediately turned out of the
fort and loaded with malicious prosecutions on imaginary and
groundless claims, but as the administration is in my hands she
is confident, and I presume to assure your Grace, not only of her
continuance in the house in the fort so long as she stays in the
province but of every act of service and friendship in my power.
I expect, and it will most certainly come to pass that if Van Dam
be restored by H.M., he will sue me for the profits of the Govern-
ment, tis with this view that he has made his demand and protest,
and I shall be undone : I humbly implore your Grace to grant
me your protection ; it is my great unhappynes to be unknown to
your Grace, but I presume to hope that his Excellency Mr.
Walpole, who has done me the honor to give me his, will be pleased
to extend it so far as to mention me favourably to your Grace.
I beg leave likewise to inclose a certificate and affidavit to shew
the falsehood of Vam Dam's assertion in his protest that the
Governor was delirious. I humbly ask leave to recommend
myself to your Grace's protection from the ruin threatened me
by the malice of faction and to subscribe myself etc. Signed,
Geo. Clarke. Endorsed, R. 10th May. Addressed. 6 pp.
Enclosed,
272. i. Deposition of Lewis Johnson and James Henderson.
16th March, 173f. Deponents as physicians attended
Governor Cosby during the whole course of his illness.
They were with him on 24th Nov., on which day
Rip Van Dam was suspended etc., and do not remember
to have observed that Cosby was delirious any time
that day, but beleive by the conversation they had with
him that he was in his senses. Signed, Lewis Johnston,
J. Henderson. 1 p.
272. ii. Minutes of Council of New York, March 10, 1736.
Present, Mr. Secretary Clarke, Mr. Alexander, Mr.
Vanhorne, Mr. Kenedy, Mr. Chief Justice, Mr. Cortlandt,
Mr. Lane, Mr. Horsmanden, who, having received
notice of His Excellency's death, immediately after
assembled themselves at the Council Chamber, when
H.M. Commission and Instructions were read, and after-
wards an attested copy of an Order of Council whereby
His late Excellency suspended Rip Van Dam, Esq.,
from the place and office of a Councellor and from his
having any further seat at the Council Board, ordering
his suspension to be enter'd in the minutes of the
Council. On the reading of all which etc. Mr. Secry.
Clarke as next eldest Councellor offer'd to take the usual
oaths to qualifye himself for the administration of the
Government. To which all agreed, except Mr. Alexander
who declared he was not ready to give his opinion etc.
AMERICA AND WEST INDIES. 175
1736. [272 ii.]
He was accordingly sworn, having taken the oaths
appointed etc. True copy certified by, Fred. Morrice,
D. Cl. Counc. 1 p.
272. iii. Minutes of Council of New York, 24th Nov., 1735.
Present, Mr. Kennedy, Mr. Cheif Justice, Mr. Courtlandt,
Mr. Lane, Mr. Horsemanden. Being called into H.E.'s
bedchamber, His Excellency was pleased to tell the
Gentlemen of the Council that he thought it necessary
for H.M. service and the interest of this Province to
suspend Rip Van Dam, Esq., from the place and office
of a Councillour, and from his having any further seat
at the Council Board, and H.E. did accordingly suspend
him ordering his suspension to be entered in the Minutes
of the Council, and at the same time H.E. was pleased
to declare he wou'd lay his reasons for so doing before
His Majesty and the Lords of Trade and ordered that a
copy hereof should be served on the said Rip Van Dam.
Copy certified as preceding. 1 p.
272. iv. Rip Van Dam to the Honble. George Clarke, one of
H.M. Council for New York etc. llth March, 1736.
Requests delivery of Commission, Instruction and Seal
to himself as eldest Councillor etc. as described March
llth supra. Signed, Rip Van Dam. Copy. 1 p.
272. v. Mr. Clarke to Mr. Rip Van Dam. Reply to preceding,
as described llth March, supra. Signed, Geo. Clarke.
Copy. 1 p.
272. vi. Protestation of Rip Van Dam. Duplicate of llth
March supra. Copy. 3 pp.
272. vii. Certificate by Five Members of Council of New York.
March 15, 1736. Whereas it has been industriously
reported that his late Excellency was delirious at the
time of the suspension of Rip Van Dam etc., now to
prevent any inconveniencys and mischiefs that might
arise from such weak, disingenuous and wicked sugges-
tions, we etc. do hereby certify that the said report is
utterly groundless and false, and that his late Excel-
lency at the time of the said suspension appeared to be
perfectly in his senses, and that he did then suspend the
said Rip Van Dam and ordered the Clerke to enter the
same in the Minutes of Council, saying at the same time
that 'twas uncertain what turn his distemper might take,
that he was unwilling (in case any accident should
happen to him) the Province should be left in confusion,
that therefore he thought it necessary for H.M. service
and the interest of this Province to suspend Mr. Van Dam
from the Council. Signed, Archd. Kennedy, James
De Lancey, Phillip Cortlandt, Henry Lane, Dan.
Horsmanden. 1 p.
272. viii. Deposition of John Felton and Charles Williams.
15th March, 1736. Were present when H.E. suspended
Rip Van Dam. He was that whole day perfectly well
in his senses and as capable of giving directions in that
176 COLONIAL PAPERS.
1736. [272 viii.]
affair as ever he was in his life. Signed, John Felton,
Charles Williams. 1 p. [C.O. 5, 1093. ff 342-344 v.,
345 v., 346, 348, 350, 352, 354, 356-357, 358, 359, and
duplicates of enclosures i-vii, C.O. 5, 1093. ff. 369-371,
373, 375, 377, 379.]
March 16. 273. Mr. Clarke, President of the Council of New York, to
New York, the Council of Trade and Plantations. Governor Cosby departed
this life after a severe fit of sickness that held him above fifteen
weeks etc. Describes incidents after Governor Cosby's death,
and Mr. Rip Van Dam's demands and protest as in preceding
(v. llth March). Continues: This demand and protest is with
a view to sue me for the profits of the Government in case he be
restored, and I must expect it in the severest manner, but as I
have had the honor to see your Lordships' letter to Govr. Cosby
dated the fifth of September last acquainting him that you had
made a representation to H.M. for removing Mr. Van Dam and
Mr. Alexander from the Council Board, I presume to hope they
will be removed and the gentlemen whom your Lordships have
recommended, being merchants of eminence and of very fair
characters, appointed in their room. As soon as the Governor's
suspension of Mr. Van Dam was known, as it was that very day a
copy being then served on him, the restless faction appeared very
active, and great pains were taken to prepare the mob for an
insurrection, and the soberest and most thinking men have not
been without apprehensions of some such attempt. They gave
out many things to arouse and to corrupt the minds of the people,
among others that the Governor had no power to suspend, or, if he
had, that the suspension dyed with him, that they have got the
opinion of some lawyers in other provinces confirming their own.
However, notwithstanding all their noise and threats, I have the
honor to be peaceably possest of the Government, and have
reason to hope that by a mild and prudent conduct I shall reclaim
the people to their due obedience, and in time restore tranquility to
the province to which I am bold to say that nothing will so much
contribute as H.M. dismissing Morris from his pretensions to be
restored to the Chief Justiceship and Van Dam and Alexander
from the Council, those being the heads of the faction, who openly
declaim against the King's prerogative, who poison the minds of
the people, who libel the Governmt. in weekly printed papers and
who have endeavoured to distress the Governor in his just
administration ; But if these men are not removed, the people
will grow still bolder in their attempts on H.M. prerogative and
the spirit of faction increase as the Ringleaders are countenanc'd.
I do assure your Lordships that no private prejudice sways me to
this representation ; I have had the honor to serve the Crown
many years in this province, I have ever to the utmost of my
power and in my station opposed all attempts against the preroga-
tive and at the same time have lived in a friendly correspondence
with all men nor ever had any personal misunderstanding with
any of my fellow Councillors : what I have said proceeds from the
sincerity of my heart intirely devoted to H.M. service : had not
AMERICA AND WEST INDIES. 177
1736. [273]
Mr. Van Dam been suspended he would have been but a tool in
others' hands, he is very old, and that small share of natural
understanding which he had formerly is much impaired ; he is
lookt upon as the head of the faction, only as he had once
the administration of the Government as president on Coll.
Montgomerie's death ; a time wherein no spirit of party appeared.
If Van Dam be restored, he will load me with prosecutions and
I shall be undone, they have alredy hanged me under a feigned
jiame in a fictitious piece of History about a month ago, in one
of their printed papers ; but their inhumanity to the Governor
and his afflicted family was much greater. I was in health and
could laugh at it ; the Governor was in a weak and languishing
condition, and his family in the utmost affliction. I humbly
implore your Lordships' protection, and hope for it no longer
then I shall exert myself in the support of H.M. rightfull authority,
and for the prosperity of the Province. I am placed in my present
station not by my own seeking but from the apprehensions
Governor Cosby had of the evils that would ensue from the malice
and range of faction if Van Dam were not suspended, and it
would be the hardest case in the world if I should be undone for it.
I inclose to your Lordships the certificate No. F. and affidavit
No. G. to shew the falsehood of the assertion in Vam Dam's
protest ; and the printed paper I mentioned, and a proclamation
for continuing officers in their places. I beseech your Lordships
to prevent my ruin, etc. P.S. I could not possibly get another
copy of Van Dam's protest transcribed in time. Signed, Geo.
Clarke. 5pp. Enclosed,
273. i. Mr. Clarke, President of the Council of New York, to
Horatio Walpole. On the 10th instant Governor
Cosby dyed, I immediately summoned all the Council
then in town being seven, who upon reading H.M. Com-
mission and Instructions to the Governor and his Excly's.
suspension of Mr. Van Dam declared their opinion that
the administration of the Government devolved on me
and accordingly administered the oaths to me, not one
of them dissenting except Mr. Alexander who said he
was not prepared to give his opinion, tho' it is notorious
that from him the notions have come and been propagated
among the mob that the Governor had no power to
suspend or, if he had, that the suspension would dye with
the Governor. The next day being in the Council
Chamber the Officer of the Guard told me that Van Dam
was coming up to the fort. I answered it is very well,
and without saying more he ordered the gate to be shut
fearing a mob would follow. Soon after the officer
returned to me and told me that Van Dam wanted to
speak with Mrs. Cosby ; he acquainted her with it and
delivered her answer that her great affliction would not
suffer her to see him, then he desired that two witnesses
whom he brought with him might deliver her an open
letter which he had in his hand, but the like answer being
given, he desired the officer to deliver it, and to tell me
78 COLONIAL PAPERS.
1730. [2731.]
he wanted to speak with me ; as I was going to the gate
I was told that the wicket was shut, I ordered it to be
opened and went out to Van Dam who put into my hand
an open letter from himself directed to me and desireing
my present answer in writing, I said that I would send
it to him and then he went away ; upon enquiry the gate
was shut because the day the Governor dyed it was so
ordered that nobody might come into the fort while the
Council was sitting and I mention it to your Exly.
because he takes notice of it in his protest, but I have
forgot to mention it to His Grace the Duke of New
Castle and to the Lords of Trade. Both the letters,
that to Mrs. Cosby and that to me, contain a demand of
the Commission, Instructions and Seal ; about an hour
after I sent him my answer in writing, the next day he
served me with a protest, and the next day after that
all or most of the Council etc. This demand and protest
are done with a view to sue me for the profits of the
Government in case he be restored and I must expect it
in the severest manner, the consequence whereof will
be my ruin, and the perpetuating the spirit of faction
be the ruin of the province ; on the contrary if Van Dam
and Alexander be removed from the Council Board, as
the Lords of Trade represented to H.M. in the King's
absence and Morris be not restored to the Chief Justice-
ship, I have as great hopes as ever to restore tranquility
to the province. Those who are the head of the faction
those are they who declaim openly against the King's
prerogative, who libel the Government in weekly
printed papers, and who have endeavoured to distress
the Governor in his administration. I mention all
these, tho' Van Dam only lends them his name, being
himself of a very great age and that small share of
understanding which he formerly had much impaired,
and tho' Morris himself be in England yet his son fills
the place in the faction and it is the hopes of seeing these
men continued or restored to their places that attach
the mob to them. If they are dismissed, their followers
will soon leave them and return to their former duty
and obedience to the Governmt. I did, Sir, in my letter
of the 16th of January last humbly implore your
protection in several things etc. Refers to it and his
letter to the Duke of Newcastle, March 16, asking for
his protection etc. Signed, Geo Clarke. Copy. 4 pp.
[C.O. 5, 1093. ff. 361-362 t>.]
March 16. 274. Mr. Popple to Lt. Govr. Gooch. Acknowledges letters
Whitehall, of 18th July and 5th and 26th Nov. last. Continues : My Lords
Commissioners in a little time will return you an answer thereto.
In the mean time their Lordships desire to know what progress
has been made by the Commissioners in the survey and settlement
of the boundaries of the Lord Fairfax's grant, and hope you will
AMERICA AND WEST INDIES. 179
1736. [274]
give all the assistance and dispatch to the determination of that
affair in your power. [(7.0. 5, 1366. pp. 136, 137.]
March 18. 275. Duke of Newcastle to President Dottin. Having lately
Whitehall, received from the Lords Commissioners of the Admiralty, a copy
of a letter from Captain Reddish, Commander of H.M. ship the
Fox, stationed at Barbados, inclosing a copy of one that was wrote
to him by your order, representing, that soon after the evacuation
of the Island of Sta. Lucia, pursuant to the orders that were agreed
upon, in the year 1730, between H.M. and the French King for
the entire evacuation of that island, and those of St. Vincents and
Dominico, by the subjects of both nations, untill the right to them
should be fully determined, the French had returned, in a few
days, to Sta. Lucia, and were daily increasing ; and the Board of
Trade having also sent me the like account, I laid them both
before the King, who was pleased to command me to transmit
them to my Lord Waldegrave, H.M. Ambassador at Paris, with
orders to His Excellency, to make the proper instances to the
Court of France, that his Most Christian Majesty's Governors, in
the West Indies, might be forthwith directed to cause all his
subjects to remove from those islands, and not to return thither,
untill the right to them should be fully settled, according to the
agreement above-mentioned ; since which Mor. Chavigny, the
French Minister here, has put into my hands the substance of
two letters from Mor. Champigny, Govr. of Martinico, whereof I
send you a copy for your information ; you will see, that Mor.
Champigny gives an account, that upon your having represented
to him, that notwithstanding the publication of the Orders afore-
said at Sta. Lucia, there were still on that Island a greater number
of French than ever, and requiring him to put his orders in
execution, he had sent a proper officer thither for that purpose,
who had agreed with the person appointed by you, on the same
occasion, that the subjects of both nations, that were at that time
on the island, should be allowed to remain there, till May next,
to gather in their cotton, but should then evacuate the place ;
so that H.M. hopes soon to hear from you, that those orders have
been effectually complyed with. It is, however, H.M. pleasure,
that you should, from time to time, inform yourself, whether the
French continue to observe the said orders, and if you should find
they do not, but are returned to Sta. Lucia, you will send me the
earliest notice of it, that proper directions may be given thereupon.
I take this opportunity to acknowledge your letter of the 2nd of
August last, which I laid before the King as soon as it came to
my hands. H.M. was graciously pleased to approve your conduct
in the administration of the government of His Island of Barbados,
which was devolved upon you by the death of my Lord Howe,
and to commend the regard that was shewn to his widow, by the
Act which you had passed in her favour. I was glad to find by the
addresses from yourself, the Council and Assembly, and from the
Grand Jury of Barbados, that were delivered to me by your
agents and which have been presented to the King, that you had
received the cannon that were sent for your defence, and that
180
COLONIAL PAPERS.
1738. [275]
March 20.
New
Providence.
H.M. subjects there have a due sense of his particular care and
concern for their ease and welfare. I hope soon to receive the
account of the fees of the officers and Courts of Barbados,
pursuant to H.M. Order in Council, which I transmitted to you in
my letter of the 30th of April last. Endorsed, Draft. 5 pp.
[C.O. 28, 45. ff. 355-357.]
276. Governor Fitzwilliam to the Duke of Newcastle. Since
the letter I had the honour to write, 22nd Dec., there did not
anything happen here worthy your Grace's notice, until three
days since when, as the Corporal of the Guard in the Garrison was
calling over the roll at eight a clock at night, one George Collins
(formerly a deserter from Clare's Regiment in France and since
from Cornwallis's) knocked him down ; whereupon a great
number of his accomplices started up and also knock'd down
several of the men, calling out, at the same time, Who is for Old
England ? and in a very little time got possession of the fort and
the few small arms there. While the mutineers were thus
employ'd, a centinel, posted on one of the bastions, got over the
fort-wall, ran up to my house and gave me notice thereof : upon
which I took a sword in my hand and ordered the two or three
soldiers, that usually do duty there in the night to follow me and
I made the best haste I could to the garrison, believing it was a
riot occasioned only by drink, which I should soon quell, but as
I came near the fort gate, which I imagined I saw open, I call'd
to one of my Serjeants, that was just before me, to endeavour to
secure it ; but my voice was no sooner heard than six or seven
muskets were fired at me and upon ordering the men I brought
from my house to return the fire at a crowd I saw assembled on
one of the bastions, they and their associates upon another fired
a whole volley at me, whereby the serjeant was shot thro' the
arm, and his clothes in many places, and the soldier that was
almost close by me fell by a wound he received, of which he dyed.
However I still imagin'd this insurrection was the sudden effects
of liquor, which I heard has been carried that day into the
Garrison, but I soon found it was a premeditated scheme, for
they were all regularly upon their guard round the ramparts and
fired at everybody that offered to come near them, which
prevented a design I had of getting into the fort by ladders with a
few people to surprize them : so that I had no recourse but to the
inhabitants, of whom I got together as many as I could at that
time of the night, but they had neither powder nor ball, nor more
than twenty-five small arms among them, and ten or a dozen of
those were not fit for service, and out of these few I was forced to
send a small detachment under the command of Mr. Stewart,
my surgeon, who was the only person of resolution about me, upon
whose conduct I could depend, to defend the powder lodged in an
old house about a quarter of a mile from the fort, which I had no
sooner done than I had an account that a strong party of the
mutineers were come out of the Garrison to secure me and two
sloops that lay in the harbour, which they had fired the great
guns at several times before, to oblige them to come nearer the
AMERICA AND WEST INDIES. 181
173(5.
fort, but I wa at this time about a mile to the eastward of the
town, where I understood that one Charles Walker of this Island
had luckily removed a small scooner belonging to himself out of
sight of the fort, and that there were a few small arms on board
her : and upon receiving notice that they had taken one of the
sloops in which they were determin'd to go aw r ay, I put thirty-six
of the inhabitants on board Walker's scooner, under his com-
mand, with directions to get every ready to sail upon the first
notice from me, and then I came into the Town with seven or
eight people who could muster no more than four small arms
among them, and of these men I sent two or three to observe the
motions of the mutineers, who (being repulsed at the magazine
which they went to blow up) had by that time broke open the
stores in which the provisions were I had laid in for the Garrison
for the ensuing year, of which, having first destroyed a great deal,
they took what they thought necessary for their intended voyage
to the Havana, and then nail'd up the great guns which point
to the harbour's mouth, got on board and under sail : Whereupon
I sent immediate orders to Walker to get under sail and follow
them, which he executed so diligently that he kept sight of them
all night, came up to and took them at sun rise without any
bloodshed more than one of the mutineers being shot thro' the
ear (the aforesaid Collins whom they had appointed their chief
having lost all command over them) and they were brought in
here the same day in the evening and the next morning (the Act
for punishing mutiny and desertion being of no force here) I called
a Court of Admiralty for tryal of pirates, which pass'd sentence
of death upon them (in number forty-two) and upon a seaman
combin'd with them, whom they had taken out of the public gaol
to be their pilot, where he had been committed some time for
felony, eleven of whom and the said pilot were immediately executed
as being principal promoters of and actors in this insurrection, of
which twelve, six had been deserters from the Duke of Berwick's
regiment at Philipsburgh, and proposed a scheme of leaving one
half of the mutineers to defend this fort, whilst the rest went to
the Havana to offer it to the Spaniards, one other who formerly
conspired the death of my predecessor Mr. Rogers, and the other
five besides their being formerly deserters from English regiments
and principals in every desertion that has been attempted both in
my time and that of my predecessors, entered into the scheme of
the said deserters from the French service to deliver up the fort
as beforementioned. It would swell this letter to too great a
bulk to trouble your Grace with the particular or source of this
mutiny, which had never happen'd if any notice had been taken
of my frequent representations at the War Office (ever since my
first appointment to this Government) of the miserable and
unhappy state of this little Garrison, who have neither barracks
to shelter them, sufficient victuals to eat, medicines for times of
sickness, arms to defend or officers to command them, wherefore
I chuse rather your Grace shall be fully informed by my letters
to the late Sr. William Strickland, copies whereof I have (as I am
directed by my instructions and for my own justification)
182
COLONIAL PAPERS.
1730. [270]
March 20.
New
Providence.
transmitted to the Lords Commissioners for Trade etc. [See March 8
supra.] Continues : I humbly beg leave etc. to mention the afflic-
tion of mind I have labour 'd under some time past occasioned by an
information I have had from home that Colebrooke hath most
basely misrepresented my conduct in this little Government to your
Grace, in so much that you are displeased with me, which, in addi-
tion to the other misfortunes I have struggled with since I have been
here, would quite sink me, were I not satisfied in myself that your
humanity and Justice will never suffer your Grace, upon meer
report of ill-designing men, to give up, without a hearing, a man
of your own preferring and to whom you have upon many
occasions been so true a friend. Therefore what I would most
earnestly beseech your Grace is that you will not harbour any
ill opinion of me before I am found capable, particularly since my
accuser and his few accomplices can be proved of such evil fame
as would, in my poor way of thinking, destroy their credit, even in
a Court of common law. If my little employment, which has
hitherto been attended with much more vexation than profit,
be what is sought after, as most certainly it is, I am confident
your Grace will, when you come to be truly appriz'd of my
unhappy situation hitherto, be convinced I have dearly earn'd
my poor pittance here, etc. Signed, Rd. Fitzwilliam. Endorsed,
R. July 13th. 4f pp. [C.O. 23, 14. ff. 269-271, 272 v.]
277. Governor Fitzwilliam to the Council of Trade and
Plantations. Before I had an opportunity of sending away my
letter of the 8th of this instant, which accompanys this, a very
extraordinary mutiny or insurrection happened in this little
Garrison, the particulars of which your Lordships will be informed
of by the enclosed copy of a letter I have upon this occasion wrote
to the Secretary at War. This unhappy affair has struck such a
terror into many of the inhabitants, that they talk of leaving the
island, and unless something bee speedily done in favour of this
place it will certainly be abandoned by them ; for they allege the
promises that I have made them, that the soil would be forthwith
purchased from the Proprietors and Lessees, the garrison repair'd,
and new works erected for their defence, and that the Ministry
would think of proper measures to encrease their number, are
nothing but amusements imposed upon them by me and my
predecessors these fifteen years past ; for that if any such things
had been in agitation they must have been done long ere this :
Hence your Lordships may judge of my situation here, for what
between a starv'd mutinous garrison, without any officers to
command them, and a frighted, dissatisfied people, you cannot but
imagine I am reduced to very great streights to keep this Govern-
ment together, and I cannot help saying in my own justification
upon this occasion, that if I had the proper command of my own
officers, and was left to judge when they might be absent or ought
to be present, or were any regard had to any representations
concerning the state of this Company under my command, this
accident could never have happened. But if your Lordships will
be so good as to forward the accomplishment of those proposals
AMERICA AND WEST INDIES. 183
J73C). [i>77]
I have so often made concerning the Garrison and speedily do some
little thing to encourage the inhabitants and encrease them by
sending hither a few Palatine familys, I will from thenceforward
answer with my life, for the obedience of the former, and to
please and satisfy the latter, which I can never hope to do without
being supported and assisted from home in a proper manner.
Sr. Charles Wager, who has been long thoroughly acquainted of
the consequence of this place to the Crown, the turn of the
inhabitants and the nearness of our neighbourhood to the
Spaniards, who, upon every frivolous pretence, take vessels
trading this way, station'd a small frigat here with such instruc-
tions to the Captain as the Board of Admiralty thought proper,
to which I am an utter stranger, having never seen them, which
I cannot impute to any other than the general tenaciousness of
the sea captains that a land-man should no ways interfere with
them, which indeed I should chuse to avoid for my own ease, did
not H.M. service very often suffer by this kind of independent
commands ; for when one of H.M. ships is sent to attend the
service of an American Government, surely it cannot derogate
from a private Captain to be obliged to produce his Instructions
to the Governor of the country where he is stationed, consult and
be advised by him in everything that may occur for the publick
good and not leave his station (unless by order of his superiors)
without his approbation. I would not be understood by your
Lordships to complain of the behaviour of the present Captain
of H.M. ship stationed here, because I know he is, by the particular
favour of Sr. Charles W T ager to me, more obliging then perhaps he
otherwise would ; but upon this occasion of the fright of the
inhabitants by the late mutiny, if your Lordships could prevail
upon the Lords of the Admiralty to instruct this Gentleman now
upon the Station, or who ever relieves him in some such manner
as before mentioned, it would be for H.M. service ; and moreover
if he were directed, whenever he goes out to cruise among the
islands, to leave a dozen men in this harbour on board a small
sloop that might be provided or built here of this country wood for
about three hundred pound sterling, and would last twenty years
for that purpose and other uses of the Government, under the
command of a midshipman or some other inferior officer who in
his absence should receive his order from the Commander-in-
Chief here for the time being, it would prevent all future desertions
or mutinys, and ease the minds of the inhabitants ; for if the
soldiers were to see a vessel always equipped here with some men
on board and ready to take others to pursue them in case of any
attempt to desert, they never would venture on anything like
what lately happen'd, besides such a small vessel, particularly if
there were a good pilote of this Island always upon pay to com-
mand her, might prevent the hourly apprehensions the poor
people of the country are under of being ruined by their vessels
being taken away by such deserters (as in this last instance and
many others of lesser note, that might be given within these few
years past) and be sent out, upon any emergency, to the French
or Spanish coasts to gain such information as might, from time
18 i
COLONIAL PAPERS.
1730. [277J
to time, be wanted, and also pursue any little pyrate or guarda de
costa, that may happen to come among these Islands into shoal
water, where the least of H.M. fregats cannot come at them etc.
Signed, Rd. Fitzwilliam. Endorsed, Reed. 13th July, Read
27th Oct., 1736. 2 pp. [(7.0. 23, 3. ff. 187-188 v.]
March 21.
Buck'm
Street,
York
Buildings.
March 26.
New
Providence.
278. Mr. Lewis Morris to the Duke of Newcastle. Abstract.
Prays to be restored to his office of Chief Justice, in accordance
with the report of the Committee of the Privy Council, approved
by H.M., that the reasons assigned by Governor Cosby for his
removal were insufficient. Believes Mr. Cosby is fully convinced
that his removal neither has been, nor is likely to be attended
with any good consequence to himself, but has procured him a
general dislike etc. Some check is necessary to abate the
impetuosity of his temper. Concludes : I have been a long time
on this side of the water etc. at a greater expence than I am well
able to beare etc. Signed, Lewis Morris. 2 pp. [(7.0. 5, 1093.
ff. 386, 386 v.]
279. Governor Fitzwilliam to the Council of Trade and
Plantations. Encloses Journal of Council and list of shipping,
and refers to this account of the mutiny (v. March 8th and 20th),
" whereof I beg your consideration as soon as it suits your
convenience ; for 'twill be impossible for me to answer the ends
of my being sent hither without your Lordships' interposition
in favour of this miserable place." Signed, Rd. Fitzwilliam,
Endorsed, Reed. 4th March, Read 7th Sept., 1737. Duplicate.
Original not reed, f p. [C.O. 23, 4. ff. 1, 2 v.]
[March 26.] 280. Mr. Partridge to Mr. Popple. Encloses list of
Governor (John Wanton), Deputy Governor (George Hazard),
Assistants on Council, and other officers of Rhode Island for 1734.
Concludes : They choose them annually ye 1st Wednesday in
May, and I am apt to think they are the same this year, but am
not certain etc. Signed, Thy Friend, Rd. Partridge. Endorsed,
Reed. Read 26th March, 1736. f p. [C.O. 5, 1268. ff. 185,
190 w.l
March 31.
Whitehall.
281 . Council of Trade and Plantations to the Lords Commis-
sioners of the Treasury. Enclose accounts of incidental charges
of all the Office from Christmas, 1735 to Lady Day following, and
request payment of one quarter's salaries now due. v. Journal.
[C.O. 389, 37. pp. 370, 371.]
[April 6.] 282. Proposals for the beginning of a Civil Government in
Nova Scotia, (v. April 14th). 1. That a certain number of
gentlemen, merchants and others be incorporated Trustees for
promoting the said settlement. 2. That the Trustees or
President or Deputy Governor of the Province, who shall be
approved by H.M., and give 2,000 security for his due observance
of the Acts of Trade and Navigation, and of all such Instructions
AMERICA AND WEST INDIES. 185
1730. [282]
as shall from time to time be given or sent to him from H.M.
3. That the President or Govr. have power to name 12 substantial
persons resident in ye Province, to be his standing Council, and
vacancies happening therein shall be supply 'd as H.M. shall
think fit. 4. That the Govr. with the advice of his Council,
shall have power to grant land to all settlers, in such manner and
under such rents, services and reservations, as shall be appointed
by ye Charter to the Trustees, or H.M. Instructions to the
President or Govr. N.B. It's intended yt. 200,000 acres of
woodland be reserved for a perpetual supply for the Navy,
and that whatever quantities of land shall be granted to
private persons, townships etc. a like quantity be left in the
neighbourhood to H.M. future disposal, on which land none shall
be allowed to cut wood but by H.M. licence. 5. The President
or Govr. with the advice of his Council, may appoint Courts of
Adjudicature for hearing and trying all sorts of causes as well
criminal as civil ; provided the Chief Judges, Justices or Presidents
of such Courts, as also the Attorneys and Solrs. General be
appointed by H.M. 6. That so soon as there shall be a competent
number of Freemen, planters and inhabitants settled in the
Province, an Assembly shall be established, with whose advice
and assistance the President or Govr. and the Council shall
establish and enact such ordinances, Acts and laws as shall be
thought necessary for the good governmt. and prosperity of the
settlement. Provided that all such acts and ordinances be
forthwith transmitted to the Board of Trade, in order to be laid
before H.M. for his approbation or disallowance. 7. Provided
also that the Receiver and Auditor General of the Revenues, the
Surveyor Genl. and Secretary of the Province shall always be
appointed by H.M., and that no land be granted without the
advice and consent of 2 of those officers, and that all land so
granted be entred and recorded in their respective offices.
Provided also, that at the end of 15 years all ye right, claim, power
etc. of the Trustees shall entirely cease ; and whatever accounts,
books or effects shall remain in the possession of the said Trustees
at the end of the sd. 15 years, shall be delivered up by the said
Trustees to such person or persons as H.M. shall appoint, for the
use of the Province, and that then the Governmt. of ye Province
shall return entirely into H.M. hands, to be exercised as in New
York or any other Plantation immediately under H.M. protection.
Endorsed, Reed., Read 6th April, 1736. 3 pp. [C.O. 217, 7.
ff. 158-159 v.]
April 7. 283. Deputy Governor Ogle to the Council of Trade and
Maryland. Plantations. In reply to command of June 17, 1735, encloses
list of Acts laying any duties on British trade or shipping, or on
importation or exportation of negroes, armes or any other
merchandize etc. Signed, Sam. Ogle. Endorsed, Reed. 19th
Aug., Read 20th Oct., 1736. 1 p. Enclosed,
283. i. List of Acts of Maryland, 1661-1732, referred to in
preceding. 1 pp. [C.O. 5, 1268. ff. 211, 212, 212 v,
213 v.]
180
COLONIAL PAPERS.
April S.
Ainbor,
New Jersey.
284. Col. John Hamilton, President of the Council, New
Jersey, to the Duke of Newcastle. I am humbly to inform your
Grace that on the 28th of March last John Anderson, Esq., etc.
departed this life, upon whose death I took the administration of
the Goverment of this Province upon me as eldest Councellor,
which office I shall endeavor to discharge with the utmost fidelity
to His Majesty and benefit of his subjects etc. There are now but
five Councellors resideing in this Province, and one of them
(Mr. Wells) so very old and infirm that he has not for some years
past been capable of attending his duty in Councill, so that if
there should be a necessity for my calling an Assembly (which
I shall not offerr to doe without some pressing occasion) there will
not be a sufficient number of Councellors to make a Quorum etc.
His late Excellency to make up the number of seven that could
attend admitted William Provoost and Thomas Farman, Esqrs.,
and recommended John Seyler, John Rodman and Richard
Smith, Esqrs., who are all gentlemen of worth and fortune etc.
Signed, John Hamilton. Endorsed, R. June. Holograph. 3 pp.
[C.O. 5, 983. ff. 58-59 v.]
April 9. 285. Governor Mathew to the Council of Trade and Planta-
Antigua. tions. I pray leave to recommend again to your Lordships the
Act passd by the Council and Assembly of Montserat for raising a
duty of four pence a ton upon all shipping to be paid in money in
order to purchase arms for the use of the Island. For that although
H.M. was graciously pleas'd to order stores of all sorts to be sent
to these Islands, yet none of the most necessary articles, as
powder, small arms etc. were sent. For which I pray leave to
referr your Lordships to the Agents for this Island, Nevis and
St. Christophers for the reasons why. The news of peace has
quite restor'd the people of Nevis to their usual indolence. The
fortifying Sadie Hill, which was carryd on most vigorously for
six months, is now all over. I hope what I wrote to your Lord-
ships the 14th November last will plead effectually with you, to
obtain a favourable construction on my forwardness in establishing
legislatures in Anguilla, Spanish Town, and Tortola. I heartily
wish H.M. service would allow r to those Islands priviledges of
making their own laws etc. Signed, William Mathew. Endorsed,
Reed. 10th June, Read 30th Sept., 1736. 2 pp. [C.O. 152, 22.
ff. 108, 109, 109 v.]
April 9.
Antigua.
286. Governor Mathew to Mr. Popple. Encloses Journal of
Assembly of Montserrat, and Minutes of Council of Montserrat
and Nevis to 25th March, 1736, and following. Signed, William
Mathew. Endorsed, Reed. 10th June, Read 30th Sept., 1736.
Holograph. 1 p. Enclosed,
286. i. Treasurer's account, Nevis, to Feb. 20, 1736. Totals,
Receipts (including balance from April, 1735, 358 Is. Id.),
2,061 105. 8%d. Expenditure, 1,749 13s. lOjd. Signed
and sworn to, by, Edwd. Bridgwater, Treasr. ; John
Brodbelt. Endorsed, Reed. 10th June, 1736.
AMERICA AND WEST INDIES. 187
1736.
286. ii. Treasurer's account, Montserrat, to Feb. 1736. Totals.
Receipts (including 146 10s. Q\d. brought forward),
3,620 8s. 8d. Expenditure, 3,492 10s. Signed, Jno.
Rognon. Passed in Council, Feb. 21, 1736. True copy
certified by, John Warner, Clk. Cone. Endorsed as
preceding. 3 pp.
286. iii. Abstract of births (32), marriages (8) and burials (27)
in the parish of St. Thomas, Middle Island, St. Christo-
phers, 30th Oct., 1734 1735. Signed, John Merac,
Rector. Endorsed as preceding. \ p.
286. iv. Abstract of births (25), marriages (7), and burials (8)
in the parish of Trinity, Palmeto Point, 30th Oct.,
1734 1735. Signed and endorsed as preceding. ^ p.
[C.O. 152, 22. ff. Ill, 112 v.-UQ v., 117 v-118 v.]
April 10. 287. Governor Mathew to Mr. Popple. Enclose Act of
Antigua. Nevis for raising a poll tax on negroes etc just received. " 'Tis a
money bill in the usual form, and therefore no remark remains
for me to make on it." Signed, William Mathew. Endorsed,
Reed. 10th June, Read 1st Oct., 1736. Holograph. I p. [C.O.
152, 22. ff. 119, 126 v.]
April 14. 288. Capt. Coram to Mr. Popple. Returns with comments
Prescot Street ^} le proposals given 1o him by the Board (v. April 6th), and desires
Fields ai to wait on the Board before report is made thereon etc. Signed,
Thomas Coram. Endorsed, Reed. 15th April, Read 4th May,
1736. Holograph. Ip. Enclosed,
288. i. Proposals as above, with Capt. Coram's observations
thereon. 3 pp. [C.O. 217, 5. ff. 160, 161-162 v.,
163 v.]
April 17. 289. President Dottin to the Duke of Newcastle. I flatter'd
Barbados, myself with the hopes of being honour'd with your Grace's
commands in answer to two letters which I thought it my duty
to trouble you with, as I conceived the matters I mentioned therein
were for H.M. service, and I hope my letters came safely to your
Grace's hands. I had indeed the pleasure of obeying H.M.
commands in swearing my nephew Abel Dottin, Esqr., one of the
Council here in the room of the late Colo. Terrill, which I beg
leave to make my humble acknowledgment for your Grace's
favour in procuring that honour done him on my recommendation,
and as it is impossible Mr. Ashley can longer attend his duty as a
Councillor on account of what he owes, which will oblige him to
stay at home and not stir out, I humbly take leave to repeat my
recommendation of Colonel John Maycock as a person fitly
qualifyed according to H.M. Instructions to supply his seat.
I should without doubt have complyed with H.M. pleasure in
transmitting to your Grace long before now the best account
I cou'd of what fees were taken by the several officers here at the
time of her late Majesty Queen Anne's accession, but as I presumed
to mention how difficult it was to have that truly ascertain 'd and
that besides it wou'd not, I imagin'd, answer H.M. intentions in
188 COLONIAL PAPERS.
173(5. [289]
having those fees reduced within the bounds of moderation, as
they were greatly enhanc'd long before then, but from the
inhabitants not being in such bad circumstances, they were not so
severely felt, that enquiry was not compleated, from my expecta-
tions of receiving your Grace's pleasure that the fees might be
justly and fairly settled without being confin'd to a particular
period of time, but since I have fail'd in my hopes, I shall now
give directions to have that enquiry finish'd as soon as possible,
that the same may be convey'd immediately afterwards to your
Grace, who will herewith receive a copy of the letter which the
General of Martinico thought fit to write me in answer to mine
formerly transmitted, with a copy of my reply thereto, since which
nothing more has been done, ELM. Council here being of opinion
it was proper for me first to have further directions before any
other step was taken, and as soon as your Grace thinks fit to
signify your commands with respect to this and the settlement for
the West Indies they shall be punctually perform'd on my part.
Your Grace will likewise receive under the Seal of the Island
copys of several Acts pass'd here, the title and preamble of each
of them so fully declares the reasons for their being enacted that
I shall without taking up any of your precious time with observing
on them, chuse to submit them to your Grace's consideration, etc.
Signed, James Dottin. 1| pp. Enclosed,
289. i. List of Acts sent with preceding, (i) An Act for the
encouragement of Majr. Thos. Spencer, Esqr., for a new
project or method he has invented in the place and stead
of lead on coppers, being less expensive, more dureable and
convenient then what hath heretofore been used : (ii)
Impowering the Vestry of the parish of St. Joseph to
choose a churchwarden for the said parish to continue in
the said office til the five and twenty eth day of March next :
(iii) to provide for the expences of His Honour the President's
table during his residence at Pilgrims House for the
benefit of the publick : (iv) impowering the vestry of the
parish of St. Lucy to choose a churchwarden for the said
parish to continue in the said office till the twenty-fifth day
of March next, and also to enable the vestrys of the several
parishes in this Island to make choice of a churchwarden
in case of the death or going off this Island of any church-
warden before the year for which he is elected expires :
(v) Concerning the surveying of land in this Island :
(vi) Appointing Agents for this Island in Great Britain :
(vii) for the encouragement of Thomas Spencer, Esqr.,
in a new project or method he has invented for the more
easy and expeditious straining of liquors for making sugar
and rum : (viii) declaring part of the Newtown house in
the town of St. Michael to be the common gaol of this
island, and impowering the Provost Marshall to make use
of it as such. \p.
289. ii. Governor General of Martinique to President Dottin.
Martinique, Dec. 20 (N.S.), 1735. Abstract. As end. i.
in succeeding item .
AMERICA AND WEST INDIES. 180
1730.
289. iii. President Dottin to the Marquis de Champigny.
Jan. 28, 173-$. Reply to preceding. As in end. ii in
succeeding item. [C.6. 28, 45. ff. 359-359 v., 361, 365,
365 v., 367-368.]
April 17. 290. President Dottin to the Council of Trade and Plantations.
Barbados. AS I hope the letters I have done myself the honour of writing to
your Lordships were safely deliver'd, especially the last by Capt.
Nesbit, I promis'd myself the pleasure of receiving your Lord-
ships' commands on what I had mention'd which needed notice,
but being deprived of that satisfaction, I take this occasion of
returning your Lordships my sincere thanks for the favours you
have been pleased to shew to my recommendation in behalf of
my nephew Abel Dottin, Esqr., who thereby is now sworn one
of H.M. Council here in the room of the late Coll. Terrill, and if
your Lordships will be pleased to recommend Coll. John May cock
in the room of John Ashley, Esqr., whose affairs will not permit
him any longer to attend his duty in that station, I shall deem it a
singular honour done me, and he is fitly qualify'd according to
H.M. Instructions to be of his Council. I hereby transmit your
Lordships a copy of the General of Martineco's answer to my letter
inclos'd in the last packet by Nesbit with my reply thereto.
I laid all these papers before the Council here, who thought nothing
more was to be done without further orders which when I receive
I shall duly comply with. I have likewise enclos'd copys of
several Acts to which I have given my assent and as the title and
Preamble of each fully sets forth the reasons for making them it
wou'd be mispending your Lordships' time for me to observe
thereon, and therefore I humbly submit them to your Lordships'
consideration whether they are proper for H.M. approbation or
disallowance. Signed, James Dottin. Endorsed, Reed. 23rd
July, Read 24th Sept., 1736. 1 p. Enclosed,
290. i. M. le Marquis de Champigny, Governor General of the
French West Indian Islands to President Dottin.
Fort Royal, Martinique. 20th Dec. (N.S.), 1735.
Abstract. Is surprised to learn from his letter of the 4th
delivered by Capt. Raddish, that he thinks that the
proclamations for the evacuation of Sta. Lucia published
by Lord Howe and himself, Aug. 1733, have not been
obeyed, but that the French are there in greater numbers
than before. He would not permit such disobedience
to his King's orders in an island under his very eyes.
But being anxious not to omit anything which might
contribute to maintaining the good understanding with
his neighbours, he has sent some French officers with
Capt. Raddish to verify the facts alleged in the deposi-
tions, and in case of any infringements, to renew the
proclamation forbidding French subjects to remain at
Sta. Lucia on pain of being punished as rebels. Expects
the President likewise both to forbid British subjects to
remain there, and all British ships to trade there, as they
do with impunity every day, as is proved by the frequent
190 COLONIAL PAPERS.
1736. [290 i.]
captures made by the French customs ships. Awaits
with impatience the arrival of Governor Lord Howe,
intending to propose acting in concert with him in order
to put a stop to such trade, which is equally prejudicial
to both countries. Concludes : Nothing, Sir, ought to
prove to you more plainly the great advantage your
Nation derives from this pernicious commerce, than the
number of ships and other English vessels which are
continually at Sta. Lucia, or on our coast, to trade there,
in spite of all the precautions I can take to prevent them ;
in which I flatter myself I shall be able to succeed when
the king's ships arrive which I expect daily. Signed,
Champigny. Endorsed, Reed. 23rd July, 1736. French.
2pp.
290. ii. President Dottin to the Marquis de Champigny.
Barbados. Pilgrim. Jan. 28, 173f. Abstract. Explains
that, though the style of his letters seems to indicate that
he regards a President of Barbados as little better than a
private person, he is in fact, Commander-in-Chief to all
intents and purposes, and it is not therefore necessary
to await Lord Howe's arrival, before concerting the
measures he mentions etc. Objects to the distrust he
displays of the deposition for which he had vouched.
However, as M. le Marquis sent officers to Sta. Lucia for
information, and as Capt. Reddish informs him that
many French families were remaining on that island, he
hopes to hear of the entire evacuation of that place etc.
As to ships trading to Martinique or Sta. Lucia, contrary
to the treaties and orders of the two Crowns, nothing
could give him greater pleasure than to hear that they are
made prizes of, upon due proof of such indirect trading.
Thinks such indirect trade to be vastly pernicious to the
English nation in general, and in the end proves the
ruin of those concerned in it, of which they have had
many instances. Nor are the sufferers when lawfully
seized worthy of the least compassion. But he is
convinced by a number of depositions of persons of
undoubted reputation that many of the prizes made by
the French guard sloops are owing not so much to the
score of an illegal trade as to the arbitrary and unjustifi-
able methods those guard sloops take in chasing vessells
not bound to any of those islands, and having no
intentions to trade there at ah 1 , who yet are carried into
Martinique and there prosecuted. Continues : With
regard to the capture of a sloop belonging to one Major
Fairchild, upon reading certain depositions relating
thereto before your Excellency in Council, whereunto
my testimonial was annex'd, in which the stile and title
conferr'd on me by his Majesty, was incerted, after that
was read, the same w r as look'd upon with so much derision
and contempt, as I could not have thought Gentlemen
of so polite a nation capable of etc. Would concur in
AMERICA AND WEST INDIES.
191
1730.
April 17.
St. James's.
April 20.
Whitehall.
April 20.
Whitehall.
[290 ii.]
any measures for stopping the many English vessels
that do trade at Sta. Lucia and Martinique. But thinks
the French must reap the greater advantage from it,
as otherwise it would be no difficult matter for them to
stop it, without awaiting a powerful armament from
France etc. Signed, James Dottin. Endorsed, Reed.
23rd July, 1736. Copy. 2| large pp.
290. iii. List of eight Acts, 1735, 1736, enclosed. Same
endorsement, f p. [C.O. 28, 24. ff. 171, 172-174 v.,
175 v., 176 v., 177, 180 v.]
291. Petition of Wavell Smith, Secretary of the Leeward I.,
to the Duke of Newcastle. Abstract. By the annexed Order,
Governor Mathew has commanded Memorialist's Deputy at
Antigua to conform instantly to an old docket of fees made in 1703,
or to be prosecuted etc. By this illegal order made upon applica-
tion from the Assembly, memorialist's Deputy is obliged to take
whatever fees are given him, and keep an account of the differences
between the accustomed fees and those of 1703. The business in
the Secretary's Office at Antigua is much varied from what it
was in 1703, and the fees in the old docket cannot comprehend the
business now in use. Quotes terms of letters patent granting
offices to him and Savile Gust for life etc. Petitions for H.M.
command to the Governor for repeal of said order, and protection
of memorialist in the possession of the accustomed fees as they
were paid to three predecessors etc. \% pp. Enclosed,
291. i. Order by Governor Mathew, 9th Feb., 173f, referred to
in preceding. Copy. 1| pp.
291. ii. Minute of Council of Antigua, 2nd Feb., 173f.
Lt. Gover. Byam refused to comply with Assembly's
message referred to in preceding, but sent to Governor
Mathew for directions upon the matter. Copy. \ p.
[C.O. 152, 40. ff. 266, 266 v., 269, 269 v.]
292. Council of Trade and Plantations to the King. Ralph
Izard, a member of Council in S. Carolina, having refused to act in
that capacity, and Francis Yonge having resolved not to return
and desired to resign his office of Councillor, propose John Colleton
and John Brathwaite in their room. [C.O. 5, 401. pp. 171, 172.]
293. Council of Trade and Plantations to the Duke of
Newcastle. Refer to letter of Sept. llth last etc. and enclosures
received since. Continue : Your Grace will perceive by the
report of the Committee of Barbados, that the French have not
only artfully evaded the intended evacuation of those islands
[Sta. Lucia, St. Vincent and Dominico], but that they have since
continually been encreasing, and are now settled in much greater
numbers than ever they had there before etc. As this behaviour of
the French is of the greatest consequence to our Sugar Colonies,
and to the trade thereof, we desire to refer your Grace to our
aforesaid letter of Sept. llth etc., to which we have nothing to
add, but that the dangers we then apprehended are become by so
192 COLONIAL PAPERS.
1736. [293]
much the more pressing as the French are more encreased in
numbers and strength in those islands, to which, notwithstanding
the pretended claim of the French, His Majesty has a most
undoubted title : We therefore desire your Grace will please to
receive H.M. directions upon this subject, the welfare of our
Sugar Colonies depending thereon. Enclosed,
293. i. Extract from Report of Committee of Council of
Barbados, 28th Oct., 1735, upon Sta. Lucia, St. Vincent
and Dominico. 4| pp.
293. ii. Extracts from depositions taken in proof of statements
in preceding. 4 pp. [C.O. 152, 40. ff. 271, 271 v.,
274-278 and without enclosures C.O. 29, 16. pp. 46, 47.
April 21. 294. Mr. Attorney General to Mr. Popple. I am sorry that
we have not been able to get time to consider the Act for ye better
preservation of ye King's Woods in America etc. It will be
impossible now to do it till after ye holy days etc. Suggests that
Mr. Fane should confer with the Solicitor General and himself
after Easter, and that Mr. Popple should attend etc. Signed,
J. Willes. Endorsed, Reed. 22nd April, Read 4th May, 1736.
Holograph. 1 p. [C.O. 5, 879. ff. 2, 3 v.]
April 21. 295. Order of Committee of Privy Council. Referring back
Whitehall, to the Council of Trade and Plantations representations of 12th
June and 4th Sept., 1735, proposing the sending of hemp-seed
to the Massachusetts Bay and New Hampshire, for their
reconsideration. Signed, Temple Stanyan. Endorsed, Reed.,
Read 7th May, 1736. 1 p. Enclosed,
295. i, ii. Copies of representations of 12th June and 4th Sept.,
1735. [C.O. 5, 879. ff. 5, 6-7 v., 8 v.]
April 22. 296. John Yeamans, Agent for Antigua, and Richard Coope,
Agent for St. Christophers, to the Duke of Newcastle. By the
Treaty of Peace and Neutrality, 1686, it is stipulated, that in
case any disputes should arise in the colonies between the subjects
of the said Crowns, they shall be determin'd by the Governours of
the said Colonies respectively, but that if in a year their mutual
controversies cannot be settled then the same should be trans-
mitted to Great Britain and France to be determined according to
justice, and as the respective Crowns shall think fit. H.M. subjects
in the Southern parts of America have for several years past
suffered great hardships by the depredations committed by the
French, not only in a clandestine and piraticall manner, but openly
by the authority of the French King's Arret of 1727 contrary to
the peace and good correspondence which H.M. Subjects have
endeavoured to cultivate with those of the Crown of France, and
contrary to the express intent and genuine sense of the said
Treaty. William Mathew, Esqr., H.M. Governor of the Leeward
Islands has us'd all proper means with the Marqs. de Champigny
the French Governour of Martinique that a stop might be put to
these proceedings, but in vain. 'Tis therefore in compliance with
the said Treaty, that we lay before your Grace the annex 'd copys
AMERICA AND WEST INDIES. 193
1736. [296]
of original transcripts relating thereto, as certified by the said
Governour Mathew, and that we beg your Grace to represent the
same to H.M. What regard is paid by the French to the said
Treaty will appear to your Grace from comparing the 5th, 6th,
llth and 17th Articles thereof with the 3rd, 4th, 5th and llth
Articles of the French King's Edict in 1727, and in particular with
Article the 3rd whereby all strangers are forbid to sail within a
league of any of the French Islands, inhabited or not inhabited,
under pain of forfeiting their vessells and cargoes and one thousand
livres besides ; and all the subjects of France are permitted by a
general letter of marque mentioned in the 5th Article to seize such
vessells as in time of war. This Edict was the more severe on H.M.
subjects, as no notice was given them of it or warning to keep out
of its way ; and accordingly the first effects thereof fell on a poor
innocent family or two at Sta. Cruz, an Island long since deserted
by the French, consequently not within the meaning of the 5th
Article of the said Treaty of Peace and Neutrality which regards
such Islands only as were possess'd, or should be possess'd by
either of the contracting powers. While this Edict subsists, the
liberty of navigation stipulated in the 5th and llth Articles of the
said Treaty will be render'd very precarious, since 'tis scarce
possible for H.M. subjects to sail to or from Barbadoes or any of
the Leeward Islands, without running the risque by calms,
currents, or contrary winds, of driving within a league of the
French shores, and so falling into the hands of their Guarde de
cotes ; and this in fact was the unfortunate case of a British
shallop condemned at Guardeloupe, she drove by accident from
the ship she belonged to in a dark night, she had neither victuals,
drink, any arms, not so much as a musquet on board, yet the poor
sailors not knowing what island they were come to, starving and
in an open shallop, instead of meeting with the releif, humanity
and kindness mentioned in the 6th Article of the said Treaty, were
all imprison'd, fin'd, and strip'd naked, and the shallop was
confiscated. This may it please your Grace is a fact that will be
testified by Capt. Barnsly, Commander of H.M. ship the Namure,
and if this is the equitable construction which the French put
upon the said Treaty, 'tis humbly hoped that H.M. subjects may
be allowed (could they prevail upon themselves to do it) to
construe the said Treaty in the same equitable manner. If the
reason given by the said Marqs. de Champigny in his letter be a
good reason for the seizure of the English sloop Amity, namely
because she was within a league of the French shore, the
same reason becomes equally good, with great submission,
on our part, and will sufficiently justify the seizure of the
French sloop Fortune, mentioned in M. de Champigny's letter.
If the two English sloops burnt by the French man-of-war
and guard de cote at the deserted Island of Sta. Cruz had no
legal trial and condemnation, as it is plain they had not, the Marqs.
de Champigny can have little reason to expect the restitution
of the French sloop La Marie because 'tis alledg'd she was not
legally tryed and condemn'd. H.M. Commission to his Gover-
nors of the Leeward Islands, and your Grace's letter which
13 (1).
194 COLONIAL PAPERS.
1736. [296]
directed reprisals to be made, wou'd (as it's apprehended) justifie
Governour Mathew if he had taken the La Marie, by way of
reprisal, anywhere in the high seas. Your Memorialists further
beg leave to represent that it appears by Mr. President Smith's
letter that warning was given to the French, they were told,
and indeed natural justice might instruct them, in what manner
the English Government would be obliged to act in case these
depredations were continued. But quite different has been
the conduct of the French towards us, for the first notice H.M.
subjects received of the French King's Edict of 1727, was by
the burning of two of their sloops at Sta. Cruz. This affair has
already been laid before your Grace together with the minutes
of the Councill of St. Christophers thereupon, and the petition
of the two unhappy sufferers, owners of the said sloops, who
have since been reduced together with their familys to the lowest
degree of poverty and distress. The methods prescribed in
your Grace's letter for demanding restitution by a declaratory
sentence have met with so little success, that the said Capt.
Barnsly, Commander of H.M. ship Namure, who carryed such a
demand to Guardeloup for Mardenburg sloop mentioned in the
papers, received no other answer from the French but this,
namely that he might begin to make reprisals as soon as he pleas'd,
where he should take one vessel they would take ten. Governour
Mathew weary of seeing H.M. subjects under his government
used with such severity and contempt, beaten, imprison'd and
thrown into dungeons without the common necessary s of life,
and even in the case of touching at uninhabited islands thro'
distress as appears by the annexd papers particularly, thought
it his duty to fit out and man a very large sloop at his own
expence for the purposes mentioned in the papers. 'Twas
then at last that Mons. Champigny began to see the rigour of
his Master's Edict, and declares he will represent it to his Court.
So hard was it for the French Governour to see the irregularity
of his own proceedings, till Mr. Mathew pointed it out to him
by a resentment, which we hope your Grace will esteem, not
only just, but even necessary for the vindication of H.M. honour,
and for the security of the commerce of his subjects. Memorial-
ists apprehend it to be highly reasonable that the charges which
Governour Mathew has been at by the breach of the said Treaty
on the part of the French, should be born out of the seizures he
has made, and that the Crown of France should either be obliged
to revoke the said Edict of 1727, or else that all H.M. Governour's
in America may have full liberty to construe the Treaty of
Neutrality as the French do. If coming within a league of the
French shores is actually coming to trade, and if what is called
a design to trade is trading tho without any proof of such design,
then it follows that their coming within a league of our shores
is with an intent to trade, and is trade, and that we ought to
condemn as they do, for with great submission what is law to
one nation ought to be so to another, in the construction of
all Treaties whatsoever. Upon the whole we beg leave to referr
your Grace to the annexd papers for many more particxilars
AMERICA AND WEST INDIES. 195
1736. [290]
of importance relating to this affair, humbly relying upon your
Grace's goodness to construe in the most favourable manner
what we have endeavoured to explain with regard to Governor
Mathew's conduct, watchfullness and zeal for H.M. service,
and for the protection and welfare of his subjects, beseeching
your Grace at the same time to move H.M. for his gracious
approbation of the measures the said Governour Mathew has
taken herein, and to give such orders as H.M. in his wisdom and
justice shall think fit for the relief of his subjects against the
daily interruptions in their trade, and the other oppressions
and hardships they suffer in their persons from the insults and
depredations of the French in America. Signed, for Jno. Yeamans
Esqr. and Self., Ri. Coope. Endorsed, Reed, (from Mr. Coope)
4th, Read 16th Nov., 1736. 5^ pp. Enclosed,
296. i. Extracts from Treaty of Peace and Neutrality, French
Edict, 1727, Governor's Instructions, and copies of
depositions, and correspondence of Duke of Newcastle,
Governor Mathew, President Smith (Nevis), and Marquis
de Champigny, 1732-1736, referred to in preceding.
Same endorsement, 41 pp. [(7.0. 152, 22. ff. 160-162 v.,
163 v., 164 v-183, 184, 184 v., 185 v. and 156-158 v.
another copy].
April 30. 297. Mr. Peagrum, Surveyor General of the Customs in
Boston. N. America, to Mr. Popple. Reply to his enquiry of 12th Dec.
last, as to what has been the effect of the bounty given by the
Province Act of 1735, to encourage the raising hemp and flax.
The bounty has raised some people of industry and gentlemen,
to plant it in some few acres of land which have produc'd toller-
ably well. But so little of the land is suitable for it, and the
raising of it is attended with so great expence, and the term of
that act so short, besides their want of seed for the first year,
that the act has prov'd of no great consequence, tho' 'tis my
opinion if the bounty had been given for ten years the planters
wou'd have made a great progress in it. What views they had
for giving the bounty on flax I don't know, but am inform'd
there is little more of that produc'd than was before the bounty
was given. About forty miles from this place there is a town-
ship call'd Nuttfield inhabited chiefly by Irish who in the winter
employ themselves in making coarse linnen, and some fine has
been made by way of experiment only, but with greater expence
than it coud be imported at. What linnen they make more
than for then- own use they generally barter for British com-
modities. In the summer their time is spent mostly in subduing
their lands. What I have observ'd of the New England people
is, they are not much inclin'd to learn manufactures. But
their chief aim is to procure tracts of land, tho' there is no advan-
tage arises from their possession than to sell them at high rates
to persons that come over to settle, (which with submission I
take to be a hinderance to the growth of this part of the Con-
tinent), etc. Signed, Jno. Peagrum. Endorsed, Reed. 8th June,
Read llth Nov., 1736. 2| pp. [C.O. 5, 879. ff. 77-78 v.].
196 COLONIAL PAPERS.
1736.
May 3. 298. President Clarke to the Duke of Newcastle. After
New York. Governor Cosby's death I adjourned the Assembly with the
advice of the Council from the last tuesday in March to the last
tuesday in April, as the season of the year would not sooner
admit of their meeting, and then for two days more there not
being a majority in town, but on that last day to which I adjourn-
ed them, the members in town (being fifteen of the twenty seven
which compose the whole house) met, and haveing been severally
served by Mr. Van Dam with a copy of his protest against me,
and all that assist me (which I did myself the honor to send
to your Grace the sixteenth of March) and with it a letter, which
I now inclose, young Morris, Coll. Morris's son, a member of
the House desired he might be heard before the Speaker took
the Chair, and made an harangue to the like effect as Van Dam's
letter, and then pul'd out of his pocket and read and offered it
to the members to sign it, a declaration which was printed the
next day with Van Dam's letter, and which I do myself likewise
the honor to inclose, but tho the members then present would
not sign it, yet they went away without makeing an House,
and are so much intimidated that I doubt they will not sit till
H.M. pleasure be signifyed on Van Dam's suspension. Tho the
letter, my Lord, be in Van Dam's name and signed by him, he
is to be considered as a weak old man given up to the management
of Mr. Alexander, one of the Council, and to young Morris in his
father's absence, being perhaps ignorant of the tendency of
these things that are done in his name, I will not presume to
speak my thoughts of them to your Grace, who can at one view
see clearly into the design and consequences that must ensue if
a check be not speedily put to them ; but this I am bold to say
that, if H.M. will be pleased to signify his approbation of Van
Dam's suspension, to remove Alexander from the Council, and
to confirm Mr. De Lancey in the Chief Justiceship, the Assembly
will then sit and act as becomes them, the spirit of faction will
dye and the province enjoy its former quiet, for it is only the
hope of seeing Van Dam and Morris restored and Alexander
continued in his seat at the Council Board that keeps the mob on
their side in expectation of favours. I humbly implore your
Grace to take me into your protection to put it out of Van Dam's
power to ruin me, as he will certainly attempt to do if he be
restored, and to keep H.M. best subjects, who are the most
eminent and considerable men in the province from falling
under the power and resentment of the implacable enemies of
the Government who in truth are in gross the meanest of the
people. There is nothing of such immediate necessity for the
Assembly's sitting but what may be done by them in the fall,
and by that time I presume to hope I shall have the honor to
receive from your Grace the signification of H.M. pleasure :
in the meanwhile I will keep them on foot by short adjourn-
ments, preserve the peace of the province and act with the utmost
moderation in all things. I shall be obliged my Lord to live at
a very great expence not only to support the honor and dignity
of the Government but to incourage and countenance all that
AMERICA AND WEST INDIES. 19?
1730. [298]
are faithfull to it, I shall have few or no opportunities as others
have had to make any money, because of the opposition that
Van Dam gives me. I presume therefore to hope from your Grace's
goodness and protection that H.M. will give me the whole salary,
which will be no injury to a Governor, he not being intituled to
any but from his arrival here, and Mr. Van Dam after Coll.
Montgomerie's death took it without the King's warrant. If
upon the confirmation of Van Dam's suspension, the removeal
of Alexander from the Council Board and the confirming Mr.
De Lancey in the Chief Justiceship, I have the good fortune, as
I am confident I shall, to reclaim the people to their duty and to
heal their divisions, I likewise presume to hope that H.M. will
be graciously pleased to continue me for some time longer in
the administration of the Government that I may not leave it
poorer than I entered on it, if your Grace will be pleased to
give me your protection. I do myself the honor to inclose to
your Grace a letter from Mr. Philipse, Speaker of the Assembly
to me covering Mr. Van Dam's to him, this is the last and great
effort of the faction, in every other part of my administration
I assure your Grace I am easy, a majority of the Council being
with me in all things wherein their advice or consent is necessary
and the province in general easy under it, and busines goes on
as usual, etc. I do myself the honor to inclose to yr. Grace some
proofs of Mr. Alexander absenting himself from Council. Signed,
Geo. Clarke. Endorsed, R. July 6th. 4 pp. Enclosed,
298. i. Col. Philipse to President Clarke. April 30, 1736.
As I was yesterday going to the Assembly Chamber,
I mett in the City Hall a servant of Mr. Rip Van Dam,
who told me Mr. Rip Van Dam had sent that packett
to me, and then delivered into my hands the inclosed
letter signed by Mr. Rip Van Dam, as likewise his
protest ; when I came into the Assembly Chamber I
found some of my brethren there, and presently after
we were fourteen members (being the majority of the
whole house) some one of us then said Are we not enough
to make a house ? whereupon Coll. Morris junr. desired
to say something previous to the Speaker's taking the
chair ; he immediately read a paper (I think he called
it a speech) and then read another which he called
a declaration. Having read the same, he asked the
members to sign it etc. I believe nobody did, for I have
this day seen a declaration in print to ye same purpose
without any name subscribed thereto etc. Signed, Fred.
Philipse. 1| pp.
298. ii. Letter from Rip Van Dam Esq. to the Members of
the Assembly. New York, April 26th, 1736. Recounts
claim to. the Administration (v. llth March), to which
if Mr. Clarke has not the right, it is a high crime in him
to have taken it upon him etc. Warns them against
meeting and acting as members of the Legislature
if it should appear that the authority of Clarke, by
virtue of which they do it, was not good. The General
198 COLONIAL PAPERS.
1730. [298 ii.]
Assembly, which stood adjourned to the last Tuesday
of March, Clarke did not suiter to meet, but under
colour of the authority assumed by him, adjourned
them to a farther day, " whereby for want of an adjourn-
ment or prorgation by a lawful authority, on the said
last Tuesday of March, the said late General Assembly,
as I conceive, immediately after the said day, became
dissolved," etc. If the General Assembly had met
on the said last Tuesday of March, which by lawful
authority they might have done and adjourned them-
selves from time to time, I intended to have laid my
claim etc. before them for their examination, etc. ; but
now, that Assembly having no existence, unless Mr.
Clarke's right be good, their very taking upon them to
enter into the examination of Mr. Clarke's right or
mine, or doing any other act as a body, is of itself
determining the point against me, and should I submit
my right to their examination, it would be an acknow-
ledgment of his right to adjourn them, and consequently
to take upon him the administration. Exhorts them to
do what is most honourable and safe for their own
persons and estates, and for their country and posterity,
etc. Signed, Rip Van Dam. Printed. 1^ pp.
298. iii. Declaration read by Lewis Morris jr., at a meeting of
sundry members of the Assembly of New York, " that
stood adjourned, by their own adjournment to the
last Tuesday of March last." April 29, 1736. Fifteen
members present. The document (which was not signed)
declares their agreement with Rip Van Dam's argument
(No. ii). The Council, it suggests, having sworn George
Clarke into the administration without giving Rip
Van Dam any opportunity to be heard to his claim ;
and the Assembly having been adjourned by Clarke,
and therefore dissolved, if he had no right to do so ;
and the opportunity of examining Van Dam's right
being thus lost, except by the verdict of a jury ; they
think that, if Clarke is adjudged to have been in the
wrong, he and those who aid and abet him may be
held guilty of one of the highest crimes. If, therefore,
they meet as members of a General Assembly, it is
not possible for them to know but that they are criminal
for so doing. They cannot therefore be under any
obligation to act so. Concludes : We are not so fond
of our seats in the Assembly, as to desire to retain
them at the hazard of our lives, the risque of our estates,
and the ruin of our families, especially considering
how ardently and universally our country has for some
years desired a new election of their Representatives
etc. Refuse therefore to act as Members of the Legis-
lature, till by a legal and sufficient authority it be
determined that George Clarke had the right to take
the administration upon him, and consequently to make
AMERICA AND WEST INDIES. 199
1730. [298 Hi. J
the adjournment aforesaid etc. Upon which Declaration
a very great majority withdrew, resolving not to act.
No Signatures. Printed. 2 pp. Copy. Signed and
sealed by, the Mayor of New York, Paul Richard.
298. iv. Adolph Philipse, Speaker of Assembly, to George
Clarke, 29th April, 1736. Received letter and protest
from Rip Van Dam, as No. i, which he opened in the
Assembly Chamber. Continues : After some stay
there, only twelve members appeared, and it being
reckoned up that there were three more in town, the
Doorkeeper was sent for them. And before the last
of them came in, it was asked whether we were not a
number sufficient to make a House. Upon which
Collo. Lewis Morris, junr. (Member for the burrough
of Westchester) reply ed We are, but beggd leave to
say something first : and pulling two papers out of
his pocket, he read, first a pretty long speech, tending
to perswade the members, that they could not legaly
sitt or act ; and then a long Declaration to that purpose
which he proposed they should sign. I gave some
reasons why I conceived we had as good a right to
act now, as ever the Assembly had upon any adjourn-
ment heretofore ; and declared my resolution not to
sign such a Declaration as Collo. Morris proposed ;
who thereupon said he w r ould sign it, tho all the other
members declin'd it. Soon after which some members
withdrew, and, others following, no House could be
made etc. Signed, A. Philipse. 2^ pp.
298. v, vi. Duplicates of No. ii.
298. vii. Duplicate of No. Hi.
298. viii. Deposition by Frederick Morrice. 3rd May, 1736.
Since the death of Governor Cosby 9 Councils have
been held at Fort George. James Alexander was not
present at any one except on the 10th March. Signed,
Fred. Morice. f p.
298. ix. Deposition of Jeffery Cox, Deputy Door Keeper
and Messenger of the Council. May 3, 1736. Deponent
summoned Alexander to above Councils, and left
notices for him at his house etc. Signed, Jeffery Cox.
1 p. [C.O. 5, 1093. ff. 388-389 v., 390 v., 391 v., 393-396,
398, 399-401, 402].
May 5. 299. Sir Wm. Keith to the Council of Trade and Plantations.
It was in Sepr. last twelve months that I had the honr. to make
my humble application to your Grace to favour my being
appointed H.M. Lt. Governour of New Jersey in America. But
your Grace declining at that time to approve of separating the
Government of that small province from New York, dureing
Mr. Cosby's administration, I reddily desisted from further
solicitation etc. The certain accounts of Mr. Cosby's death
gives me room with great humility to renew my former applica-
tion to yr. Grace, and as it is a thing which His Majtie did formerly
200 COLONIAL PAPERS.
1736. [299]
approve of, I humbly hope your Grace will be so good, in regard
to my diligent application heretofore in the public service, and
my long attendance at London out of bussiness, to favour me
with your countenance on this occasion, presuming that my
capacity and character will be certified to your Grace by Sir
Robert Wai pole, the Duke of Montague and Sir Charles Wagers
etc. Signed, W. Keith. Holograph. 2 pp. Enclosed,
299. i. William Skinner to [? Sir W. Keith] Amboy., March
15, 173f . Refers to letter via Antigua. Continues :
Coll. Cosby died the tenth of this instant, worried out
of his life by a sett of men, whose names it is needless
to mention ; and it is well if their malice is ended
with his death. For if they employ 'd a Press merely
to throw all the dirt they could devise, even while the
gentleman was upon a death bed, and that for three
moneths at least, and his life every day despaired of ;
if the melancholy abodings of his distress'd family and
the tears of his Lady could not then prevail with ym.
to be better natured, it is in vain to think they will
forbear to be outragious still, if it is in their power
so to be. But be that as it will, the Province of New
Jersey is resolved to apply for a separate Governour.
The Council is to meet in two or three daies time, and
the Assembly will be called together as soon as possible ;
but to gain time, you will, pr. first, have recommended
to your care the Council's Memorial expressing the
sense of the people, and soon after you will hear from
the Assembly, whose thoughts (I dare say) will be the
same ; for the whole Province is bent upon having a
separate Governour, and they say will support him as
becomes his character. I believe they are in good
earnest, but to render the support effectual and them
a happy people, much will depend upon the address
and capacity of the first Governour that is appointed,
for if he can but render himself acceptable to the people,
everything will be in his power. I heartily wish you
may have sufficient interest with your Royal Master
and those great men about his throne to obtain this
Govrmt., for yourself, for the cry, yea the prayer here
is, May it be His Majesty's pleasure to send us Sir Wm.
Keith for our Governour etc. Signed, Will Skinner.
H PP- \G.O. 5 > 983 - ff- 6 - 61 v.].
May 7. 300. Duke of Newcastle to the Council of Trade and Planta-
Whitehall. tions. Encloses following for their report upon the state of the
case and what may be proper to be done thereupon. Signed,
Holies Newcastle. Endorsed, Reed., 12th, Read 13th May,
1736. 1 p. Enclosed,
300. i. Mr. Shirley to the Duke of Newcastle. Boston,
March 1, 173|. The person who has the honour
to deliver this into your Grace's hands is the Chief
Sachem of the Mohegan Indians, who are a considerable
AMERICA AND WEST INDIES. 201
1736. [300 i.]
tribe adjoining H.M. Colony of Connecticut in New
England : He comes to England in order to lay before
H.M. a complaint against the Government of that
Colony for unjustly depriving his tribe of their hunting
and planting lands upon which they wholly subsist.
The same complaint was made by his grandfather
Owenecoe to her late Majesty, Queen Anne, who was
pleased to issue out her Commission under the Great
Seal of England directed to Governor Dudley and
others to enquire into and determine the complt., and
a Court was accordingly held, the unanimous judgment
of which was, that the Indians were unjustly deprived
of their lands, and orders were issued out to the Govr.
and Company of the Colony of Connecticut pursuant
to the Queen's Commission, to restore the Indians to
the possession of their lands ; but the same have not
been comply ed with, and the Indians have not only
been amused with fruitless promises, but further en-
croachments have been made upon them, insomuch
that they can't subsist themselves upon the lands
now left them ; and they are in danger of falling off
from the English, to which your Grace will perceive
by the inclosed, which is a copy of what the bearer
designs to present to H.M. ; they have ever been faithfull
friends and allies in all their wars with the French and
Indians, which would be of mischievous consequence
to H.M. settlements here in time of war etc. Recom-
mends the bearer and his case to his Grace's patronage etc.
Continues : The gentleman who has likewise the
honour to wait upon your Grace with the Sachem was
appointed Guardian of the Mohegan Indians by her
late Majesty's Court of Commissioners at the request
of the Indians. His grandfather and father before
him had the same trust reposed in them by the Indians
and confirmed to them by the General Assembly of
the Colony : he bears an exceeding good character,
and has supported the Indians with large sums of
money against the unjust proceedings of the Colony
of Connecticut ; and it is solely at his expence that
the Indian Sachem and his companion are transported
to England, which seemed necessary to him to be done
in order for their obtaining justice, tho' the maintenance
of them there will be more than his circumstances will
beared. Signed,V?m. Shirley. Copy. 3pp. Enclosed,
300. ii. Petition of the Chief Sachem of the Mohegan Indians
to the King. May it please your Majesty to permit
your vassell Mahomet, Chief Sachem of the Moheagan
Indians to approach the Throne, imploring your Royal
Protection against the injuries and wrongs, which
he and his people suffer from your Majesty's subjects
of the Colony of Connecticutt in New England ; vouch-
safe him your Gracious ear whilst he informs your
202 COLONIAL PAPERS.
1730.
Majesty that upon the first arrival of the English in
his Ancestor's Territories in the time of your Majesty's
Royal Predecessor King Charles the First ; His Great
Grandfather Unchas, a Sachem of warlike and famous
memory both among the English and Indians, received
and entertained them with the highest terms of hos-
pitality and friendship, freely affording them large
tracts of land for their new Settlements. That soon
after yt. seating themselves there the Pequot Indians,
then the most potent and formidable of all the tribes
in those parts, viewing the English with a jealous and
evil eye and being flushed with the murder of some of
their men, and much superior to them in number and
strength form'd a design and confederacy, into which
they strongly invited the Moheagan and Narrowgansett
Indians to cutt of the Infant Colony ; in this dangerous
crisis your Petitioner's Ancestor brought over his tribe
to the timely assistance of the English, who under
the conduct of the most renown' d soldier Major John
Mason, with Sachem Unchas for their guide, surpriz'd
and destroyed seven hundred of the enemy in one of
their Forts, and after severall engagements with them
utterly extirpated their whole tribe, to the establish-
ment of the English Colony. For these good services
to the English Sachem Unchas and his people were
look'd upon as a common enemy by the neighbouring
Indian tribes, who combined together against them,
closely beseiged them in their Forts, and had utterly
destroyed their Tribe, had not their brave and faithfull
friend Major Mason with his men assisted them and
rescued them. That soon afterwards Sachem Unchas
entred into a firm league of Alliance with the English,
with whom he and his descendants, and his whole
Tribe have ever inviolably kept faith, constantly
assisting them in their wars against the French and
Indians with a hundred and fifty fighting men, and
sometimes a far superiour number, doing them many
signall services, and from time to time making them
free gifts and grants for small considerations, of severall
tracts of their land, by which the Government of
Connecticutt now holds twenty-one of their towns,
being the greatest part of their Colony. This league was
renewed some years after in the time of your Majesty's
Royal Predecessor, King Charles the Second, who was
pleas'd as a token of his acceptance and acknowledgment
of the Moheagans' services to His Colony to Connecticutt
to honour them with his Royal Notice by sending a
Sword and a Bible. And the Government of Con-
necticutt in that Treaty stipulated with them, that
upon complaint of any grievance or wrong done them
the Generall Court should do them equal justice with
the English ; and in the year of Christ one thousand
AMERICA AND WEST INDIES. 203
1730. [300 ii.]
six hundred and eighty four a survey was made of the
bounds of the Moheagan Lands and put upon the
Colony Records by order of their General Court, and
those lands which your Petitioner's ancestors had
reserved to themselves and their tribe for their hunting
and planting grounds, were Eight years afterwards
confirmed by Act of the Act of Generall Court to Sachem
Owenecoe, the eldest son and heir of Unchas, and to
his son Mahomet, your Petitioner's father, and their
heirs and successors unalienably. Hitherto good faith
and friendship were maintained by the English towards
the Moheagans. But at last, may it please your
Majesty, a generation arose in the Colony of Connecti-
cutt, who knew not Unchas, and his successors but did,
contrary to the faith of their Fathers' Leagues, their
Publick Records, and the terms the Roy all Charter,
enchroach upon the remainder of the Moheagan lands,
which your Petitioner's ancestors had reserved to
themselves and their people for their hunting and
planting grounds, and by an Act of their Assembly
distributed great part of the same among severall of
their towns, and the Moheagans were threatened to
be slain if they came upon those lands. Notwith-
standing these infractions made by your Majesty's
Colony upon the ancient friendship and alliance between
them and the Moheagans, Sachem Owenecoe and your
Petitioners' father Mahomet kept faith with the
English, continuing their firm adherance and services
to them in the time of the French Warr, nor was ever
the blood of one English man spilt by any of their
tribe, tho' much injur'd and greatly dissatisfied at
their dealings with them, but on the contrary the
Moheagans have shed their best blood in defence of
the English. At length being quite tired out with
oppression, and dispairing of redress from the Generall
Court of the Colony, Sachaem Owenecoe, your Petition-
er's grandfather, remonstrated against these grievances
to her late Pious Majesty Queen Anne, who was pleased
in justice and compassion to the Moheagans, to cause
her Royal Commission to be issued out under the
Great Seal of England, directed to his late Excellency
Joseph Dudley Esq., then Governor of Her Majesty's
Province of the Massachusetts Bay, the late Honble.
Nathll. Byfield Esq. and others Her Majesty's Subjects
to hold a Court of Enquiry, Examination and deter-
mining of the complaint of Sachem Owenecoe against
those persons who had deprived him of his lands, which
was accordingly held at Stonington in the Colony of
Connecticutt in the fourth year of Her said Majesty's
reign, whereupon full proofs of the justice [of] Oweneco's
complaint by living witnesses, and the Colony Records,
it was consider'd and determined that Oweneco and
204 COLONIAL PAPERS.
173G. [300 ii.]
the Moheagan Indians should immediately be put
into possession of their lands ; and the Governor and
Company of Connecticutt were order'd by Her Majesty's
said Court to put them into possession accordingly
and to pay all costs. But your Majesty's Colony of
Connecticutt have refused to pay obedience to Her
late Majesty's Commission and the determination of
Her Court, and have not restored either your Peti-
tioner's said late grandfather, who surviv'd your Peti-
tioner's father, or your Petitioner since his grand-
father's decease, and his people, to any part of their
lands of which they had so unjustly deprived them,
and have not only amus'd them with fruitle&s promises
for these thirty years' past, but in the life time of
Owenecoe proceeded further to deprive the Moheagans
of the small remainder of their lands, and your Peti-
tioner and his tribe are now reduced to less than two
miles square out of their large territories for their
hunting and planting, and that land so rocky that
they are not able to subsist upon it. Wherefore your
Petitioner and his tribe, being now reduced to the
miserable necessity of leaving their native lands, unless
your Majesty will extend your Royall Justice and
Protection to them which they are encouraged to hope
from their experience of your late pious Predecessor's
Goodness, and your Majesty's known virtues, the fame
of which has reach'd their ears ; your supplicant has
presum'd to appear personally before your Majesty,,
praying that he and his people may be restored to, and
protected in that part of their Ancestors' lands which
they had reserved to themselves and their tribe for
their hunting and planting, which has been confirmed
to them by Acts of the Colony, and adjudged to them
by Her late Majesty's Commissioners ; and that after
having approved themselves for the space of one
hundred years faithfull friends and allies to your Colony
of Connecticutt, and true to your Majesty and your
Royal Predecessors against all your enemies, they
may not now be forced to fly to some neighbouring
Indian tribe for subsistance, who are friends to the
French and enemies to the English in the time of
Warr, but obtain a redress of their grievances from
your Majesty's Royal Justice, for which may the just
God the Avenger of Wrongs, and Protector of Good
Princes shower down happiness and blessing on your
Royal Person and Crown your reign with true glory,
which is the sincere prayer of your Majesty's most
obedient and faithfull vassall, Mahomet. Endorsed,
Reed. 12th, Read 13th May, 1736. Copy. 5 pp.
[(7.0. 5, 1268. ff. 186, 187-188 v., 189 v., 192-194 v.,
195 ?;.].
AMERICA AND WEST INDIES. 205
1736.
May 7. 301 . Council of Trade and Plantations to the King. A
Whitehall, memorial was lately presented to us by Mr. Samuel Jenner,
Agent for a great number of Swiss Protestants who are desirous
to transport themselves and familys at their own expence to
North Carolina, provided they might obtain the following con-
ditions, quoted. Continue : Upon these conditions we are
humbly of opinion that your Majesty may be graciously pleased
to permit the said Six Thousand Swiss to settle in the Province
of North Carolina, which will thereby receive a considerable
augmentation of useful inhabitants, by whose means your
Majesty's quit rents will hereafter be encreased and a foundation
laid for enlarging the trade and navigation of this Kingdom.
And if it should be your Majesty's Royal pleasure to comply
with these proposals, we would further humbly offer that the
Governor of North Carolina may receive your Majesty's orders
to recommend it to the Assembly of that Province to defray
the charge of surveying the lands to be set out and of issuing
the grants which shall be made to the said Switzers or that they
may be eased of the expence attending the said surveys and
grants in such other manner as to your Majesty in your great
wisdom shall seem proper. [C.O. 5, 323. ff. 116-119].
May 12. 302. Richard Coope, Agent for St. Christophers, to the
Council of Trade and Plantations. Abstract. Has received
213 barrels, 213 locks and 240 screwpins of muskets, which were
saved out of the ruins of H.M. Magazine on Brimstone Hill,
that was blown up by lightning about four years ago, with orders to
make proper application that they may be received into the Tower,
and be either repaired there at H.M. expence, or a like number
of muskets with bayonets and slings delivered in their stead,
with 300 cartouch boxes, sword belts and frogs for bayonets,
which are much wanted etc. Prays the Board to recommend
dispatch of these stores of war. Endorsed, Reed. Read 12th
May, 1736. 1 p. [C.O. 152, 22. ff. 59, 64 v.].
May 12. 303. Mr. Yeamans, Agent for Antigua, to Council of Trade
and Plantations. Refers to memorial of Sept. last, laying before
the Board the justice and necessity of obliging the French to
evacuate Sta Lucia, St. Vincent and Dominica. Continues :
By undoubted intelligence which memorialist has received
from abroad, it appears that the French at Sta. Lucia are now
encreas'd to tenfold the number of families they were about a
year past etc. The surprising assiduity of the French to get
footing in the said islands is a convincing proof of the danger
of them when in their possession to the trade of great Britain,
and of how much consequence they esteem them to be to the
trade of France. 'Tis much easier to put a stop to evills of this
nature in the beginning than after a right is set up by long
possession, and the possessors become too powerfull to be remov'd
but by force of arms etc. Prays the Board's permission to
enforce the prayer of his former memorial etc. Signed, John
Yeamans. Endorsed,, Reed. Read 12th May, 1736. 2 pp. [C.O.
152, 22. ff. 60, 60 v., 63 v.].
206 COLONIAL PAPERS.
1736.
May 13. 304. Council of Trade and Plantations to the King. Enclose
Whitehall, following for H.M. approbation. Annexed,
304. i. Draught of H.M. Additional Instruction to Governors
of the Plantations. Whereas We were pleased by our
Order in our Council of the 29th of April last, to declare
Our pleasure that in the morning and evening prayers,
in the Litany, and in all other parts of the Publick
Service as well in the occasional offices as in the Book
of Common Prayer where the Royal Family is appointed
to be particularly prayed for the following form and
order should be observed, " Our Gracious Queen
Caroline, their Royal Highnesses Frederick Prince
of Wales, the Princess of Wales, the Duke, the Prin-
cesses, and all the Royal Family." And to the end,
that the same form and order may be observed in all
our Plantations in America ; it is Our express will
and pleasure that you cause the same to be forthwith
published in the several parish Churches and other
places of divine worship within [Our said Plantations
under] your Government, and that you take care that
obedience is paid thereto accordingly. [C.O. 324, 12. ff.
220-224].
May 13. 305. Order of Committee of Privy Council. Agreeing to
Whitehall, the proposal of the Lords Commissioners for Trade and Planta-
tions, Nov. 26th last, upon the petition of George Morley, and
ordering them to prepare a draught of an Additional Instruction
to the Commander in Chief of S. Carolina accordingly. Signed,
W. Sharpe. Endorsed, Reed. 3rd., Read 18th June, 1736. 1 p.
[C.O. 5, 365. ff. 77, 78 ;.].
May 13. 306. Council of Trade and Plantations to the Committee
Whitehall, of the Privy Council. Enclose following, pursuant to the order
of 18th March, 1735. Cf. Aug. 13, 1735. Annexed,
306. i. Draft of H.M. Additional Instruction to President
Morris. Whereas complaint hath been made unto Us
by several of our good subjects Merchts. trading to
Our Plantations in America that an Act having been
pass'd in our said Province of New Jersey under your
Government in 1733, entituled An Act for the further
support of this Government, in which a duty of forty
shill. p. ton. is laid on all copper ore exported out of
that Province to any of the neighbouring Colonies
and every person or persons, before he or they do lade
or take on board the said copper ore are obliged either
to pay to the Collector or Collectors of the Customs
or their Deputies the said duty or to become bound
to the said Collectors with good security in the sum
of one thousand pounds mony of Great Britain, on
condition to carry the copper ore by him or them to
oe shiped directly to some port or place in Great Britain,
AMERICA AND WEST INDIES.
207
1736. [306 i.J
May 14.
Admiralty
Office.
May 18.
Virginia.
and not to any of the neighbouring Colonies or Planta-
tions. It is Our Will and Pleasure that you move the
General Assembly of that Province at their first meeting
to pass a law which may re-enact the several clauses
in this Act except such as relate to the duty of 405.
a ton upon copper ore and to the bond thereby required
to be given, which duty shall not be made payable nor
the bond lyable to be forfeited but only in case such
vessel shall break bulk in such other Colony or Planta-
tion and that the said ore shall be there sold or other-
wise disposed of. [(7.0. 5, 996. pp. 385-389].
307. Mr. Corbett to Mr. Popple. Capt. Towry of H.M.S.
Shoreham being under orders to proceed to Cano in a few days,
asks for Heads of Enquiry for him etc. Signed, Thos. Corbett.
Endorsed, Reed. 15th, Read 18th May, 1736. 1 p. [C.O. 217,
l.ff. 170, 175 v.].
308. Lt. Governor Gooch to Mr. Popple. I lately had
the favour of yours of the 18th of December last, signifying
the pleasure of my Lords Commissioners for Trade, that I should
inform them of the reasons which induced the Assembly to
pass the Law in 1723 Chap. 4th. depriving free negros and
mulattos of the priviledge of voting at any election of Burgesses
to serve in the General Assembly, or at any other Elections.
In answer thereto it is to be noted, as I am well informed, that
just before the meeting of that Assembly, there had been a
conspiracy discovered amongst the negros to cutt off the English,
wherein the free negros and mulattos were much suspected to
have been concerned (which will for ever be the case) and tho'
there could be no legal proof so as to convict them, yet such
was the insolence of the free negros at that time, that the next
Assembly thought it necessary, not only to make the meetings
of slaves very penal, but to fix a perpetual brand upon free negros
and mulattos by excluding them from that great priviledge of a
Freeman, well knowing they always did, and ever will adhere
to and favour the slaves. And 'tis likewise said to have been
done with design, which I must think a good one, to make the
free negros sensible that a distinction ought to be made between
their offspring and the descendants of an Englishman, with
whom they never were to be accounted equal. This, I confess
may seem to carry an air of severity to such as are unacquainted
with the nature of negros, and the pride of a manumitted slave,
who looks on himself immediately on his acquiring his freedom
to be as good a man as the best of his neighbours, but especially
if he is descended of a white father or mother, lett them be of
what mean condition soever ; and as most of them are the
basterds of some of the worst of our imported servants, and
convicts, it seems no ways impolitick, as well for discouraging
that kind of copulation as to preserve a decent distinction
between them and their betters, to leave this mark on them
until time and education has changed the indication of their
208
COLONIAL PAPERS.
1736. [308]
spurious extraction, and made some alteration in their morals.
After all the number of free negros and mulattos entitled to
the privilege of voting at elections is so inconsiderable, that
tis scarce worth while to take any notice of them in this partic-
ular, since by other Acts of Assembly now subsisting they are
disabled from being either jurymen or witnesses in any case
whatsoever, and so are as much excluded from being good and
lawful men, as villains were of old by the Laws of England.
It will, no doubt, some yeers hence, be fitt for an House of Bur-
gesses to consider to what degree of descent this incapacity
shall extend, but at present there is a necessity of continuing
of it on the foot it is. This you will be pleased to communicate
to their Lordships with the true account of the motives for the
passing the Law in 1723 and the present disposition of the
Country to continue it. Signed, William Gooch. Endorsed,
Reed. 10th Aug., Read 7th Oct., 1736. 2\ pp. [0.0. 5, 1324.
ff. 19, 19 v., 22, 22 .].
May 19.
Whitehall.
309. Mr. Popple to the Board of Works. Reminds them
of his letter of Feb. 24, and requests them to give the directions
desired, the reasons mentioned in that letter having now become
more pressing. [(7.0. 389, 37. p. 371.].
May 21. 310. Order of King in Council. Confirming Act of Pennsyl-
St. James's, vania for the more effectual vesting certain lands in George McCall,
the Committee of Council for Plantation affairs having reported
that when they were proceeding to hear the petitioner, William
Penn, against it, his Counsel declared that he now waved all
opposition to it etc. Signed, W. Sharpe. Endorsed, Reed. 8th.,
Read 22nd June, 1736. 1| pp. [C.O. 5, 1268. ff. 205, 205 v.,
206 t?.].
May 21. 311. Governor Belcher to the Council of Trade and Planta-
Boston. tions. Acknowledges letter of 18th Dec., and is glad the Board is
pleased with his interview at Deerfield with the French Mohawks.
Concludes : As to the present made them, it was wholly at the
charge of this Province etc., and not of the Crown (as it is at
New York, Carolina etc.) nor have the Lords of Trade and Plan-
tations ever till now desir'd to be inform'd what the said presents
were, or the value, altho' it has been the practice of all Govrs.
from the first settlement of this Province, to have interviews
with the Indians from time to time etc., but since your Lordships
now seem to desire it, I inclose a copy of the particulars of the
present, and its value (being about 120 sterling) etc. Signed,
J. Belcher. Endorsed, Reed. 13th July, Read 16th Sept., 1736.
2 pp. Enclosed,
311. i. Invoice of goods laden on board the sloop Speedwell
designed for a present to the Indians in the interview
at Deerfield. Value, 600. Boston, July 28, 1735.
Signed, J. Wheelwright. 1 pp. [C.O. 5, 879. ff.
16-17 v., l&v.].
AMERICA AND WEST INDIES.
209
1736.
May 21. 312. Order of King in Council. Approving report of Com-
St. James's, mittee that the petition of Wavell Smith and Savile Gust is
irregular, containing different matters of complaint in different
islands, which come under distinct considerations and require
different methods of proceeding upon them. The petition is
dismissed, without prejudice to the petitioners preferring other
and distinct petitions according to the different nature of their
complaints etc. Signed, W. Sharpe. Endorsed, Reed. 8th
June, Read 25th Nov., 1736. 1| pp. [C.O. 152, 22. ff. 233,
242 v.].
May 21.
Boston.
313. Governor Belcher to Mr. Popple. The last month
came to hand your favour of 21st Deer., in answer whereto you
will please to inform my Lords of Trade and Plantations, that
the act for incouraging the raising of hemp and flax within this
Province has hitherto had very little effect, and it has chiefly
fail'd for want of the seed, which I have so long since earnestly
pray'd might be sent hither as a bounty from H.M. Seed is not
to be had here at any price, and if it was, the people, who are
to use it, are so poor, that they are not able to purchase it. It
was with great difficulty that I got the Assembly to give a bounty
on hemp, of about fourteen pounds sterling a tun, (and which
will expire in eighteen months more), and if the seed their
Lordships have recommended to be sent from the King is not
here some time before the next winter, that matter will fail
(in my opinion) to the great damage of the Crown, as well as
to that of the people, tho' (with great deference to their Lord-
ships) the last will be but trifling in comparison to the damage
it may be to the Royal Navy, for certainly it must be a great
thing to the Mother Kingdom to find their Plantations capable
of furnishing the Royal Navy, (the strength and glory of the
British Isle) with all things necessary to equip a first rate to the
sea and all to be paid for in their own woollen manufactures
(without exhausting the nation of its silver and gold.) I there-
fore hope their Lordships will recommend the sending the hemp
seed to effect, yet should it not come, I humbly hope to be
justify'd in doing my duty to H.M., and to his people on this
head. I believe the principal view of the Assembly here in
giving the bounty on hemp and flax was for incouraging the
manufacture of ripping and canvas, and not so much for fine
linnen, tho' the Irish people in a town, call'd Londonderry,
granted some years ago by the Province of New Hampshire,
make shirting linnen worth 5 shillings sterling a yard, and this
may serve in answer to what their Lordships ask about Irish
people, skill'd in the linnen manufacture, coming to instruct
the New England people therein. As to the Province of the
Massachusetts Bay, there are but few Irish in it, and indeed the
people of this country seem to have an aversion to them, so
that they find but little incouragement. Signed, J. Belcher.
Endorsed, Reed. 13th July, Read 16th Sept., 1736. 3 pp. [C.O.
5, 879. ff. 20-21 v.].
210
COLONIAL PAPERS.
1736.
May 24.
Boston.
May 24.
Boston.
May 24.
Boston.
314. Governor Belcher to the Council of Trade and Plan-
tations. This accompanys the remainder of the Journal of the
late House of Representatives of this Province from the last
I sent your Lordships to the time of their dissolution in April,
and I am sorry they would not come into the bill past by H.M.
Council for some better preservation of the King's woods, the
copy of which bill I have now the honour to cover to your Lord-
ships, and you will find it was only to set H.M. woods upon the
same footing, (upon a tryal of trespass) as that of all his subjects
of this Province. I have, my Lords, been urging the Assemblies
here from time to time to pass some law in favour of the Royal
woods, and am after all now oblig'd to say, in fidelity to H.M.,
that I have no expectation of anything of this nature to be done
here. I heartily wish the British Parliament would give a
bounty on Plantation pot-ash, and an additional one to that
on hemp. There has been, my Lords, within two years past
great discoveries of rock iron ore in a town of this Province
call'd Attleborough, and some furnaces lately set up ; the ore
I am told is very rich and the iron made from it is equal to the
best Spanish. I think a number of guns of 6 to 7 Ibs. weight
apiece have been lately cast at some of the ironworks in this
Province, and the metal and workmanship perhaps equal to
any that passes the proof at Woolwich. So that this Province
may in time produce timber, masts, iron, canvas, and rigging
sufficient for the whole Royal Navy, and must consequently
be more necessary to the Crown of Great Britain, than all the
Sugar Islands, and the whole North America besides, and so
deserve the greater care and encouragement of the Crown.
Thus your Lordships have the fullest and clearest accot. I can
give you of the circumstances of this Province at present, etc.
Signed, J. Belcher. Endorsed, Reed. 13th July, Read 16th
Sept., 1736. 3 pp. Enclosed.
314. i. Bill of the Massachusetts Bay for the more effectual
detecting and convicting such as cut, jell or destroy such
trees as are preserved for the use of the Royal Navy.
Rejected after second reading in the Assembly, March
23rd, 1736. Copy. 2 pp. [C.O. 5, 879. ff. 222-3 v. }
24 v.-25 v.].
315. Governor Belcher to the Duke of Newcastle. Duplicate
of preceding covering letter, mutatis mutandis. Signed, J.
Belcher. 4 pp. Enclosed.
315. i. Copy of Act enclosed in preceding. True Copy, Signed,
Simon Frost, Dept. Secry. 2^ pp. [C.O. 5, 899. ff.
215-218].
316. Governor Belcher to Mr. Popple. Acknowledges letter
of Feb. 27 and is obliged to the Board for the opinion of the
Attorney General as to the private Bank lately set up. Con-
tinues : With great deference to their Lordships, I would observe
upon this head, that without the interposition of the Legislature
of Great Britain, to prevent all emissions of what is call'd paper
AMERICA AND WEST INDIES. 211
1736. [316J
money in the Plantations, unless redeemable in a very short
period by silver or gold, the Mother Kingdom must go on to
suffer vast loss by their trade to these parts, for it has been the
constant course of things, that upon emission of such paper
currency all the product of the country has immediately risen
to the great loss of the people of Great Britain, who must take
it in payment for their goods, and the damages the people suffer
among themselves in all their trade and estates is inconceivable,
that an Act of Parliament of the nature I have mention'd would
be but taking a just regard to the trade of Great Britain, and
a very kind care of the King's people in the Plantations. This
you will lay before their Lordships from, Signed, J. Belcher.
Endorsed, Reed. 13th July, Read 16th Sept., 1736. 2 pp. [C.O.
5, 879. ff. 26, 26 v., 35 ' v.].
May 24. 317. Mr. Willard to Mr. Popple. Encloses Minutes of
ston. Council of the Massachusetts Bay to end of Feb., Journal of
Assembly Sept. and Nov., and Acts passed in Nov. 1735, etc.
Signed, Josiah Willard. Endorsed, Reed. 30th July, Read
20th Oct., 1736. | p. [C.O. 5, 879. ff.. 73, 76 v.].
May 24. 318. Depositions of Capt. John Mason, of New London,
Connecticut, and Samuel Mason his son. Abstract. Confirms
statements in petition of Mahomet, the Mohegan Chief [v. May
7. supra]. At the Court held at Stonington in Aug. 1705, the
Commissioners appointed to enquire into the differences between
Connecticut and the Mohegans ordered Capt. John Mason to
be Trustee and Guardian of Oweneco and his people. Deponent
hath many times since made application to the General Court
in Connecticut, and to several particular members, whom he
believed to be the leading men therein, that the judgment of
the Commissioners made in 1705 might be complied with, and
the Mohegans put into possession of their lands, but without
the least success : " for that, altho some very few members of
the General Court of Connecticut have, both publicly and privately
acknowledged that the Indians have been grievously wronged
and injured, yet the fair greater part of such members have
constantly, on such occasions, denyed the legality of the Queen's
said Commission and Court, and said that the Colony of Con-
necticut had a Charter of their own, and by that Charter had
Courts of their own, and that if the Indians wanted releif, they
must apply to such (last mentioned) Courts for it " etc. The said
judgment has been sett at nought and despised by the generall
body of the people in Connecticutt, whilst the Indians have
had more and other parts of their planting lands in Connecticut
taken away from them, " insomuch that the Mohegan Indians,
whom this deponent during all his knowledge in life has known
to be usefull and faithful 1 friends to the English, both in peace
and warr, and to whom the very settlement and preservation
of the Colony of Connecticut has been owing, according to the
accounts which this deponent always received from his ancestors
and many others of the English people in Conecticut, are now
212
COLONIAL PAPERS.
1736. [3 IS]
May 24.
May 24.
Admiralty
Office.
May 25.
Boston.
reduced to the narrow compass of two miles square of their
reserved planting lands in Conecticut, or thereabouts, but not
amounting to three miles square ; at which the said Indians
have exprest their complaints many times to this deponent,
charging the English people in Conecticut with the greatest
injustice and ingratitude towards them " etc. The small quantity
of land thus left them is not near sufficient for their tribes, and
many Mohegan Indians have already quitted that part, and
retired towards other Indians who have not been friendly to
the English. Although deponent has used his influence with
them to return, they have refused it, saying what should they
return for, when all their land is taken from them. Many more
have threatened to retire. The consequence whereof may be
very injurious to H.M. subjects in America ; to whom deponent
believes their friendship to be of very great service, etc. As the
last means to keep them there, deponent has now brought over
the Chief Sachem, grandson and only male descendant of Oweneco
etc. Unless some relief be afforded, deponent believes the greater
part of the Mohegans will instantly go off into other tribes of
Indians, the dangerous consequence whereof is rather to be
feared than particularly described. Samuel Mason confirms
above as from his first remembrance. John Mason adds that
in 1706 there was some endeavor or pretended endeavor by the
General Court of Conecticut to make some Treaty with the
Mohegan Indians, but the same was prevented from being con-
cluded by a vote of the Governor and Council in 1707, post-
poning that affair. Deponents do not believe the Mohegans
ever had the value of one penny of compensation from any
person in respect to their right to the lands adjudged by the
Queen's Commissioners to be delivered up to them, etc. Signed,
John Mason, Saml. Mason. Endorsed, Reed. Read 25th May,
1736.
319. Mr. Fane to the Council of Trade and Plantations.
Has no objection to 8 acts of St. Christopher, enumerated.
Signed, Fran. Fane. Endorsed, Reed. 31st May, Read 3rd
Nov., 1736. 2 pp. [C.O. 152, 22. ff. 134-135 v.].
320. Thomas Corbett to Mr. Popple. Abstract. Has given
heads of Enquiry relating to Canso, May 21, to Capt. Towry,
H.M.S. Shoreham. The ships appointed for the Newfoundland
Convoy are the same as last year, and under the same Instruc-
tions : Falkland, Torrington, Grampus, sloop. Signed, Tho.
Corbett. Endorsed, Reed. 24th, Read 28th May, 1736. Addressed
1 p. [C.O. 194, 10. ff. 23, 24 v.].
321 . Governor Belcher to the Council of Trade and Planta-
tions. This is to acquaint your Lordships that I am lately
return'd from a journey I have made to my Government of
New Hampshire, where I met a General Assembly, and notwith-
standing the insolence of the House of Representatives, of
which your Lordships will judge by the inclosed print, yet I
AMERICA AND WEST INDIES. 213
173(5. [321]
waited on 'em for about three weeks, to see if they would come
into any reasonable measures for supplying the Treasury, but
when I found they were so obstinate as that H.M. Council could
not possibly fall in with their arbitrary proposals, I say this with
their impudence to the King, oblig'd me again to dissolve the
Assembly ; and my Lords, Col. Dunbar may say to your Lord-
ships what he pleases in excuse and that he does not influence
to these things, yet it is very plain to all, that are near enough
to see it, that they are all carry'd out by his closest friends.
Perhaps it would be hard, my Lords, to make legal proof, that
Mr. St. John (late Lord Bolingbroke) and Mr. P-ltn-y help write
the invectives in the Craftsman against the Royal Family, and
the Ministry, yet I doubt not but your Lordships fully believe
it ; and I am, my Lords, as well satisfy'd of Mr. Dunbar's being
at the bottom of these things, as I can be of anything, I can't
make oath to. I really think it a mean way of spending life,
to be loving to do mischief, and not to be capable or inclin'd
to do any good. I was told, my Lords, at New Hampshire,
that he boasted of having copies of my letters to your Lordships,
while they contain nothing but facts and truth, he shall be
welcome (on my part) to print them. In July last he serv'd
me with copy of a complaint he had put in against me to H.M.
in Council to which my answer had lain in the Council Office,
when the last ships came away about seven months, and when
I was at New Hampshire I told him I thought it a hardship,
that his agent would not bring that matter forward to a hearing ;
and I believe your Lordships will think it so on a gentm. to
have a long lurry of complaint exhibited against him, and the
party being sensible of the groundlessness of some parts, and
of the falsity of others, to draw in his horns and to be afraid
to come to the test ; I say, my Lords, this is a hardship upon me,
and I have therefore directed my agents to press the matter
to a hearing, and to pray for H.M. Royal Order thereupon,
that this uneasy man may be quiet, if he can. I am, my Lords,
under no concern about his bickerings nor anybody's else,
provided I may always be serv'd with copies, to make answer
to anything, that may be call'd complaint. I was in hopes to
have sent with this to your Lordships the proceedings of the
last Assembly of New Hampshire, but that on Wednesday the
19th currant the Secrty. of the Province had the misfortune
to lose his house by fire, and all the publick records of the Pro-
vince were burnt in it, which your Lordships will see by the
inclosed print. As New Hampshire is indebted to many poor
people (and to some for five years past) I intend to make a visit
thither again in August next, to see if I can persuade them
to do justice to the King's subjects. Agreeable to the Charter
of this Province, I meet a new Assembly here tomorrow and
I shall from time to time keep your Lordships acquainted with
their proceeding. Signed. J. Belcher. Endorsed, Reed. 13th
July, Read 16th Sept., 1736. 6 pp. Enclosed,
321. i, ii. The Boston Gazette, May 10-17th. 1736, and 17th-24th.
Each 4 printed pp. [C.O. 5, 879. ff. 27-33 v., 34 v.].
'2U
COLONIAL PAPERS.
1736.
May 25.
Boston.
May 26.
Barbados.
May 26.
Whitehall.
322. Governor Belcher to the Duke of Newcastle. Dupli-
cate of preceding covering letter, mutatis mutandis. Signed.
J. Belcher. 7 pp. Enclosed,
322. i. Copies of Boston Gazette as in preceding enclosure.
[C.O. 5, 899. ff. 219-222, 223-226 v.].
323. President Dottin to the Duke of Newcastle. I readily
embrace this first opportunity of owning the receit of your
Grace's letter of the 18th of March last, which you did me the
honour of writing, and was deliver'd me by Capt. Crawford,
tho' I am surpriz'd your Grace should receive the informations
you are pleas'd to mention in relation to St. Lucia from the
Lords Commissioners of the Admiralty and Lords of Trade,
since I did myself the honour of inclosing your Grace copys of
all these letters, with several other papers on H.M. service by one
Capt. Nesbit who sail'd from hence in December last, and which
I had not the least doubt wou'd have come safely to your Grace's
hands. His most excellent Majesty my royal Master's appro-
bation of my conduct in the administration of the Government
of this island gives me a most sensible pleasure, and I shall
ever study to execute the trust he has charged me with according
to the best of my abilitys, and if I should be so unlucky to commit
any mistakes, your Grace may attribute it to a want of judgment
and not an error in will, and in particular I shall not fail to give
you the best accounts I can from time to time how the orders
for evacuating the island of St. Lucia are comply ed with. I
was in hopes to have receiv'd some further directions from
your Grace in answer to my letters with respect to the regulation
of the offices' fees, but since I find the enquiry directed is yet
expected, I shall get it compleated with the utmost expedition
and immediately afterwards transmit it to your Grace for H.M.
further order thereon. The letters which accompany this were
sent to me by a vessell who met one at sea bound to this island,
and as they may be of a publick nature, and I am inform'd are of
great consequence I thought it most convenient to transmit
them to your Grace to do with them what you think proper,
etc. Signed, James Dottin. \\ pp. [C.O. 28, 45. ff. 363,
363 v.].
324. Council of Trade and Plantations to Governor Lee.
H.M. having been pleased to continue his commission to you
as Governor of Newfoundland, we desire you will upon your
arrival there give all the encouragement in your power to the
fishery of that Island according to the several Instructions
given to you the last year by H.M. : and that at your return
from thence you will send to us your answers to the several
queries contained in your said Instructions, to which answers
you will annex a scheme of the fishery in the same manner as
you did last year. And whereas complaint has been made to
us, that the French contrary to the 13 and 14 Articles of the
Treaty of Utrecht do not only fish but have made settlements
at Portbask near Cape Roy in the westward part of Newfoundland,
AMERICA AND WEST INDIES. 215
1736. [324]
that they are supplied with provisions from France ; and
that they carry on the furr trade there during the winter season,
we desire you will according to the 62nd Article of your Instruc-
tions make particular enquiry into that affair, and as soon as
possible send us an account that we may receive H.M. directions
upon a subject of so much consequence. [C.O. 195, 7. pp. 403,
404].
May 28. 325. Petition of Wavel Smith and Savile Gust to the Council
of Trade and Plantations. An Act passed at Nevis 1732 for
establishing a Court of King's Bench and Common Pleas and for
settling the Chief Judge's and Marshal's fees etc., whereby mem-
orialist's fees are reduced and put on a meaner footing than ever
was attempted in any other of the Leeward Islands, and the
Secretary and his deputy are obliged to give 1000 sterl. security
etc. Apprehends that this act was framed to prevent any one
but an inhabitant of Nevis from executing the said office, by the
difficulties a stranger must be put to in finding sufficient sureties.
This act contains several dangerous clauses ; one to attack the
goods of persons absent from the island, and another to oblige
the Marshal to take in payment (for any debt whatsoever) the
goods and produce of the island etc., whereby no sterling debt
can be recovered in sterling etc. Prays for relief. Endorsed,
Reed. 28th May, 1736, Read 13th Jan., 173f. $ p. [C.O. 152,
22. ff. 264, 269 v.].
May 28. 326. Petition of Wavell Smith and Savile Cust, to the
Council of Trade and Plantations. Abstract. Memorialists
were appointed Secretary and Clerk of the Crown to all the
Leeward I. by letters patent 18th Feb., 1722, to enjoy the same
with all fees, rights, perquisites and advantages in as full and
ample manner as any person hath formerly etc. By an Act of
St. Christophers, June, 1724, for establishing a Court of King's
Bench and Common Pleas, a new officer by name of Judge's Clerk
was appointed to receive divers fees which the Secretary has
always enjoyed, whilst the act appointed divers other fees of
an inconsiderable nature for memorialists to take. The Board
thereafter did, 18th July, 1727, advise the repeal of so much of
the law as altered the Secretary's fees. But notwithstanding
the Board's letter was communicated to the Legislature in 1727,
memorialists could never procure it to be taken into consideration
till 1729, when the Council passed a bill to that effect, but it
was rejected by the Assembly, March, 1730. Memorialists have
thus been debarred from the known rights and perquisites of
their office since 1724. An act dated 13th Dec., 1727 appointing
twenty-four Assemblymen to represent St. Christophers is in
like manner still in force notwithstanding the Board's letter
of 16th May, 1729. Memorialist Wavell Smith further sheweth
that by an act appointing an impost upon liquors past at St.
Christophers in 1719, a fund was granted for the payment of
the sallarys of the publick officers of the Crown, which act was
repealed in April, 1722, upon account of the inconveniency of
216 COLONIAL PAPERS.
173G. [320]
the said tax being paid in sugar, but at the same time was passed
de novo with no other alteration than directing the said tax
to be paid in money. From 1722 to 7th June, 1732 all H.M.
Officers have been constantly paid their salaries and incident
charges out of the said cash fund by orders drawn by H.M.
representative by and with the advice and consent of Council,
pursuant to the Royal Instructions. The Assembly of St.
Christophers from Oct. 1731 to 7th June, 1732, in order to bring
all the Officers of the Crown dependant upon them, did endeavour
to appropriate the said fund from its original use, and to accom-
plish this did make use of divers arts and methods destructive
of the good order of H.M. Government, which several attempts
were for a while frustrated by a majority of the Council (Wavel
Smith having then the honour to be one of them). Yet at last
by a most undue practice the Council and Assembly were called
to meet on the 7th of June, 1732, when they were actually
adjourned to the 10th, and on the 7th they by surprize accom-
plished their design by precipitating a bill for raising a tax on all
negroes and other slaves, therein appropriating the money that
had or should arise and grow due after 25th March, 1732, on the
liquor fund, foreign to its original use, and by this means mem-
orialists and the rest of H.M. Officers are become in a most
unhappy and dependant scituation on the Assembly (the darling
project of the West India Assemblys) for debts due or shall grow
due to them for publick business, they now having at St. Christo-
phers no fund appropriated for the payment of the same. Smith,
who then had an order from the Governor by advice and consent
of the Council payable out of the said fund amounting to 319 5s.
for his publick account, was obliged afterwards to receive the
said order in sugar at one third loss by this unjust and arbitrary
application of the fund from its original use. To reach the said
order and prevent the payment of the same in cash, the said
act was contrived with a retrospective operation. In order
to prevent a reapplication of the said fund to the payment of
the publick officers in cash, on 12th Aug., 1732, another bill
precipitately passed the Council and Assembly of St. Christophers
for continuing the duties upon wine, beer, cider, etc., which on
21st. Aug. was assented to by the President of Nevis, who then
commanded the Leeward Islands, appropriating the said dutys
for eleven years for the use of the fortifications and for building
other forts and batterys as shall be directed by the Commander
in Chief and Council and Assembly. The Assembly passed
another bill, the 15th Aug., for granting to H.M. a duty of eight
shillings per poll on all negroes and slaves and for ascertaining and
settling the salary s of the several officers etc., which passed the
Council in a precipitate manner, and to which they procured
the President of Ne vis's assent, wherein they enacted 60 per
annum to be paid the said Secretary in lieu of any demands he
might make for public business done by him, whereby your
Memorialists against H.M. express Instructions are in a most
unjustifiable manner deiseized of their usual and accustomed
fees, and were and are still damaged above 100 per annum,
AMERICA AND WEST INDIES. 217
1730. [32G]
according to the aforesaid allowances constantly paid to their
predecessors and themselves in cash till the unjustifiable diversion
of the said fund, especially as the said 60 per annum is enacted
to be paid in currency, an illegal denomination of money which
has of late years obtained protection in the Leeward Islands.
The said law was for a temporary service, tho' the clause therein
relating to Officers is perpetual. The Assembly passed a bill
4th March, 1734, for reducing the fee of three shillings per sheet
taken by the Secretary as Clerk in Chancery to eighteen pence
per sheet containing 120 words, notwithstanding the fee of
three shillings was the accustomed fee allowed Memorialists'
predecessors and was in 1715 enacted to be taken by the Secre-
tary, which act of 1715 was passed by Governor Mathews, then
Lt. General of the Leeward I., who now has thought fit to repeal
the same with a suspending clause, which Memorialists humbly
apprehend ought not to have pass'd under colour of any of
H.M. Instructions. An illegal currency of money was intro-
duced at St. Christophers by an order of Governor Mathews in
Council when he commanded the Leeward Islands as Lt. General,
and is still protected by him, directing French crowns to pass
at seven shillings, though the said coin is one of the species
enumerated in a general law of the Leeward Islands confirmed
by the Crown in 1694, and in the Act of the 6th Queen Anne, to
pass only at six shillings, which order Memorialists humbly
apprehend to be a high invasion of their properties, they having
been by the said order actually damaged ever since they have
executed their office at St. Christophers in one seventh part of
such fees as have been usually paid in silver, and in one fifth
part of such fees as have been paid in gold. Memorialists have
been in like manner oppressed and injured in their just rights and
fees in Nevis, touching which they have also presented their
memorials to your Lordships. Pray the Board to take said acts
into consideration and to grant them relief. Signed, Wavell
Smith, Savile Gust. Endorsed, Reed. 28th May, Read 1st June,
1736. 2| large pp. [(7.0.152,22. ff. 61-62 v.}.
May 29. 327. President Clarke to the Duke of Newcastle. In my
New York, letter of the 3rd of May, a duplicate whereof I do myself the
honor to inclose, I informed your Grace of the steps that were
taken to keep the Assembly from sitting ; I found that they were
too much intimidated for me to expect they would sit, and
therefore I adjourned them with the advice of the Council to
the first Tuesday in August, hopeing in the mean while to receive
from your Grace the signification of H.M. pleasure on Van
Dam's suspension and a dismission of Alexander from the Council,
being confident that when these things are known, and that
Morris will not be restored, the misguided people will return to
a sense of their duty and I shall put an end to the faction whose
spirits are already much sunk upon their disappointment on the
arrival of our London ships, for they confidently affirmed before
their arrival that Morris and Van Dam were restored, but finding
those reports had no foundation in truth, they begin to think
218
COLONIAL PAPERS.
1736.
May 21.
Montserrat.
May 31.
Montserrat.
[327]
that the heads of the faction have all along amused them for
their own private ends. One of their main views and they
have the two last sessions made some attempts for it, is by all
means possible to get a dissolution of this Assembly before the
present Revenue expires, as it will do next year, being in hopes
to get a majority in the next, and resolved as they openly and
avowedly declare not to give the Revenue longer then from year
to year. If a new Governor comes before the present Revenue
expires, he will be under this dilemma, either to dissolve the
present Assembly, or, not doing it, perpetuate the spirit of
faction, but as they know it is not in my power to dissolve them
they have no hopes of a new election, and the further settlement
of the Revenue for a competent number of years may be obtained
from this Assembly, and the disaffected may afterwards be
brought to change their present thoughts for others more tem-
perate and dutifull ; I take it to be my duty and yet I should
not dare to mention this but that I presume upon your Grace's
goodness to hope for pardon ; I am carryed by the same hopes
likewise humbly to acquaint your Grace that upon a new election,
if they get a majority, they do not intend to settle, even annually,
the Revenue without first obtaining some concessions that no
former times have insisted on, some of which are these ; they
will declare the present Courts of Equity subsisting on H.M.
prerogative to be nul, and erect others by Act of Assembly,
they will pass an Act declaring that Judges shall hold their
commissions dureing good behaviour, they will have triennial
Assemblys by a law, they will make all officers of the Crown
their dependants, not only by their annual salary but by re-
trenching their fees whenever they displease them, and who
then can serve H.M. faithfully and not starve ? This is their
present way of thinking, but if they are for some time kept out
of the way of doing these things by the continuance of the present
Assembly they will by good management be reduced to reason,
etc. Signed, Geo. Clarke. 3 pp. [C.O. 5, 1093. ff. 404-405].
328. Governor Mathew to Mr. Popple. Encloses Minutes
of Council of Antigua, 5th July 20th Dec., 1735 ; an act of
Antigua for ascertaining the value of all gold and silver coins passing
in this island, and introducing English copper ; and act of Nevis
for raising a poll tax on negroes etc. Signed, William Mathew.
Endorsed, Reed. 21st July, Read 1st Oct., 1736. 1 p. [C.O.
152, 22. ff. 120, 125 v.].
329. Governor Mathew to the Council of Trade and Planta-
tions. I send herewith to your Lordships' Secretary among
other publick papers an Act of the Island of Antigua entitled an
Act for ascertaining the value of all gold and silver coins passing
in the Island and introducing English Copper Coin. Besides
what is mentioned in the Preamble (and for which reason it has
the restraining clause not to take effect till H.M. pleasure be
known) I pray leave to lay before your Lordships the induce-
ments that brought me to pass it. We are distressed in these
Islands to a most intolerable degree for want of a small specie.
AMERICA AND WEST INDIES. 219
[329]
We have none current among us but French sols marquez, and
these mostly false coin, and they go for three half pence, this is
the lowest money we have, and less cannot be paid to a negro
for the least valuable provision, and which small coin is con-
tinually wanted to purchase the little produce of their labour,
at their own time rais'd on the little plotts of land allow'd them
in each plantation. The silver coin among us is Spanish ryalls
and half ryalls, but those are so clipp'd and mangled, that they
bear hardly any proportion to one gold, and here we are distress'd
by the hucsters and little town chandlers and Jews. A heavy
ryall never returns from them with its first weight, and they
make such advantage of the poor negros, that what ryall they
pay me at nine pence, in change for gold (and on which they
extort for change three shillings on each pistole) they will not
take from my negro again for more than six pence ; on pretence
of its being light. This Act in this case brings all silver to an
equal standard, at its weight with gold, and hurts but these Jews
only. A pistole at four penny weight is currant at twenty
eight shillings, if it weighs six grains more the hucster allows no
more in change, and these are our only money changers, and
the pistole returns from him infalibly at its exact four penny
weight. Thus we at present maintain clipping. By this Act
the pistole will have its due value at its weight, and every one
will find his advantage in being honest. This law as it raises
money to seventy five p. cent, both silver and gold, will prevent
our coin being continually drain'd from us to the French Islands,
by way of Sta. Eustatia. For thither the Northward trader,
selling to us first what of their cargo they will vouchsafe to spare
us, carry all our ready money, to buy French melass and rum.
These Rhode Island men hardly ever will take any of our rum,
but insist on our cash, to carry on with it this illicit most ruinous
trade to the English planter. The London merchant is in no
degree that I can apprehend affected with it. Their trade
hither is hardly more than nothing, and for the Leverpool,
Bristol, or Irish trader, it must be quite indifferent. If they
sell for ten pence half penny, they have ten pence half penny
to buy sugar, or bills of exchange with, at proportionable rates,
and a proportionable exchange. They never carry money back
with them, but allways West India produce, or bills of exchange.
But nothing can happen here but some how or other Mr. Secretary
Smith is hurt in his office, and then he has a lucky hit for being
in motion. I cannot see how this Act will affect him, what he
receives he will pay away at the same price, what he banks at
home is by purchasing country produce, or bills of exchange,
so what I mention'd in the foregoing article answers for him too.
He is restrained by a dockett, but in some branches of his office,
and as to those articles whatever denomination money was
under, when given to him by that dockett, the same dockett
continues it so to him still. As to Mr. Smith, I have to add,
that nothing is done as yet to his new dockett at Antigua. The
old one made, as directed by his late Majesty King William,
I have by an order restrain'd him to, but the new dockett ly's
2'20 COLONIAL PAPERS.
1730. [329]
undetermind. I have insisted on adding an article to pay for
providing Minutes of Council &c. as requir'd from him by H.M.
Instructions, the Council have not agreed to it, and as I have
no intention to recede from what I ask in his favour, I cannot
apprehend any new dockett will be made. By the death of
William Frye Esqr. at Montserrat, and Richard Abbot Esqr. at
Nevis, there is a vacancy in each Council of those Islands. But
Mr. Dunbarr by his General Mandamus becoming a member of
the Council in ordinary in each Island on these vacancys, they
are provided for. But I shall be forced to appoint a Councillor
in each, or they will want a sufficient number. Not being yet
honourd with H.M. determination as to Legislatures in Anguilla,
Spanish Town and Tortola, I can give no directions for tryall
of a man that killd, about three weeks ago, another in Tortola.
I formerly mentiond to your Lordships the damages these
Colonys woud sustain, by the Danes settling Sta. Cruz. We begin
most shrewedly to feel some of the effects of that settlement.
The Danes cannot settle it themselves, and their Governour
Moth is continually pestering these Islands with his offers and
encouragments. We had very lately no fewer than seventeen
out of one of the Militia Companys in Antigua, commanded by
Lieutenant Colonel Gilbert, that ran off thither in one vessel,
and three days ago interrupted another vessel with six familys.
But I cannot prevent their going, and they die as fast as they
get thither. Still these Islands are dayly weakning. Your
Lordships possibly hear much more of this from Barbados.
The Lieutenant Governour of the Virgin Islands, and the deputy
Governour of Tortola write me from Spanish Town and Tortola
the 1 8th past that a master of a vessel trading from Sta. Eustatia
to the south side of Puerto Rico arrivd there, assures them,
from intelligence he had from another Dutch trader, and from
the Spaniard he traded with, that the Governour of Puerto
Rico was actually fitting out two ships, a snow and a sloop, and
expected reinforcements from Hispaniola, to the number in all
of two thousand men, to drive the Danes out of Sta. Cruz. So
fair is tollerable, but that they intend to ravage and destroy
Spanish Town and Tortola, and might be ready in about five
weeks, and then our ships of Warr are laid up for the hurricane
season, as they well know. I have sent Captain Brand com-
manding H.M. Ships of Warr copy of this intelligence. For my
own part, I am ordering some ammunition and arms from St.
Christophers to these two Islands, and going to St. Christophers
to be nearer for intelligence. If this danger comes confirm'd
I woud go thither with the King's Regiment and such volunteers
as I coud raise. But, my Lords, Tortola and Spanish Town
cannot bear the expence of such a transportation. The Islands
out of danger probably will not. I must then. I beg your
Lordships' Instructions in such cases for the future. If I have
but a small guard from the Regiment to go with me from island
to island, it is at my own expence, etc. Signed, William
Mathew. Endorsed, Reed. 21st July, 1736. 6. pp. [C.O. 152,
22. ff. 121-123 v., 124 v.].
AMERICA AND WEST INDIES.
221
1736.
June 1. 330. Governor Mathew to Mr. Popple. Encloses duplicates
Montserrat. o f public papers sent by Capt. Keller, and an Act of Nevis for
the qualifying persons to sit in the Assembly, " a most necessary
law." Continues : There was an intent to chuse persons of
the lowest degree, to outvote the continuing the fortifications
of that island, and every publick service, which this law, 'tis
hoped, will defeat etc. Encloses acts of Montseratt for building
a magazine, and putting in order the forts and battery s, and mounting
the cannon thereon ; and for ascertaining the value of all gold and
silver coins passing in this Island, and introducing English copper
coin. " This last being the same with the Antigua act, I need
not repeat what I say to their Lordships on that act." Signed,
William Mathew. Endorsed, Reed. Oct. 1736, Read 4th Aug.,
1737. Duplicate, Original not reed. 1 p. [C.O. 152, 23. ff.
2, 2 t;.].
[June 2]. 331 . Capt. Coram's List of the Lords and others who have
consented to be Trustees for settling the Province of Nova Scotia
with good Protestant Inhabitants, either H.M. subjects or
foreign Protestants willing to become H.M. subjects : The
Duke of Montague, the Lord Viscount Torrington, the Lord de
La War, the Earl of Granard, Sir Charles Wager, the Honble.
Horace Walpole. The following are some of those I propose
to invite : the Earl of Derby, Sir Wm. Young, Edward South-
well Esq. and others. I did propose to myself to engaige the
Citys of London and Bristoll and other trading towns in England,
but have only engaig'd Bristoll and Liverpoole, but have not
attempted to engaige the City of London. Signed, Tho. Coram.
Endorsed, Reed., Read 2nd June, 1736. Holograph. 1 p. [C.O.
217, 7. ff. 171, 174 .].
June 10. 332. Council of Trade and Plantations to the Duke of New-
Whitehall, castle. Enclose following to be laid before the Queen.
332. i. Same to the Queen, Guardian of the Kingdom etc.
In obedience to H.M. commands, 7th May, have con-
sidered the Representation of Mahomet, Chief Sachem
of the Mohegan Indians, and been attended by him
and his Agent and the Agent for Connecticut etc.,
and represent ; That in the months of Dec. 1703 and
Janry. following, two memorials were presented to the
Commissioners who then constituted this Board, by
Mr. Nicholas Hallam of the Colony of Connecticut,
on the part of Owaneko, then Chief Sachem, setting
forth their ancient alliances and compacts with the
English, their services done to the people of Connecticut,
their sufferings from the same people, by the unjust
seizure of their reserved lands, and destribution of
them by act of the General Court of Connecticut, and
their fruitless endeavours to obtain redress of those
grievances by application to the Legislature of that
Colony. These facts, which as they stand related in
the said Memorials, agree in substance with those now
222 COLONIAL PAPERS.
1736. [332 i.]
under our consideration, were supported by an affi-
davit of the sd. Mr. Hallam, upon which the case of
the Mohegan Indians was by this Board referr'd to
the consideration of Her late Majesty's Attorney
General, Sir Edward Northey etc. Quote his opinion
and report of Commission of Enquiry appointed there-
upon (v. Cal. St. Pap. Col. 1703, Dec. 3 and 1704,
Feb. 29, March 9, (Noa. 146, 171, 171 i., 483), and
1705, Aug. 25. Nos. 1312, 1312 i.). The Commission
having found that the Mohegans ought to be restored
to their lands and that Oweneco Unchas should recover
his costs, (Aug. 25, 1705), and Governor Dudley having
expressed his doubts that the Government of Con-
necticut would not comply therewith, the Board pro-
posed that H.M. should signify her approbation of the
said sentence by her Order in Council. But Sir Henry
Ashhurst, Agent for Connecticut, having appealed
against the said sentence, by an Order in Council 10th
June, 1706, the sentence of costs was reversed, and a
Commission of Review was granted for hearing and
determining the pretensions of the Indians ; and in
regard to their poverty, it was ordered that the Com-
mission and all other necessary dispatches should be
pass'd and expedited at H.M. charge. Continues :
Her Majesty was pleased to name the Lord Cornbury
then Governor of New York to be one of the Com-
missioners, and to refer to the Commissioners for Trade,
to name such other persons as they should judge proper
to be inserted in the said Commission with him, who
thereupon did propose the Members of H.M. Council
of New York for that purpose ; a Commission of Review
was accordingly prepared and approved by H.M. in
Council on the 5th of Feb., 1706. We find that the
Lord Cornbury continued in the Government of New
York till 1708, etc., but it does not appear by the Lord
Cornbury 's letters to this Board, or from any other
accounts in the books of our Office, that any pro-
ceedings were had in this case by virtue of the last
mentioned Commission of Review ; and Mr. Mason
etc., hath attended us and declar'd that he is not only
ignorant of any proceedings had upon it etc., but never
heard there was such a Commission issu'd out, tho' he
was at that time residing in Connecticut and Guardian
of the said Indians. Whereupon we would humbly
propose to your Majesty, that a fresh Commission
of Review should be granted to such persons as your
Majesty shall think proper, investing them with the
same authority and powers, for rehearing and deter-
mining all matters relating to this case, as were granted
by the aforesaid Commission of Review ; and that
in regard to the poverty of the present Sachem and
the Mohegan Indians, the charge attending this
AMERICA AND WEST INDIES. 223
1736. [3321.]
Commission and all other dispatches relating thereto, be
defrayed at the expence of the Crown, agreeable to
what was ordered by Her late Majesty on the former
occasion. [C.O. 5, 1294. pp. 85-95].
[June 10.] 333. Petition and Appeal of Sir Henry Ashurst, Bart.,
on behalf of the Governor and Company of Connecticut and of
great numbers of freeholders and planters in the said Colony,
to the Queen [Anne], Feb., 1706. Copy of the original petition
against the decree of the Commissioners appointed to decide
the controversy between Conecticut and the Mohegan Indians.
Heard in Council May 17 and 21, 1706. (v. C.S.P. 1706, No.
368 etc.) Endorsed, Reed. Read 10th June, 1736. 12 pp. [C.O.
5, 1268. ff. 198-203 v., 204 v.].
June 12. 334. President Clarke to the Duke of Newcastle. With
New York, this I do myself the honor to send to your Grace a duplicate of
my letter of the 29th of May ; since that time nothing extra-
ordinary has occurred to deserve your Grace's notice, unless it
be that there appears daily a greater calm in the province, the
misguided people having given over their expectations of having
of Van Dam and Morris's being restored, and preparing them-
selves to receive contrary news ; for my own part I beg leave to
assure your Grace that I give them no cause of complaint, I
open my arms to receive those who have been led astray, and
I dare with more confidence than ever affirm to your Grace
that upon the signification of H.M. approbation of Van Dam's
suspension, of Alexander's dismission from the Council, and
of Morris's not being to be reinstated, the spirit of faction will
soon disappear, the Assembly meet and do their duty, and quiet
and concord resume their former seats ; nor can anything ob-
struct it but a speedy dissolution of this Assembly ; that indeed
will throw the people into fresh convulsions, and make an union
more difficult to be brought about, especially if the dissolution
be before the deficiencies of the Revenue be provided for and
another Revenue given. The deficiency of the Revenue at present
is four thousand pounds. The Treasurer computes that all the
Revenue yet to come, as it expires next year, will not bring in
more money then will be necessary to sink the bills of credit
directed by the Revenue Act to be sunk. So that at the expira-
tion of the Revenue there will be a further deficiency of above
four thousand pounds more, thus all the officers of the Government
will for more then two years be without a penny of their salary,
the main support of their familys, which will reduce them to
the utmost necessities, and my fate will be worse than theirs
for I shall not only live at an extraordinary expence, but must
buy firewood and candle for the Garrison, repair the fort etc.
and pay all the contingent charges of the Government out of
my own pocket. But if this Assembly be not dissolved, as it
is not expected from me that it should, I make no doubt but
that they will in the first place provide for the deficiencies of
the Revenue, and afterwards give another Revenue before this
224 COLONIAL PAPERS.
1736. [334]
expires without clogging it with those unprecedented demands
which a new Assembly, if the faction have a majority, will do ;
if this Assembly be dissolved before they have provided for the
deficiencies of the Revenue a new Assembly chosen at this time
will not make them good, nor give another Revenue otherwise
then as I have done myself the honor to mention to your Grace :
it is therefore, I humbly presume, of the highest importance to
H.M. service to keep this Assembly on foot till these things are
done ; the Governor may then dissolve them (as it will undoub-
tedly be expected from him, come when he will) this Assembly
having sate ever since the year 1728 and haveing nothing to
ask of a new one will have time enough by mild and gentle
methods to reclaim the diseffected, if not done to his hand,
and to unite the minds of the people. Tomorrow Mrs. Cosby
embarks on board the Squirrel man of warr for Boston, to go
from thence to England in the station ship that the Squirrel
relieves : I have done whatever has lain in my power to con-
tribute to her ease, and I hope she has found the good effects
of it : undoubtedly had Van Dam succeeded to the adminis-
tration of the Government she would have felt the severist and
most unjust persecution that ever lady suffered. If he had any
just demand on Governor Cosby, which as executrix Mrs. Cosby
is now liable to, the Laws are open to him in England and he
may sue her there, if he does not, it will I think be plain that
all his pretences were calculated to make a clamor here, and
to misrepresent Govr. Cosby at home ; and I dare affirm to your
Grace that most if not all Morris's complaints are built on the
same foundation. I humbly implore your Grace's protection
against the malice of the implacable enemies of Governor Cosby,
who will most certainly ruin me if Van Dam be restored etc,.
Signed, Geo. Clarke. 4 pp. [C.O. 5, 1093. ff. 406-407 .].
June 12. 335. President Dottin to the Duke of Newcastle. Abstract.
Barbados. Hopes letters of enclosures of 18th March have come to his
Grace's hands. Refers to enclosures. Will lay enclosed report
of a Committee of Council upon officers' fees before the Council
at its next meeting. Continues : If the advice therein offer'd
for passing a new law be approved of by the Board, I hope I
shall not incurr your Grace's censure or H.M. displeasure, should
I give my assent thereto, since no person can possibly be injur'd
nor any alteration made till the propos'd law shall be confirm'd
at home, which I presume to hope will soon afterwards be,
since the hardships occasion'd by some of the officers' exactions
are most severely felt by the poorer sort of the people of this
Island. I thought myself exceedingly happy in administring
the government of this place that the same harmony seem'd
to continue as had been in the government of my noble pre-
decessor whose steps I ever determin'd to follow, but a cause
between Rawlin and Warren having been lately heard in the
Court of Exchequer praying a condemnation of five casks of
sugar of the value of about fifty pounds for not having paid the
same specie for duty as the Law required, tho' the sugar was
AMERICA AND WEST INDIES. 225
1730. [335]
not actually ship'd, (as on other seizures they were) but only
in a lighter going on board the vessel which was to transport
it beyond seas, on a solemn hearing of the cause, the Court was
unanimously of opinion that the seizure was not good, on which
a petition was preferr'd to me for an appeal, but not having
known an instance of the sort before I referr'd back the petition
to the Attorney General of this island for his opinion whether
an appeal to myself and Council ought to be granted or not,
which he thinking might be done, I immediately granted it
and all the proceedings were transmitted before us, and the
Attorney insisting that it was a cause of very great consequence
to the Revenue and therefore ought not to meet with the least
delay, and that I shou'd adjourn the Council de die in diem till
it was determin'd, I did from his representation cause it to be
heard with the utmost expedition, but on arguing it, the same
appear 'd to me quite different from what it was represented,
and therefore I was of opinion for affirming the judgment given
below and two other members being likewise of the same opinion
which differ'd from three who were for reversing, no determina-
tion could then be made, but immediately several virulent
papers were publish 'd in the Gazette of this island reflecting on
mine and the other two members' judgment and endeavouring
to raise dissention and disputes among the people of the island,
and disturb that repose which till then had subsisted ; however
on a second argument of the cause a majority voting for affirm-
ing the judgment it was declar'd in Court that Mr. Attorney
did appeal to H.M. without asking my allowance thereof, and
as I was not acquainted with his instructions or what authority
he had for taking this unusual and extraordinary step contrary
to the method that has been constantly practis'd of asking or
praying an appeal, I thought myself no way concern 'd in the
declaration he had made, but after all the papers were it seems
ready to be transmitted, the Attorney thought proper in a
memorial he sent me, wrote in a stile I think too magisterial
for him to address H.M. Commander in Chief in, desiring I
wou'd not only permit the seal to be affix'd to the papers but also
signify my allowance of the appeal, this oblig'd me to have
recourse to my instructions, whereby I find H.M. will and pleasure
there declar'd is " that if either party shou'd not rest satisfyed
with the judgment of the Commander in Chief and Council
that they might then appeal to him in his Privy Council, pro-
vided the sum or value so appealed for do exceed five hundred
pounds sterling," and as I was convinc'd that the value of the
sugar seiz'd was not above fifty pounds, and I cou'd not con-
ceive there was the least danger that H.M. by reason or means
of this judgment was it to be revers'd cou'd suffer more than
the loss of about twenty five pounds tho' the officers of the
Customs raised chimerical notions and vented them abroad
which at the same time they cou'd not but be sensible were
notoriously false, I thought myself restrain'd by this instruction
from allowing an appeal, tho' the Attorney said as he look'd
upon this to be an extraordinary case it was not within the
15 (1).
22G COLONIAL PAPERS.
1736. [335]
meaning of my Instruction, and yet at the same time he allow 'd
that the formality there requir'd of appealing within fourteen
days and of giving security as directed should be regarded, which
seem'd to me to be a complyance with forms without regarding
the substance. Besides I find by another Instruction, H.M.
is pleas'd not to admit of an appeal to him in case of a fine or
forfeiture for any sum under two hundred pounds and as I
apprehended it was intended in appeals that each party should
have the same priviledge, so had the judgment been against
the claimer of these sugars, he cou'd not have that benefit ; how-
ever to prevent the least shadow of complaint of partiality in
me, I readily gave my testimonial and affix'd the Seal to all the
papers desir'd in order to their being transmitted home, but
notwithstanding this I am inform'd the Attorney has reported
that he has made a complaint against me which he does not
doubt will be effectual for removing me from the administration
of the Government, but as I have taken the best pains I am
capable to inform my judgment in every instance and acted
pursuant thereto, which I thought myself oblig'd to do, I little
regard his complaint, nor wou'd that have occasion 'd me to give
your Grace the trouble of mentioning this affair to you,
not that I shall be glad to know whether it is H.M. pleasure in
any case where the consequence of the judgment may possibly
be above five hundred pounds value or where the King is nam'd,
that an appeal should be allow 'd tho the sum then disputed be
never so triffling, or if the other party whose damage can be
no more than the loss of what is seiz'd may have the like priviledge,
and what particular security should be taken in these cases.
I am aware it will be insinuated as is done by the Custom House
officers in a letter of an extraordinary nature wrote to the Attor-
ney General and which I just had a sight of, that great mischiefs
and inconveniencys will arise by the judgment in the present
cause as the planters are resolv'd to pay in one specie of sugar
as duty for another sort shipt, but this I beg leave to assure
your Grace is a monstrous falsity invented only with a design
to give countenance and credit to this seizure which I take was
made only out of resentment and pique against a person who
had no design or intention to defraud H.M. of his just right
and which might pursuant to the Commissioners of the Customs'
Instructions have been secured by the officer without a seizure
had he not more a design to vex, appress and gratify his resent-
ment against a particular person then to secure H.M. duty.
I am heartily sorry to have dwelt so long on this affair, but it
having been warmly espous'd here by the Attorney whose be-
haviour has been most extraordinary in it, I presum'd to set it
in a clear light to your Grace and shall be exceedingly oblig'd
to you for your opinion and directions relating to my Instructions
and of my conduct therein, since I own should it meet with your
Grace's approbation it will give me a most sensible pleasure,
as on the other hand, should your Grace think me blameable as
I acted by the dictates of my conscience without the least
partiality, I shall be sorry for my want of judgment in not
AMERICA AND WEST INDIES. 227
1736. [335]
apprehending this matter in the manner your Grace takes it in,
and for the future guide my opinion relating to the Instructions
as your Grace directs, who certainly well knows the intention
design'd by them tho' it might be doubtfully therein express'd,
and for my own part I am so far from hindering or preventing
appeals, that on the contrary I shall be pleas'd to allow them
in every instance of ever so small value did I not think myself
restrain'd by my instructions from doing so, etc. Signed, James
Dottin ( 1 ) . 3| pp . Enclosed,
335. i. Report by a Committee of the Council of Barbados,
with lists of officers' fees, June 1st, 1736. Signed,
Ralph Weekes, Thos. Maxwell, John Gollop. Copy,
pp. [C.O. 28, 45. ff. 369-386].
June 14. 336. President Dottin to the Council of Trade and Planta-
Barbados. tions. As I have not been honour 'd with any of your commands
for some time past, in answer to the several letters I presum'd
to trouble you with, on what I thought to be for H.M. Service,
and which I hope came safely to your Lordships' hands, I wou'd
chuse not to give you any further trouble, till I cou'd have the
pleasure of acknowledging the receipt of a letter from your
Lordships, but an affair lately happening here, for which it is
reported I am to be complain'd of to H.M., I beg leave to desire
your Lordships' advice and direction on the construction to be
made of some of my Instructions, in which I happen to differ
with the Attorney General of this Island. I find H.M. has been
pleas'd to declare his will and pleasure, that if on hearing a cause
in His Supream Court in this Island, either of the partys should
not be satisfy 'd with the judgment of the Commander in Chief
and Council, that they might then appeal to Him in his Privy
Council, provided the sum or value so appealed for do exceed
five hundred pounds sterling, and by another Instruction no
appeal is to be allow 'd in case of a fine or forfeiture for any
sum under 200, and as I apprehended H.M. intended by the
first Instruction that each party should have the same privilege
of appealing, and in no case, that one of them might, and the
other should not, have the advantage, and that the sum or value
then actually, and not consequentially, in dispute, must be
above what is expressly limitted by the Instruction, I have in
several instances where an appeal has been ask'd, deny'd to
grant it because I was restrain'd by my Instruction from allowing
it, and particularly some years ago, on a seizure made by one
Young of some sugars under that value, for which there was a
judgment against him in the Court of Exchequer and Court of
Errors, he pray'd an appeal which was deny'd him for that
reason, and no application was then made that it being a matter
wherein the King was nam'd, it was not within the meaning
of the Instruction and therefore an appeal ought to be allow'd,
but a seizure lately happening of five hogsheads of sugar of the
value of fifty pounds made by one Rawlin from Dr. Warren for
not paying the same specie of duty tho' the sugar was not actually
ship'd on board the vessell which was to transport it off the Island
228 COLONIAL PAPERS.
1736. [336]
(as was the case in other seizures) but only in a boat going on
board, and there appear'd to be no manner of intention of fraud
in the owner, and the duty might have been secur'd pursuant
to the directions of the Commissioners of the Customs, who had
foreseen and provided for a case of this nature, yet the Officer
out of resentment and pique seiz'd the sugars, but on a solemn
arguing the cause, the Court of Exchequer dismiss'd the infor-
mation and on an appeal brought to the Court of Errors, as is
usual for any sum tho' H.M. Instructions mention three hundred
pounds, the judgmt. was affirm'd, on which it was declar'd that
the Attorney General did appeal to H.M. without asking my
allowance thereof, but afterwards he thought proper to desire it,
but as I thought myself restrain'd by my Instructions, and
cou'd not conceive that any more depended on this judgment
than the value of the sugar seiz'd, tho' he and the officers of the
Customs made this a favourite cause, and rais'd imaginary evils
which at the time of venting they cou'd not but know were
notoriously false, and had not the least foundation, but only
broach'd to give credit to the cause, and make it appear to be of
some consequence, when in truth it was not so, I deny'd an appeal,
but at the same time permitted the papers to be sent under the
Seal, that if it should be thought my allowance of the appeal
was unnecessary the cause might be heard without any delay.
I will not trouble your Lordships with a recital of the disputes
wch have happen'd in this cause, wherein very extraordinary
steps have been taken to traduce me, and to disturb the repose
of my administration, because I cou'd not persuade myself to
think as the Attorney wou'd have had me, but as I acted accord-
ing to the best of my judgment, and without the least partiality,
I hope my conduct will meet with your Lordships' approbation,
and as the Instructions are prepar'd by your Honourable Board,
who best know their meaning and construction, I beg to have
your Lordships' directions whether in any case where the conse-
quence of the judgment may possibly be above five hundred
pounds value, or where the King is nam'd, an appeal ought to
be allow'd, tho' the sum then disputed be never so trifling, or
if the other party whose damage can be no more than the loss
of what is seiz'd, may have the like privilege, and what particular
security shall be taken in these cases. I presume your Lordships
will have recourse to the Instructions, and if necessary make
such amendments and alterations as are proper to prevent any
doubt of this kind arising again, and I shall in this and every
thing else most chearfully follow your Lordships' directions.
Signed, James Dottin. Endorsed, Reed. 29th July, Read 24th
Sept., 1736. 2 pp. [0.0. 28, 24. ff. 178-179 v.].
June 18. 337. Governor Belcher to the Duke of Newcastle. Agree-
Boston. a ki e to the royal Charter I conven'd a new Assembly of this
Province the 26th of last month, etc. Encloses their Journals.
Quotes the words of the last leave given to him with respect to
his salary, " and likewise for the future to give your assent to
such bill, as shall be annually past for paying to you a salary
AMERICA AND WEST INDIES. 229
173(1. [337]
of 1000 str., or the value thereof in the currency of that Pro-
vince." Continues : The meaning whereof, my Lord, I take
to be, that I should sign the grants the Assembly may make me
from year to year for my support, provided they should not fall
below the sum they have always given me in this currency,
from my first coming into the Government, and what H.M.
has been constantly pleas'd to let me take in lieu of 1000 str.
(being 3000 of this currency) and after the same manner they
have always paid me in the Province of New Hampshire, viz.
600 of that currency for 200 str. according to the King's
Instruction to me on that head etc. And as the Assembly has
this session made me a grant (as usual) for three thousand pounds
of this currency, I shall consent to the act, without giving the
King, or his Ministers, any further trouble in this affair, nor have
I any expectation of their making the sum larger for the future,
unless by giving something more at another session, in con-
sideration of the badness of their currency, which I shall continue
to urge them to do, that my support may be as near 1000
sterling a year as I can possibly perswade them to. May it
please your Grace, Having hitherto paid the strictest obedience
to H.M. Instructions, I would carefully avoid any imputation
to the contrary for the future, and have therefore order'd my
Agents, Mr. Partridge and Mr. Belcher, to pay their duty to your
Grace, and to beg the favour of your Grace's thoughts on what
I now write, that if I mistake the sense of this last Instruction,
I may correct myself for the future, etc. Signed, J. Belcher.
Endorsed, R. llth Aug. Duplicate. 4 pp. [(7.0. 5, 899. ff.
228-229 v., 230 v.].
[June 18.]* 338. President Clarke to the Duke of Newcastle. I have
the honour to receive your Grace's letter to Govr. Cosby of the
10th of October inclosed to me in one from Mr. Oglethorp, dated
at Georgia the llth of May, wherein he acquaints me that the
Spaniards were preparing to dislodge them, that they had strove
to corrupt the Indians to forsake H.M. alliance and had sent for
a large body of troops from the Havannah, but that they had
neither trading goods, guns nor powder to perform their promises
to the Indians, nor food to support their troops when they arrive,
without they procure them from the English Collonys, that he
was informed from Charles Town that the Spaniards have sent
hither to buy provisions and desired me to prevent it. I called
a Councill and lay'd before them your Grace's and Mr. Ogle-
thorp's letters, and having advised them of the properest methods
to prevent any supplys from being sent to the Spaniards, I
issued an order to the Collector not to clear any vessell for St.
Augustine, and a proclamation forbidding all H.M. subjects to
supply the Spaniards with any stores of warr, trading goods or
provisions. I wish with all my heart it may have the effect
proposed, tho' I have cause to fear it will not, for the vessells
which at any time go to the Havannah or St. Augustine enter
at the Custom House and clear for some English Collony, and
* Dated by reference in letter of July 26th.
COLONIAL 1'ArURS.
1730. [338]
it's supposed that a sloop so entered and cleared went to St.
Augustine a few days before I had the honour to receive your
Grace's letter. I presume, my Lord, to think the most effectuall
way to prevent succours being carryed to St. Augustine will be
to get the Carolina and the other nearest station ships to cruise
and lye off that place to hinder the English vessells from going
in. I beg leave to assure your Grace that I will upon all occasions
give Mr. Oglethorp all the assistance in my power, being of
nothing so ambitious as the honour of obeying your Grace's
commands etc. Signed, Geo. Clarke. Endorsed, R. July. 2 pp.
[C.O. 5, 1093. ff. 408, 408 v., 409 v.].
June 18. 339. Council of Trade and Plantations to the Committee
Whitehall, of the Privy Council. Enclose following, pursuant to directions
of 13th May. Annexed,
339. i. Draft of Additional Instruction to Thomas Broughton,
Lt. Governor of S. Carolina. Cite Governor Johnson's
Instruction to take care, with the advice and consent
of the Council, for the repair of Court Houses and other
public buildings etc. Continue : It has nevertheless
been represented to H.M., that there is no publick
prison erected in that Province. These are therefore
in H.M. name to authorize and require you to recom-
mend in the most effectual manner to the Assembly
of the said Province, that they make necessary pro-
visions for erecting a common gaol or gaols and keeping
the same in repair, agreeable to the foregoing Instruc-
tion and to the practice of other British Colonies.
[C.O. 5, 401. pp. 173-175].
June 19. 340. Lt. Gov. Armstrong to the Council of Trade and Plan-
Annapolis tations. The trouble of this proceeds from the sad and pitiful
Royal. Accot. which we have had, from one who calls herself Susannah
Buckler, of the fate of a brigantine from Dublin called the
Baltimore, Richd. White Master and Andrew Buckler sole
owner and mercht. This unfortunate gentlewoman who says
that she is the widow of the said Andrew Buckler having arrived
here the 9th of May last from Pobomcoys with Mr. Charles
Dentremow of that place, who took her from the Indians and
Mr. George Mitchell, one of H.M. Surveyors, hath upon examina-
tion made before me and H.M. Council declared : That she
sail'd from Dublin the 7th of October last for Annapolis in Mary-
land and by bad weather being forced upon this coast, they on
the 15th day of Decembr. there being eighteen persons on board
got accidentally into a harbour called Tibogue near Cape Sablis,
where they all died except herself and as she saith two sailors
whom she left alive and in possession of the vessel the 4th of
April last, when some Indians went on board and carried her to
the woods after having robbed her, if her report be true, to the
amount of about sixteen hundred pounds sterling in silver and
gold and many other valuable things, besides the ship's cargoe
which, she saith, amounted as she hath been informed, to about
A.MK1MCA AND WEST INDIES. 231
1730. [340]
twelve thousand pounds sterling more. She imputes the cause
of their death to the want of fresh water, through the loss of
their boat which the Indians had taken from two of her servants
a little after their arrival in that harbour, and not to any apparent
sickness or distemper ; which is somewhat surprizing, seeing
they might at that time, as I understand she now is, have run
the vessel ashore, but as to that seeming piece of indolence, their
sailing and management of the vessel, she could give no other
accot. than that as they believed themselves somewhere by
Piscataque, they were in hopes of meeting with some fisher men
to conduct them thither. From that circumstance of the boat,
the two servants being afterwards found dead, and as the two
sailors are not to be found, we are not a little apprehensive of
their being murdered ; as to wch. and the truth of what hath been
further related, as I hitherto have, so I still shall enquire as
particularly as possible, and judging it necessary, I have here-
with sent your Lordships copys of her own, and of the afore-
said two gentlemen's declarations, the Minutes of Council and
of my letters to Govr. St. Ovid, the Chief of the Cape Sables
tribe, and to the inhabitants of Pobomcoys to use their endea-
vours with the Indians to make restitution, having in the mean-
time, in order to recover the vessel, sent a small party under
the command of Ensn. Charles Vane to bring her hither.
By Mr. Dentremon's declaration being informed that one
Jonathan Ridge or Rich of Marblehead in New England, is
suspected to have taken away some of the sails and other rigging
and six swivel guns etca. I have also wrote to Govr. Belcher,
to enquire into it, and having sent him a copy of her declaration
that he may secure such of the particulars as are therein men-
tiond, as may perhaps be found amongst the fishermen of that
Government. I have frequently wrote to your Lordships in
relation to the insolence of the Romish priests who contemn
and disclaim H.M. Sovereignity, civil power and authority,
and in opposition there unto set up an independent jurisdiction
of their own, and as the Minute of Council will inform you of
their audacious insolence on this occasion. I hope you will not
only approve of my conduct in having sent them, conformable
to the said Minute, out of this Province, but move H.M. to
favour us with such particular Instructions as may be necessary
to direct us how to manage and treat such priests, the refractory
inhabitants and lawless savages, who for some time past have
been so elated as seemingly to have no manner of regard
to any of their Treatys ; which is not only evident from former
Acts and their behaviour in respect of this brigantine, but also
from the insolence of those of St. Johns River in opposing a
vessel sent by the store keeper of the Board of Ordnance to
load with lime stone for H.M. service, their robbing the people
of their cloaths and provisions, pretending that the land &c.
belonged to them, and that therefore they would be paid ; as
the sailors of that vessell have reported. So that, my Lords,
unless some method be propos'd either to bring them under,
or over to H.M. interest, his Government will be for ever insulted,
232 COLONIAL PAPERS.
1736. [340]
and his British Subjects, if not murdered, robbed and molested ;
which I most heartily recommend to your consideration ; and
as I have formerly laid before your Lordships the state of this
Province, as to which and particularly that part thereof in
rejation to Canso ; I hope through your means to be honoured
with H.M. further commands which shall be faithfully obeyed
by, Signed, L. Armstrong. Endorsed, Reed. 14th Sept., Read
26th Oct., 1736. 3 pp. Enclosed,
340. i. Deposition of Susanna Buckler. Annapolis Royal,
30th May, 1736. Gives an account of the loss of the
crew and cargo of the brigantine Baltimore, belonging
to her husband, Andrew Buckler, as described in cover-
ing letter. Signed, Susanna Buckler. Copy. 7 pp.
340. ii. Deposition of George Mitchell, llth May, 1736,
relating to the same. Signed, Geo. Mitchell. Copy.
2$ pp.
340. iii. Examination in Council of Charles Dentremon, of
Pobomcoup, Nova Scotia, upon the affair of the Balti-
more, llth May, 1736. Translation of the French original
signed and sworn to in Council by, Charles Dentremon.
Copy. 6| pp.
340. iv. Minutes of Council of Nova Scotia, 4th May 7th
June, 1736. 15 pp.
340. v. Examination in Council of Peter Landry of Pobom-
coup as to what he had seen and heard concerning the
Indians and the Baltimore. 8th June, 1736, Translation
of French original signed in Council by Peter Landry,
his mark. 4 pp. Nos. i-v. Endorsed as covering letter.
[C.O. 217, 7. ff. 172-173 v., 176-179, 180-181, 182-185,
186-195 v., 196 v.].
June 23. 341 . Observation on Mr. [Wavell] Smith's and Mr. Balaguier's
accounts. They charge 2 for the copy of every Act, the fee by
law is 3*. for each side of paper closely written. They charge
6s. for every warrant, writ etc., and 6s. for every publication,
the fee being law is 3s. For the Minutes of Council, Smith has
charged for 2 years and 2 months 47, whereas none of his pre-
decessors ever charged above 12 per annum. Details given.
Smith has also introduced several new charges against the
public in the following instances : entering the accounts of
creditors to the public in the Council books, for the sake of making
a new fee, and then charging 7s. a side for them, whereas if any
fee is due, it is 3s. ; copies of proceedings of the Courts of Law ;
presentments of the Grand Jury ; for the trial of prisoners ;
for making a minute at the Sessions for appointing constables
and way wardens. Endorsed : Reed, (from Mr. John Sharpe),
Read 23rd June, 1736. 2 pp. [C.O. 152, 22. ff. 67, 67^,
71 v.].
June 23. 342. James Colebrooke to Andrew Stone. Encloses following
" for his Grace's perusall." Continues : I design to wait upon
him to-morrow at 11 etc., to talk over the affair of that Island
AMERICA AND WEST INDIES.
233
1736. [342]
and the particular hardship of my brother, who was forced to
quitt a plantation he with great industry has raised." etc. Signed,
James Colebrooke. 1 p. Enclosed,
342. i. Copy of a letter from New Providence to Mr. Cole-
brooke. Refers to recent rebellion (v. 20th March).
Continues : Many and grievous has the complaints
of the soldiers been of late, particularly of severe
punishments for trifles, so that 300 lashes has been
given without any Court or other hearing ; so that
some attempts has been made by some of them to
run away, etc. Continues account to same effect as
20th March. Concludes : We are in a very bad
condition in this island. Endorsed, R. June 23, from
Mr. Colebrook. Copy. If pp. [C.O. 23, 14. ff. 273,
274, 274 v., 275 v.].
June 24. 343. Mr. Cleland to Mr. Popple. In reply to letter to Mr.
Charles Town, Fox, Dec. 3, 1735, encloses following. Signed, John Cleland.
Endorsed, Reed. 9th Dec. 1736, Read, 8th June, 1737. Addressed.
| p. Enclosed,
343. i. List of ships entered and cleared in the ports of Charles
Town, Beaufort Port Royal, Georgetown and Winyaw
for the quarters ending Lady day and Midsummer last.
1 p. [C.O. 5, 365. ff. 216, 217, 219 v.].
South
Carolina.
June 25.
Pull Mall.
June 29.
Bromptoii.
344. Lord Fitz waiter to the Duke of Newcastle. Encloses
following relating to the Island of St. Simon " for your own private
satisfaction." Continues : When the papers are sent to the
Board a return will be made in due form. I have also consulted
the best maps we have, and find no reason to doubt but that
the Island St. Simon is a part of the Dominions of the King of
Great Britain, wch. extend much farther South-ward than
that Island. Signed, Fitz waiter. Enclosed,
344. i. Copy of letter, Lord Carteret to Council of Trade
and Plantations, Dec. 8, 1722.
344. ii. Copy of representation by Council of Trade and
Plantations, Dec. 20th, 1722. [C.O. 5, 383. ff. 40,
43, 43 v., 45, 45 v.].
345. Wavell Smith to Mr. Popple. Encloses following to
be laid before the Board. Continues : It will prove 581 135. Id.
paid Mr. Balaguier for his services as D. Secry. etc besides one
year's bill for sallary and contingencys is omitted in the Minutes.
I shall answer the observations on my accounts forthwith, tho'
I can't but apprehend it is something extraordinary that a
private man of St. Chrisr., or even the Agent should be per-
mitted to litigate accounts settled by the Govr. and Council
there, pursuant to the King's Commn. and Instructions etc.
In Westminster Hall they will permit no evidence to be given
against a record, and surely the Journals of the Council are of
that nature in respect to the transactions of the Council. Signed,
Wavll. Smith. Endorsed. Reed. June , Read 25th Nov.,
1736. Addressed. 1 p. Enclosed,
234 COLONIAL PAPERS.
1730.
345. i. References to Minutes of Council of St. Christopher.
June 1724 May 1727, showing payments made to
John Balaguier, Depty. Secretary, amounting to
581 13s. Id. 1 p. [C.O. 152, 22. ff. 234, 235, 241 v.].
June 29. 346. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Enclose extract from Governor Fitzwilliam's letters,
20th Aug. and 22nd Dec., 1735, giving an account of a ship
unjustly seized by the Spaniards, and of the state of the Inde-
pendent Company in the Bahama islands. [C.O. 24, 1. pp.
308, 309].
\
June 29. 347. Mr. Popple to Sir W. Yonge. Encloses extract relating
Whitehall, to Independent Company as preceding. [C.O. 24, 1. p. 309].
July 3. 348. The Duke of Newcastle to the Council of Trade and
Whitehall. Plantations. I send you herewith by Her Majesty's command,
a copy of a letter that I have received from Mr. Oglethorpe,
dated Frederica in Georgia, April the 17th, 1736, and containing
an account of the dispute between him and the Spanish Governor
of St. Augustine, concerning the limits of H.M. Dominions in
those parts of America ; I send you also a copy of a letter from
Mr. Oglethorpe to the Trustees for Georgia, of the same date,
inclosing copys of several letters that have past between him
and the said Governor of Fort St. Augustine upon the same
subject, and of a Memorial transmitted by Mr. Oglethorpe, and
several depositions that have been taken relating thereto ; and
I am to acquaint your Lordships with Her Majesty's pleasure
that you should take the several letters and papers above men-
tioned into your consideration, and report your opinion, with
such observations as may occur to you thereupon, in order to be
laid before Her Majesty. Signed, Holies Newcastle. Endorsed,
Reed. 3rd July, Read 18th Aug., 1736. Ip. Enclosed,
348. i. Mr. Oglethorpe to the Duke of Newcastle, April 17,
1736, Frederica in Georgia. Your Grace's time is so
precious, that it wou'd be injuring the publick to
intrude upon yr. goodness, but as I should be as much
to blame in not writing what is important, as in writing
any thing triffling, I cannot neglect acquainting your
Grace, that a gentleman, who came with a packet
from Sr. Thomas Fitzgerald to the Capn. General of
Florida, and Governour of Augustine, desired I would
send him up to that place, which I did, and desired
him to carry a letter from me to the Capn. General.
The Indian King Toma Chi Chi (pursuant to the assur-
ances he gave to H.M. and your Grace in England)
went down with me to the utmost limits of the King
of Brittain's Dominions to put us in possession of all
the lands held by their nation, from this Island to the
Spanish frontiers. There are three beautifull islands
upon the sea coast, the first, the Indian King's nephew
Tooanhowi who was in England call'd it Cumberland,
AMERICA AND WEST INDIES.
235
1736. [348 i.]
saying that the Duke had given him a watch to show
him how to use time, and that he had obtained leave
of the Creek nation to give his name to that Island,
that through all times his benefactor's name might
be remembered. The next Island, the fairest of this
Province, I called Amelia. Oranges, myrtles and
vines grow wild upon it. To the South of Amelia
lies another Island, the southermost part of which,
is called St. George's Point, is the farthest part of the
Dominions of H.M. on the sea coast in North America.
The river St. John's divides that Island from the
Spanish Florida, it is there about two miles wide,
and on the point of the opposite side the Spaniards
keep a guard. The boat is return'd with the letters
from the Capn. General of Florida, and Governour of
Augustine, and I have sent copys of the letters be-
tween me and him ; to the Trustees, and a Memorial
setting forth H.M. right to these countrys, who will
lay them before your Grace. I am in quiet possession
as far as the Spanish Outguards, and therefore hope
I shall have directions what to do. I have heard that
the Spanish General intends to order me to quit as far
as the river Edistow, that is to say, all Georgia, and
part of Carolina, but as I cannot deliver up a foot of
ground belonging to H.M., to a foreign power, without
the breech of my allegiance to H.M., I will alive or dead
keep possession of it, till I have H.M. orders ; and if
it is H.M. pleasure not to give up this most valuable
part of his Dominions, I can assure your Grace that
the fidelity of the Indians to H.M., and the gratitude
for their treatment, when in England, is such, that
with the same assistance which we had last year from
Parliament, I shall not only be able to keep possession
in spite of all the force of Florida, Cuba and Mexico,
but if I have orders (considering the divisions amongst
the Spaniards in one of those Provinces) there is more
probability that the British arms should entirely
conquer them, than that they can ever drive us out.
And this they know so well, that tho' they may threaten,
they dare not do so flagrant an injustice, as to act
against so clear a right, as H.M. hath to these countrys,
which are the keys of all America. The Spaniards
are very apprehensive of our Indians invading them,
and as I can find no other means of preventing the
Wild Indians from it, I have been forced to raise men,
and ordered an armed boat to guard the River St.
Johns, and prevent any Indians from passing ; and
have acquainted the Governour of Augustine therewith.
I have also built two forts, the one on St. Simons where
I now am, garrison'd with the English which I brought
over, the other on Cumberland, garrison'd with High-
land men And a detachment of Germans, English
236 COLONIAL PAPERS.
173G. [348 i.]
and Americans set out yesterday to build another
fort upon St. George's Point, in order to receive those
boats which are to prevent the Indians from invading
the Spanish Province, and thereby keep up the tran-
quillity between the two Crowns. I hope your Grace
will not only excuse, but approve of the lenth of my
letter, since it is upon so important an occasion, as
that of keeping a Province two hundred miles in lenth,
the land capable of the richest production, the sea full
of good ports, near which all the large homeward
bound ships from the Spanish America must pass
Endorsed, R. June 17th. Copy. 4pp.
348. ii. Governor of St. Augustine to Mr. Oglethorpe. St.
Augustine of Florida, 24th March (N.S.), 1736. Acknow-
ledges letter of 16th Feb. with compliments, but pro-
tests that he has infringed the " treaty made with my
predecessors by going beyond the bounds marked out
to each and extending into the lands of the King my
Master, which I have given an account of to the Catholic
King " etc. Signed, Francisco de Moral Sanchez.
Copy. Spanish. 1| pp.
348. iii. Same to Same, 30th March (N.S.), 1736. Since
w r riting the above, I just now receive two couriers from
the Provinces of Velevez and Talapurez, bringing me
word that about 300 men have passed out of your
Province into those, and that they have been com-
manded to build a fort which they are beginning ; and
as not only those, but other next neighbouring nations
are subjects of the King my master, I cannot believe
that this determination is yours, and therefore till I
have advice from you, I shall take no step in anything.
Signed as preceding. Copy. Spanish. \ p.
348. iv, v. Translation of Nos. ii, iii.
348. vi. Mr. Oglethorpe to the Governor of St. Augustine,
Georgia, Feb. 15, 1736. Having been ordered to
inspect the affairs of this and the neighbouring Province,
will use his utmost endeavours to cultivate a friendship
with His Excellency etc. Recommends to him the
bearer, a gentleman of ancient and noble family in
Ireland, " he has letters to you from the Countess of
Montejo and from Sr. Thos. Fitzgerald, who is now
charged with the King of Spain's affairs in England "
etc. Copy. 1 p.
348. vii. Same to Same. Frederica, 10th April, 1736. Ack-
nowledges Nos. i and ii received by Major Richard.
Continues : Your Excy. mentions that you have reced.
advices from the Provinces of the Uchees and Talla-
poochees concerning 300 men. The first orders wch.
I sent up to all the Provinces upon my arrival were
for the King my Master's subjects not only to main-
tain the tran quility with his Catholick Majesty's sub-
jects, but also to show all the friendship they could
AMERICA AND WEST INDIES. 237
1736. [348 vii.]
towards them, and as far as in their power lay, by their
good offices with the free Indians to restrain them from
molesting his Catholick Majesty's subjects. Whether
my orders were received in the Nations before your
aavices came from thence, I cannot say, for the distance
from the Tallapooches from us is very great, and the
roads through the woods very bad. And what orders
the Lieut. Governor of Carolina had given I have not
been yet informed, but when I have been at Charles
Town whither I intend to go very soon, I shall then
be able to take such measures as are agreeable to the
King my Master's commands etc. Upon these advices
from your Excellency, to prevent any ravages that
might be committed from the King my Master's terri-
tories I have ordered a boat and guards to be posted
to hinder any persons from passing the rivers without
licence and by that means hope to prevent ill disposed
and lawless men from committing of ravages too fre-
quent in America even in the times of the most profound
peace etc. Thanks H.E. for his generous reception
given to the gentlemen sent by him. " The honourable
manner in which you received them after their shipwreck
was entirely Spanish." etc. Copy. 2 pp.
348. viii. Same to the Duke of Newcastle. Frederica in
Georgia, 17th April, 1736.
348. ix. Extract from letter from Capt. Dempsey to Mr.
Oglethorpe. March 29 (N.S.), 1736. Describes his
hospitable reception by the Governor of St. Augustine
and interview with him. v. preceding. Copy. 3 pp.
348. x. Same to Same. April 1st (N.S.). All here are very
uneasy about tidings they have of your Indians' falling
upon them here. I can answer with your Instructions
to bring all to a good understanding. Be pleased to
let me know your will as soon as possible. ... I do
not doubt if I can obtain the letters I writ for to London,
wch. are for the Vice-roy of Mexico and the Governors
of La Vera Cruz and the Havanna, but to be serviceable,
if there be ever so small a beginning. Upon your
answer, the Governor intends to send with me a royal
Officer and one of the garison to wait on you, and if
possible to agree on the limits of both Crowns. In
case that does not succeed, to refer the business to the
Ministers of Great Britain and Spain in Europe. Copy.
348. xi. Same to Same. Aug. 5 (N.S.). Since Major Richards'
departure I have kept my bed. The Governor sat
with me yesterday morning above an hour, who made
heavy complaints of one of his soldiers being murdered
Tuesday night last at a little post of seven men, at a
place called Picolata, about 7 leagues off, especially
nattering himself on your letter, of not only peace
but a sincere friendship etc. I assured his Excy. that
it must be done without your knowledge, and that if
238 COLONIAL PAPERS.
1736. [848 xi.]
they were Indians under the protection of Great Britain,
you would do justice. He thereupon sent me the name
of the Captain, who is called Talofileche, who had with
him four other Creek Indians, and that in case you
did not think proper to give him satisfaction he must
take it for a Declaration of War. That moreover
there have marched into the Province of the Uchees,
subject to the King his Master, and where actually
he has a fort garrisoned, 300 whites, with a great body
of Indians, to erect there an English fortress, of wch.
he had, since my last to you, another express. To
wch. I could make no reply, he being so very positive,
but that I would wait your answer to His Excy's letters.
The drum beat here yesterday about seven o'clock
in the evening, and so did the trumpet sound, and
they all were in as much hurry, as in the time of the
Great Fire at London. They are all here clever alert
people, the most inoffensive and best natured I have
yet known of any nation so much harrast. Nos. ix-xi,
endorsed as covering letter. Nos. x, xi. Copies. 2 pp.
348. xii. Mr. Ogglethorpe to Charles Dempsey. Frederica.
10th April, 1736. Instructions for answers to be
given to the Governor of St. Augustine. Continues :
You may assure the Govr. that I know nothing of the
300 men erecting a fort in the Uchees' countreys, and
that I have sent up to Carolina to know if the Lieut.
Govr. has ordered any such thing before my arrival.
I am also not sure what countrey he means by the
Province of the Uchees ; there are Uchees settled under
the cannon of our fort at Palachocolas, which fort has
been erected above these 30 years ; if he means any
country belonging to the upper, or lower, or middle
Creeks, they are nations in alliance with His Majesty,
and there are English forts in their countreys first
erected by their consent and at their desire. With
respect to these 300 men I cannot conceive what should
be the meaning of it, unless it should be some reinforce-
ment sent up from Carolina to our garrison in the
Creek Nation, or that they should mean a very large
body of Indians, above twice that number, who are
coming down from the nations of the Talappooches,
the Cowetays, the Cussebays and the Pallachocolas
etc., to this part of the countrey with intentions (as
I believe) to fall upon the Spaniards, against whom
they are in a great rage, and have complained to me
that from Augustine there came 40 men who fell upon
one of their families, surprised them unawares and
killed some women and children and two men. They
have desired me to assist them according to the Treatys
with the King of Great Britain, in obtaining satisfaction.
I have sent to them to desire them to desist from
falling upon the Spaniards till such time as I have
AMERICA AND WEST INDIES. 239
1736. [348 xii.]
demonstrated to the Governour, and have told them that
I doubt not to obtain satisfaction without further effusion
of blood, for which purpose I have ordered them to
inquire the time and place and by whom the Indians
were attacked, and what number were slain etc. They
are in such rage at the Spaniards etc., that a party of
them had like to have cut Major Richard to pieces,
taking them for Spaniards, had they not been prevented
by a boat of mine. I am very apprehensive that they
will commit hostilities agst. the Spaniards, for as they
have a government of their own, and are only allies
and not subjects to our King, they frequently make
war in spite of the Govr. of Carolina's orders, and if
they should committ hostilities at the time that I am
fond of friendship and have certified the Governor of
my intentions, it will greatly reflect upon my honour.
I have therefore thought to send down some boats well
armed to keep the passes of the river and prevent their
passing to invade the Spaniards, and at the same time
I shall use my utmost amicable endeavours to prevent
their attacking the Spaniards. But it will be necessary
to obtain satisfaction for the death of their men, which
I would also do in an amicable manner. If any parties
have fallen into the Spanish territories it must be some
of these. King Toma Chi Chi had sent some out, but
at my desire has recalled them, etc. Copy. 6 pp.
348. xiii. Same to Same. Frederica. 12th April, 1736.
Reply to No. x. I can assure you that the Indians
were out without my consent, and I have recalled all
that I could prevail upon. I was forced to go out my-
self, and it was with the utmost difficulty I could con-
tain them. I fear that those who are now coming from
the Upper Nations will not be so easily pacified as these
were, and that some of their straglers will pass the
rivers, tho' their King should consent to the pacification
etc. The people of Carolina have complained, and the
Cowetay Indians complain that the Spaniards are
settling anew the Apellachee towns that were taken
in the late war in Queen Anne's time, and which being
in our possession at the Treaty of Utrecht, the people
of Carolina say that it is an infraction of that Treaty
for the Spaniards to resettle in that land etc. You see,
Sir, that there are complaints on both sides, but I hope
from the good temper of his Excy. and my own strong
inclinations to peace, we shall be able to settle all
things in an amicable manner etc. Copy. 2 pp. Nos.
xi and xiii endorsed as covering letter.
348. xiv. Mr. Oglethorpe to the Trustees for Georgia. Fred-
erica. 17th April, 1736. Encloses above correspon-
dence. Continues : I have advice that 1500 men and
three men of war have left the Havannah. Yesterday
we heard guns off the sea, and one of our outguarda
240 COLONIAL PAPERS.
1736. [348 xiv.]
upon the hills on the southern sea post thought they
discovered ships. The Independant Company is arrived,
but the man of war is not, which makes me fear for
her. As it is impossible for any assistance to come
from England time enough, it is better not speaking
of this, all will be over here long before you receive it.
We shall do our duty, and trust to Providence for
success. I have sent the Duke of Newcastle a letter
inclosed to Mr. Vernon etc., also will acquaint you what
measures are necessary to be taken upon it. Mr.
Causton has sent me his cash account, of which I have
ordered him to send you one. It is necessary for me
to draw upon you for 300 to support the people at
Savannah, pursuant to your general disposition. The
bills are for 200 and 100 payable to Mr. Thomas
Causton or his order. I did on the 12th instant draw
upon you for 50 payable to Mr. Cabot Davis an order
for support of the Agent at Augustine. Signed, James
Oglethorpe. Endorsed as covering letter. Copy. 1 J pp.
348. xv. Memorial of the King of Great Britain's Title to
Georgia. The first discovery of this country was made
by Sebastian Cabbat, who was fitted out by Henry the
7th and 8th and possession then taken in the name
of the King of England. And Sir Francis Drake did
in the reign of Queen Elizabeth upon ye Spaniards
settling there take and burn the Fortress of Augustine,
and thereby maintaind the English right. The Span-
iards some years after the burning of Augustine by
Sir Francis Drake retook possession of that place,
but the Crown of England looked upon the same as
an intrusion, and continued asserting their rights to
these countrys, as far as the 29th degree of Nothern
Latitude. And King Charles the First, made a grant
upon that right of this Province, then call'd Carolina :
Afterwards King Charles the Second, still presuming
upon the same right, did, upon the former Patent being
for non uses forfeited, grant all the lands from 36 to 29
degrees of Nothern Latitude, to the Lords Proprietors
of Carolina and thereby asserted his right to these
countrys. But the Spaniards say that they have always
continued in possession of Augustine, under the Pope's
grant, and that they have supported that grant by
conquest, that when my Lord Cardross came and
settled at Port Royal, under a grant from the Lords
Proprietors, they dislodged him by force of arms, as
being an intruder upon their Dominions, and that the
Crown of England sat down contented therewith.
In answer to which, we do allow that they did dislodge
my Lord Cardross by treachery, and murdered several
families, which was an infraction of the Peace then
subsisting with the Crown of Spain. And the said
injury was afterwards fully revenged by the Crown of
AMERICA AND WEST INDIES. 241
1736. [348 xv.]
Great Britain, for the Creek Indians, being in alliance
with the Crown of Great Brittain, did in the year 1705
attack the Spaniards, and Apellachee Indians, took the
Apallachee towns and the Spanish forts ; and that
the same Indians being in alliance with ye English, did
soon after take the town of Augustine, and besiege the
fort, but not having artillery for to take the Fort, they
at last raised the siege, and came back over the rivers,
but would never suffer ye Spaniards to pass the river
St. Johns. That in that expedition, which was during
an open war between the French and Spaniards on one
side and the Queen of England, and her Allies on the
other, the Creek Indians being of the number of her
allies did by force of arms beat the Spaniards out of all
the Islands, and lands from Port Royal to Augustine.
That after the raising of the siege at Augustine, the
Creek Indians still kept possession of the river St. John,
and would never suffer the Spaniards to resettle either
on the Islands or Continent on this side of that river ;
and that during that possession, the Treaty of Utrecht
was made, by which H.M. and her Allies were to keep
all that they were then possessed of except such places
as in that Treaty were stipulated to be delivered up.
And that since that Treaty, the Creek Indians have
continued in possession to the very hour, that they
deliver'd the possession thereof to James Oglethorpe
for the use of His Brittanick Majesty, pursuant to a
Treaty concluded between his said Majesty and that
nation. Therefore it appears that the lands as far as
St. Johns river doth belong unto his Majesty, by the
same right, that any other lands in America do belong
unto him ; wch. is by being in possession thereof under
Treaties of Peace, and whatsoever can be urged against
H.M. right to these his Dominions, may as well be urged
against his right to Nova Scotia, Jamaica, or any other
part of America, since the Pope's grant reaches to all
America, and the Spaniards never gave up their rights
in form to any part, only that each party should hold
w. pt. they stood possessed of at the time of concluding
the Treaty. And the Crown of Brittain, by their Allies
the Creeks were in possession of the same at the time of
the Treaty of Utrecht, and have continued in possession
thereof to this hour, as appears by the affidavits here-
unto annexed. And the Spaniards have acquiesced
in that possession, since they never pretended to keep any
guard beyond St. Johns River, but have always kept
one, and sometimes two guards on the South side of
St. Johns River. Copy. 3f pp.
348. xvi. Deposition of Jonathan Bryan of St. Helens in the
county of Berkley, Carolina, Gent. 30th March, 1736.
Aged 27, deponent was born in Carolina and hath
ever since inhabited there, Above seven years past
IB {!),
242 COLONIAL PAPERS.
1736. [348 xvi.]
he went from Port Royal to St. Wans River in the
southward part of America, and did not see any Spanish
settlement whatever. He has been credibly informed
that the Spaniards have had no settlements upon any
of the lands between the river of St. Wans and Port
Royal ever since a war in the reign of Queen Anne.
About a fortnight past, he went with Tomo Chachi
Mico and several other persons to the said river of St.
Wans, and he could not then discover any settlement
which the Spaniards had on this, the northern, side of
St. Wans river. Deponent verily believes the south
side of the river aforesaid is the utmost bounds of the
Spanish settlement. Signed, Jonathan Bryan. Copy.
I p.
348. xvii. Deposition of John Latter, John Barber, Richard
Pyke, David Holmes, and Darby Kettihone, boatmen,
of Skidoway in Georgia. 13th April, 1736. About
a month past they went with Tomo Chachi Mico, King
of the Yamacraw Indians, down several branches of
the Alatamaha river, to an island within two miles
of the river St. Wans, and afterwards to said river.
They searched, but could find no settlements made
by the Spaniards upon any of the lands upon the
Alatamaha. They believe that the Spaniards have
not had any settlement whatever upon any of the
lands upon the northern side of the river from Frederica
to the river St. Wans, but that the Indians have kept
possession of the same ; and that the south side of St.
W'ans is the utmost bounds of the Spanish dominions.
Signed, John Latter, John Barber (his mark), Ricd.
Pyke, David Holmes (his mark), Darby Kettihone.
Copy. If pp.
348. xviii. Deposition of William Horton of Frederica, Gent.
13th April, 1736. To same effect as No. xvii. Signed,
Wm. Horton. Copy. 1 p. Nos. xiv xviii endorsed as
covering letter. [(7.0. 5, 365. ff. 83, 85-86 v., 89-90 v.
91 v.-93 v., 94 v.-98 v., 98 V.-102 v., 103 V.-104 v.,
105 t>.-108, 109-110, 114 v.].
[? July 3.] 349. Mr. Oglethorpe to the Duke of Newcastle. The impor-
tance of the subject makes me trouble your Grace with this long
letter. The French upon the Mississippi River, under the
command of Mons. de Bieuville, in October last reed, advices
from Europe, to prepare for a war with ye English this Spring,
which bore date about the time that H.M. declared his intention
of sending a fleet to Lisbon. They spent the winter in drawing
together a body of 2500 French, and wou'd only take 300 chosen
Indian warriors. They in vain attempted to gain over to their
interest the Creek Indians, thro' whose country their road to
Charlestown lies. They provided packhorses sufficient to
carry seventy days provision, made magazines upon the Mobille
River at a fort there call'd Albamos or Fort Thoulouse, which
AMERICA AND WEST INDIES. 243
1736. [349]
is the nearest they possess to Carolina, and to which the pack-
horses from Charles Town go in 21 days. They were to rendevous
at Mobille in January and to take the field in March. In January
Monsr. de Bieuville arrived there, and on the 10th of that month,
vessels from Europe brought him advice, that His Britanick
Majesty's measures had been so succesfull as to procure a general
pacification. On this the troops were order'd all back, and
Monsr. de Bieuville gave out, that the expedition was intended
against the Chickesaws, a nation of Indians in alliance with
the English , and nearer by some hundreds of miles to the quarters
the troops came from than the Mobille. The advanced guard
of Monsr. de Bieuville, consisting of 200 French and 100 Indians,
on the 8th of March, attack'd one of the Chickesaw towns, but
being repuls'd, were persued by the Chikesaws into the Indian
corn fields, and after an hour's hot engagement, the French
retired in tolerable order for three quarters of a mile ; but then
being entirely broke, they left 25 French dead upon the spot,
and 23 French and two Indians prisoners. Nineteen of the
French were immediately burnt. Two English traders who
had carried up goods to sell to the Chikesaws, persuaded them
not to burn the French prisoners, which their war captain wou'd
have consented to ; but unfortunately, one of the French spoke
English, and the trader answering him, the Chikesaw General
cried out, " this is a traitor, he speaks the same tongue as they
do, and he speaks for them ; therefore burn him also." It was
with much ado that the elders of the nation saved him. The
Chikesaws pursued and three days after met with another body
of some hundreds of French, who guarded their boats on the
Mississippi River, but no Indians. The engagement was very
short, the French immediately taking to the stream, where most
of them were drown'd, their boats having been in the beginning
of the action, sunk or burnt by the Indians. We have no advice
yet, what is become of Monsr. de Bieuville, but the trader who
escaped burning, seeing ye Indians with a packet of letters,
procured and deliver'd them to me. I have apprized your
Grace, that the Creek Indians, pursuant to the treaty they made
with His Majesty in England, carried me down to ye frontiers
of his Dominions in America, which are divided from ye Spanish
by the river of St. John's, and of which the English or their
allies the Creeks have been in quiet possession before the Treaty
of Utrecht. Since my last the Governour and Council of war
at Augustine, have disputed our right to St. Simon's and the
Alatamaha ; but at last offerd to leave all differences concerning
the limits of the two Provinces to the determination of the
Courts in Europe, provided I wou'd deliver up the Fort at St.
George's Point, on the north side of St. John's River, over
against their garrison ; which I shall not do without H.M.
orders, if I am able to defend it. I have forebore all hostilities,
tho' greatly provoked, and have fortified in such a manner,
that they do not care to begin. I have not been yet able to go
to Charles Town. I sent up some of your Grace's letters. Others
I kept to carry myself. The people seem very unwilling to
244
COLONIAL PAPERS.
1730. [349]
comply with any of H.M. orders. I was a favourite with them
when I was here before a private man ; but now they are angry,
because I insist upon their paying obedience to the King's com-
mands particularly to that maintaining the peace with the
Indians. Some of their merchants carrying on a clandestine
trade with ye French and Spaniards, are very zealous against
everything that settle's the Indians in H.M. Interest ; for if the
Indians go to the French and Spaniards those merchants gain
by it, because they sell to these nations at vast prices, goods
to present and trade to those Indians. By this Act no person
can go into the Indian country, without giving security for his
behaviour, and obtaining a licence thereupon, a precaution
absolutely necessary ; since if men without security given,
went into countries where are no magistrates to do justice to
the Indians, they wou'd be apt to commit all sorts of offences.
If we suffer 'd the Indians to destroy them for such offences, we
shou'd give them the Government from the King, and if we did
not, they wou'd take a National revenge of us all, and be therein
under hand supported by the French and Spaniards, who are
labouring all they can to promote such an action. I thank
God there are enough honest and faithfull subjects to H.M.,
both here and in Carolina, to execute the King's orders, notwith-
standing the clamours of the men, who can bear no kind of
government, but wou'd rather assist foreigners to draw slavery
upon themselves and their posterity, than they will obey laws
made by the best of Princes for their benefit. Excusing my
being tedious is only making my letter more so, etc. Signed,
James Oglethorpe. Endorsed, Without date, but received with
a letter from him to Mr. Stone, dated Savanah, July 3rd, 1736.
3f pp. [(7.0. 5, 383. ff. 29-30 v.].
July 3. 350. Governor Mathew to Mr. Popple. Encloses dupli-
Antigua. cates of June 1st and of an act of Nevis and two Montserrat
acts ; and an act of Antigua for laying a duty on powder upon
all vessels etc. " This act ought to have been sent long ago, but
I could not get it out of the Secretary's office, whither I sent it
to be recorded etc. It ought to have been returned to me to
St. Christophers, five months ago " etc. Encloses an act of
Antigua for raising a tax for paying public debts etc., and particu-
larly applying the said tax. PS. I pray you will inform their
Lordships that Peter Thomas Esq., one of the Puisne Judges,
being disordered in his senses, I have appointed James Gregory
a Puisne Judge in his stead in St. Christophers. And there
being but six Councillors in Montserat I have placed John Roynon
Esq. at that board. Signed, William Mathew. Endorsed, Reed.
-Oct., 1736, Read 4th Aug., 1737. Holograph. \lpp. Enclosed,
350. i. Duplicate (original not reed.) of letter of 1st June,
[C.O. 152, 23. ff. 1-2 v.}.
July 7. 351 . Governor Belcher to the Council of Trade and Planta-
Boston. tions. I had the honour of writing your Lordships 25th May
last, from which time the General Assembly of this Province
AMERICA AND WEST INDIES. 245
1730. [351]
has been sitting and will rise in a few days. The first act they
past was the Governour's salary in the same manner as last year,
which I shall sign according to H.M. last Instruction. I have
wrote your Lordships year after year, that I have no expectation
of the Assembly's supporting me any otherwise than thej^ have
hitherto done, and I now confirm it. No Acts have been
past this Session of an extraordinary nature. The Secretary
is preparing to send the Laws to your Lordships, with the accotts.
of the Treasury and your Lordships have herewith the Journal
of the House of Repre'ves. to this time. It is now, my Lords,
near two years, that I have been sollicking H.M. bounty of
hemp seed, and which your Lordships were pleas'd to write to
me you had favourably represented to the King, but as none is
come, it has put a great stop to the raising of that Naval Store
in this Province : If your Lordships could get through this
affair, so as that the seed might be here before winter, there
would be considerable quantities of hemp rais'd the next year.
Signed, J. Belcher. Endorsed, Reed. 13th Aug., Read 16th
Sept., 1736. 4 pp. [C.O. 5, 879. ff. 37-38 v., 39 v.].
July 8. 352. Same to the Duke of Newcastle. It is now near five
Boston. years, since I reed, your Grace's commands in favour of Mr.
W. Shirley, who then came hither with his Lady from Great
Britain, and has ever since been in the practice of the law, which
(considering the mean value of the currency) makes but a small
income. He has behav'd here much to his honour and reputation,
and for some time has been appointed by the Lords of the Admir-
alty H.M. Advocate General for the Provinces of the Massa-
chusetts Bay, New Hampshire and Rhode Island, which is a
place of great importance to the Crown, and of much business,
but no salary affix't to it. I have been consulting with Mr.
Shirley, H.M. Advocate General about an Act of Parliament,
to be brought forward at the next session, for the better preser-
vation of the King's masts in his American Plantations, and his
Lady, now a passenger with Capt. Durelly, carrys the draft of
such an act, with which she will wait on your Grace. And
although the act may be perhaps too smart in some things,
and too loose in others, yet it may be the foundation, to give
hints for drawing an act that may answer the good end propos'd.
The care of prosecutions against trespassers in the King's Woods,
which is a business peculiar to the Advocate General of these
Provinces, (the Royal Navy being furnisht with masts out of
them) depends intirely upon the Advocate General, [and] requires
fidelity and skill to discharge it. Mr. Shirley is oblig'd to make
long journeys sometimes at his own expence, as he has particu-
larly done twice, to defend prosecutions carry'd on against
some workmen of the Contractor with the Navy Board for
cutting down masts for the Navy, in which the Crown's title to
the woods in the County of York (late Province of Main) is
affected, and appeals in these cases are now depending before
the King in Council. The prosecutions against the loggers,
and other trespassers, are frequent and difficult, (being unpopular
246
COLONIAL PAPERS.
1730. [352]
July 8.
Boston.
July 9.
Boston.
and invidious) in the affair of the woods, which is of vast import-
ance to the Crown, and rests singly upon H.M. Advocate. Mr.
Shirley is considerable out of pocket, and on this accot., my Lord
Duke, is su'd in an action of 500 damage, tho' he has acted
with the utmost caution, and it can't be expected, that any
Gentm. can serve the Crown with honour in this business, who
is not properly supported. All seizures and forfeitures, arising
in the Customs, go thro' the Advocate General's hands, and
greatly depend on his care and fidelity. The putting in execution
the Sugar acts has been chiefly thro' the care and vigilance of
Mr. Shirley, as Advocate ; yet in some cases, my Lord Duke,
he is wholly unprovided for, as in a late instance, where eighty
hhds. of molasses are secur'd for the payment of the King's
dues, upon which Mr. Shirley was oblig'd to go to Rhode Island,
and it is intirely owing to his direction, that the molasses are
secur'd 'till tryal, and yet in this case Mr. Shirley is at his own
expence, and must continue so all the time he defends them.
I am satisfy'd it might have been easy for an Advocate in such a
case to get from the owners 2 or 300 etc. Proposes that a salary
be paid him out of H.M. Exchequer of at least 200 sterl. etc.
Argues that the Attorney General of New York, an officer of not
a tenth part of the trust and business of Mr. Shirley, has 150
a year etc. Sends this by the hands of Mrs. Shirley etc. Signed,
J. Belcher. Endorsed, R. Sept. 17th. Holograph. 12 pp
[C.O. 5, 899. ff. 231-236 v.].
353. Mr. Peagrum to the Council of Trade and Plantations.
At the request of Mr. Shirley, testifies to the importance and
onerous nature of the office of Advocate General : " The service
of the Crown in carrying on prosecutions upon seizures and
forfeitures agst. the merchants in these Provinces is attended
with a popular odium and disgust and much trouble " etc. His
fees arising from the business of the Customs, 15 sterl. a year etc.
Signed, Jno. Peagrum. Endorsed, Reed. 29th Sept., Read
llth Nov., 1736. 4 pp. [C.O. 5, 879. ff. 79-80 v., 81 v.].
354. Mr. Waldo to Joseph and Ralph Gutston. Testifies
to the services of Mr. Shirley, Advocate General in protecting
the Crown woods, who ought to have a proper salary. Mr.
Shirley has sent a draft of an act for their better preservation
to Sir Charles Wager and the Duke of Newcastle. The country
is engaged against the Crown in their actions against Leighton,
their General Court having ordered their Agent to support
Frost against his appeal at home. Describes how no one would
buy or saw logs seized by the Advocate General and condemned,
but these were surreptitiously sawn for the benefit of offenders
and loaded by the coasters in their sloops, though Col. Dunbar
warned them against doing so. Mr. Shirley has thereupon
prosecuted one of the coasters in the Court of Admiralty for a
contempt of the decree and procured him to be fined 100 province
bills, for which he is now sued for 500 by the coaster etc. Signed,
S. Waldo. Endorsed, Reed., Read 29th Sept., 1736. Copy.
3| pp. [C.O. 5, 879. ff. 55-56 v., 57 v.].
AMERICA AND WEST INDIES.
247
173(5.
July 9.
Boston.
355. Mr. Waldo to Mr. Popple. Since I had the favour of
the Royall order for Colo. Dunbar to quitt the Eastern lands,
I have done all I possibly could to effect the settlement of two
towns on St. George's River, which after a survey of the whole
tract contd. in the patent, I had laid out, and notwithstanding
a denyall Govr. Belcher gave me of protection began with the
number of 163 familys, many of which being on the spott, and
the others ready to remove there, but to my very great surprise,
damage and disappointment I am forbidden by H.E. to proceed
upon a pretence of the Indians, who att first manifested a good
likeing to my settlement, being now dissatisfied, so that the
poor people in that country are and will be much exposed to
the insults of their Indian neighbours, and the settlement which
I had hopefully begun with the expence of a large sum of money,
will without the immediate protection of the Crown be intirely
deserted etc. Is preparing a state of the case to be laid before the
Board, etc. Signed, S. Waldo. Endorsed, Reed., Read 16th
Sept., 1736. Holograph. 2 pp. [C.O. 5, 879. ff. 54, 54 v.,
58 v.].
July 10.
Whitehall.
356. Order of Committee of Council. The Lords of the
Committee this day took into consideration a Report made by
the Lords Commissioners for Trade and Plantations, for repealing
an Act past in the Province of the Massachusetts Bay, etc., to
prevent the Currency of certain bills or notes of hand emitted by a
Society or number of persons in the Province of New Hampshire,
and heard Counsel for the Agent of the Massachusets Bay in
support of the said Act, and, being informed that bills of credit
to a great value have been issued in the several Provinces which
formerly were a part of, and called New England, vizt. Massa-
chusets Bay, New Hampshire, Rhode Island and Connecticut,
do think it proper hereby to order, that the said Lords Com-
missioners for Trade and Plantations, do consider of, and lay
before this Committee, a state of the paper currency in those
Provinces. Signed, Ja. Vernon. Endorsed, Reed. 23rd July,
Read 10th Aug., 1736. 1 p. [C.O. 5, 879. ff. 9, 14 v.].
July 10. 357. Lt. Governor Gooch to Mr. Popple. Acknowledges
letter of 18th March, received 6th instant. The Commissioners
appointed to settle Ld. Fairfax's bounds will set out in the
beginning of Sept., the only season of the year for such a survey,
etc. Signed, Will. Gooch. Endorsed, Reed. 18th, Read 20th
Oct., 1736. f p. [C.O. 5, 1324. ff. 27, 33 v.].
July 10.
Boston in
N. England.
358. J. Wimble to the Duke of Newcastle. Abstract. The
Collectors' places at Cape Fear and at Bath in N. Carolina being
vacant, requests his Grace's help in obtaining one ; " the former
i should rather because I have a small instrust there " etc. Signed,
James Wimble. Addressed. An illiterate letter. 1 p. [C.O.
5, 899. ff. 237, 238 v.].
COLONIAL PAPERS.
1736.
July 15.
Kensington.
July 16.
Kensington.
July 17.
Antigua.
359. Order of Queen, Guardian of the Kingdom and H.M.
Lieutenant within the same, in Council. Approving draught
of Additional Instruction to Governor of S. Carolina concerning
erection of a gaol. Signed, Ja. Vernon. Endorsed, Reed.,
Read 25th Aug., 1736. l^pp. [C.O. 5, 365. ff. 115,118 v.].
360. Order of the Queen, Guardian of the Kingdom, etc.,
in Council. Appointing John Colleton and John Braithwaite
Councillors, S. Carolina, in the room of Ralph Izard and Francis
Yonge. Signed, W. Sharpe. Endorsed, Reed. Read 25th Aug.,
1736. l%pp. [(7.0, 5, 365. ff. 116, 116 v., 117 v.]
361 . Governor Mathew to Mr. Popple. I now send Minutes
of the Council of Montserat from the 25 March to 24 June, 1736,
and Minutes of the Assembly of Montserat for that quarter.
And an Act of the Island of Montserat entitled An Act for the
more effectual preventing all trade in those parts between H.M.
subjects and the French. I must pray in behalf of these distressed
Sugar Colonys, you lay before their Lordships this most nec-
essary law for their kindly commending it to H.M. for the royal
confirmation. We cannot here with any show of reason pretend
to intercept any French vessel laden with their own produce
sayling on the High Seas any whither through this Government.
And the Act of Parliament, to prevent the Rhode Island and
New England men tradeing with them, from their evasions in
these parts, and the negligent behaviour of the officers to the
Northward is of no better avail, than as a testimony that 'tis
the sence of the Parliament this destructive trade to these
Colonys should be broke through, and this has chiefly, besides
H.M. Instructions and other motives recited in the Preamble
of this law, with a firm conviction we were dayly undoing by this
trade, induc'd me to assent to this law. And such a one is
passing the Legislature of St. Christophers and introducing in
the Legislature here. For tho' French vessels, as I said, cannot
be intercepted on the High Seas carrying their molass and rum
to the New England and Rhode Island men who have and still
continue to sett the Act of Parliament at nought. Still this
last resource remains for us, and is provided for by this law.
That they shall not return with the produce of this illicit trade,
for the English commoditys found on board shall convict them
of that trade and bring them to a confiscation. This if watch-
fully attended to, by the Governours and ships of war here, will,
I hope, give us in great measure the releif intended by Parliament,
and the French will soon grow weary of a trade big with our ruin,
and have less encouragements to trample upon and destroy us,
as with the most unheard insolence and cruelty, they have long
continued to do in these French Islands. A very recent testi-
mony of their presumption hapned but in May last. The sloop
Dolphin of this Island went to Domenica. The French Guarde
de Cote seizd her there, pretending she had traded with the
French there, carry'd her by force to Martenica, imprisoned and
cruelly used the crew, brought her to tryal, but no trade
AMERICA AND WEST INDIES. 249
173G. [361]
prov'd. Yet, after long imprisonment, they were dismissd,
paying all charge of suit expences and exorbitances, of which
I have the testimonys now by me from their own bureaus. Is
Domenica a French Island ? The French are actually 364
familys now upon it, under Monsieur Le Grand, the Commandant.
But the French General took his commission from him about
four months ago, that he might say he held no power then under
him, but he has given him another since, and directs to him as
Commandant : Arthur Wilkinson of this Island tells me he once
carry'd a letter from Monsieur Champigny to Le Grand directed,
Commandant des Francais d La Domenique. John Tomlinson
Junr. Esqr. having refused to continue acting as a Puisne Judge
in this Island, I have with consent of the Council appointed
Edward Home Esqr. in his stead. Signed, William Mathew.
Endorsed, Reed. 10th Sept., Read 1st Oct., 1736. Holograph.
3? PP> [C.O. 152, 22. ff. 127-129 v.].
July 19. 362. Mr. Shirley to the Duke of Newcastle. Abstract.
In obedience to instructions from Governor Belcher has drafted
a bill for the better preservation of the woods, which, I appre-
hend, will effectually remedy the several mischievous practices
I have found by experience in my part to have rendered the
acts already made etc. ineffectual, and without which I am
satisfy'd no new act of Parliam't ever can be made to answer
the end of the Crown etc. Refers to Governor Belcher's letter
recommending that a salary should be annexed to his post, etc.
Signed, Wm. Shirley. Endorsed, Reed. Sept. 17th. Holograph.
3 pp. [C.O. 5, 899. ff. 239-240 v.].
July 20. 363. Mr. Thomlinson, Agent for New Hampshire to Mr.
Great Trinity Popple. Forwards information as to the paper money out in
Lane. Massachusetts, Rhode Island and New Hampshire. Signed,
John Thomlinson. 3 large pp. [C.O. 5, 879. ff. 105-106 v.].
July 20. 364. Captain Burrington to Commissioners of H.M. Customs.
London. Makes suggestions concerning collection of the customs in N.
Carolina. Signed, Geo. Burrington. Endorsed, Reed. 27th
July, Read 21st Oct., 1736. 9 pp. [(7.0.5,395. ff. 29-33 v.,
34 v.].
July 22. 365. Governor Belcher to the Council of Trade and Planta-
Boston. tions. Since I had the honour of writing you last, I have had a
conference with a number of Indians delegated from those call'd
the Penobscot tribe being in the Eastern part of this Province ;
Encloses following. Continues : I think they went away satis-
fy'd in the justice of this Government, and which I hope will
tend to establish and lengthen out the good peace subsisting
between H.M. subjects of this Province, and those Indians.
The present given them consisted in blankets, hats, guns, powder
and shot, to the value of about 35 sterling. Mr. Partridge will
deliver your Lordships the Journal of the House of Representa-
tives of this Province to the time I prorogu'd them. Signed, J.
250 COLONIAL PAPERS.
1736. [365]
Belcher. Endorsed, Reed. 13th, Read 16th Sept., 1736. 3 pp.
Enclosed,
365. i. Conference between Governor Belcher and the Penob-
scot Indians, relating to Mr. Waldo's settlement on
St. George's River. Penobscot Indians' letter to the
Governour, July 22, 1736. Great Governour, whereas
there have been misconstructions of what we have said
at Casco and other places, as tho' some Frenchmen
or others had filled our heads with what we should
deliver : we assure your Excellency, that our results
have been formed and consummated at our Head
Plantation without the advice of French or English,
and that we have conjured Captain Gyles to send you
the sense of our souls w r hich shall be expressed to him
in our words. Having for a year past desired that
some of our tribe might, as our Representatives, wait
on your Excellency ; and met with various obstructions
herein ; it's apparent to us that our attendance upon
your Excellency is thought unnecessary, therefore
we undertake the declaration of our mind by writing,
and now, Governour Belcher, we would mention some-
thing of the case between Mr. Waldo and us, fearing
whether you may have been well informed thereof.
At his first appearance at George's a few Indians met
him, and (perhaps through expectation of liquors)
assented to his building an house and mill, without
any direction from Chiefs, Council, or the proper
owners of the land. But on his second arrival, the
Chiefs being present, we let him know our dislike of
his setleing upon any former or foreign pretences of
claims derived from those, whose the land never was ;
yet after long debate, and through extream fondness
of Peace, we assented to his setleing the lots, and
finishing the houses which he had begun upon the river ;
which upon long and serious consideration of its atten-
dants and consequences we now repent of, and desire
you to prevent ; we expect you have power so to do ;
we think it will cause the breach of peace : which
doubtless it's the duty of every power to prevent.
But if they will proceed further up the river, or else-
where, they may depend on our displeasure. For
when lands are taken from us in time of war, we are
content, but if in time of peace, we cannot rest satisfied.
If persons would setle lands not their own ; we choose
that they would tell us so plainly, and not wind them-
selves in, and encroach upon us by subtilty, for then
we should immediately come to some resolution
we must acquaint your Excellency of something further
vizt. : Whereas its our agreement to inform each other
of any grievances &c. ; we account ourselves aggrieved
in the late restriction of trade, which at the time of
our agreements was free and open, tho' we are well
AMERICA AND WEST INDIES. 25 1
1736. [3651.]
pleased with that article in the restriction which pro-
hibits strong liquor. In case one or two of our tribe
should write to your Excellency, we desire your Excel-
lency would take no notice of it unless by the advice
of a General Council. We pray your Excellency to
give these words their due weight, for they are of vast
importance, and let us do our utmost for the securing
peace and friendship, with hearty affection we salute
your Excellency. Chasonset, Adowekenk, Lewis Hen-
guid, Loron, Papoodowit, Joba, Joseph Akasunhawk,
Asswenuit, Paterrimin, Bamenuit. [Totem marks].
Copy. 2^ pp.
365. ii. Minutes of Council and Assembly of the Massa-
chusetts Bay, 17th May 25th June. The Penobscot
Indians were heard by the Governor in the presence
of the two Houses, and at his invitation, a Joint Com-
mittee considered and reported upon their complaints
after hearing Mr. W T aldo and the said Indians (July 3).
Governor Belcher accordingly gave the Delegates of
the Penobscot Indians the following reply in a Conference
in the Council, the whole General Court being present
(July 6) : concluding : I have considered your first
grievance and complaint of Mr. Waldo's endeavouring
to setle above the Falls or flowing water in St. George's
River, and I do assure you, upon the advice of this
whole Government, that neither Mr. Waldo nor any
other person shall have any countenance for setleing
above the falls or flowing water there until the Govern-
ment is satisfied that these lands have been purchased
of such Indians as were the rightful owners thereof.
As to the grievance of what you have offered about
the new law for restraining trade, it was done to prevent
your being cheated and imposed on by private traders,
and the Government make no doubt of your finding
the benefit of it, but if it should turn out otherwise,
you shall find reliefe. As to the truck master's imposing
on you about the price of beaver ; care shall be taken
you shall have the full price for the future according
as the season of the year governs, and care shall be
taken you have a copy of what I say for your informa-
tion. I have said what I have to say. If you have
anything to say, I shall be glad to hear it. Coll.
Espegnet. Some of our young men did some mischief
at Pemaquid, they killed a pig, I am sorry for it, but
they have been very hardly used. A man took away
the English flagg the Governour formerly gave us,
and two shirts. Governour. Who took away the flagg.
What person was it ? Indian. I don't know who
he was, but we ask'd Captain W T oodside, and he told
us 'twas a man the Governour sent for to the westward
to live at his farm. Governour. I'll ask Captain
Woodside, and if the flagg is lost you shall have another.
252 COLONIAL PAPERS.
1730. [365 ii.]
Espegnet. I would not hinder the Delegates' Speech.
Captn. Jobe, Speaker. The conclusion of what we have
to say is allowed, so far is concluded if anything should
happen by our young men, we pray there may be a
hearing and enquiry into the matter first ; we have
got no more to say at present. Governour. As we
are now good neighbours and friends we desire to
continue so, and this is specially agreed to in all the
Treaty s of Peace. You must act wisely and prudently
respecting the settlements made there, and if you find
difficulty s, you know where to complain, that things
may still be kept peaceable. You may entirely depend
on the observation of all the Articles of Peace, they
shall be strictly performed. Governour. Drink, King
George and all friends at Penobscot. Indians. Return
the Salute. The present of the Government brought
out, and his Excellency ordered the present to be
delivered and said it was from the Government, there
being three hatts with feathers. The Governour told
them that was to distinguish those three who were
King George's officers, etc. Signed, P. Simon Frost.
Dep. Secry. Endorsed, Reed. 13th, Read 16th Sept.,
1736. 3% pp. [C.O. 5, 879. ff. 40-52 v., 53 v.].
July 26. 366. President Clarke to the Duke of Newcastle. I do
New York, myself the honor to send to your Grace a copy of my letter of
the 18th[?] of June, I hope Mr. Oglethorp's apprehensions of
hostilities from the Spaniards are pretty well over, for we hear
nothing of it. I heartily wish succes to the setlement of Georgia
on every account. If the people have their health they will
in a few years be too numerous to fear any attacks from the
Spaniards and become a strong barrier to Carolina, and I think
those places that are frontiers both against the Spaniards to
the Southward, and against the French to the Northward ought
to have incouragement to extend their settlements and to make
them as populous as possible. It was principally with this
view and to augment H.M. quit rents that I projected a scheme
to setle the Mohacks country in this province, which I have
the pleasure to hear from Ireland and Holland is like to succeed.
The scheme is to give grants gratis of an hundred thousand
acres of land to the first five hundred Protestant familys that
come from Europe in two hundred acres to a family ; who
being setled will draw thousands after them for both the situation
and quality of the land are much preferable to any in Pensilvania,
the only northern colony to which the Europeans resort, and
the quit rents less. Governor Cosby sent home the proposals
last summer under the Seal of the province, and under his and
the Council's hands, but it did not reach Dublin till the last day
of March ; had it come these two months sooner I am assured
by a letter which I lately received directed to Governor Cosby,
that we should have had two ships belonging to this place (then
lying there) loaded with people, but next year we hope to have
AMERICA AND WEST INDIES. 253
1736. [366]
many both from thence and from Germany : when the Mohacks'
country is setled we shall have nothing to fear from Canada ;
our beaver trade will be well secured, and greatly augmented,
and the navigation and trade of the province in general vastly
increased, and the hempen manufacture set on foot, and I pre-
sume to hope the scheme will receive your Grace's approbation
and protection. I have the honor to assure your Grace that the
heats and animosities which lately raged in this province are so
much abated that from one end of the town to the other, nothing
of complaint or party disputes, which were lately the whole
conversation, are now talked of, and if neither Morris nor Van
Dam be restored, I am confident that I shall restore the province
to perfect tranquility and to a more flourishing condition than
ever. I may venture to assure your Grace, however vain it may
appear, that the present good disposition of the people arises
in a great measure from the opinion they have of me on a long
experience. The main things that remain to be done to fix the
quiet of the province on a lasting foundation are to get this
Assembly to meet, to make good the deficiencies of the present
Revenue, and to setle another before this expires of which I
have now a fair prospect : It is the present Assembly that must
do it. If your Grace will vouchsafe to give me your protection,
that I may be continued in the administration of the Govern-
ment, I will undertake on the forfeiture of my life to get the
Assembly to do those things before this revenue expires, which
will be in September, 1737. But if a Governor arrives before
it be done, the province will undoubtedly be thrown again into
convulsions. Zanger has lately published a vile paper highly
reflecting on the memory of Governor Cosby, which would not
have been writ, I believe, had not some warm spirit printed the
introduction to Morris's case with some observations on it ;
this enraged his son or one of his friends w r ho in revenge wrote
this scandalous paper, the only one that has appeared a good
while ; their spirits were sunk, they had nothing to say, and
must be silent unles Bradford the other printer provoked them,
which I will endeavour to prevent, etc. Signed, Geo. Clarke.
Endorsed, R. Sept. llth. Holograph. 4 pp. [(7.0. 5, 1093. ff.
410-411 v.].
July 28. 367. Governor Mathew to Richard Coope. Extract from
letter. My sloop has seized a French ship just in the same cir-
cumstances with the sloop Fortune (v. Nov. 3 etc.), except that
under the countenance of the Montserat act, she has been brought
to trial (as that sloop was not) and is condemn'd ; but on a peti-
tion of the master, an appeal is granted him, and everything
he ask'd, (viz.) twenty five days' time to fetch counter-security
from Martinica, for security he offered in Montserat by his
petition, on giving wch. he is to have ship and cargo untouched
and to proceed on his voyage to Cadiz. Endorsed, Reed,
(from Mr. Coope), Read 3rd Nov., 1736, Copy. 1 p. [C.O.
152, 22. ff. 152, 155 v.}
254 COLONIAL PAPERS.
1736.
July 29. 368. (1) Memorandum [? by Mr. Delafaye] of letters and
papers relating to Admiral Vernon, " for Sir R. Wle."
(2) Considerations on reading Admiral Vernon's letters, 3| pp.
[C.O. 318, 3. Nos. 49, 50.].
July 29. 369. Mr. Partridge to Mr. Popple. In answer to thy letter
London of this day according to thy desire I send thee my answers to
5th mo. ^y se veral questions relating to the publick bills of credit of
Rhode Island, etc. (1) In 1732, the last account I have etc.,
there was extant no more than 180,000, part whereof was for
the service of the Crown in the expedition to Canada and Port
Royal, for the building of their fortification and other publick
uses etc. It was then about 20 years, since silver money pass'd
as a currency in that Colony, but since that time it has been
bought and sold there as other commodities, to export for Great
Britain, therefore the people were under a necessity for making
public bills of credit to serve as a medium of trade and for a
better conveniency in their commerce with their neighbours.
(2) Thinks that they were at first lent out at 5 p. cent on land
security, but has not had any of their laws for making those
bills transmitted to him. (3) As the Exchange is at present
530 in Rhode Island currency is equal to 100 sterl. (4) Un-
doubtedly a profit arises to the Colony by the interest on loan of
the said bills, which goes a good way towards paying the incident
charges of the Government etc., besides the advantage it is to
particular persons that are under but indifferent circumstances
of life by relieving them from the grievous oppression of paying
10 and 15 p. cent interest for money as they did before these
bills were issued. (5) Not having seen the laws in question,
cannot say what provision was made for sinking them, but does
not doubt there is some, " and altho' the Boston people refused
to take these bills for a while, yet now they pass there currantly
etc. Refers to enclosed paper and report of the Lords of Trade in
1732 or 1733. PS. I wish thou coud'st put forward the affair
at ye Board relating to the New Jersie petitions etc. Signed,
Richd. Partridge. Endorsed, Read 2nd Feb., 173f. 2| pp.
Enclosed.
369. i. Copy of Remonstrance or Answer to Complaints in
a petition to the King. Newport, 17th May, 1732.
(1) In all our laws etc. relating to the paper currency
no mention is made of silver money by the oz., which
the complainants have falsely insinuated etc. There
is not now extant of bills of credit more than 180,000
etc., as in preceding. (2) The Memorial that was
presented to the General Assembly of complainants
etc., was look't upon after a due hearing to be full of
absurdities and not worthy of notice, whereupon the
same was dismiss'd. The aforesaid memorial with
copies of some other papers presented to H.M. by the
complainants was accidentally discover'd (with the
Seal of this Colony affix 'd thereto) by his Honour the
Depty. Govr, who immediately with two of the Council
AMERICA AND WEST INDIES. 255
1736. [369 i.]
waited on the late Governor, Joseph Jencks, Esq.
who gave permission to the Depty. Govr. to call the
Assembly particularly on this affair, the Councellors
aforesaid then present. The Assembly etc. finding the
copies the complainants obtain'd of the Secretary
were loose papers and never reed, in the Assembly as
record, except the Rit for emitting 60,000, did unani-
mously order said copies to be cancel 'd, which original
copies were not directed to this Government, but were
brought by a private hand and not authentic, and
before the Seal is affixed to any papers relating to the
Colony, it is the custom to have consent of some of
the Council except Commissions for Officers, which
we have particular acts for ; and the late Governor's
dissent from the act from the last Bank in 1731 was
voted illegal by the General Assembly, the same being
enter 'd the day after the adjournment of that session,
as appears by the records of said Court ; also his
petition presented to his Majesty by Mr. Thomas
Sandford relating to the complainants affairs is revok'd
by a letter under his hand to said Mr. Sandford ; and
likewise the transactions of the Secretary in affixing
the Colony Seal to papers not accepted by the Assembly
is illegal and contrary to the practice of his predecessors
in said office ever since this has been a Government.
(3, 4) The acts and proceedings of this Government are in
conformity with the Charter and not repugnant to laws
of Great Britain on H.M. prerogative etc., and by no
means elude the Proclamation and Act for ascertaining
the rates of foreign coins etc., but was more strictly
observed by this longer than any of the adjacent Govern-
ments, till it became a practice to clip and engross the
then currt. silver money and to export it to the neigh-
bouring Governmt. of New York, where it pass'd
currt. by tale. Which with the expeditions aforesaid,
and the encrease in European goods occasion 'd so great
a scarcity of money and oblidged us as well as the
other Governments to make a paper currency for a
medium trade, and 'tis now the unhappy circumstances
of the Government that so long as we have no produce
in the Colony nor any commodities to ballance the vast
sums of money due from this country to the British
merchants etc. saving only a small proportion of goods,
as bone, oyle, tarr etc., which with all the silver money
imported is immediately exported to England to pay our
debts, and with great submission after a long experience
we find it impossible to support trade without a medium
of their currcy. (5) There was never any such order
as they set forth sent to the late Honble. Govr., Govr.
Cranston and Company came to hand, nor was it ever
the practice of this government to send their laws
home for H,M. royal approbation thereon, But the
256 COLONIAL PAPERS.
1736. [369 i.]
same were in force here as soon as proclaim'd and
presum'd always to be agreable with our Charter.
(6) We likewise humble conceive that the instruction
given to H.E. Jonathan Belcher, Esq. Govr. of the
Massachusets Bay relating to the limitation of their
currcy. does no way reach and affect this Governmt.
being seperate and distinct from that. (7) The several
acts for continuing the payment of our mony was
agreable to the state of the country and to the satis-
faction of the inhabitants in general, and we can't
perceive it has sunk in value by the last emission,
silver mony being then sold for 20s. per oz. now for
18*. 6d., and most of the commodities vendible here
are fall'n in proportion. If there should be an order
for paying the mony according to the first acts upon
which the several Banks were emitted, it will make
great confusion and be of very ill consequence to the
inhabitants. And our happy priviledges which we
have enjoy'd near seventy years under H.M. and his
Royal predecessors we conceive will not be eclips'd by
so small a number as eighteen unreasonable and dis-
satisfied men, some of whom have been in the practice
for many years past of exacting exorbitant interest
at the rate of ten and fifteen p. cent, which is a grievous
oppression to the inhabitants (notwithstanding the
cares of the Government to suppress it) and likewise
the bane of trade and directly contrary to the Act of
Parliament ; From all which it is very evident that
the complainants have no other view but to enhance
their estates by the ruin of their country. Copy.
4 pp. [C.O. 5, 1268. ff. 249-252 .].
July 30. 370. Mr. Wilks to Mr. Popple. Has never been sent any
Austin Fryers, account of the paper currency from Connecticut. Continues :
I only know that it passes promiscuously wth. the Massachusets
bills of creditt, and is at the same discount in proportion to
sterling money, wch. is abt. 520 for 100 sterl. etc. Signed,
Fra. Wilks. Endorsed, Reed. 2nd Feb. 173f. 1 p. [C.O. 5,
1268. ff. 253, 256 t>.].
Aug. 5. 371 . James Logan, President of the Council of Pennsylvania,
Philadelphia, to the Council of Trade and Plantations. It having pleased
God this morning to remove by death the Honble. Patrick Gordon,
Esq., Deputy Governor, etc. I am, in pursuance of the Act of
Assembly for the further securing the administration etc., to notify
the same to your Lordships, and that thereby for the present
the administration devolves on me as President of the Council
joyntly with that Board etc. Will discharge this trust, with his
brethren, with the utmost fidelity to His Majesty etc. Signed,
James Logan. Endorsed, Reed. 13th Oct., 1736, Read 13 Jan.,
173f 1 p. [C.O. 5, 1268. ff. 245, 248 v.].
AMERICA AND WEST INDIES.
257
1736.
Aug. 5. 372. Same to Duke of Newcastle. Duplicate of preceding,
Philadelphia, mutatis mutandis. Signed, James Logan. Endorsed, R. 13th
Oct. 1 p. [(7.0. 5, 1234. No. 15].
Aug. 5.
Whitehall.
Aug. 5.
Whitehall.
Aug. 5.
Boston.
373. Council of Trade and Plantations to the Committee
of the Privy Council. We have considered the humble petitions
of the President and Council, the speaker and several members
of the Assembly of H.M. Province of New Jersey, of the Grand
Jury of the said Province, and of Mr. Richard Patridge, Agent
for New Jersey, together with two other papers annexed to
the last mentioned Petition, all of them referr'd to us by your
Lordships on the 24th day of May last, humbly praying, for the
reasons therein contain'd, that when H.M. shall nominate a
Govr. for the Province of New York, the Province of New Jersey
may not be included in his Commission, but that H.M. would
be graciously pleased to appoint a separate Govr. for the said
Province of New Jersey. We have considered the reasons given
by the Petitioners for this separation, and upon the best informa-
tion we have been able to procure, we take leave to acquaint
your Lordships, that the allegations of these several petitions
appear to be of great consequence ; and we cannot doubt but
that a separate Governor whom the Province is willing to support,
would be a means to give a quicker dispatch to their publick
affairs ; to encrease their trade and number of people, and very
much advance the general interest of the Province, wherefore
we are humbly of opinion that H.M. may be graciously pleased
to comply with the prayer of these Petitioners. [C.O. 5, 996.
pp. 390, 391].
374. Qouncil of Trade and Plantations to the Lords Com-
missioners of the Treasury. Enclose accounts of incidental
charges of the office, Lady Day to Midsummer, and request
payment of quarter's salaries then due. v. Journal. [C.O.
389, 37. pp. 373, 374.].
375. Governor Belcher to the Duke of Newcastle. Encloses
following account of Conference with the Penobscot Indians.
Continues : I think they went away satisfy 'd in the justice of
this Government and which I hope will tend to establish and
lengthen out the good peace subsisting between H.M. subjects
of this Province, and those Indians. The presents given them
consisted in blankets, hats, guns, powder, and shot, to the value
of about 35 sterling. Signed, J. Belcher. Endorsed, R. October.
2 pp. Enclosed :
375. i. Penobscot Indians' letter to the Governour. St.
George's, A.pril 10, 1736. See July 22. End. i. Same
terms but differing date.
375. ii. (a) Contract from Minutes of Council of the Massa-
chusetts Bay, May 17, 1736. The Governor having
communicated preceding, the Council advised that H.E.
should give orders to Capt. Gyles to acquaint the Indians
that he should be glad to see some of their tribe at Baslon
258 COLONIAL PAPERS.
1736. [375 ii.]
in June, and that Capt. Gyles and Mr. Seacomb attend
them.
(b) Governor Belcher's letter to the Penobscots,
Boston. May 18, 1736. Reply to No. i. Abstract.
Does not think it unnecessary that some of them should
come to Boston, when they judge they have anything
material to lay before him, and takes it very well that
they have let him hear from them on those important
points. They may entirely depend on his strict obser-
vance of the articles of Peace etc. Will be glad to see
a number of their Chiefs, as delegates with ample power
on behalf of the Tribe, " at Sanders's next return,
to whom I have given orders to entertain you very
kindly " etc. Signed, Your very good friend and
brother, J. Belcher. Copy.
(c) Governor Belcher's Message to the Council and
Representatives. June 23. Announces arrival of the
Indian Chiefs on 21st. and desires the assistance of
both Houses to confer with them.
(d) June 25, 1736. At a Conference in the Council
Chamber, Boston, between Governor Belcher and
Arexis and Delegates of the Penobscot Tribe of Indians,
the whole General Court being present, the Chiefs
saluted the Governor, and expressed their joy at seeing
him. The Governor invited them to use all freedom of
speech in stating their complaints. Arexis explained
that he was appointed to speak as Chief man of the
Delegates, but as his throat was sore, he deputed
Bemmorawadd (Capt. Jobe), who then enumerated
their grievances : (1) The people's setleing at St.
Georges, they crowd nearer to us, than what was pro-
posed by us, and Mr. Waldo, at which we are very uneasy
etc., Desire H.E. to put a stop to it, as in No. i. (2)
The trade at the Truckhouse we like well, it is what was
at first agreed on that it should be kept open and free
for every one. But to put a stop to trade everywhere
excepting at the truck house will cause an uneasiness to
us till the same openness and freedom of trade is restored
to us as it was first agreed on, the new law which was
made the other day.
(3) The truckmaster tells us our beaver is not of full
price notwithstanding it is taken in cold weather (out of
ice and snow) and will allow us but the price of fall
beaver when other traders allow us full price with the
spring beaver and this is the price allowed by all traders
everywhere else and we are allowed no more than fall
beaver price till late in the winter or early in the spring
by the truckmaster.
Governour. Now you are here, I would have you
speak freely, especially as to the settlement at Georges,
and let me know what line of settlement you have
proposed and with whom,
AMERICA AND WEST INDIES. 259
1736 [375 ii.]
Indian. We are easy the English should come to the
floating water at the falls ; this we are content with,
but not so as to affect the title of land, for we cant be
content with any settlements further than the falls ;
we are willing the sawmill should remain, and the house
with a good family in it, and also an house to take care
of the grist mill when built, and that the ways from the
truck house there should be kept clear, for if that settle-
ment should be allowed, it will draw on war and blood-
shed. It was with great difficulty that our old men at
several meetings in Council could at last prevail on the
younger sort to agree to the settlement of the English on
the main river as high as the falls.
Gorernour. With whom did you agree for the settle-
ment there ? You had no order from me or agreement
for the settlement. What private agreement had you ?
Indian Speaker. Mr. Waldo was down there, it was
with him. When we first saw him in the spring, he told
us he purchased the lands of Medockawando and came
to settle them. We told him we did not know who he
purchased our lands of. Mr. Waldo said we knew he
had purchased them of Medockawando but that we did
not care to own it. We said we would not have him
make settlements on the land till the Captain General
knew it and approved it. We had no opportunity of
informing your Excellency else we should have wrote.
Governour. Did not Mr. Waldo show you a deed ?
Indian Speaker. Mr. Waldo said he had no regard
to English or Indians. He said he had purchased the
lands and would setle them. He did not read any deed,
but showed us a paper with a large seal to it and said
that was his title.
Governour. W T ho did Mr. Waldo say sold him the
lands ?
Indian Speaker. He shewed us a great many papers ;
one he said came from England, another he said was from
Medockawando. When he told us of Medockawando's
deed, we said we had made diligent search and enquiry
and we could not find any right or title Medockawando
ever had to the land at St. Georges. The nearest he was
to us was Mechias or St. Johns. We told Mr. Waldo
if Medockawando had any right or title, it must have
been known to some of us and not kept from us close hid,
under the armpit, and the consideration of the purchase
must have been discovered by some of the Penobscot
tribe. Mr. Waldo enquired who we should like best for
our neighbours, English or Irish. W T e said English for
tho sometimes we fell out as boys do at play, yet after-
wards we were reconciled and got friends again. But
as to foreign men we were not acquainted with their
manners and did not know their customs.
Salutations, The delegates withdrew,
260 COLONIAL PAPERS.
173(5. [375 ii.]
(e) In Council, June 25, 1736. Appointment of a
joint Committee with the House of Representatives to
examine Mr. Samuel Waldo and advise the Governor as
to his reply to the Indians. Sent down for concurrence,
J. Willard, Secy. In the House of Representatives,
June 25, 1736. Read and concurred and members
appointed to the Committee. J. Quincy, Speaker.
(/) The Committee find that in the year 1629 a grant
was made by the Council established at Plymouth to
John Beauchamp and Thomas Leveret (under whom
Mr. Waldo claims) of a large tract of land in the Eastern
Countrey which includes the lands on each side of
Georges River. In the year 1604 Sr. William Phipps
purchased in his own name of Medocowando (who calls
himself Sagamore of Penobscot) the lands on each side
of Georges River up sd. river to the upper Falls which
lands are part of what was by the Council of Plymouth
granted to said Beauchamp and Leveret. Medocowando
signed Articles of Submission etc. entered into by a
certain number of eastern Indians at a Treaty with
Sr. William Phipps in the year 1693 which Indians in sd.
treaty are said to. belong to the rivers of Penobscot,
Kenebeck, Saco and Amariscoggen ; yet the Indians
at several treaties w ith " the Government since the
year 1725 have constantly denied Medocowando's
being of the Penobscot Tribe to whom they say the lands
on Georges river do belong and it does not appear that
there have been any concessions on the part of the
Penobscot Tribe that settlements might be made on the
said lands until the late Conference with the Governour
in the Council chamber, in which they did express their
consent that they should be made as far up the River
as the falls or flowing water.
Buildings were first erected there about 1720 when a
block house was built some miles up said river by some
private persons and afterwards was put into the hands
of the Government who have since maintained same.
It appears from His Majesty's Order in Council on
the petitions of Sir Bibe Lake and others and of Samuel
Waldo and others that David Dunbar, Esq., was ordered
to withdraw from Pemaquid and the lands adjoining,
the jurisdiction and property of those lands having been
granted to His Majesty's Province of the Massachusetts
Bay &c. ; but it does not appear that His Majesty did
consider the right of this Government or of any particular
person claiming the property of the lands in the Eastern
Countrey in opposition to the Indian right, but only in
opposition to the claim of the Crown.
Upon the whole there has nothing appeared to the
Committee sufficient to justify Mr. Waldo in the settlemt.
of the lands above the falls or flowing of the water in
Georges river. Propose that the Council and House of
A.MKRICA AND WEST INDIES. 261
1730. [375 ii.]
Representatives advise His Excellency to assure the
Penobscot Tribe that this Government will not counten-
ance Mr. Waldo or others settling above the falls until
the Government shall be satisfied that those lands have
been fairly purchased of such Indians as were the rightful
owners thereof.
As to the complaint of the said Delegates relating to
the restriction of Trade occasioned by the new Law for
preventing of abuses to the said Indians therein, the
Committee are of opinion, That the Governour be
advised to let them know that the Law was projected to
prevent their being cheated or imposed on by private
Traders and that the Government make no doubt but
that it will be found beneficial to them, but if it should
be found otherwise by further experience, they may
expect to be relieved.
As to the complaint relating to their being imposed on
by the Truckmaster at Georges, against whom only they
complain about the price of Beaver, the Committee
propose, That the Governour be desired to let them
know that special directions shall be given to the said
Truckmaster to allow them the full price for Beaver for
the future. Signed, In the name and per order of the
Committee, Edmund Quincy.
(g) In Council, July 2nd, 1736. Concurrence in
Report. Signed, Simon Frost, Depty. Secry. In the
House of Representatives, July 3rd, 1736. Concurrence.
Signed, J. Quincy, Speaker.
(h) Governour's Message to the Representatives.
Proposes to see the Indian Delegates before the whole
Court and believes that when suitable presents are made
them, they will return well satisfied. July 5th, 1736.
Signed, J. Belcher.
(i) At a Conference in the Council Chamber in Boston
between Governour Belcher and Arexis and Delegates
of the Penobscot Indians. The whole General Court
being present, July 6th, 1736. Governour makes
promises as in the foregoing report. The present of the
Government brought out and his Excellency ordered
the present to be delivered, and said it was from the
Government, there being three hats with feathers. The
Government told them that was to distinguish those
three who were King George's officers.
August 2nd, 1736. The several foregoing papers are
a true copy. Examined per Simon Frost, Dep. Secry.
Endorsed, Account of Conferences with the Penobscot
Indians. In Governor Belcher's of Aug. 5th, 1736.
[C.O. 5, 899. ff. 241, 241 v., 244^-254 v., 256 v.]
Aug. 6. 376. Lt. Governor Broughton to the Council of Trade and
Charles Town. Plantations. By an humble representation which I did myself
the honour to present to your Lordships, in the month of October
2Gi> COLONIAL PAPERS.
1730. [376]
last I took the liberty to lay before your Lordships, for your
judgment and direction, the complaints of several of H.M.
subjects of this Province, merchants and traders to the Creek
nation of Indians, exhibited to me in Council, accompany ed
with certain proofs and affidavits relating to the extraordinary
behaviour and conduct of Captain Patrick MacKey, Agent for
Indian affairs in Georgia, towards their agents and traders
amongst the Creeks from this Province. I transmitted at the
same time to your Lordships the purport of several letters,
which I had received from the Governour of his Catholic Majesty
from St. Augustine, and from the Commandant of Moville, on
behalf of his most Christian Majesty, that your Lordships might
be fully apprized of the very great umbrage Captain Mackey
thro' his ill conduct had given to those Governours. When I
address'd myself to your Lordships on this occasion I thought
it but just to communicate an account of these proceedings to
the Honble. the Trustees for Establishing the Colony of Georgia,
who have since thought fit to dismiss Captain Mackey from their
service and have been pleased to signify by their letter to me,
their good disposition to continue the harmony and good agree-
ment which has hitherto subsisted between the two Colony s,
and at the same time to declare, " That they had no thoughts
of claiming a right exclusive of all other H.M. subjects to trade
with the Indians within the limits of Georgia." After the
Honble. Trustees had so fully signifyed their good intentions
to this Province, as I was perfectly well satisfyed myself, so I
was in hopes there would be no future cause of complaint, or
that I should ever more had occasion to have troubled your
Lordships on this subject. But it is with very great concern
my Lords, that I find myself obliged to acquaint your Lordships,
that the conduct of the gentlemen who are in the exercise of
power at Georgia, have given occasion for a further complaint
of new and additional hardships, sustained by the persons who
exhibited the former Memorial, and by many others of H.M.
principal trading subjects in this Province who have applyed
as well on behalf of themselves as their correspondents merchants
and traders in Great Britain. When the dismission of Captain
Mackey was made known and the letters which I had received
from the Trustees were communicated to the Assembly and
made public, the traders in confidence of the declaration made
by the Trustees thought themselves at liberty to pursue their
affairs amongst the Indians and whilst they acted in conformity
to the laws of Great Britain, and of this Province, (by which
laws only they conceive the people of this Province are oblig'd)
they could not reasonably expect any interruption. But finding
themselves disappointed, their vessels stop'd, their goods seiz'd
and their servants imprison'd by the magistrates of Georgia,
and not being able to obtain satisfaction from them, they have
found themselves under a necessity to apply to the General
Assembly of this Province, by a Memorial which will be laid
before your Lordships, beseeching the Assembly, to represent
their case to his most Sacred Majesty and to become intercessors
AMERICA AND WEST INDIES. 203
1730. [370J
for them. The Council and Assembly have went through a very
strict and diligent examination of the matters alledged and
being well satisfyed of the truth and justice of their complaints,
have transmitted to Great Britain an humble Petition and
representation to H.M. and have implored H.M. protection and
relief. The several facts which have been the foundation of
the complaints of the merchants and traders, and the sense
which the Council and Assembly of this Province have enter-
tained of the proceedings of the persons in power at Georgia
are fully explained in the Petition of the Council and Assembly
to H.M. which I humbly conceive, will in the usual manner be
refered to your Lordships' Board, and therefore I apprehend
your Lordships will very naturally and justly expect it, as a duty
incumbent on me, to lay before your Lordships some account
of the proceedings which have been had on this affair. As to
the facts which are alledged in the Petition to H.M., I presume
the proof of them will come before your Lordships in another
way, and therefore I shall only crave the liberty to give your
Lordships a short view of what I apprehend to be the principal
matters in difference between the two Colonys and to submit
to your Lordships such observations as have occur'd to me
during the course of this proceeding. The complaints which
are made the subject of the petition to H.M. consist of several
particulars which I have endeavour'd to separate and distinguish
that I may the better apply the remarks which are humbly offer'd
to your Lordships' consideration. It is complained that the
persons in power at Georgia taking for their authority an Act
passed by the Honble. Trustees intituled an Act for maintaining
the peace with ye Indians in the Province of Georgia do among
other things claim the sole power of granting licences to trade
with the Indians that lye within the limits of Georgia, or with
such Indians as are to the southward of those limits, and insist
on a right to seize the goods and effects and to imprison any
person whatsoever, who shall presume to trade with the Indians,
or shall travel thro' Georgia with goods for that purpose, without
licence from the Magistrates of Georgia. Your Lordships will
easily perceive the extent of this claim and that it is not con-
sistent with the declaration the Honble. Trustees have been
pleased to make, in the letter which I before have mentioned
to your Lordships, vizt. " That they have no thoughts of claiming
an exclusive right to the trade with the Indians." For if the
magistrates of Georgia have the sole power to grant licences,
they have a right to judge of the qualification and fitness of the
persons to be licenced and consequently may refuse to grant
licences to such persons as they shall think fit, which is virtually
and in effect an exclusion of any person whatsoever, at their will
and pleasure from a liberty to trade with the Indians. The
Assembly pay all imaginable deference to an Act which has
receiv'd H.M. Royal approbation. But they cannot conceive
that an act pass'd by the Trustees of Georgia, and confirmed
by H.M. , can receive a different construction or be of any greater
force and effect, than an other act passed in any other of the
264 COLONIAL PAPER,!
1730. [376]
American Colony s, by virtue of an authority derived from the
Crown and which has received H.M. allowance. 'Tis conceived
that every such act is obligatory on the people of the Colony
for which it was made, but not on the people of another Colony,
who are no party s to the same. It is also humbly conceived,
that when H.M. confirmed the Act of the Trustees, he only
intended that it should be a rule to such persons as trade from
Georgia, but that his subjects in the rest of the Colonys, were
left to the regulation of the particular laws made for them within
the respective jurisdictions which H.M. has assigned them.
If there was a necessity for making a distinction between the
power granted to the Trustees of Georgia to make laws, and the
like authority which H.M. has given to the Governour and
Council with the consent of the Freemen of this Province, it
might be justly observed, that the Acts of the Trustees have not
the force of laws until H.M. has confirmed them, but the Acts
of the General Assembly of this Province are binding from the
time of passing, and H.M. has only been pleased to reserve to
himself a power of disallowance.
From some instances which I shall beg the liberty to mention
to your Lordships, the Assembly have been encouraged to think
that H.M. did not intend by giving his assent to the Act of the
Trustees of Georgia or by any other act, to restrain the subjects
of any part of H.M. Dominions from trading with any nation
of Indians whatsoever on the Continent of North America.
They conceive the Indians to be a free and independent people,
who have neither by conquest, cession, or compact, become
the subjects of any Prince in Europe. They sometimes trafique
with the subjects of France and Spain, but chiefly with those
of Great Britain. The Treaty of Peace and Commerce which
was enter 'd into by H.M. Command with the Charokee Indians
at your Lordships' Board in the year 1730, confirms the Assembly
in the opinion, that H.M. by commanding a Treaty and League
to be made with the Indians, esteemed them the friends and
allies of his people in America, and not as subjects to the Crown
of Great Britain, and I humbly beg leave to offer to your Lord-
ships' remembrance that her late Majesty Queen Anne was
pleased to disallow an act which had been passed in this Province,
to oblige the people of Virginia to take licences from this Govern-
ment to trade with the Charokee Indians, who then were and
still are seated within the limits of the Charter granted to the
late Lords Proprietors of Carolina. Her said late Majesty, as
'tis humbly apprehended and as we have been informed, judging
that it was inconsistent with the liberty of her trading subjects
to be restrained by an act of any particular colony in America,
from trading with an independent people, in friendship with
the Crown of Great Britain, and who were in the full possession
of all natural rights. Your Lordships will very readily perceive
what influence this example must have on the minds of the
people here, and in what light they must look on the act of the
Trustees, when 'tis fresh in their memory, that an Act of the
same nature, and directly the present case, met with the
AMERICA AND WEST INDIES.
1736. [370]
disapprobation of her late Majesty on the very first application
from her subjects in America. The General Assembly of this
Province acknowledge, with the gentlemen who have the care
of Georgia, that the interest and safety of both Colony s depend
in a great measure on a due regulation of the Indian affairs and
they have been always ready by a junction of Councils, to pro-
mote the common security, but they apprehend it to be incon-
sistent with the freedom of English men, to receive laws from
the Trustees of Georgia made without their participation or
consent, and they have the less reason so to do, as 'tis acknow-
ledged by the gentleman who has at present the chief direction
of affairs at Georgia, in a letter to the Speaker of our Assembly,
that the Act which the Honble. Trustees have made concerning
the Indian affairs, " is the same in Georgia as the former Indian
Acts were in Carolina." The Acts made in Carolina are still
subsisting and in full force : they are made by an authority
derived from the same fountain of power with which the Act
made for Georgia ; and 'tis allowed the regulations are the same.
But the Assembly are far from thinking that the people of
Georgia are obliged to submit to the laws of this Province, any
more than that it is reasonable for them to expect that the laws
of the Trustees shall take place here. The General Assembly
of this Province alledge, that as they have a power of making
laws, as well as the Trustees of Georgia, so they hope that without
vanity or assuming too much to themselves or detracting from
the sufficiency of others, they are (under H.M. favour and pro-
tection) proper and competent judges of their own security,
and that from the experience of seventy years, they may be
presumed to be at least equally capable with those who reside
at Georgia, and who have had so short an acquaintance with
America to manage and direct the affairs of the Indians ; nor
can it be doubted but that it is as much their interest to secure
themselves, since they are in possession of valuable propertys,
acquired by the labour and industry of many years, and defended
at their own charge, during a tedious and cruel war, at the
expence of the lives of many of H.M. loyal and brave subjects.
The people of South Carolina have exerted their utmost ability
towards the assistance and encouragement of the Colony of
Georgia, and they have the most ardent wishes that the people
there may flourish and prosper. They are neither ignorant
or unmindful of the strength and security which that settlement
may be to the frontiers of H.M. Dominions in North America,
but whilst they are sollicitous for the property of this Colony,
and acknowledge the advantages which may arise from her
success, they think they shall pay a tribute too dear if they are
to forfeit the benefits derived from H.M. just and glorious adminis-
tration and from a constitution which H.M. has been ever zealous
to maintain by being obliged to submit to the laws of a Society,
of which they are not members, and to whom in their corporate
capacity they have no sort of relation. I am aware that the
gentlemen of Georgia object that their act has a local as well as
personal obligation, and that the laws of Georgia must be observed
i'G COLONIAL PAPERS.
173G. [376]
within the limits of Georgia. In answer to this objection the
following questions have been raised, vizt. whether the act of
the Trustees can bind a free and independent people who live
within the limits of their Charter or can obstruct the subjects
of any other Colony, from a free and open trade with them ?
Or whether any of H.M. subjects, can be restrained by an Act
made by the Trustees of Georgia, tho' confirmed by H.M., from
carrying their goods thro' Georgia, to any nation of Indians
which lye beyond them, or whether such a restraint can be laid
by any other authority than that of the Parliament of Great
Britain ? These questions, my Lords, have been debated with
great freedom here, and therefore I thought it my duty to make
your Lordships acquainted with them. They are of too nice
a consideration for me to enter into ; it is a presumption I have
carefully avoided, but I hope it will be satisfactory to your
Lordships that since such questions have been ask'd amongst
us, that they should be submitted to your Lordships' examina-
tion, that if there be any error on either side, the people may
be undeceived and the quiet of the Province settled. There is
one circumstance, which if it was consistent with my duty I
should be glad to pass over. It has greatly inflamed men's
minds and I have too much reason to dread the consequence.
The gentlemen in power at Georgia have sent an armed force
amongst the Charokee Indians to seize the traders with their
effects who are licenced in pursuance of the laws of this Province
to trade with that nation of Indians. What may be the event of
so sanguine a proceeding amongst the savages at 300 miles
distance from the inhabited parts of Georgia, or this Province,
I can't foresee, but have too much reason to fear. It is thought
very extraordinary, that an arm'd force should be sent before
any resistance, before any legal process or stated method of
proceeding. Besides the umbrage such a step may give to the
Indians, the people of this Province will think themselves in a
very precarious scituation, if they may at any time be invaded
by a military force, at the arbitrary will and pleasure of the
magistrates of Georgia, or those who have the direction of them.
I am persuaded your Lordships will not expect that I should
make any further remarks on this proceeding. If the Indians
are provoked, they make no distinction amongst English men ;
this Province must share with Georgia in the effects of their
revenge. With your Lordships' permission I proceed to take
notice of another part of the complaint which creates an equal
uneasiness in the minds of the people of this Province. H.M.
has a garrison settled about three hundred miles by water from
the entrance on the North side of Savannah River, maintained
for many years at the sole charge of this Province. By H.M.
command a township has been lately settled on the same side
of the river, and there are about one hundred inhabitants who
have already fix'd themselves there. They are a frontier to
the township of Purysburgh also lately settled on the same
side of the river, at the expence of upwards of thirty thousand
pounds this money. And H.M. subjects of this Province have
AMERICA AND WEST INDIES. 267
173(5. [376]
made several large plantations on the North side of the river.
A commerce with these settlements cannot be conveniently
carryed on, without the use and navigation of the Savannah
river ; to which the inhabitants in these parts conceive they
have an undoubted right. But it will be made appear to your
Lordships by several authentic proofs that under colour of an
Act pass'd by the Trustees of Georgia and allowed by H.M.
intituled an Act to prevent the importation of rum into Georgia,
the magistrates of Georgia have caused several vessels bound to
H.M. Garrison and the plantations and settlements on the North
side of the river to be stop'd, the bales of goods and packages
to be opened, the persons of the boatmen with their boats and
effects to be detained and several quantitys of rum to be staved,
alledging for cause that they had imported rum into Georgia
contrary to the aforementioned Act. This matter was repre-
sented to Mr. Oglethorpe and he has been pleased to direct Mr.
Causton one of the chief magistrates to make a report of the
affair, which report has been sent hither and will be laid before
your Lordships. And this is all the satisfaction that has been
hitherto given. I humbly conceive that this report will hardly
bear a strict examination. I shall content myself with observing
to your Lordships that according to Mr. Causton's own account
of the affair, the boats stop'd " were bound to Savannah Town
in the Province of South Carolina with goods to be landed there
for Indian trade, and that amongst other things there were several
casks of rum, and 'tis added that they had a permit from the
Governour of South Carolina." This is all that appears either
from the report of the officer who seized or from the confession
of the partys. Mr. Causton thinks fit to add an allegation of
his own " that Shepherd and Vernardo (the boatmen) had
knowingly and in opposition to the Act, imported rum or some
such distill'd liquor for Indian trade or otherwise in violation
thereof." It will be very obvious to your Lordships that Mr.
Causton's assertion is by no means supported by the fact related.
For to carry rum by the Savannah River to Savannah Town in
South Carolina for Indian trade or any other purpose whatsoever
can never be called importing rum into Georgia. Upon perusal
of the Charter of Georgia, your Lordships will perceive that
H.M. has granted " all the Lands and Territories which lye
from the most northern stream of the Savanna River all along
the sea coast to the southward into the most southern stream of
Allatomaha River and all that square circuit and precinct of
land within the boundary afd. and ca." Now it is humbly appre-
hended that the northern stream of Savanna river from which
one of the boundarys of Georgia is settled cannot be said to be
within the boundarys of Georgia, and consequently that goods
passing along the Savanna river to places lying on the northern
shore can never be deemed an importation into Georgia". But
if it was to be allowed that the Savanna river was granted to
the Trustees of Georgia, it will be offered to your Lordships'
consideration whether there is not a known distinction between
the property and passage of a navigable river 'I and whether
COLONIAL PAPERS.
1736. [376]
all navigable rivers within H.M. Dominions are not free and
open to the passage of all his subjects in the same manner as
are the King's highways, altho' the soil may be the property of
a private person ? The permit or let pass on which Mr. Causton
seems to have grounded his suspicions, it is true, was in general
terms, and was given on purpose and on this very occasion, to
prevent interruption on any pretence whatsoever ; for the
subjects of this Province whilst they are passing from one part
of the Province to another think they have no need of a particular
permission. And your Lordships will be pleased to determine
whether this let pass could justify Mr. Causton in his suspicions
that the bearers were about to import rum into Georgia, when
the let pass expressly declared that their goods were to be landed
at Savannah Town on the north side of the river within the
Province of South Carolina to which the boats and goods did
actually belong, and when it was not objected or so much as
suspected that there was any intention of landing the rum on
the opposite shore. I am fully persuaded your Lordships will
never be of opinion that the propertys of H.M. subjects are
to be seized and confiscated upon the suspicions or uncertain
surmises of any person whatsoever. To prevent mistakes in
point of scituation, before I conclude, I hope it will not be thought
impertinent if I acquaint your Lordships in this place that there
are two places on the Savanna river known by the same name.
Savanna Town in Georgia is on the south side of Savanna river
about twelve miles from the entrance. There is another place
called Savanna Town where H.M. Garrison is settled on the
north side of the river about one hundred and fifty miles from
Charles Town in South Carolina and about three hundred miles
from the mouth of the river, and is now generally distinguished
by the name of Old Savannah Town and is in South Carolina.
My Lords, I have now concluded the remarks which I have
taken the liberty to lay before your Lordships. I have rather
exhibited the opinions and observations of the Council Assembly
and partys concerned, than given my own sense of things. I
have been careful in the exercise of my private judgment con-
cerning them because I have thought it my duty to wait H.M.
commands and your Lordships' directions by which I am to be
wholly guided and determined. It has been my chief study and
attention to prevent all heat and passion which is too apt to
break out in debates of this nature, and I must do justice to
the Council and Assembly in assuring your Lordships that they
have conducted matters with great respect to the Honble.
Trustees of Georgia and with a due consideration of those who
are in power there, but above all things have shewn their humble
desire and most dutiful expectation of H.M. pleasure. After
the declaration of the Honble. Trustees it is impossible to enter-
tain an opinion so injurious to persons of their quality and dis-
tinction, as to imagine they have authorized or will countenance
the proceedings of those who reside at Georgia. Altho' H.M.
Royal name as well as the names of the Trustees have been very
freely used to give a sanction to the violences which have been
AMERICA AND WEST INDIES. 269
1730. [376]
complained of. The Council and Assembly have rather repre-
sented matters and treated with the gentlemen of Georgia
than pursued any active measures in the defence of what they
conceive to be their just rights, and even at this time whilst
an armed force is gone from Georgia to seize the traders from
this Province and their effects amongst the Indians, a Com-
mittee of the Council and Assembly are gone to Georgia to
treat with Mr. Oglethorpe on the subject of these disputes.
My Lords, I assume nothing to myself on this occasion. I have
earnestly press'd and recommended the moderation which has
been observed, because I knew 'twas my duty, and I humbly
hope my sincere endeavours have had their due influence here,
and will meet with H.M. approbation and your Lordships'
countenance at home, and I am encouraged to think that nothing
will more recommend the people of this Province to H.M. favour
than their chearful and ready submission to his royal will and
pleasure, which has ever been their constant inclination and
endeavour, because they are firmly assured of H.M. gracious
and steady purpose to defend and protect his subjects in every
part of his Dominions, in the full and uninterrupted possession
and exercise, of all the just rights, liberty s and priviledges,
which they are entituled to, by the laws and constitution under
which they live. Signed, Tho. Broughton. Endorsed, Reed.
Read 9th Nov., 1736. IQpp. [C.O. 5, 365. (Including abstract)
ff. 134-146 v., 147 v.].
Aug. 6. 377. Capt. Thomlinson to Mr. Popple. When I last wrote
you, I could not tell you what money was out in the Colonie of
Connecticut ; But since that time I have been with a gentleman
of that Province, he tells me that they have about 100,000 out ;
thirty or forty thousand of which are out upon interest to defray
the charges of Government, etc. Signed, John Thomlinson.
Endorsed, Reed. 6th Aug., Read - Feb., 173|. Addressed.
Postmark. 1 p. [C.O. 5, 1268. ff. 246, 247 v.].
Aug. 10. 378. President Dottin to the Duke of Newcastle. Having
Barbados, lately receiv'd an account from Capt. Crawford, of the observa-
tions he made at Sta. Lucia, where he touch'd in H.M.S. the
Roebuck to wood and water, I have taken the liberty of enclosing
your Grace the letter I caus'd to be wrote him on this subject
with his answer thereto ; and must at the same time beg leave
to inform you from, many accounts given me by persons who
have been over the Island, that the French very much increase
their settlements there, and what few English are thereon are
only servants to the French, from whom they purchase, and who
are look'd upon as their protectors, so that unless some other
methods, and which your Grace is the best judge of, can be
fallen upon to render the orders of the two Crowns more effectual,
I fear what has been hitherto done, will be to no other purpose
than to dispossess some few English subjects, who had made
great improvements there, of the ballance they kept against
the French, but which immediately on the orders being publish 'd,
270 COLONIAL PAPERS.
1736. [378]
they gave up, and left the others entire and sole masters
thereof, the consequence of which may be hereafter of great
disservice, etc. Signed, James Dottin. Endorsed, R. October.
2 pp. Enclosed,
378. i. William Duke to Capt. Crofford. Secretary's Office,
July 19, 1736. Abstract. The Duke of Newcastle
having required of the President a particular account
from time to time how the orders for evacuating Sta.
Lucia have been complied with, asks for a full report
of his observations on his recent visit there. Signed,
William Duke. Copy.
378. ii. Capt. Craufurd, R.N. to President Dottin. Roebuck.
Barbados. July 24, 1736. Abstract. Was only at
one part of Sta. Lucia, Pigeon Island Bay ; was told
the other parts were better inhabited, but at the part
where he was, they reckoned fifteen or sixteen inhabi-
tants who had cotton works, twelve of which were
French, the others English, but their crops being most
gather'd, he could not judge what quantities they made.
At Martinique he waited on the General, Marquis de
Champigny, who assured him he in no ways encouraged
the French setling at Sta. Lucia and expected every
moment order from his Court about the evacuation
thereof. " This I thought as much as I could expect
from him, since I had no power to ask further questions,
I never having received any orders from my Lords
Commissioners of the Admiralty in relation to St.
Lucia." Signed, Charles Craufurd. Copy. Nos. i and
ii, 1 pp. [C.O. 28, 45. ff. 388, 388 v., 389-390 v.].
Aug. 11. 379. Mr. Wilks to Mr. Popple. Encloses following. Signed,,
Austin Fryers. Fra. Wilks. Endorsed, Reed. 2nd Feb., 173f . Addressed, f p.
Enclosed,
379. i. Accounts (by Mr. Willard, Secretary) of bills of credit
issued by the Massachusetts Bay, to be brought in
1732-41. 3 pp. [C.O. 5, 879. ff. 107, 108-109,
110 .].
Aug. 12. 380. Lt. Governor Gooch to the Council of Trade and
Plantations. Encloses Speech etc. at opening of the General
Assembly on the 6th inst. About the 10th of the next month
the Commissioners for settling the boundaries of the Northern
grant will begin then- journey, etc., as July 10th. Signed, Will.
Gooch. Endorsed, Reed. 18th, Read 20th Oct., 1736. 1 p.
Enclosed,
380. i. (a) Address of the Council of Virginia to Lt. Gov.
Gooch. Gratefully acknowledge his affectionate speech
to both Houses (No. iii), pursuing the same wise and
just measures as have always distinguished his adminis-
tration etc. Gratefully acknowledge His Majesty's
kinder concern for his people, as shown by confirmation
of recent acts etc.
AMERICA AND WEST INDIES. 271
1730. [3801.]
(6) Lt. Gov. Gooch's reply to preceding, thanking
the Council for their obliging address etc. The whole
printed. 1| pp.
380. ii. Address of the House of Burgesses to Lt. Gov. Gooch.
To same effect as above. Printed. 2 pp.
380. iii. Lt. Governor Gooch's Speech to the Council and
Assembly. Congratulates himself that he sees in the
new Assembly a revival of the old one, which had
" expressed so much duty to the King, and so much
love to their country ; such unanimity among them-
selves, and such deference and regard to me " etc.
Recommends better regulation of the Militia for pre-
venting insurrections of slaves and the easing of poor
house-keepers who are unable to purchase arms for
themselves ; the extension of the duty on liquors to
land-importation, to cope with the new practice of
importing rum etc. by land carriage. Announces
confirmation of Acts for the better support of the College
of William and Mary, and amending act for settling
titles and bounds of lands etc. While His Majesty's
thoughts have been turned towards settling the tran-
quility of Europe, he never fails to have most at heart
the welfare of his people etc. Let us therefore engage
His Majesty farther to us, by all possible returns of
gratitude and loyalty etc. Printed. 1| pp. [C.O. 5,
1324. ff. 28, 29-31 v., 32 v.].
Aug. 16. 381. Lt. Governor Broughton to the Council of Trade and
Charles Town. Plantations. Since I did myself the honour to write to your
Lordships of the affairs of Georgia, I have received some advices
which I conceive to be of such importance that I ought to loose
no time in making them known to your Lordships. Monsieur
Bieuville, Governour of the French settlements at Moville
assembled together the last winter a great number of forces
white men, and Indians. He applyed himself with much dili-
gence to the repairing of the forts and building new ones, and
in furnishing them with a large store of provisions. It was the
common report at New Orleans all the last winter that France
was to declare war against England in the spring, but a ship
arriving in January last from Europe, news was brought that
a General Peace was concluded. Monsieur Bieuville upon this
advice, gave out that he had never any other design than to
attack the Chickesaw Indians, a people who live about seven
hundred miles from this place and are friends to the English.
But the preparations, which were made, have the countenance
of a much more extensive project, for the French on the Missis-
sippi River were joined by great numbers from Canada at the
head of the Ilonois, a considerable body of Indians. In March
last one hundred and twenty five men under the command of
Monsieur Piaget passed by the Fort of Pradhome, and in April
the vanguard of the French army consisting of two hundred
white men and four hundred Indians attacked the Chickesaws
272 COLONIAL PAPERS.
1736. [381]
in their towns. They were repulsed with the loss of about
forty white men, the Indians were driven home and several
prisoners taken amongst whom was the Commander in Chief
of the party said to be a relation of Monsieur Bieuville's. Your
Lordships will not easily believe that so great an armament was
rais'd barely for the sake of destroying a tribe of Indians which
at the most do not consist of more than four or five hundred men.
The French have settled a communication from Canada to the
mouth of the Mississippi River, and we have too much reason
to apprehend, from frequent attempts of this sort that they are
endeavouring to destroy the Indians in friendship with the
English, or to force them into their service during the time of
peace, that they may be enabled whenever a war shall happen,
to gain an easy passage and without interruption to attack any
of the English settlements on this Continent, the consequence of
which is humbly submitted to your Lordship's consideration.
Signed, Tho. Broughton. Endorsed, Reed. 1st., Read 3rd. Nov.,
1736. 2 pp. [C.O. 5, 365. ff. 132-133 v.].
Aug. 23. 382. Galfridus Gray to Mr. Popple. Encloses following,
" supposing you may have a friend that may want a Government,
and the sooner a Governor may go to these islands the better "
etc. " You may deliver all as your own thoughts." Signed,
Galfridus Gray. Endorsed, Reed. Read 25th Aug., 1736.
Addressed. 1 p. Enclosed,
382. i. The affair of the Virgin Islands considered in their
very pressing conjuncture by a person very familiarly
acquainted with them. Abstract. Knowing the islands
well, is of opinion that if they were better known,
more notice would be taken of them. Has often heard
inhabitants of St. Thomas say that it belongs to Great
Britain, and that they wish the King would take them
under his protection, since he is able to protect them,
which the King of Denmark is not. The Virgin Islands
have many good harbours, and more inhabitants than
Georgia etc. They only want a Governor to regulate
things, and their produce would soon add as much to
the revenue as would defray the cost. Thinks there
are 200 British subjects on Sta. Cruz, said to be sold
by France to Denmark. The next island for France
to sell may be Jamaica ! Because we so silently passed
over the Sta. Lucia affair, the French think they may
sell what they please in those countries. We ought
to have both Sta. Cruz and St. Thomas. It not a little
concerns us to take more care of those islands in order
to preserve our merchants' ships in their way home
from the Leeward Islands, etc. Signed, G. G. l p.
[C.O. 152, 22. ff. 68, 68 v., 70, 70 v.].
Sept. 2. 383. Lt.-Governor Gooch to Mr. Popple. Encloses following
to be laid before the Board. Signed, William Gooch. Endorsed,
Reed. 1st Nov,, 1736, Read 3rd June, 1737. J p. Enclosed,
AMERICA AND WEST INDIES. 273
1736.
383. i. Account of H.M. revenue of 2s. per hhd. in Virginia,
25th Oct. 1735 25th April, 1736. Totals : Receipts
(including 6152 9s. brought forward), 7198 5s. 0d.
Expenditure, 2206 Os. 5%d. Signed, John Grymes,
Recr. General ; John Blair, D. Audr., and William
Gooch. 2 pp.
383. ii. Account of H.M. revenue of quit rents, 25th April,
17351736. Totals : Receipts, 9648 10s. 1 l-^d. (including
5742 5s. 4d., brought forward). Expenditure 1284
18s. ll^d. Signed as preceding. 4pp. [C.O. 5, 1324.
ff. 51, 52-54 v., 56 .].
Sept. 8. 384. Lt. Gov. Armstrong to the Council of Trade and Plan-
Annapolis tations. I have received your Lordships' letters of the 18th
September, 1735 and of the 7th May last ; wherein you take
notice of some omissions or obscurities in mine of the 27th
September and the 8th Dec. last year. As most of the passages
relate to Canso, I must referr your Lordships to the Commanding
Officer's report whom I shall direct to send you an account of
the duties payable there, what ships are employed on that fishery,
to whom they belong and. the number of the English inhabitants.
As to the effective men belonging to the regiment, here are in
this Province nine companys and one at Placentia ; we endeavour
to keep them up to ye establishment as near as we can, they
were compleat last fall and we have had but small loss since.
The encouragement I published at Boston which your Lordships
desire to be inform'd of, was only this, I intimated to the people
there, that I intended to be at Canso myself the following summer
in order to settle the rights of the traders according to their
just pretensions and to grant away the inappropriated lands
to such as were disposed to settle there and to accept of them on
the terms of H.M. Instructions. As to what your Lordships
mention, that, in my letter of the 8th of December, I told you
that there's no trade carried on at Canso, I do not remember I
ever said so and referr myself to that letter for my vindication.
As to the Indian presents, the state of Canso and the necessity
there is of erecting a fort there for the protection of the fishery,
I can add nothing to what I have largely wrote before ; I am
convinced that your Lordships will do everything in your power
for the good of the Province and H.M. service. I have nothing
new to trouble your Lordships with only to acquaint you that
I've swore in the Commissary of the Musters at Canso a member
of H.M. Council. He is a gentleman who has deserved w r ell of
the Government, and likewise that I have granted two patents
for the lands and mines up the Bay of Fundy to some gentlemen
who I hope will answer H.M. intensions, for further light I beg
I may referr to the minutes of Council and Patents herewith
transmitted. PS. Mr. How, the gentleman who brings this,
having resided long at Canso, will give your Lordships a just accot.
of the state thereof. Signed, L. Armstrong. Endorsed, Reed.
4th Jan., Read 7th Sept., 1737. 2 pp. Enclosed,
18 (1).
274 COLONIAL PAPERS.
1730.
384. i. Grant of lands and mines in the Bay of Fundy, con-
taining some 50,000 acres, " on the south side of Chi-
conecto Bason " in 36 shares jointly and severally to
the following : Governor Philipps, Lt. Gov. Armstrong,
and Lt. Governor Alexander Cosby, Paul Mascarene,
John Adams, William Skene, William Shirreff, Henry
Cope, Erasmus James Philipps, Otho Hamilton and
Edward How, members of H.M. Council ; and King
Gould, Alured Popple, Henry Popple, Andrew Robinson,
Henry Daniel, John Handfield, Donald Macqueen,
Edward Amhurst, Archibald Rennie, Thomas Armstrong,
James Gibson, Rowland Philipps, Charles Vane, Samuel
Cottnam, John Hamilton, John Slater, John Dyson,
George Mitchell, William Wlnniett, Nathaniel Donnell,
Peter Blin, George Craddock, Robert Baden, and John
Forrest. Id. sterl. Annual quit rent beginning 30th
Aug., 1739. y^th part to be cultivated every 3 years.
Good tenantable houses to be built in a township to
be called Norwich. All timber fit for masts to be
reserved for H.M. use. Land to be allowed for perman-
ent support of a Minister and Schoolmaster. A continued
space of land 100 yds. wide on the banks of all creekes
and rivers to be left free and common to the public
etc. Signed, L. Armstrong, by and with the advice
of the Council. Endorsed as covering letter. 30th Aug.,
1736. Copy. 5| pp.
384. ii. Similar grant of 50,000 acres " on the south side
of the Bason of Menis " to same as preceding, except
that Samuel Donnell is named in place of John Forrest.
The township to be called Harrington. 31st Aug.,
1736. Signed as preceding. Endorsed, Reed. 4th Jan.,
173f . Copy. 4f pp. [C.O. 217, 8. jf. 1-7 v., 8 v., 9 v.].
Sept. 16. 385. Governor Mathew to Mr. Popple. By the death of
Antigua. John Roynon Esq., and the absence of Nath. Webb Esq., there
was not even a quorum of Council at Montserat. I have there-
fore been forced to swear two members, vizt., John Osborn and
John Webb Esqs. And now by the death of my son William
Mathew, there is a vacancy in the Council of St. Christophers.
I send by Capt. Solomon Phipps, and to be delivered by himself,
a box and in it minutes of the Council of Nevis, 29th March,
1736 to 29 June foil., of Antigua from 16 Janry. to 16 April,
1736 etc. Signed, William Mathew. Endorsed, Reed. 8th Nov.,
1736, Read 4th Aug., 1737. Holograph. 1 p. [C.O. 152,
23. ff. 3, 4v.].
Sept. 18. 386. President Clarke to the Duke of Newcastle. I humbly
New York, beg leave to inform your Grace that on the 14th instant about
eighteen or nineteen of the Assembly coming to town on my
adjournment met in the House, but would not put the Speaker
in the Chair ; after some discourse they sent two of their members
to me desiring a copy of the clauses in the Commission- and
AMERICA AND WEST INDIES. 275
1736. [386]
Instructions relating to the suspension of Councillors, I sent
them to them, and then adjourned them to the next day ; by
that time they made up two and twenty of the seven and twenty
of which the House is composed, and having debated the matter
for some time, the Speaker not being in the Chair young Morris
thinking he might carry away so many as would reduce the
rest to a minority, as he did in the Spring, rose up and mad a
feint to be gone and three or four following his example called
to some others to go with them, but all the rest keeping their
seats Morris and those who rose with him returned, and then
the majority agreed to send the Speaker and another of their
members to me desiring me to adjourn them to the second
tuesday in October, they assured me it would have a good effect
and I complyed. I do myself the honor to send to your Grace
the papers which came out at this time wherein the malcontents'
objections to the legality of Van Dam's suspension and my
administration are stated and answered ; I was in hopes to have
had the honor to receive from your Grace H.M. approbation of
Van Dam's suspension which would have put an end to the
faction. I am not without great hopes that the Assembly will
sit in October and I promise myself success in their proceedings
as to the making good the deficiencies of the Revenue. If your
Grace will be pleased to give yourself the trouble to read the
inclosed papers printed by Zanger and a copy of a manuscript
certifyed by the Mayor you will see to what a heighth of villany
they are arrived, and yet they do not pretend any other cause,
then that I have usurped the administration of the Government ;
and it is no small satisfaction to me that I have given them
no other cause of complaint, nor has there been since the Spring,
when the Assembly was to meet, the least stirr or noise about the
town till now, when they were about to meet again; all their
strength is bent to keep them from sitting as the only thing
left them to keep up the appearance of discontent, and to distress
the Government, but I hope they will fail of their expectations,
and then I shall be able to give your Grace a good account of
the province. I have been obliged to say something in those
papers, wrote on the side of the government, to keep me from
being suspected to be the author, which nothing else could excuse,
and I should blush to own ; they have already had a good effect
on the majority of the Assembly and on the people, etc. Signed,
Geo. Clarke. Holograph. 3 pp. Enclosed,
386. i. Declaration by Paul Richard, Mayor of New York,
30th [sic] Sept., 1736. On the 14th Sept. I took up
a paper in the Widow Brazier's Coffee House, which
she told me was thrown into her house, but knew not
by whom, on the outside whereof was written, "Liberty,"
and in the inside whereof was written, " Better one
man dye, than the people be enslav'd. What meritts
a Usurper. Let him be destroy'd. Amen." The
same day I delivered the paper to President Clarke etc.
Signed, Paul Richard. Sealed. Endorsed, To Mr.
Clarke's letter of Sept. 18th. 1 p.
276 COLONIAL PAPERS.
1730.
386. ii. Copy of The New York Gazette, Sept, 6-13, 1736.
Numb. 567. Printed and sold by William Bradford.
4 pp.
386. iii. The Sentiments of a Principal Freeholder Rfer'd to
the Consideration of the Representatives of the Province
of New York. Westchester, Sept. 1st, 1736. Defence
of Mr. Clarke and criticism of Mr. Van Dam's Protest
etc. Signed, F.S. Printed. 4 pp.
386. iv. A letter to one of the Members of the late General
Assembly. 1736. A reply to No. iii. No signature.
Printed by John Peter Zenger. If pp.
386. v. Copy of The New York Weekly Journal, Containing
the freshest Advices, Foreign and Domestick. Thursday,
Sept. 13th, 1736. Contains a letter, dated Sept. 1st.,
from one of the members of the late Assembly, who
refused to act with George Clark, to a Brother Member.
Printed and sold by John Peter Zenger : By whom
Subscriptions for this paper are taken at three shillings
per quarter ; and Advertisements at three shillings the
first week, and one shilling every week after. 4 pp.
[C.O. 5, 1093. ff. 412-413, 414, 416-422 v.].
Sept. 24. 387. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. We have lately had under our consideration, some
letters from Mr. Belcher, Governor of the Massachusets Bay
and New Hampshire, as likewise some letters from Colo. Dunbar,
Lieut. Governor of New Hampshire ; and as we see no reason
to expect that the disputes between these two gentlemen, with
regard to their respective powers of Government, will ever be
determin'd without H.M. interposition ; we take leave to
acquaint your Grace, that in the year 1731, Mr. Belcher having
taken upon him to give orders to the Commander of Fort William
and Mary, in New Hampshire, not to suffer Colo. Dunbar to
enter the said Fort, in quality of Lieutenant Governor of that
Province, nor to obey any commands in relation to the said
Fort, except such as he should from time to time receive from
him the said Mr. Belcher, we did on the 4th of November, 1731,
lay a state of this whole affair before H.M., with our opinion
thereon ; but as we are not apprized, that H.M. has since been
pleased, to give any directions upon this subject, we take leave
further to observe that Mr. Belcher sends his orders relative to
the Government of New Hampshire from the Massachusets Bay,
to the President of the Council of Government of New Hampshire,
notwithstanding he knows Colo. Dunbar, the Lieutenant Governor
to be present in the Province, and avows the same in his letters
to us. As these proceedings of Mr. Belcher are taking from
Colo. Dunbar those powers which we apprehend H.M. has been
pleased by his Commission to invest him with, and as we are of
opinion, that H.M. prerogative, and the interest of the Province,
do greatly suffer thereby, we must desire your Grace will be
pleased to receive H.M. directions upon a subject of so much
consequence. We have taken the liberty to inclose to your
AMERICA AND WEST INDIES. 27?
[387]
Grace a copy of our aforemention'd Representation ; and shall
not therefore trouble your Grace with any further detail of that
affair. Autograph Signatures. 2| pp. Enclosed,
387. i. Copy of Representation of Nov. 4, 1731. [C.O. 5,
752. ff. 283-287, 290].
Sept. 24. 388. James Huey to Mr. Popple. Requests him to lay the
following before the Board. Signed, James Huey. Endorsed,
Reed. 24th Sept., Read 27 Oct., 1736. Addressed. \p. Enclosed,
388. i. Same to the Council of Trade and Plantations. The
last time I was admitted to attend your Lordships, you
desired me to let you know if we were willing to engage
to pay H.M. quit rents here after the experation of
ten years from the date of the grant ; I have since
consulted with sum of the gentlemen consern'd with
me and we are of opinion that it is a thing that cannot
be done, particularly in so large an undertaking as
that of ours is, the difficultys are many that would
attend this method of proceeding ; some of which we
begg leave to lay before your Lordships. 1st. We are
oblidgd by vertue of our grant should it pass to settle
6000 Protestants, they are to pay the quit rents to the
Crown in the same method as practicd by the Colonys
and will hold thyr lands by that tenure, but should
the undertakers engage to pay the Quit rents, and
that thyr should be only a private covenant between
them and thier tenants, in that case we aprehend, we
shou'd be under a necessity to take out separate actions
against every person that neglected to pay his quit
rents, there are particular laws in the Colonys to inforce
the payment of the quit rents to the Crown but in our
case it would be consider'd only as a common debt ;
the Crown has officers appointed for the collection of
the Quit rents, and H.M. Governour is to direct them
affairs, but were we to undertake the payment of the
quit rents in to H.M. Treasury we can have no relieff,
but at an infinite charge. The charge of the Survey
will amount to . . . . . . . . 2100
The charge of marking out the severall divisions
will amount to 2400
4500
Therefore as we shall be oblidgd to advance so much
money immeditably, it is hoped that our so doing will
be look't upon as a security, and that we are determind
to carry on the settlement in a proper manner. 1 p.
[C.O. 5, 295. ff. 35-36 v.].
Sept. 25. 389. Capt. Lee, Governor of Newfoundland, to the Council
Falkland, o f Trade and Plantations. The time of his return being very
near, sends replies to queries with scheme of fishery, containing
as much of the fishery as has been transmitted in former schemes.
27S COLONIAL PAPERS.
[389]
Continues : I must observe to you, that there are some places
in this Island, where there is very great fishing, of which your
Lordships may not have had any particular account of, parti-
cularly the fishery of Fogo, which is to the No 'ward of this
harbour, about the lattitude of 50. 60 No., as likewise the Island
of St. Peter's, the harbours of Great and Little Burin, with
several other fishing ports on the western shore, whose fishery
has been of good account of late years, the particulars of which
would never be obtain'd by H.M. Ships, the said coasts abounding
so full of rocks, of which there are no charts to be depended upon,
nor very seldom pilots, whose judgement can be of any service.
I am hereby to inform your Lordships, that the complaint,
which has been made unto you, that the French contrary to
13th and 14th articles of the Treaty of Utrecht, do fish, and have
made settlements at Port Bask, near Cape Roy in the westward
part of Newfoundland, and that they are supply'd with pro-
visions from France, and that they carry on their furr trade there,
during the winter season, has been without foundation ; and I
an to acquaint your Lordships, that pursuant to your desire,
I have made the most particular enquiry, I could, into that
affair ; and accordingly gave my orders to Capt. Willm. Parry
of H.M.S. Torrington, that during his cruize to the westward
of this Island, he should make the best observations, he could,
about that affair ; whose answer to my said orders, I shall trans-
mit to your Lordships. At his return from the said cruize,
he inform'd me by his letter, that he had rec'd the following
accounts, from Thomas Salmon Esqr. one of H.M. Justices of
the Peace at Placentia, Capt. Rowland, and several other persons
of that place, who had often been at Port Bask, that there are
three or four French inhabitants, who reside there constantly,
that they have taken the oaths to our Government, that 'tis
true they make a winter's fishery, and are supply'd with craft
from the English fishing ships belonging to Pool, who fish annu-
ally at St. Peter's ; that they do catch some few furrs, that one
Capt. Robt. Cleave generally takes off their fish, oil and furrs,
that they are supply'd with nothing from France, and that
they send nothing to France, but that their whole produce is
taken off, by the English of St. Peter's. Pursuant to 2nd article
of H.M. Instructions to me, to observe the Act of Parliament,
of the 10th and llth years, of the reign of King William the third,
in relation to murthers, felonies and other capital crimes, com-
mitted in or upon Newfoundland, or the Islands thereto belonging,
Capt. William Parry aforesaid, having brought hither, one James
Kelly, who he had received on board at Placentia, at the instances
of the Justices of the Peace there, the said Kelly being suspected
to be concern'd in a murther of one Levimore at Renouse,
which Kelly, I have order'd to be carried by the said Capt.
Parry prisoner to England, I have also order'd Capt. Parry to
receive on board two material evidences against the said Kelly.
I must here observe to your Lordships, that the conviction of
persons, who have been guilty of murthers. felonies or other
capital crimes in this Island, by their tryalls in England, is very
A.MKIMCA AND WEST INDIES. i'7'.t
173(5.
difficult, for such people, who are the chief evidences, will always
if possible abscon'd, to avoid being carried, as such, to England,
and I can't but say they have good reasons for their so doing ;
for on such occasions, besides their loss of time, by their absence
from their home in this country, by which they must inevitably
lose the next year's fishing, after the tryall of the suspected
murtherer, or felon, the evidences are left to return to their
families, at their own expence, which may put them very much
behind hand, if not ruin them in their affairs; this I thought
proper to submitt to your lordships' approbation. The 4th
article of H.M. Instructions, relates to the suppressing the en-
grossing of commodities, tending to the prejudice of the fishery,
herein I am to observe to your Lordships, 'tis the common prac-
tice of the people, called merchants here, to engross all commo-
dities, as often as they have opportunity, without any considera-
tion, to whose prejudice it may be, nor can I find any means to
prevent this by my authority, as every person pleads his right to
lay out his own money. By the 5th article, I am to acquaint
your Lordships of the arms, ammunition, and stores, in the
garrison of Placentia, of which, they are pretty well provided,
tho' I must let your Lordships know, that the company of Collo.
Philips' regiment in garrison there, are entirely unprovided with
small arms, which account I have from the officers, and of which,
I think it necessary to acquaint your Lordships. In answer to
the 7th article of H.M. Instructions, I have used my utmost
endeavour for the due observation of the Act, passed in the
fifteenth year of King Charles the Second, (for the encourage-
ment of trade) pursuant to which act, I lately made seizure of
a ship in this port, come from Lisbon, who contrary to the said
act, had some wine, oil, and sugar, which he imported here,
the said ship was condemned by Court of Admiralty, and sold
for 120 sterl. at publick sale : Capt. Parry did also seize a small
sloop at Trepassey, having some tobacco on board, which he had
ship't in Marry Land, and for which, no bond had been given,
to land it on any of H.M. Plantations. Pursuant to 14th article,
I had by me the Act to encourage trade to Newfoundland, which
I duly as possible observ'd. I must say that I believe the Admirals
of the respective harbours, do not take any care to hinder vessells
from throwing out ballast, or press stones, which is very fre-
quently done in the several harbours, to the great prejudice
of them. In answer to the 22nd article, the big boat keepers
and masters of fishing ships, don't carry over such numbers of
fresh men, in proportion to their respective companies of seamen,
as the act directs, many of them are not furnish 'd with proper
certificates of having made oath before their sailing from England,
that they do carry such numbers of green men ; I don't know
what account the Custom House Officers, at the ports they come
from may keep, but the Admirals here, have no sort of account,
but what your Lordships see in the fishing scheme. As to the
23rd article, the inhabitants employ such people as they can
hire, without any regard to the said act. The 27th article is,
wether the Admirals are carefull to maintain peace, and good
280 COLONIAL PAPERS.
1736. [389]
government in the harbours, and on shore, to which I must
observe, the Admirals, are cheifly employ'd in their own fishing,
and frequently are absent a month at a time on the Banks.
When the said act was made, I believe, there were no Justices
of the Peace in Newfoundland, and those who are in that station
at present, being collected from the better part of people, inhabit-
ing this country, are much more capable, of preserving good
government ashore, as required of them, by the words of their
Commissions, while what disorder may happen in the harbours
is generally settled by the officers of H.M. ships, on this station,
or in case of difference, both parties generally agree to our final
determination, and submit thereto. In answer to the 50th
article, of H.M. Instructions, of the plantation goods brought
to Newfoundland, those inumerated by Acts of Parliament
are only rum, tobacco, sugar and melosses; I could never find
that they export these commodities hence, to any foreign parts,
by any indirect trade, but the use made of them is to pay of
their servants wages, very often in a scandalous manner at
exorbitant prices, very much to the prejudice of such servants,
w r ho have any families. In answer to the 51st article, the mer-
chants in New England carry on a great trade to this Island,
cheifly by their rum, and provisions, they comonly sell for money,
or bills of exchange, which they carry hence to New England,
and which is of great help to them, in answering their trade,
which they import from Great Britain. In answer to the 52nd
article, there are a great many publick houses in this country,
particularly in St. John's Harbour, I endeavour'd what in my
power lay, to keep them in some order, and did oblige the keepers
of the said houses to have licences from me, which I gave to
none but such, for whose orderly behaviour, I had assurance,
they will trust the common people here and thereby receive
great part of their wages, and I am certain there is no method to
prevent it while rum is imported. In answer to the 57th article,
the New England traders do intice, and carry thither people of
any sort, from this country, any of the inhabitants will readily
assist them therein, for any private advantage of their own.
In answer to 58th article : I have prevented the foregoing practice,
as much as lay in my power, and did oblige all masters of New
England ships, that came in my way, to give bond, not to carry
away seamen etc., notwithstanding which, there will never be
wanting frequent opportunities of their carrying off passengers,
both before the arrival of the convoy, and after their departure.
I can't imagine any way to prevent this great evil, unless some
fine were laid on masters of ships, carrying persons from New-
foundland to New England, without proper leave, which fine I
beleive cannot be laid without a new Act of Parliament, which
might be of great use in many cases to the trade of this Island
which I submit to your Lordships better judgment. In answer
to 59th article, relating to the complaint of the English Consuls,
and merchants, residing in Spain, Portugal and Italy, which
complaints, I beleive, are very just, since it appears very true,
that the French fish, has sold of late years, at the price of one
AMERICA AND WEST INDIES. 281
1730. [389]
dollar p. quintel, at least, in the Italian markets, more than the
English fish ; the reason of which according to my observation,
is no ways from the badness of the salt, or for want of sufficient
quantity, the common quantity of salt for one hundred quintals
of fish, being ten hogsheads, and I must observe to your Lord-
ships that the greatest reason, I can find, is, the fish being sent
hence to foreign markets, before it is cur'd in such manner as it
should be. Of this I have had certain proof this year, the occa-
sion of which is as follows, the sack ships from Europe who come
cheifly loaded with salt, and some other commodities, pay
therewith in part, and the rest by bill on their merchants in
London, according to the best agreement, they can make with
the boat keepers. Now the masters of the said sack ships are
always jealous of each other and contriving which shall carry
their fish first to market, to which purpose they frequently ship
their fish before 'tis cured which thereby suffers in the passage
so much, as to fall miserably in the price, and 'tis generally
beleived many of the merchts. concern'd in the sack ships, will
suffer considerably on the said account this year. In answer
to 65th article etc., the memorials and petitions laid before you,
from Bristoll, Pool and Dartmouth against the Justices of the
Peace have been cheifly form'd by masters of merchant ships,
who are very often very ignorant and very impudent fellows,
and particularly behave as such to the Justices of the Peace in
the execution of their duty. I have been often troubled thereby,
and have affidavits which have been sent me from inhabitants
of other harbours, as well as the information of the Captains
of H.M. ships, how much the Justices of the Peace are frequently
insulted and male treated by inhabitants, boat keepers, but more
especially masters of merchant ships. The present Justices of
the Peace are mostly of those gentlemen, who were chosen and
approved of by my predecessors, and where I have had occasion
to appoint any new ones, I have entirely acted in that affair
by the general! consent or desire of the better sort of the inhabi-
tants and this I am very well assur'd of, they are composed of
the better sort of the inhabitants in this Island etc, I have
herewith inclosed to your Lordships the bonds taken from masters
of New England ships, as also the scheme of the fishery for 1735
with this year's, because I found some mistakes in that, which
I sent your Lordships last year. Signed, J. H. Lee. Endorsed,
Reed. 6th Nov., 1736, Read 13th Jan., 173f. 4 large pp.
Enclosed,
389. i. State of the Planters and inhabitants, with a scheme
of the fishery at Newfoundland for 1735. A few small
corrections from that given Sept. 29, 1735, but quintals
of fish made by the inhabitants is now returned at
290,825, and carried to foreign markets, 314,475 [sic].
2 large pp.
381). ii. Same for 1736. Number of ships, 259 ; burthen,
20,923 ; men belonging thereto, 3,064 ; passengers,
2,484 ; boats kept, 917 ; by boatmen, 2165 ; quintals
for fish made, 292,410 ; carried to foreign markets,
282 COLONIAL PAPERS.
173<>. ['**>']
299,030 ; 1230 tierces of salmon ; train oil made,
1449^ tons ; prices, per quintal, 10s., 10,9. 6d., or 21 reals ;
of salmon, 45s., of train oil pr. ton 9 10s. to 12 ;
number of stages 426, of trainfatts, 259. Number of
families, 362 ; acres of land improved, 201 ; inhabitants,
3,391, remaining in the country last winter, 2,786 ;
births, 68, deaths, 36. Endorsed as covering letter,
1^ large pp.
389. iii. Thirteen bonds given by masters of Plantation ships
not to carry off any men but what belonged to their
ships. Same endorsement. 13 pp. [C.O. 194, 10. ff.
25-27, 28 v.-31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42,
43, 44 v.].
Sept. 27. 390. Wavell Smith's answer to the observations of the
Agent of St. Christopher upon Mr. Smith's and Mr. Balaguier's
accounts. Shows that in many instances the Agent has mis-
represented the facts and charges. Concludes : But it's sub-
mitted the question upon the present act is simply whether
Mr. Smith is to have an allowance in gross for all the publick
business (instead of fees), against all usage, and without any
regard how business may vary, or what expence he may be at
etc.., and whether 60 present currency paid in sugars which is
worth about 30 sterl. is a sufficient hearing is submitted on what
passed at the hearing (v. Journal of Council}. But the vote of
the Legislature of St. Kits in June, 1735 (v. 24th Nov.) seems
to have put this matter beyond all dispute etc. Considering the
Instructions this act is passed in breach of, hopes the Board will
report against confirming it, and advise H.M. to direct the
Governor and Council to state the account of the said Smith
according to the usual allowances paid to his predecessor and
self to the time of making the said act, and also to state what
has accrued due to him or his Deputy since, according to the
said allowances, and to recommend the payment thereof to
them, as well as to take care for the future the said Smith and
his Deputy be paid for such services as shall be by them per-
formed for the publick according to the usual and accustomed
allowances upon the like occasions and in legal money. Endorsed,
Reed. 27th Sept., Read 25th Nov., 1736. 3| large pp. [C.O.
152, 22. ff. 243-244 v.].
Sept. 27. 391. Duke of Newcastle to the Council of Trade and Plan-
Whitehall, tations. I herewith send your Lordships, a copy of a letter
which I have received from Monsr. Geraldino, Agent for the
King of Spain etc. I am to acquaint you with Her Majesty's
pleasure, that you should enquire into this matter, and send
me a state of it, for H.M. commands etc. Signed, Holies New-
castle. Endorsed, Reed. 28th, Read 29th Sept., 1736. 1 p.
Enclosed,
3~91. i. M. Geraldino to the Duke of Newcastle. London.
21 Sept./2 Oct., 1736. The King my master had every
occasion to hope, from the representations of the Ministers
AMERICA AND WEST INDIES.
1736. [391 i.]
of His Britannic Majesty made to me in Sept. 1735,
before the departure of Mr. Oglethorpe, that his visit
to Carolina, far from producing any results contrary
to existing Treaties, might help to establish a perfect
understanding between the Governments of that
Province and Florida etc. But on the contrary, the
Governor of St. Augustin has had the mortification of
seeing a fort, situated in the territory of His Majesty,
eight leagues from St. Augustine, attacked on the
3rd of March of this year by the inhabitants of Georgia,
who, having killed one of the Spanish soldiers who
defended it, cut off his head and carried it away with
them in triumph. After which, the said inhabitants
of Georgia built a fort in the territory of the Govern-
ment of Florida, 25 leagues to the North of St. Augustine,
at the mouth of the River St. Simon, and put a garrison
there to defend it, although in the past the inhabitants
of Carolina, who had built a fort at the same place,
had demolished it by order of the English Court at
the request of that of Spain. The Governor of St.
Augustine has etc. also informed the King that he had
just been advised by his Lieutenant at the fort of San
Marrcos in the Province of Apalache, that the Indians
of the Provinces of Uchee and Talapuzee, His Majesty's
subjects, had complained that the English were then
employed in building a fort in His Majesty's territory
inhabited by the Uchees, and that they even announced
that they would build another in the territory of the
Talapuzies, north west of St. Augustine, and that
another party of three hundred English had appeared
on the frontiers of the same Province, and that having
unfurled a standard of war in a Poblation of Indians
named Apalachicola, they had summoned the principal
Poblation of the said Province, called Caveta, to join
them in making war upon the Spaniards, informing
them at the same time that they were resolved to
demolish the Fort of San Marcos and afterwards to lay
siege to St. Augustine. The Governor of St. Augustine
did not hesitate to believe this, because the English
of Georgia made continual incursions into the territory
of Florida, and disturbed the inhabitants there, etc.
Submits these patent facts to the consideration of His
Britannic Majesty, and adds : The Colony of Carolina
being situated 32 latitude, 294 longitude, and that
of Georgia being to the south of it, it is indisputable
that the latter is in Spanish territory, and even the
former, according to the Treaty of 1670, the 7th Article
of which fixed the boundary of the said Province and
that of Florida at 33. 50 min. latitude and 339. 20 min.
longitude, although the town named Carolina was
tolerated because it was built before the aforesaid
Treaty. And as by the 8th Article of the Treaty of
COLONIAL PAPERS.
1730. [391 ii.]
Sept. 30.
Whiteliall.
Sept. 30.
Whitehall.
Oct. 1.
Oct. 2.
Barbados.
Utrecht it is agreed that the boundaries in the West
Indies should remain on the same footing as they were
under Charles II, etc., the King my Master does not
doubt but that His Britannic Majesty will give immediate
orders for the punishment of the inhabitants of Georgia
etc.. and their observance of the limits fixed by the
aforesaid treaties, and that the forts built on the terri-
tory of Florida be immediately destroyed etc. Signed,
Thomas Geraldino. Copy. French. 5 pp. [C.O. 5,
365. ff. 119, 120-122, 123 v.].
392. Mr. Popple to the Trustees for Georgia. H.M. having
been pleased to refer to my Lords Commissioners for Trade
and Plantations, a letter to the Duke of Newcastle from Monsr.
Geraldino, Agent for the King of Spain here, containing several
complaints against the inhabitants of the Colony of Georgia,
etc., encloses copy and concludes : My Lords are desirous of speaking
with you upon that subject on Wednesday morning next at
eleven o'clock. [C.O. 5, 401. pp. 175, 176].
393. Mr. Popple to Mr. Fane. Encloses, for his opinion
in point of law, 13 acts of Barbados, 1734-1736. [C.O. 29, 16.
pp. 48-51].
394. Deposition of John Jackson, of Saffron Hill, London,
mate of the Benjamin brigantine, carried 3 1 recruits to Providence,
12th Dec., 1735 with goods and merchandize for Governor
Fitzwilliam. Some of the garrison coming on board, and being
in a very lean and languishing condition, informed deponent
that the reason was that they were almost starved, the Governor
allowing them no more than 3 pounds of salt pork or five pounds
of salt beef Carolina provitions and 5 pounds of flour per week,
whilst they were compelled to perform very hard labour in the
woods and otherways for him without any payment for the same.
If any of them complained, they were whipt or otherwise pun-
ished in a cruel and excessive manner. Signed, John Johnson.
Endorsed, Reed. 23rd, Read 24th Nov., 1736. 1| pp. [C.O.
23, 3. ff. 213, 213 v., 214 v.].
395. President Dottin to the Duke of Newcastle. The
Instructions your Grace was pleas'd to enclose me for altering
the prayers for the Royal Family came safe to my hands, without
the honour of any letter, which I presume you did not think
needfull on that occasion, tho an answer to one which I had
done myself the honour of addressing to your Grace, and which
must have kiss'd your hands before that instruction was sent,
wou'd have given me the utmost pleasure, however, I immediately
comply'd with the directions of the Instruction as I ever will
with everything else in my power on all occasions which comes
from your Grace. I formerly took the liberty of acquainting
your Grace that John Ashley Esqr. a member of Council here
appear'd to be so much indebted as to be forc'd to abscond and
AMERICA AND WEST INDIES.
285
1736. [395]
cou'd not attend his duty in that station, which he has neglected
for a considerable time past, and no hopes of his being able to
retrieve his affairs, so as to be able to appear in publick, and
therefore I humbly recommended Coll. John May cock as a fit
person to supply his place, but not having heard anything further
here on, I presume to mention it again, and entreat your Grace
will be pleas'd to consider of it, and as Mr. Ashley is disabled
by reason of his circumstances from doing his duty, I wou'd
flatter myself that your Grace will comply with my humble
request in conferring that honour on the gentleman I have
recommended, but should Mr. Ashley still be continued, as a
vacancy has happen'd therein, by the death of Mr. Peers, I hope
for Coll. Maycock's succeeding therein, tho if he supplys Mr.
Ashley's place, I then take the liberty of recommending Thomas
Harrison Esqr. as a very fit person in every respect to fill up
Mr. Peers's vacancy, and as H.M. service often suffers for want
of making a Council because there are so few members on the
Island, I am persuaded your Grace will have these vacancys
supply'd very speedily. The officers having lately furnish'd me
with the papers directed to be transmitted home I have herewith
sent them to your Grace, and beg leave to subscribe myself with
the greatest respect. Signed, James Dottin. 1 p. [(7.0. 28,
45. /. 392].
Oct. 2. 396. President Dottin to the Council of Trade and Plan-
Barbados, tations. I have by this opportunity transmitted the several
publick papers which the officers have furnish'd me with on
H.M. service for your Lordships' perusal and consideration,
and hope my conduct will meet with your approbation. As
your Lordships have not yet thought proper to take any notice
of what I mention'd with respect to Mr. Ashley who has not been
at Council for a considerable time, and I fear his affairs will
never be settled in such a manner as to allow him ever to appear
here again in publick, I take the liberty of repeating my recom-
mendation of Collo. John May cock as a fit person to supply his
place, or that of Henry Peers jr. Esqr. who is lately dead, but if
Coll. Maycock is appointed in the room of Mr. Ashley, I humbly
recommend Thomas Harrison Esqr. as a gentleman fitly qualifyed
in every respect to be of the Council here, I humbly entreat
your Lordships to have these vacancys supply'd, since H.M.
service very much suffers for want of a greater number of members
of Council residing in this Island. Signed, James Dottin.
Endorsed, Reed. 10th, Read 12th Jan. 173f. f p. Enclosed,
396. i. List of enclosed Acts and Minutes of Council and of
Assembly, April-Sept., 1736. Same endorsement. 1 p.
[C.O. 28, 24. ff. 188, 189, 189 v., 190 v.].
Oct. 6. 397. Council of Trade and Plantations to the Lords Corn-
Whitehall, missioners of the Treasury. Enclose accounts of incidental
charges of the Office, Midsummer to Michaelmas, and request
payment of one quarter's salaries then due. (v. Journal.) [C.O,
389, 37. pp. 375, 376.].
286
COLONIAL PAPERS.
1736.
Oct. 6. 398. Mr. Popple to Mr. Fane. Encloses, for his opinion
Whitehall. i n point of law, several Acts of Antigua, Nevis and Montserrat,
1735, enumerated. [C.O. 153, 16. pp. 41-44].
Oct. 6.
Whitehall.
399. Council of Trade and Plantations to President Dottin.
Since our letter to you of the 18th of July, 1735, we have received
yours of the 2nd of August, 21st of October, and 29th of Novem-
ber, 1735, with a postscript of the 4th of December following,
as also of the 17th of April and 14th of June last, and the several
publick papers you have mentioned to be inclosed in your said
letters. And we do commend your care in having caused so
exact an account to be taken and sent to us of the state, condition
and trade of the West Indian Settlements. We have sent to
his Grace the Duke of Newcastle copies of such papers, as we
have from you in relation to the proceedings of the French at
Sta. Lucia, St. Vincents and Dominico, with our opinion on
the consequences that may attend the same, that H.M. may give
such directions thereon, as may best tend to the wellfare and
security of his Islands and the trade thereof, and we hope you
may soon receive H.M. Instructions upon that head. However,
we shall be glad to have from you any additional informations
which you may get from time to time upon this subject. We
think the instance of respect, which the people of Barbados
have paid to the memory of their late Governor in granting a
sum of mony for payment of his debts, and for the use of his
Lady, a very commendable one, wherefore we laid the Act for
that purpose before H.M. for confirmation, and the King was
pleas'd to confirm the same. With regard to that part of your
letter of the 2nd of August, wherein you mention some hardships
imposed on the planters and shippers of the produce of Barbados,
by the Custom House officers in the collection of the 4| p. cent,
we can only observe, that you should have been more particular,
but since the Surveyor General has laid a state thereof before
the Commissioners of H.M. Customs, we presume they will give
proper direction thereon. We have considered what you write
concerning the five Acts represented by Lord Howe to be cramps
on the trade of Barbados, vizt. An Act concerning forestallers and
engrossers of provisions ; an Act to prevent the inconvenience upon
the inhabitants by forestallers, engrossers and regraters ; an Act
to prevent the exportation of horses and asses from this Island.
An Act for laying an imposition or duty on all sugars, molosses,
rum, cotton and ginger imported which are not the natural product
of some of H.M. Colonies. And a Supplemental Act to the last
mentioned Act. We wrote to you what occurred to us upon this
subject in our letter of the 18th of July, 1736, and having since
considered the reasons sent us by you for and against those
Acts, if it be really for the advantage of the Colony and agreable
to the sense of your Assembly that they should be repealed ;
we can see no inconvenience in your passing a law for that
purpose ; provided you insert a suspending clause therein, that
it may not take place untill H.M. pleasure shall be known, and
when we shall have receiv'd such a law from you, we shall consult
AMERICA AND WEST INDIES. 287
1736. [399]
the merchants here concerning the expediency thereof, and
then report to H.M.. what we think may be for His service on
this subject. We are very sorry to hear of Mr. Ashley's mis-
fortunes which would probably be encreased by his being imme-
diately removed from the Council, tho' it might perhaps be
advisable for him to resign, we do not therefore at present think
proper to report any thing upon this subject to H.M. We
must however desire you will send to us by the first opportunity,
an account of the number of the gentlemen of the Council present
on the Island, and of those who are absent, how long they have
been so, and from whom, and for what time they have obtained
any licence of leave. In answer to your letter of the 14th of
June last, desiring our opinion upon that Article of your Instruc-
tions, which relates to Appeals, we think you have done right
in adhering to the letter of your Instructions, in refusing to grant
appeals under the value therein mention'd. [(7.0. 29, 16. pp.
51-55].
Oct. 7. 400. Mr. Shelton to Mr. Popple. W T hen Mr. W T ragg and I
attended your Board lately, the Lords were pleased to command
us to give them an account of the two Baronies, which Mr. Wragg
petitioned H.M. for. But the plans which the Duke of Beauford
had of them can't be found. Sends the best account of their
situation Mr. Wragg can remember etc. " He expects every day
an account of the arrival of some Germans in Holland in order
to be transported to that Province." Signed, Ri. Shelton.
Endorsed, Reed, llth Oct., Read 12th Nov., 1736. Holograph.
2 pp. Enclosed,
400. i. Description of the two baronies in Craven and Granvill
counties, S. Carolina, petitioned for by Mr. Wragg.
1 p. [C.O. 5, 365. ff. 148, 148 v., 149, 150 v.].
Oct. 7. 401. Petition of Chaloner Jackson, Collector of Customs,
London. Providence I., Bahamas, to the Council of Trade and Plantations.
Abstract. Complains that Governor Fitzwilliam, from the time
of his arrival till 1735, when petitioner fled, fearing for his life
from the Governor's menaces and inhuman treatment, obstructed
him in the discharge of his duties and grievously oppressed the
inhabitants, etc. (i) On Jan. 1st, 173f , the Governor, in order to
engross and monopolise all provisions brought from the Continent
for the sustenance of the inhabitants, (which till his arrival they
had at moderate rates) did propose in Council (petitioner being
a member thereof and present) that all vessels in which he had
a share, and all other such vessels as brought any necessaries
proper for the garrison should be exempted from all port charges.
The Council refused, knowing it to be merely a pretext to cover
his private trade. Yet in August the Governor sent his servant,
James Scott, to acquaint petitioner that he had by his own
authority made the same a Minute of Council, and expected him
to pay obedience to it. Petitioner answered that if he received
any port charges etc. which he could not justify, the Governor
would have just cause of complaint against him, Scott replied,
288 COLONIAL PAPERS.
1736. [401]
that the Governor would not complain to England, but would
sue him at Common Law in Providence and ruin him for it etc.
When any provisions arrive, the Governor buys up the whole,
and exempts those who sell to him from all dues etc., under
pretence that the garrison is in want etc. (ii) Some time before
the Governor's arrival, one Capt. Petty, Commander of a sloop
bound for London, entered 400 cwt. of. cotton in the store for
London, giving bond with Samuel Lawford for its being landed
in Gt. Britain or the Plantations. On his return to Providence,
he had mislaid the certificate given in London of its being landed
there. But as the bond was not by the Statute to be put in
execution till 18 months from the date thereof, nothing was
at that time done. But afterwards, Governor Fitzwilliam
having bought 100 barrels of flour of Petty and partner, sent the
same to Havana, in a vessel, commanded by Petty, which was
not allowed to trade with the Spaniards and returned with all
her lading, except 12 barrels of flour, to Providence. The
Governor, being disappointed, told Petty that unless he took
back the unsold flour, he would sue the bond abovementioned
and ruin him. Petty refusing to comply, the bond was put in
suit by James Scott, then Naval Officer, who had been with
Petty to the Havana, as the Governor's factor, to trade with
the Spaniards. Before judgment was given, a certificate from
the Commissioners of Customs arrived, that the 400 cwt. of
cotton had been landed in London. Though the Governor and
Naval Officer were fully apprized thereof, the prosecution was
continued in the Court of Common Pleas. The Chief Justice,
Nicholas Rowland, gave his opinion that the bond ought there-
upon to be cancelled. " But as this point was for some time in,
debate, between the said Chief Justice, and Mr. James Scott,
the prosecutor on behalf of the King, and then upon the Bench
as Assistant Judge, the Court adjourn'd for a few hours, and
was from thence further adjourn'd by the Governor, for fourteen
days, in which time the Governor turn'd out Mr. Rowland, and
appointed Mr. Scott, Naval Officer, to precede in quality of
Chief Justice in his stead, to which the defendants afterwards
objecting in Court, and declining as much as in them lay, the
jurisdiction of said Scott, Mr. Lawford also pressing it to the
Court, that Mr. Scott the prosecutor (who had also prejudg'd
them) could not regularly, or decently, sit as a competent judge
in their cause etc. ; Scott immediately committed said Lawford
to the common gaol." etc., and next morning sentenced him to
fine of 300 pieces of eight and six months imprisonment without
bail etc. But as the Assembly, of which Lawford was a member,
was then sitting, some of the Representatives, by order of the
House, went to the prison, and demanded that he should be
set at liberty. But the Marshal answered that he dared not
deliver him, the Governor having given strict orders to the
contrary. But the Governor, passing by the gaol a few days
afterwards, and Lawford, in most humble manner, intreating
his liberty, he ordered his discharge, upon condition (as Lawford
has frequently assured complainant) that he would not sit, or
AMERICA AND WEST INDIES. 289
1730. [401]
act, any more in that House, as a Representative of the Colony.
This composition, LaAvford informed complainant, Avas exacted
from him, because he had opposed some points before, which
the Governor wanted to carry in the House. To complainant's
own knowledge, Lawford did never come to the House during
the whole sitting etc. In consequence of these proceedings, the
trade and navigation of the Colony, which consists chiefly in
dyeing woods and some cotton, for all which bond is enacted
to be given before any can be laden on board, have been exceed-
ingly cramped, obstructed and in great measure lost to this
Kingdom and Colony, many vessels having been frequently
confined to the harbour, and the masters and owners deterred
from lading, because they were in equal danger and like case
with Petty etc. Moreover Scott, the Naval Officer, is further
prejudicial to trade in general, he having rejected good security
provided and certified by complainant as sufficient, and thereby
detained the vessels and goods. The Governor, by his manage-
ment, has been able to engross and monopolise the most profitable
branch of trade in the Colony, and can at all times purchase said
goods, which others are afraid to ship, not only cheaper than
any other person for ready money, but has also, by other arbitrary
means, obtained the ascendant in those articles of trade, that
he more usually pays for them in ozenbrigs, cordage, hats, shoes,
stockings, beef, pork, flour, rum, sugar, nails, pins, tape and
thread etc., retailed out of his own shop, and at a very advanced
price, to such as cannot Avait his time for better payment, said
Mr. Scott, Chief Justice, being his store keeper, (iii) Com-
plainant now lays before their Lordships " such an instance of
tyranny, and barbarity, confessed, and apparent in the Governor's
treatment to this complainant as has no example." etc. On
21st Oct., 1734, Nathaniel Coverly, master of a sloop, came to
complainant's office, to enter outward, bound for S. Carolina,
a parcel of blankets, duffields and cottons, some remnants of
woollens, belonging to the Governor, but as the said goods had
been clandestinely imported from Ireland, as deponent believes,
no report or entry having been made of them inwards, and no
cocquet having even appeared to complainant, from any Custom
house in Great Britain or other H.M. Dominions, proving them
to be the manufactury of, or legally imported into the same,
complainant refused to make entry of the same outwards etc.
Whereupon, petitioner standing at the door of Mr. Goudet's,
and Governor Fitzwilliams then coming into town, along with
Capt. Coverly, he said " Come heare, you Rascell, do you say that
these goods of mine were not legally imported ? " etc. Petitioner
replying as above, the Governor lifting up his walking stick,
and calling deponent Dog, Villan, rascal and threatning to have
him whipped round the town, gave him several blows on the
head, the scars of which are now to be seen etc., and wounded
him also in the arm, and then taking him by the collar, held
and beat him till his stick broak short in his hand ; the com-
plainant's wife and other persons continually crying out and
beging him not to strike again, from which at their entreaty he
19 (1).
290 COLONIAL PAPERS.
1736. [401]
refrained, tho' otherwise he should not at all events, believing
that the Governor would have murthered him etc. Complainant
went immediately before the Chief Justice to make his complaint
etc. But his own wife could be no evidence, and the rest did
declare, in the presence of the Chief Justice and complainant,
that they dared not give their testimony , because the Governor
would ruin them etc. Amongst the rest, the evidence of one
Thompson was drawn up by the Chief Justice etc., but when the
oath was tendered, Thompson declared he was afraid to swear etc.
Capt. Coverly also refused to give evidence etc., both declaring
the Governor would ruin them if they did. But Mr. Susanna
Sayler had sufficient currage to make affidavit to the truths above-
mentioned, but he had no way to obtain any redress " etc. On
23rd Oct., the Governor, notwithstanding that he claimed said
goods and did abuse complainant as above for not admitting
the same to entry, did in the name of John Keowin, bring his
action in the Court of Common Pleas for 300 pieces of eight
damages (which 60 sterl.) against petitioner, upon his refusing
to make entry etc as aforesaid, to which petitioner did plead the
general issue and give in evidence the statute for preventing
frauds (7 & 8 William III) etc. But Scott, just made Chief
Justice, did declare from the Bench that neither said statute,
nor any other by complainant brought in evidence, did affect
the Plantations, or their trade. Whereupon the jury did give
the plaintiff 28 pieces of eight damages. But the said Justice,
disliking said verdict, he sent them out again, and upon their
return into Court, they gave the plaintiff 200 pieces of eight,
and full costs, notwithstanding which said Scott did order judge-
ment to be entered up for 440 pieces of eight, and costs which
amounted to 24 pieces of eight, which in all amounted 92 16s.
sterl. Annexes copy of apprasement made in Carolina of said
blankets, cottons etc., at 123 2s. S. Carolina money, amounting
to 17 11s. sterl. Within four days thereafter, the Marshal
of the Court did serve an execution on three negro slaves of
complainant's, whereby he was deprived of his writ of error on
said judgment, or any other legal remedy to be had thereon.
The said slaves were immediately exposed for sale, and purchased,
by persons employed by the Governor, for one half their value,
and for said Governor's use, and said Governor did afterwards
attach 67 pieces of eight of complainant, then in the hands of
Thomas Seyton, now in London, as also six tons of brazeletto
wood, the property of the Crown, being such as complainant
had received in species and for H.M. duties. After the departure
of complainant, and in order to deprive his wife and children
of any means of subsistence, a paper was put up at the market
in Nassau, commanding all persons debted to him to pay said
debts to the Marshal of said Court, whereby she was deprived
thereof, and as deponent believes, this hardship was among
many others the occation of her death. Complainant requested
of the Bench and the Clerk a copy of all proceedings of Court
beforementioned, but was denied by Scott and the Clerk. Upon
29th Nov., the Governor did in the name of James Donovan
AMERICA AND WEST INDIES. 291
173G. [401]
bring his action in said Court for 180 pieces of eight damages
(36 sterl.) against petitioner upon his refusing to make entry
outwards of another bale of duffields, cottons, remnants of woollen
cloth belonging to the Governor, not being lawfully imported
into the island. The cause was tried in the Court aforesaid,
after complainant's departure from the island, and a judgment
entered against him by order of Chief Justice Scott, (iv). Con-
tinues : In order to demonstrate to your Lordships how impos-
sible it is in so small a Colony (where the Governor at will and
pleasure, and to serve any turn, and to doe any jobb, turns out
and displaces the Chief Justice, and other Judges, the Judge of
the Admiralty, Justices of the Peace, Secretary of the Colony,
Provost Marshall, the Officer of his Chancery and of every other
Court, and even the Council, or advanceing, or degrading them,
according as their conduct suits his own ends and inclinations)
for any person now their, however greviously oppressed, to make
known their intolerable burthen, to his most Sacred Majesty
or to your Lordships, whom under their Sovereign they look
upon as the guardians of their rights, libertys, priviledges, or
for such as have made their escape from an administration
under which they could no longer live, to obtain farther proofs
of these severity s from thence etc., petitioner is in the most
solemn manner ready to give testimony to the facts hereafter
mentioned, viz. that after the Governor had thus beat, abus'd
and dangerously wounded him in the execution of his office,
etc., the said Governor beliveing that the complainant would
. look out abroad for redress, he commanded, threatned, and
derter'd the masters and owners of all vessels, from permitting
any letters to be put on board, or to be carried of from ( = to)
your Lordship [from] complainant, or any other the inhabitants,
of which truth Capt. Hilton, Commander of a sloop bound for
S. Carolina is a particular instance etc. Complainant decided
his wife home to obtain justice for himself, but Mr. Law 7 ford
would not suffer her to go on board his sloop, the Governor having
threatened to tear him and his fortune to pieces if he did so,
and also obliged one Capt. Smith, on leaving Providence, to
take oath that if he met any of the inhabitants of Providence
at sea, or on any of the small keys or islands, he would either
bring them back or put them upon some remote and uninhabited
island etc. Complainant fearing at length that the Governor
would be his utter destruction, " and turn all those laws against
him (as he had already done in the cases of many others), which
are the best security of an English subject, the Courts of law
under his immediate influence and direction, the said Governor
at all times when they are sitting, walking at a small distance, and
sending to, and receiving messages [from] the Bench, especially
when causes in which he is plaintiff are before them, which are
fare more numerous then those of all the rest of the Island,
and when a verdict is against him at Common Law, his Attorney
appeals to himself in Chancery, where the judgment on such
verdict, is assuredly revers'd ; and petitioner having once been
forc't by the said Governor's directions, into the Court of
292 COLONIAL PAPERS.
1730. [401]
Admiralty, and their vexatiouselyand unjustly prosecuted (before
one Smith, Judge of the said Court, and a creature, an instrument
in all the Governor's arbitrary measures) for matters done in
the due and legall execution of his office, and in a suit where the
cause of action was not cognizable, before said Smith, or the Court
aforesaid," etc., took to flight on 26th Jan., 173|, with four others
of the principal inhabitants, equally aggrieved and distressed
by the tyranny of the Governor, in a small boat of no more than
20ft. in the keel, in which they passed the Gulf of Florida, after
being 21 days before they could get clear of the Bahamas, in
constant and astonishing hazard and in expressible hardships etc.,
petitioner being resolved not to barter his honour for the deceit-
ful promises of the Governor, tendered to him, just before his
escape, through Mr. Stewart, Surgeon to the Garrison, if he would
become the false accuser of himself, and lay himself at his mercy
etc. His wife left behind, died of her hardships. He has suffered
400 sterl. damages through the Governor's arbitrary will etc.
Prays for relief for these grievances, which all the inhabitants
and most of the garrison share etc. Signed, Chaloner Jackson.
Endorsed, Reed, (from Mr. Jackson), 8th, Read 13th Oct., 1736.
15 pp. [C.O. 23, 3. ff. 157-164, 165 v.].
Oct. 7. 402. President Clarke to the Duke of Newcastle. I am sorry
New York, that I have so soon occasion to give your Grace the trouble of
another letter, but the faction having prevailed on Mr. Van Dam's
weaknes to a greater degree than could be imagined, I think
myself bound in duty to acquaint your Grace with it by presenting
to you a copy of my letter to the Lords of Trade with the papers
therein referred to, presuming that they contain (if not a full
account of all the folly and madnes of the faction) , enough to give
your Grace a view of the present situation of affairs. I beseech
your Grace to be assured that I will never fail to maintain H.M.
Royal authority to the utmost of my power, and to the last penny
I have in the world ; never was any man so distressed as I am,
there is not a farthing in the Treasury, on the contrary there is a
great deficiency in the Revenue, I am obliged to defray all
expences out of my own pocket, and shall continue to do so in
support of the Government tho I and my family are thereby
reduced to the utmost want, hoping from your Grace and
protection that H.M. will be graciously pleased to continue me in
the administration of the Government, there is no other way by
which I can possibly be preserved from ruin, for if a Governor
comes whilst I labour under a heavy load of debt which I am daily
contracting in my present circumstances, I can hope for little
relief from the Assembly, when I have no influence over them,
and if the Assembly be dissolved, another will not make good the
deficiences of the Revenue nor give a new one, especially if he be
chosen before the Faction be broke, and the people reclaimed from
their madness, and for that reason chiefly if not solely it is that
all their strength is bent to keep this Assembly from sitting ; we are
informed by private letters from merchants in London that it is
H.M. pleasure that Mrs. Cosby shall have a pension paid her by
A.MKKK'A AND WEST INDIES. 293
173IJ. |402]
whoever succeeds Covernor Cosby ; I heartily rejoice at every
instance of Royal favour to her, and cannot but think it a high
act of justice in recompense for her sufferings here ; I have done
myself the honor to congratulate her upon it, and humbly ask
your Grace's pardon for presuming to mention it to you. A few
days will resolve me whether the Assembly will sit or no, if they
do, as they promised on my adjournment they would, I have
great hopes that I shall put to silence those seditious spirits ;
your Grace I presume will readily believe that I have a very hard
task, but I shall bear up under it, I hope, in such a manner as
may justify me to H.M., and gain your Grace's approbation and
protection. I humbly beg and presume to hope that your Grace
will be pleased to send me full powers and instructions to put an
end to the present distractions and their pretended doubts, and I
humbly propose it to your Grace's consideration, whilst it will
not be proper that I should have on this occasion, a power to
pardon treason ; Van Dam, Alexander and Smith have alredy
had [lead ?] very near it, and if they should go further and draw
in many unwary people with them I presume your Grace will
think it necessary. If James Alexander, William Smith and
Lewis Morris Junior, the authors of the seditious papers, with
John Peter Zanger, their printer, were sent to England, the spirit
of faction would be intirely broke, but this at present I dare not
venture to do without orders, being by H.M. 45th Instruction
forbid to send any prisoners to England without sufficient proof
of their crimes to be transmitted with them, and I have no other
proof at present against any of them then the appointment of
Corporation officers by Van Dam wherein it appears that
Alexander assisted as a Councillor. The printer on promise of a
pardon might be a strong witness and help us to more. By the
next ships I hope to have the honor to acquaint your Grace that
the face of affairs are then altered for the better, etc. Signed,
Geo. Clarke. 4pp. Enclosed,
402. i. Appointment of Magistrates by Rip Van Dam. Sept.
29, 1736. H.M. Councill being duly summoned to
attend me in Councill as Commander in Chief of this
Province, and James Allexander appearing and the
rest neglecting to appear etc., so that a Quorum could
not be made, to give me their advice concerning the
appointment of the following Magistrates of this City,
I have in their default appointed Cornelius Van Home
Mayor, Wm. Smith Recorder, Richard Ashfield Sherriff
and Richard Nicholls Coroner for the ensuing year.
Signed, Rip Van Dam. Copy, certified by Will. Sharpass.
Ip.
402. ii. Proclamation by President Clarke. Oct. 1st, 1736.
Whereas Rip Van Dam, Esq., notwithstanding his
application made at Home to be restored to his place
of one of the Council of this Province, hath not thought
fit to wait the Royal determination, but having been
seduced from his duty and allegiance to his most sacred
Majesty by etc. factious and evil-minded persons, has
204 COLONIAL PAPERS.
173<>. [402 ii.]
presumptuously usurped the administration, and on
29th day of September last, did assume and take upon
himself the liberty of appointing Officers etc. (v. preced-
ing), thereby endeavouring to spread sedition and
faction, and raise tumults and disorders etc., I have
thought fit, by and with the advice of H.M. Council, to
issue this Proclamation etc., requiring all H.M. Judges
and Justices of the Peace, and all other officers, civil
and military, etc., to prevent and suppress all riots,
routs, tumults and disorders etc. And for the more
effectual prevention of sedition and faction, and suppres-
sion of tumults and disorders etc., I do hereby strictly
charge and command, that no person do abet, aid, help
or assist Rip Van Dam with respect to his usurping or
taking upon him the administration of the Government
etc. Signed, George Clarke. Printed by William
Bradford. 1 p.
402. iii. Duplicate of Clarke to Council of Trade. Oct. 7.
402. iv. Duplicate of Paul Richard's declaration. Encl. i,
Sept. 18, 1736.
402. v. Deposition of Jeffery Cox. 7th Oct., 1736. On Sept.
14th he delivered to James Allexander, with a copy of
H.M. llth Instruction to Governor Cosby, calling upon
him not to continue to neglect attending the Council etc.
Signed, Jeffery Cox. 1 p.
402. vi. Deposition of Jeffery Cox. 6th Oct., 1736. Deponent
on each of the Council days since 29th April, summoned
James Allexander to attend, except on 6 days when he
was informed he was out of town, on which days he left
verbal notices with his wife etc. Signed, Jeffery Cox.
I p.
402. vii. Deposition of Frederick Morrice, Depty. Clerk of the
Council. 6th Oct., 1736. James Allexander did not
attend the Council meetings April 29th Oct. 1st. Signed,
Fredk. Morrice. 1 p.
402. viii. Minutes of Council of New York. Sept. 29, 1736.
Abstract. The President, George Clarke, with the advice
and consent of the Council appointed Mayors, Sheriffs
and Coroners for the Cities and Counties of New York
and Albany for the coming year. On being informed
that Rip Van Dam had yesterday appointed Officers for
New York, an attested copy of the said appointment
was sent for and entered in the Minutes. Copy. 2^ pp.
402. ix. Duplicate of Sept. 18, encl. ii.
402. x. " A Word in Season." City of New York. Sept. 28,
1736. "A freeman of this city," thinks Van Dam is
rightly President, and therefore if the Corporation do not
subniitt to his authority, in appointing Officers (No.
viii), " they may do us the greatest injury that can
befall our Charter " etc. Printed by J. Peter Zenger
2pp.
402. xi. xii. Duplicates of Sept. 18, encl. iii and v.
AMERICA AND WEST INDIES. 2<>5
402. xiii. Copy of The New-York Weekly Journal, Munday,
Sept. 20th, 1736. iYo. CXLX. Contains the letter
printed separately, Sept. 18, encl. iv. Printed. 4 pp.
[C.O. 5, 1093. ff. 423-425, 427, 428-430, 432,>433, 434,
436-437, 438-446 v.]
Oct. 7. 403. President Clarke to Mr. Popple. The following letter
[to the Council of Trade] with the papers enclosed will show to
what a height faction runs and how eagerly those men would
sacrifice the peace of the country to their own private views and
what an administration we should have had if Mr. Van Dam had
not been suspended. He was ever a weak man and now his great
age makes it weaker. It is our great unhappiness that no orders
have yet come to me from the Duke of Newcastle or from their
lordships. It is that kept the Assembly from sitting and made
them desire this adjournment in hopes I should have some in the
meanwhile, and it is to keep them from sitting that these virulent
papers are published and these vexed steps taken. All the
Council that are in town except Mr. Alexander act very heartily
with me and Doctor Colden's sentiments, who has been for some
time in the woods surveying and intends to be here in about ten
days, are set down by his own words. I had a letter from him
to-day dated the 27th of the last month wherein is this paragraph
which my present situation warrants me to transcribe. " Your
prudence and patience in the conduct of the public affairs gives
me much pleasure. Your persevering in the same method
I think cannot fail of success unless prevented by foreign accidents
which a wise man cannot guard against. May you receive your
reward in the good effects of restoring peace and content to the
inhabitants of this province, and I shall for the promoting of this
good purpose do everything in [my] power."
I hope their lordships will now think it highly necessary that
Van Dam's suspension be confirmed and expressly declared to be
so from the beginning, Alexander dismissed, and Mr. John Moore
and Mr. Paul Packard appointed in their room and I presume to
ask your favour in it. You will [settle], sir, their way of writing
and I hope that whatever orders are sent they may be so clearly
expressed that those men may be driven from all their shifts.
And I ask pardon for interposing my opinion and beg you will
be so good to move their lordships to some speedy and effectual
resolution. Pardon me, sir, for presuming to enclose to you my
letters to Mr. Walpole, Col. Bladen and Mr. Leheup. I was afraid
some trick might be played me if I had sent them single and I
know not which way to guard against it so well as this, and, as
they relate to the public affairs, I the more assuredly hope you
will forgive. Holograph. Signed, Geo. Clarke. [C.O. 5, 1058.
ff. 130, 130 v., 131.]
Oct. 7. 404. President Clarke to the Council of Trade and Planta-
New York, tions. On the 18th of last month we had by the Post the news
of Morris's being arrived at Boston ; the faction were busy contriv-
ing ways to keep the Assembly from meeting on the adjournmt.
COLONIAL PAPERS.
1730. [404]
I gave them at their own request, they thought if the Corporation
of the City questioned my authority and refused to submit to it,
it would have a great influence upon the members, the majority
of the Corporation being intirely at the beck of the faction and
for the most part men of a low class were easily perswaded to
their measures the aniversary day whereon the Govr. or Comman-
der-in-Cheif nominates the Mayor, Sherriff and Corroner, vizt. the
29th of Septr. being at hand, the Common Council met and sent
the Mayor and town Clerk to me to desire I would appoint no
officers for the ensueing year or to appoint the present ones, for
by the Charter they are to continue till new ones are sworn ; they
deliver'd their message and told me but not by direction that the
Common Council intended to present to me a memorial of wch.
they had a draught ready prepared, desiring me not to appoint, and
to present the like to Mr. Van Dam pretending they were fearfull
of their Charter if they should accept of any officers appointed
by me and H.M. should think fit to replace Mr. Van Dam, wn. in
truth this was only a fetch to get some acknowledgment that I
doubted of my authority and then to spread it abroad to keep
the Assembly from meeting. I returned an answer to the
message that I would to the utmost of my power protect the City
in all their just rights, liberties and priviledges, and in the
nomination of such officers as are to be appointed by me I would
make the direction of the Charter the rule of my actions and
I hoped no man would attempt to make any innovations that
may be prejudicial to the City; two days after I gave that answer
they held another Common Council and sent some of their
members to Mr. Van Dam to ask him if he would appoint, who
told them as I am informed that wn. the day of nomination came
on he would let them know what he would do ; the 29th of Septr.
came but no memorial. I summoned H.M. Council in the
morning as usual and by their advice appointed the officers of the
present year for the year ensueing and sent a copy of the Minute
of Council to the town Clerk, the same day Mr. Van Dam sent
as I am told to the Aldermen acquainting them that he intended
that day to appoint their officers and in the afternoon summoned
me and the rest of the Council by a door keeper whom he that day
appointed, to meet him in Council at his house but none went but
Mr. Alexander who has never since the day of Govr. Cosby's
death tho constantly summoned appear'd in Council with me ;
what Van Dam did will appear to your Lordship by the inclosed
paper No. A. The next day I held a Council again and we sent
to the town Clerk for that attested copy and order'd a proclama-
tion to be drawn which being prepared against the afternoon was
then in Council prefer'd to a Committee who the next morning
laid it before the board where it was again read with the amend-
ment the Committee made to it and ordered to be issued, No. B.
So soon as it was known that Van Dam had taken this extra-
ordinary step the Council thought it high time for me to remove
from my house in town into the Fort where I now am, what or
whether the faction have any incouragement from Morris to go this
length I can't tell ; most people immagine that letters have passed
AMERICA AND WEST INDIES. 297
173fi. [404]
between him and them since his arrival at Boston and suppose
that his journey hither has been put of on that account ; this is
certain that the[y] have in their weekly journal publish'd by
their printer Zenger endeavour'd to perswade the people that
every man has a right to judge to whom the administration of the
Government belongs that if a Governour misbehaves himself
they may depose him and set up another ; in consequence whereof
they prepared a paper and on the 29th Sept. in two of their wards
got the people when they were voting for Aldermen to sign it ; the
other five wards did not or would not sign. I dispair of getting it
or a copy of it and all the account I can get of it is that they
declared Mr. Van Dam had a right to the administration of the
Government, in some of the wards the Aldermen refused to offer
it to the people and, tho it was notwithstanding spoke of to them
by others, yet the people would not sign it it ; has been said (as I
have been informed) by several of the faction at several times that
Morris had done what he could but since he could not be heard
and that they could not have justice done them at home they
must do themselves justice here ; they talk of makeing a sacrifice
in Zenger's Journal, No. C, and of murdering me for my usurpation
of the Government as they call it, No. D. I own I am much
surprised Van Dam should by any means be drawn so great a
length, tho I know he is a very w^eak man, it is universally talk'd
on and beleived in town that Alexander and Smith, two lawyers
and the first one of the Council, gave him their opinion in writeing
in very positive terms that the administration of the Government
properly and lawfully belonged to him, and that it might have
the greater weight Alexander gave his opinion upon oath the day
that Van Dam nominated the City officers, but of this I have no
proof; however it is generally and firmly beleived, and that this
way they drew him into that unwarrantable step ; your Lordships
may be surprised that so many months pass'd since I have had
the administration of the Government in my hands and none of
these extraordinary steps taken by Van Dam he should now act
in this mad manner ; the reason is this they know there is no
way by wch. they can distress the Government so effectually as by
hindering the Assembly from sitting and have great cause to
apprehend that if they should sit the people will see with their
own eyes and be no longer led by those who have hitherto
misguided them ; they had hopes from the precipitate behaviour
of the Assembly in the Spring that they would meet no more, but
when contrary to their expectations they found they came
together in September that they acted more rationally and that
the majority sent to me to desire a short adjournment (in hopes
that I should in the meantime receive some orders) for notwith-
standing Zenger's audacious denyal the majority did send the
Speaker and another member to me, they resolved to make a
bold push and at any rate to attain their ends, and the aniversary
day for Election of Aldermen and Common Council and for the
nomination of the Mayor etc. being to come about during the
time of this last adjournment, they thought no season so favour-
able as that, I am fully perswaded that if the Assembly sit I shall
2<KS COLONIAL PAPERS.
1730. [404]
be able to break the neck of the Faction and get the difficiencies
of the Revenue made good, and I am bold to affirm to your Lord-
ships that if this Assembly be not continued till the Province is
restored to its tranquility, another Assembly will neither make
good the difficiencies of the present revenue nor give another but
by their presumptuous attempts on H.M. Royal Prerogative will
throw the Province into the extreamest convulsions. These City
officers whom Van Dam has nominated talk of acting, but how he
will give them commissions I can't see. I have the Seal, Commis-
sion and Instructions ; he must either grant the Commissions in
his own name, or in the King's under his own seal. I beg your
Lordships to be assured that it shall be my first and principal care
to reclaim the people by mild methods without departing from
my duty or prostituting H.M. authority ; the defection is cheifly
confined to the City where the ringleaders of the mallcontents
dwell ; we here nothing of it from the Counties ; if there were not
two companies of the King's Forces in garrison here the Faction
would probably take arms, but fear I beleive restrains them now.
I think the ringleaders have already gone too farr and if they
should go further and draw many unthinking and ignorant people
in with them I humbly presume it will be necessary that I should
have power and Instructions to pardon treason. I am forbid by
H.M. 45th Instruction to send home any prisoners without
sufficient proof of their crimes to be transmitted with them and
I have no regular proof but Zenger's Papers and Van Dam's
appointment of City officers; if James Alexander, Wm. Smith,
and Lewis Morris, Junr., the authors of those papers wth. their
printer Zenger were sent home it would at once put an end to the
Faction, and Zenger on promise of pardon might be a strong
witness and direct us to others. Your Lordships will see No. E.
and F. that Alexander has been duly summoned and never
appeared in Council since the last affidavit of this kind that I did
myself the honour to send to your Lordships etc. Signed, Geo.
Clarke. Enclosed,
404. i. Appointment of Magistrates by Rip van Dam. See
enclosure i Clarke to Newcastle, 7 October, 1736.
404. ii. Proclamation by President Clarke. See enclosure ii
as above.
404. iii. The New York Weekly Journal, 20 September, 1736.
Printed. See enclosure xiii as above.
404. iv. The New York Weekly Journal. 13 September, 1736.
No. CXLIX. Printed.
404. v. The New York Gazette. 6-13 Sept., 1736. No. 567.
Printed.
404. vi. " The Sentiments of a Principal Freeholder offered to
the Consideration of the Representatives of the Province
of New York." Westchester, September 1st, 1736.
Signed, F.S. 4pp. Printed.
404. vii. " A Word in Season." City of New York, Sept. 28.
1736. Printed. See enclosure x as above.
404. viii. Minutes of Council of New York. 29 September,
1736. Copy. See enclosure viii as above.
AMERICA AND WEST INDIES.
I".-,
1730.
404. ix. " A letter to one of the Members of the late General
Assembly." Printed by John Peter Zenger, 1736. 2pp.
No signature.
404. x. " A Word in Season." City of New York. Sept. 28,
1736. Duplicate of enclosure vii.
404. xi. Duplicate of Paul Rickard's declaration. Enclosure i
in 18 September, 1736. See enclosure iv in Clarke to
Newcastle, 7 October, 1736.
404. xii. Deposition of Fred Morris sworn before Paul Rickard,
Mayor, 6 October, 1736, that James Alexander did not
attend the Council meetings of New York, April 29
October 1. Paper seal. See enclosure vii as above.
404. xiii. Deposition of Jeffery Cox, Deputy Door-keeper and
Messenger of the Council of New York, sworn before
Paul Rickard, Mayor, 6 October, 1736, that he sum-
moned James Alexander to attend the Council meetings.
Paper seal. See enclosure vi as above.
404. xiv. Deposition of Jeffery Cox, sworn before Paul Rickard,
Mayor, 7 October, 1736, that he delivered to James
Alexander a copy of H.M. llth Instruction to Governor
Cosby. Paper seal. See enclosure v as above.
Oct. 8. 405. Council of Trade and Plantations to the Duke of
Whitehall. Newcastle. Encloses extract of a letter from Governor Mathew,
relating to an intended descent on the Virgin Islands from Porto
Rico. [C.O. 153, 16. p. 44.]
Oct. 8. 406. Council of Trade and Plantations to Governor Mathew.
Whitehall. Acknowledge receipt of several letters etc. from Oct. 1735 to
July 1736 ; also letters to Mr. Popple from Oct. 1735 to April 1736.
Continue : We have received from Barbados the same accounts
you have sent us concerning the encrease of the number of French
inhabitants at St. Lucia and having inclosed to his Grace the
Duke of Newcastle etc., such informations as we have received
upon this subject, with our opinion concerning the consequences
thereof, for H.M. directions, we have at present nothing to add
thereto, except that we desire you will continue to give us such
further intelligence as you may receive from time to time. We
have considered what you wrote in your letter of the 14th of
Novr., as also the clause in your Commission giving you power to
summon Assemblies, by virtue of which power, you say, you did
establish legislatures at Tortola, Spanish Town and Anguilla ;
but as you hav enot sent us any answer to that part of our letter
of the 13th Aug., 1735, relating to this affaire, we must defer
saying anything further to it, until we shall hear from you upon
this head, at which time we desire you will likewise inform us, of
the numbers, names and characters of those persons whom you
have appointed to be of the Council there, in what manner you
propose that the Assemblies in those Islands shall be chosen,
and of what numbers they shall consist, and as all Assemblymen
are by your Commission to be chosen by the freeholders, unless
H.M. shall please to dispence with it, we desire you will at the
300 COLONIAL PAPERS.
1730. [40(3]
same time inform us, whether any and what land is held by the
inhabitants of these islands, by what title they hold the same,
whether by grants from the Capt. General of the Leeward Islands,
or by any other tenure. You will in short, give us every other
information concerning these and all the Virgin Islands, which you
think may any way tend to the enabling us to lay this affaire
before H.M. for his directions thereon. In your letter of the
31st of May last you mention the desertion of several of the
inhabitants of the Leeward Islands from thence to Sta. Cruz,
upon the offers and encouragements of the Danish Govr. ; you
likew ise mention the information you have received from Tortola
and Spanish Town, that the Spaniards were fitting out from Porto
Rico and Hispaniola a force to drive the Danes from Sta. Cruz,
and to ravage and plunder Spanish Town and Tortola. We are
very much concernd at this intelligence and have sent an account
thereof to the Duke of Newcastle. Since the unhealthyness of
Sta. Cruz does not prevent H.M. subjects under your Government
going thither, we can only recommend it to you to use your best
endeavours to keep them at home, and we must likewise recom-
mend it to you, to be as much as possible upon your guard, on
account of the expedition from Porto Rico, or any other place to
molest or ravage the Virgin Islands. Upon this occasion, we
think you did very well to give Capt. Brand notice, who, we do not
doubt, would do his utmost for the protection of H.M. subjects
and Dominions, and wdth regard to such force, as you may at any
time be obliged to send to the Virgin Islands for their safety and
protection altho' we can give no directions for defraying the
expence thereof yet we shall not fail recommending the same to
H.M. whenever it shall happen. As to what you have wrote
concerning the murder of a man at Tortola, all that we can say
at present is, that in the year. 1725, Colo. Hart, who was then
Govr. of the Leeward Islands, sent us an account of one white
who was try'd and condemn'd at St. Xtophers for the murther of
a man at Spanish Town upon which he desired our directions ;
we referr'd this matter to the Attorney and Solicitor General, and
in Feby. 173| we sent a copy of their report upon that affaire
to Colo. Hart for his direction in that and any cases of the like
nature, altho we suppose that reports of so much weight and
consequence, are always registered in the Secretary's Office in
your Government, yet least that report should be mislaid, we
now inclose another copy thereof, for your guidance until H.M.
shall think fit to establish a form of Government in the Virgin
Islands. We have lately received from you three Acts, among
others, which appear to us of a very extraordinary nature and
importance, two passed at Antigua and Montserrat in April and
June last of the same tenure, and each entituled, an Act for
ascertaining the value of all gold and silver coins, passing in this
Island, and introducing English copper coin and the other at
Montserrat the 5th day of June, 1736, entituled an Act for the
more effectual preventing all trade in these parts between H.M.
subjects and the French. The two first of these Acts have a
suspending clause inserted in each of them to prevent their
AMERICA AND WEST INDIES.
301
1736. [406]
taking effect till confirm'd by H.M. according to your Instructions,
but we are very much surprized that you should have given your
assent to ye latter it being a manifest breach of yr. Instructions
to give yr. assent to any law of so extraordinary a nature and
which may be attended with such consequences without the said
clause. These laws being but lately come to our hands, we have
not yet fully considered them, but shall take a proper opportunity
of laying them before H.M. We observe what you have wrote
concerning Mr. Dunbar's supplying the two vacancies in the
Councils of Montserrat and Nevis occasioned by the deaths of
Mr. Frye and Mr. Abbot, and to the necessity you tell us you shall
be under of appointing a councillor in each of those Islands for
want of a sufficient number. As this necessity does not appear
to us from the lists of those Councils in our Office, we must desire
you will immediately send us over an account of the names and
number of the Councillors of each of the respective Islands under
your Government who are present thereon, as also of those who
are absent. And that you will at the same time inform us who
are absent upon leave, from whom they received such leave and
for what time they have leave of absence ; we desire you will
constantly send us this account together with the names of persons
proper to supply vacancies in the Council, which by the 9th
Article of your Instructions you are required to send to us from
time to time when any of the persons by you already recom-
mended shall dye, depart out of the said Islands or become other-
wise unfit, that a list of six persons fit to supply vacancies in each
island may be always compleat. PS. We have taken no notice
hitherto of what you wrote in your letter of the 17th June, 1734,
concerning the Spanish ship you mentioned to have been wreck'd
at Tortola, because no complaint has been made here of that
affaire. However we hope you take the best informations you
can get against such persons as were concerned in that affaire,
that they may be prosecuted for it, when a legislature shall be
established there, and with regard to the expression you have
us'd, vizt. a Spanish ship wreck'd, we imagine you mean, stranded,
because you inform us of the ill usage some of the passengers on
board met with from the inhabitants of Tortola. [C.O. 153, 16.
pp. 45-53.]
Oct. 12. 407. Mr. Popple to Mr. Fane. Encloses collection of Acts of
Whitehall. Montserrat, and requests his opinion in point of law upon six of
them. [C.O. 153, 16. ^.-53-55.]
Oct. 14. 408. President Clarke to the Duke of Newcastle. I beg
New York, leave to do myself the honor to inform your Grace that on the
12th instant the Assembly met according to my adjournment and
spent that day in debating the legality of my administration
without putting the Speaker in the Chair, I adjourned them to
yesterday, when they were to put the question whether or no
they should sit and act, it is thought, and some of them told me,
they should be able to carry the question for sitting ; however,
early in the morning before the House met, I had the honor to
302 COLONIAL PAPERS.
1736. [408]
receive H.M. additional Instruction dated the first of June direct-
ing the form of prayer for the Royal Family, I immediately
summoned the Council and in their presence opened it, and the
news being presently spread through the town most of the
Assembly came to me, to whom I shewed it, they expressed much
joy, went strait to the House, put the Speaker in the Chair, and
adjourned themselves to this day, when I sent for them as usual
and made my speech to them ; they appear to be very unanimous
and I hope a good effect from the Session which the Season of the
year will make very short : The universal gladnes that appeared
on my receiving that Instruction was as great as ever I knew it,
and I hope the spirit of faction is now intirely broke ; The
Corporation came all to me to-day with the Mayor whom I swore
as usual in their presence tho three only of their Aldermen are by
their Charter to attend him. The first day the Assembly met
they asked Morris if he knew of any orders or Instruction prepared
or preparing for me, he stood up and in a solemn manner
declared that he knew of none and believed I should have none ;
and tho we had an account from Boston soon after Morris's arrival
there, for he came that way, that he and his son had said that
Van Dam was not restored, nor he believed would be till a
Governor arrives, that in the meantime the Government properly
belonged to me, and that the son said he saw this very Instruction
made, or making out for me, and that he offered to bring it,
yet the son deny'd it in Zanger's Journal of the llth instant, and
said he believed that I should have no such orders nor any other
order relating to the Government. These confident declarations
of the father and son startled the Assembly, and confirmed the
disaffected people in their opinion that the administration of the
Government belonged to Van Dam who, its said, was resolved on
this day to swear the Mayor and other officers whom he had
appointed into their places, which might have been attended with
fatal consequences, for I must have maintained H.M. Royal
authority, and have protected and assisted his magistrates ; but
the Instruction came very opportunely to prevent evils and to
give the people who before favoured him a vile opinion of Morris.
Tho' it is much in my nature to act with gentlenes, and to forgive
private injuries, yet I think so many bold and daring insults on
H.M. Government, and some of them very near if not high
treason call for some severe notice : I pity Van Dam and heartily
wish he could be distinguished from the rest, for he is really
incapable of judging for himself, and has been wholly guided by
Alexander, Smith, Morris and his son ; I wish I could say that it
is not generally believed that Captain Morris has had as great a
hand in keeping up the spirit of faction as any man, but of that
I have no regular proof, Mrs. Cosby knows his behaviour very
well. It is believed that Alexander will apply in England for
H.M. pardon, but surely my Lord no man ever deserved it les,
'tis to him as much or more then to any one that all the past
sedition is owing. Van Dam has been only a tool in his hands,
and I presume to think is to be considered in this case as an idiot,
he is alredy severely punished in his purse for Morris, Alexander
AMERICA AND WEST INDIES. 303
1730. [408]
and Smith have undone him, he is an object of H.M. mercy and
I truly wish he had it, notwithstanding he would have shewn me
none had I been in his power ; for the others, they may be punished
and no man pity them, for even the mob who lately favourd them
for Van Dam's sake, would now for his sake too, see them fall
without regret. So sudden a turn as things have taken is easely
seen, every man rejoices or seenls to rejoice on the occasion, those
who two days ago cryed Hosanna to Morris, now cry crucify him :
I humbly beg your Grace that I may have orders how to proceed
against these deliquents, at present I am pleased with the happy
turn without appearing to have further views, lest too many should
be driven to despair, but when things are setled, and the memory
of them grown staler, I shall then be able without fear of new
disorders to execute whatever commands I receive. A gentleman
who is going to Boston waits for this, where I hope it will find a
conveyance, I therefore intreat your Grace's pardon for what-
ever faults my haste may have committed, etc. Signed, Geo.
Clarke. Holograph. 4 pp. Enclosed,
408. i. President Clarke's Speech to the Assembly, 14th Oct.,
1736. Abstract. As they have by the resolve of the
House engaged the public faith to make good the
deficiencies of the revenue, expects that, from their
well-known loyalty and duty to H.M., now cheerfully
and effectually provide for it. Shipping is carried on to
a large extent in the neighbouring Provinces and has
become a considerable part of their returns to Great
Britain, but has been much neglected in this Province.
Recommends it to their consideration, and the further
encouragement of hemp, for which Great Britain has long
extended her bounty, though they have not yet taken
hold of it. For the markets for their flour, the present
staple of the Province, are so much overdone by great
importation from this and other Northern Colonies,
that unless some manufactures be set on foot, that are
wanted in Great Britain, or do not interfere with theirs,
there will be no way to employ the people to their
advantage. Recommends provision for finishing the
fortifications. Fort Hunter is in a very ruinous condi-
tion, and hardly to be repaired at a less charge than
would build a new one. The principal end for which it
was built, to cover and encourage settlements in that
part of the Mohawks' country, is happily attained.
Continues : If a new Fort be built on the carrying place,
at the upper end of the Mohauks' country, and the
garrison of Fort Hunter be removed thither ; this will
cover the whole Mohauks' country, fix an easier com-
munication between all the frontier garrisons from
Albany to Oswego, be a safe repositary for the goods
that must be landed there, in passing to and from Oswego,
and be a sure protection to that trade and country at all
times ; a small sum of money will do the work. The
House at Oswego wants some present repairs, etc,
304
COLONIAL PAPERS,
1736. [408 i.]
Oct. 15.
Whitehall.
Oct. 15.
Edenton.
N. Carolina.
408.
The Commissioners for Indian affairs represent the
necessity of sending a smith and some other persons to
reside for a year in the Scrinakaa's country, with some
small presents, to secure the fidelity of that nation.
Hopes they will provide for this, and that their debates
will be guided by moderation etc. Printed. 2f pp.
ii. Copy of President Clarke's letter to the Council of
Trade and Plantations, Oct. 18. [C.O. 5, 1093. ff. 447-
450, 451, 451 v.]
409. Council of Trade and Plantations to Lt. Governor Gooch.
Acknowledge letters and enclosures etc. of 18th July, 5th and
26th Nov., 18th Dec., 1735, and 19th May, 1736. Continue : In
regard to the reasons you have offer'd (Dec. 18) in behalf of the
Act of 1723 to prevent free negroes and mulattoes voting in elections,
we shall let that Act ly by. We should have wrote to you before
now on the subject of Mr. Ball's proposal for curing tobacco etc.
(v. July 18, 1735), but that we waited to have some account from
you of the success of his experiment, according to your promiss :
But not having heard from you upon this head, we desire that in
your next letter you will give us some account of it : However
we can't help observing that Mr. Ball has misinform'd you, by
saying that he communicated his scheme for this purpose to our
Board by the means of Mr. Tomlinson, and that we had approved
thereof. We shall be glad to hear that the project commenc'd in
Virginia for making of wine does succeed. With regard to what
you have wrote, concerning the propos'd grants of land on the
westward of the great mountains of Virginia, we are of opinion
with you that they may be of advantage, and may prevent the
French extending their settlements on the Lakes, and as we cannot
foresee any objections to the granting of land there as proposed,
when the controverted bounds of Lord Fairfax's grant shall be
settled, we hope you'l give all possible dispatch thereto. We have
reconsiderd what you write in favour of the liberty of importing
salt directly from Portugal. But notwithstanding that it may
probably be of some advantage to Virginia, yet we apprehend it
may be very difficult, if not impracticable, to obtain that liberty.
PS. Since the writing of the above letter we have received yours
of the 12th Augt., and are very glad to find so good a correspon-
dence between you and the people, which we hope may continue.
[C.O. 5, 1366. pp. 136-139.]
41 0. Governor Johnston to the Council of Trade and Planta-
tions. It is now above a year since I had the honour to hear
from your Lordships except a few lines by Mr. Popple in December
last, concerning Mr. Litle's books. When I first appointed
Mr. Allen Receiver I ordered him to demand all the papers, relat-
ing to the Quittrents from Mr. Litle's executors, and then he
could get no more but three loose sheets of paper which gave no
manner of light into that affaire. If I could have procured
anything which would give the least information, I had certainly
transmitted it to your Board before this time. It is a very great
AMERICA AND WEST INDIES. 305
1736. [410]
loss to this Province that we have not the Attorney Genl.'s
opinion as to the validity of those pattents referred to him,
I must beg the favour of your Lordships to advise H.M. to
determine them speedily in such manner as you shall think most
proper, this long suspence keeps the whole country in great
confusion and I shall be heartily glad to see any issue to it, rather
than have it remain any longer undetermined. If your Lordships
should advise the King to allow of them all, it is only the loss of
five or six hundred pounds p. ami. to the Revenue, provided care
is taken that no new ones which may be kept in petts and have
never been recorded be trumpt up, for if that is not guarded
against, they may lay them on any bodie's land they please and
private property may suffer much by peoples' being robbed of
their improvements who have taken up land under H.M., as the
others had ; and perhaps still have the power of filling up the
date of their pattents, as shall best suit them. In order to setle
this whole affaire, to doe justice to H.M. and at the same time
shew favour to the possessors of these pattents (tho' I can't say
their behaviour deserves much) I will venture with submission
to propose the following expedient to your Lordships. Primo.
That as the most considerable frauds in lands, have been carried
on since the year 1724, that no pattents or titles proceeding that
year shall be called in question on any pretence whatsoever.
2nd. That all persons who hold lands by pattents since the year
1724 if they have built upon or cultivated the same shall have
them confirmed at the quittrents mentioned in their pattents,
provided such pattents were preceeded by regular surveys. If not
regularly survey'd, they may still have them at H.M. Quitt rents.
3rd. That no pattents for lands since 1724 which were never
cultivated or built upon, shall be deemed valid or good unless
they were preceeded by regular surveys. 4th. That all pattents
in the name of the Lords Proprs. since the soil became vested in
H.M. be declared void, but to such as have cultivated even under
these pattents a liberty be given to take up the lands at H.M.
Quittrents. This is the best that I can think of, but I once more
repeat my request to your Lordships to putt an end to this
controversie one way or other and I shall most chearfully doe
whatever you are pleased to direct. There is another thing in
this Province which occasions much debate and controversie
amongst the people viz. the payment of their Quittrents in
commodities. There is no law in the Province positively allowing
this, and the Lords Proprs. demanded payment in gold and
silver. But as they were very ill and negligently served by their
officers here (the bad effects of which we their successors still feel)
they took their rents in any commodities they pleased to give
them. The people are willing now to pay in the following
commodities and at the following prices. Tabacco at 85. 4d. p.
hund., rice at 10s. p.c., dear skins at 2s. Qd. p. li, hemp at 3d. and
flax at 4d. p. li. But then they propose payment at so many
different places that it would take more than one half to defray
the charge of collecting, besides the loss one would be at in
disposing of them in a country where the navigation is so indifferent
20 (1).
306 COLONIAL PAPERS.
1736. [410]
and the disputes might be occasioned about the goodness of the
of the commodities. What they realy want to be at is to pay
their rents in tobacco and rice at the prices above mentioned, but
as my Instructions are positive to receive the King's rents in
proclamation money only, I have always insisted on their passing
a law in conformity to them and after getting this proof of their
obedience then to address H.M. to allow payment in their com-
modities and this method I design to continue in until I receive
further orders from your Lordships. I have sent along with this
the original bills as read the first time in the Lower House for
payment of Quittrents and officers' fees. That your Lordships
may see what strange unaccountable notions are instilled into the
people by the late Lords proprs'. officers and the possessors of the
blank pattents, if ever your Lordships should be of opinion that
they may be permitted to pay in commodities, it would not be
amiss to reject both tobacco and rice, as these two products are
already so much overdone the one in Virginia and the other in
South Carolina, and if this large fertile country should run into
the same it might sink their price, already low enough, still more,
but to confine them to flax and hemp. The former at 30s. and
the later at 20s. p. hundd., which might produce this good effect
to sett them upon raising these two usefull materiels for the
Brittish manufacture, and these commodities ought to be
collected at the country's charge as tabacco is in Virginia and paid
in neat to the Receiver : it is true in this case we must have
sherrifs as they have in Virginia, for the Provost Marshall and his
deputies will never be able to do it. Indeed their are a thousand
inconveniences in this wide extended country for want of sheriffs,
and the people are strangely bent upon having them established
by a law, and in case they will give a consideration to the gentle-
man who enjoys at prest. the place of Provost Marshall and who
has behaved extreamly well, I should be glad to have your Lord-
ships' directions whether I might venture to give my assent to
such a law. One thing I am sure of, it is impracticable to goe
on as we are at present. There is another notion the same
possessors of blank pattents have carefully inculated upon the
people and which I cannot get the better of without a speedy
declaration of your Lordships' judgement upon it. My Instruc-
tions require the payment of Quittrents in Proclamation money
which I understand to relate only to the rents under the King of
4s. p. hund. acres ; but these gentlemen want to extend it to the
old rents of six pence, one shillg. and two shillings p. hundred
acres, which before H.M. purchase was always paid in sterling
money without the least dispute and accordingly for their own
lands, which as they have managed matters are almost all at
sixpence or one shilling p. hundd. They offered fourpence
halfpenny and ninepence to the Receiver but I did not care for
sinking of H.M. Revenue upon what appeared to me so far
fetched an inference and so oblidged them to pay sterling as
formerly. I hope I shall soon hear from your Lordships on this
head also. There is a practice of long standing in this country,
which has been of immence prejudice to the Revenue of the Lords
AMERICA AND WEST INDIES. 307
1736. [410]
Proprs. formerly, and of the Crown now, that is the boxing of
pine trees for turpentine and burning the light wood for pitch and
tarr, without ever taking out pattents or paying Quittrents for
the lands, which has entirely prevented their being taken up by
any person, they being generaly of litle value for any other
purposes, and by this means in many parts of the country the
lands are waste and not a house to be seen in travelling a great
many miles togither. A few months after my arrival I published
a Proclamation with the advice and consent of Council, offering
a reward of 20 currency to any person who would discover such
practices, so that they might be prosecuted in the Court of
Exchequer. This has very much disoblidged those who used to
make great gains by such means. I cannot forbear observing
here, my Lords, that my condition has been very hard since I came
here, purely because I have been so assiduous in taking care of the
interest and rights of the Crown, which is a very new thing in this
country. In the time of the Lords Proprs. their officers collected
the rents in a very incorrect, slovenly manner and what they did
collect was generaly sunk among themselves. My predecessor
under the King never once attempted to collect H.M. Quittrents,
or gave himself the least trouble about any part of the Revenue,
as far as I can learn. Besides, he gave several persons here a
coppy of all even his most private instructions, which has sett
them (supposing mine to be the same) a cavilling and making
strange inferences on every one of them, and as if all this was not
enough, he has by several letters to people here boasted of many
audiences at your Lordships' Board, that both H.M. and your
Lordps. entirely disaprove of my calling any fraudulent pattents
into question, of collecting the quitt rents in the manner I have
done and in short of every step I have taken, and he neglected, for
H.M. service, intreating them to send over complaints and all the
scandalous stories they can pick up against me and he would
speedily do my busieness and gett them another Governor who
will suffer things to go on in the old way ; as those letters have been
read in the feilds of election and other publick places, it is natural
to belive that in persons who were never brought into any order
before, they must produce bad effects and make them highly
insolent. I am sure I have found it very difficult to carry 011
busieness upon the account of these confident assertions that my
conduct is entirely condemned by your Lordships. I am very
sensible how unjustly he has charged your Board by such sugges-
tions as these. But still I must entreat that your Lordships would
be so good as by the first opportunity to acquaint me with any-
thing which you may think amiss in my conduct, and to favour
me with a hearty approbation in what you shall judge I have done
according to my duty and Instructions and assurances of being
supported in it, that I may have something to shew against my
predecessor's assertions. It has been a great impediment to
H.M. service, that I have not had something of this nature before,
for your Lordships' declaring in such strong terms in favour of a
Court of Exchequer has quite silenced all the clamours Mr.
Burringtpn's freinds made on that subject. Besides my Lords
308 COLONIAL PAPERS.
1730. [410]
I am realy very diffident of my own judgement in any matters of
consequence until I find it confirmed by yours, upon which I
always have and Mail depend. The Receiver has collected of the
arrears of H.M. Quittrents since 1729 above 4,200 sterling, which
is more than ever was collected in this country, but my
predecessor's correspondents (who are highly blamed by him for
their tameness in paying the arrears) are by his encouragement
making strong parties to oppose the next collection, tho' by your
Lordships' speedy answer I make no doubt I shall soon get the
better of them. The accounts are sent to the Lords of the
Treasury by the Receiver. I sent your Lordships the only copies
of our laws I could procure last December, with such remarks as
my bad state of health would then permitt me to make. I did
venture at that time to desire you to advise H.M. to repeal as soon
as possible the Biennial Law and to order that no precinct should
on any pretence whatsoever be represented by more than two
members and to discharge me from consenting to errect any new
precinct w[ithout] H.M. permission. I am still confirmed in my
opinion [in] this matter and I am satisfied we shall never have a
reasonable Assembly while this Act subsists. I have by this
conveyance sent an attested copy of the said Biennial Law and
shall only observe : 1st. That it is highly unreasonable that any
Assembly should presume to meet without H.M. writt, and
therefore I dissolved them when they mett last. 2nd. The six
precincts in the County of Albemarle have in each five members
making thirty, and the number of people in it is I am sure not
fifteen thousand, which is by much too large a representative.
3rd. The whole Lower House by this means consists of fourty-six
and it is impossible to pick out in the whole Province so many
fitt to do busieness. 4th. The greatest objection is that there
must be a new election every two years, which is too short a time
to setle a country which has been so long in confusion, and men of
sense who sincerely mean the publick good are so much afraid of
the next elections that they are oblidged to go in with the
majority whose ignorance and want of education makes them
obstruct everything for the good of the country even so much as
the building of churches, or erecting of schools, or endeavouring
to maintain a direct trade to Great Brittain. If your Lordships
approve of this, I beg no time may be lost, but I may have this
repealed by the way of Virginia and South Carolina by June next
at farthest, and the Governors of these provinces may have orders
to forward it. This one thing would contribute to the quiet and
setlement of this country more than I am able to express.
Inclosed I send your Lordships an estimate of the charges in
running the line between this Province and South Carolina.
I must do the gentlemen concerned the justice to say, that they
performed their busieness with great dilligence and exactness,
that they endured very great fatigues and were at great expences.
Before they finish this affaire, they want to be directed by your
Lordships where to apply for payment whether to H.M. or to the
Assembly here. I have according to your orders sent a state
of the currency of this Province, etc. Signed, Gab. Johnston.
Endorsed, Reed. 16th, Read 17th Dec., 1736. 7 pp. Enclosed,
AMERICA AND WEST INDIES.
309
Oct. 18.
New York.
1736.
410. i. State of the currency of N. Carolina. Analysis of Acts
for issuing paper bills since 1722-1734. Amount now
circulating. 52,500. Endorsed as preceding . 2^ pp.
410. ii. Copy of Biennial Act of N. Carolina. Same endorse-
ment. 4 pp.
410 iii. Bill for providing H.M. a rent roll for secureing H.M.
qt. rents for the remission of arrears of quit rents and for
quiateing the Inhabitants in their possessions and for
the better settlement for H.M. Province of North
Carolina. Read the first time and passed in Assembly,
9th Oct., 1736. Read in the Upper House the first time
and rejected, llth Oct. Same endorsement. 17^ pp.
410. iv. Act for ascertaining and regulating publick officers'
fees and offices. Oct. 1736. Same endorsement. IQpp.
[C.O. 5, 295. ff. (with abstract) 39-58, 59, 60 v., 62-70 v.,
71 v.]
41 1 . President Clarke to the Council of Trade and Plantations.
It is with pleasure not to be expressed that I do myself the honour
to inform your Lordships that when Morris and his son, Smith and
Alexander had wrought the people up to a pitch of rebellion, and
they were the next day determined to commit some open act,
I had the honour on the 13th instant to receive H.M. Instruction
directed to me ordering the Form of Prayer for the Royal Familly ;
I immediately summoned the Council and opened it in their
presence and communicated it to them ; the members of the
Assembly were then going to meet to determine whether or no
they would sit, but hearing of the Instruction most of them came
to me to whom I shewed it, they went strait to their house put the
Speaker in the Chair and adjourned to the next day when I sent
to them and spoke to them as your Lordships may be pleased to
see in the inclosed, telling them after I had made my speech that
the Council were to sit by themselves without me. So sudden a
turn and so universal a joy upon the signification of the Instruc-
tion are rarely heard of ; the common cry now runs against Morris
cheifly, and against those others that I named every one pitys
Van Dam and so do I too, he has been misled by them who took
hold of his weakness, and I hope whatever orders are sent about
the others he will be favourably dealt with. The Assembly have
but a short time to sit because of the approaching winter, the tenth
of November being the latest day that sloops venture up the
river, what they will be able to do in that time I can't tell, they
are in very good temper. I am perfectly easy in my administra-
tion and make no doubt if H.M. will be graciously pleased to
continue me in it for a time, I shall be able to put the province in
a more flourishing condition then it has hitherto known, etc.
Signed, Geo. Clarke. Hoi. 2 pp. See end. ii in Clarke to
Newcastle, 14 October, 1736. [C.O. 5, 1058. ff. 157, 157 v. Copy
in 5, 1093. ff. 451, 451 v., 452 v.]
Oct. 21 . 41 2. Council of Trade and Plantations to the Queen, Guardian
Wliitohal . of the Realm etc. Proposes for Council of Montserrat John
310
COLONIAL PAPERS.
1730. [412]
Roynon and Randal Fenton, in the room of Anthony Hodges and
John Roberts, who have been residing in England for some years,
and Governor Mathew having represented to the Board the
difficulty he is under to get a Quorum etc. [C.O. 153, 16. p. 55.]
Oct. 21. 413. Petition of Samuel Graves of Kingstown, N.H., to
Portsmo. Lt. Gov. Dunbar. Abstract. Eight years ago petitioner settled
a grant of land which he had from the town of Kingstown. Some
persons under pretence of a grant of the same land from the town
of Haverill in the County of Essex in the Massachusetts Bay,
commenced suits against him in the Courts of the County of
Essex. Petitioner pleaded that they had no jurisdiction, for the
land lay above 15 miles north of Merrymack River, but he was
cast imprisoned. In 1734 a judgment was obtained against him
at the suit of some Haverill men, but was stayed by advice or
order of Governor Belcher until such time as the lines might be
settled. But in Sept. last the Sherrif of Essex County and 13
Haverill men seized deponent upon an execution granted out of
that Superior Court concerning the said lands saying that the
Governor had taken off above order, for that the lines wd. never
be settled etc. Petitioner being poor and aged prays H.E. to lay
his case before the Council of Trade etc. Signed, Samuel Graves.
Endorsed, Reed, (from Mr. Paris), 23rd Dec., 1736, Read 13th
Jan., 173f. If pp. Enclosed,
413. i. Deposition of Samuel Graves. Oct. 21, 1736. Confirms
above statement on oath. Signed and dated as preceding.
Subscribed.
413. ii. Certificate by Lt. Gov. Dunbar, Oct. 22, 1736 ; com-
mending above petition to the Board. Petitioner's
house is more than ten miles from any part of Merri-
mack River. Several inhabitants at Londonderry at
ye like distance from ye river apprehend ye same treat-
ment, and were determined to resist at all costs. Signed,
David Dunbar. Same endorsement. 1 p. [C.O. 5, 879.
ff. 90-91 t;.]
Oct. 22. 414. Mr. Popple to Mr. Fane. Encloses, for his opinion in
Whitehall, point of law, 9 Acts of N. Carolina, 1734, 1735. [C.O. 5, 323.
ff.
Oct. 22.
Whitehall.
415. Mr. Popple to President Hamilton. My Lords Com-
missrs. for Trade and Plantations command me to acknowledge
the receipt of your letter of the 8th of April last, acquainting them
of the death of Mr. Anderson late President of the Council and
Commander in Chief of New Jersey, since the death of Colo.
Cosby and to acquaint you that their Lordships do not doubt, but
you will use your utmost endeavours for H.M. service and the
peace of the Province. Their Lordships upon reading your state
of the Council of New Jersey, are surprized to find you mention but
five Councillors present in ye Province, because in August 1735
their Lordships recommended to H.M. John Schuyler, Thomas
Farmer, John Rodman, Richd. Smith, Robert Lettice Hooper,
AMERICA AND WEST INDIES.
311
17 3(5. [415]
and Joseph Warril, Esqr. to supply the places of Messrs Baird,
Johnson, Parker, Smith, Morris and Alexander. If these gentle-
men whom my Lords have been pleased to recommend to H.M.
for Councillors in New Jersey will not take the proper care to get
their warrants for that purpose pass'd thro' the several offices,
my Lords will think themselves obliged to recommend some others
to H.M. least the Council should so far be reduced as not to be
able to make a Quorum to transact the business of the Province.
You will therefore please to inform them thereof etc. [C.O. 5, 996.
pp. 392, 393.]
Oct. 22. 416. Mr. Popple to Mr. Oglethorpe. Encloses copy of Monsr.
Whitehall. Geraldino's memorial, and desires that he will send an answer as
soon as conveniently may be. Continues : I am likewise to
desire you will inform yourself, whether the English have at any
time, before the establishment of the fort on the Alatamaha River,
called King George Fort, made any settlements to the southward
of that river ? If any how far ? What nations of Indians are in
possession of land between that river and St. Juans ? If any,
from what time they have been so ; and whether they have ever
acknowledg'd any dependence on the Crown of Spain ? And how
long they have own'd their dependence on the Crown of Great
Britain ? You will likewise please to inform yourself, whether
the Spaniards ever had any settlements to the northward of St.
Juans, or even anywhere in Florida except at St. Augustine.
[C.O. 5, 401. pp. 182, 183.]
Oct. 22. 41 7. Mr. Chaloner to the Council of Trade and Plantations.
Refers to his petition of 7th Oct. Has since obtained depositions
in confirmation of facts alleged therein from Florentius Cox and
John Yerwith, late inhabitants of Providence (v. Oct. 28th).
As they are obliged forthwith to sail for S. Carolina, he prays
that they may be examined before the Board before their departure
etc. No confirmatory depositions can be obtained from the
inhabitants still on the island owing to their fear of the Governor
etc. Signed, Chaloner Jackson. Endorsed, Reed. Read 22nd Oct.,
1736. 2pp. [C.O. 23, 3. ff. 166, 166 v., 169 v.}
Oct. 22. 41 8. Mr. Popple to Lt. Governor Ogle. Acknowledges letter
Whitehall. o f 7th April with enclosures. Concludes : But as your letter was
not received in this Office till the 19th of August last, the account
therein inclos'd was of no service to their Lordps. in the framing
their Representation to the House of Lords, for which purpose it
was desired. [C.O. 5, 1294. p. 96.]
Oct. 22. 419. Same to Governor Talcott. Acknowledges letter of
Whitehall. 28th Oct., 1735, with enclosures, not received till 12th April, 1736.
Concludes as preceding. [C.O. 5, 1294. p. 97.]
Oct. 22. 420. Same to Governor Wanton. Acknowledges letter of
Whitehall. i s t Dec., 1735, received 4th Feb. Concludes as preceding. [C.O. 5,
1294. pp. 97, 98.]
312
COLONIAL TAPERS.
173.
Oct. 22.
Whitehall.
421. Council of Trade and Plantations to the Duke of
Newcastle. Reply to 3rd July and 27th Sept. concerning Spanish
complaints against inhabitants of Georgia for having extended
their settlements into the bounds of Florida. Continue : As all
those papers relate chiefly to the true southern bounds of H.M.
Province of S. Carolina, we take leave to send your Grace inclos'd
an extract of our Representation of 20th June, 1728, by which
H.M. undoubted right to the lands in those parts will appear.
However, lest it should be thought necessary to produce any
further proofs etc. to support H.M. title, we have wrote to the
Commander in Chief of S. Carolina, and desire he will procure
from the oldest inhabitants of the Province the best information
he can get, and when we shall receive the same, we will, if necessary
lay them before your Grace ; We have also sent a copy of Monsr.
Geraldino's memorial to Mr. Oglethorpe for his immediate
answer etc. In the meantime, we cannot forbear taking notice to
your Grace, of that part of Monsr. Geraldino's memorial wherein
he says " Apres quoy les memes inhabitants de la Georgia,
avoient batty une fortresse sur les territoires de la domination de
la Florida, a vingt cinq lieues au nord de la place de St. Augustine,
a 1'entree de la riviere de St. Simon, dans laquelle ils avoient suis
garrison pour la soutenir ; nonobstant que dans le terns passe,
les habitants de la Caroline qui avoient batty urie fortresse dans le
meme endroit vont fait abattre par ordre dela Cour d'Angleterre,
a la requisition de celle d'Espagne." But Monsr. Geraldino must
have been very much misinformed of the state of this case, for
Captain Massey who commanded that Fort, finding the place
whereon it was erected an unwholesome situation, left the same
for that reason only, having obtain'd leave for that purpose from
the Council and Assembly there. But as this was done without
any directions from England we did in our Representation to H.M.
of 1st Dec., 1727, propose to H.M. that orders should be sent
without loss of time for resuming possession of that fort etc. By
which it will appear, that this fort was neither quitted by any
order from hence, nor on the application of the Crown of Spain.
Your Grace will please to observe that Monsr. Geraldino and we
have quoted the Treaty of Madrid in 1670, and this same Article
but for very different purposes, for he mentions a description of
Florida as settled by that Article : whereas upon perusing that
Article we find no such description ; but whatever lands ye
subjects of the Crown of England were in possession of at that
time, in America, are thereby confirmed to them for ever.
Autograph signatures. 2| pp. Enclosed,
421. i. Extract for Representations. Dec. 1, 1727 and June 20,
1728. v. C.S.P. under dates. [C.O. 5, 383. ff. 47-48,
49-50 v., 52-53 v. ; and (without enclosures) 5, 401.
ff. 176-179.]
Oct. 22. 422. Council of Trade and Plantations to Lt. Governor
Whitehall. Broughton. There being some matters at present under our
consideration, relating to the southern bounds of Carolina, we
desire you will procure, and transmit to us by the first opportunity,
AMERICA AND WEST INDIES. 313
1736. [422]
the best informations you can get concerning the same ; particu-
larly whether any settlements have ever been made by the
English to the southward of the Alatamaha River, and if any how
far, as likewise whether the Indians, between that river and St.
Juans, do not own an allegiance to the Crown of Great Britain.
We likewise desire you will inform yourself whether the Spaniards
had ever any settlement to the northward of St. Juans river, or
even any part of Florida but at St. Augustine, as these enquiries
may be of consequence to H.M. interest in the Province of South
Carolina. We make no doubt but you will use your uttmost
dilligence therein and send us an answer thereto as soon as
possible etc. Acknowledge letter of 2nd Feb. Continue : But as
we did not receive the same till the latter end of April, it came too
late to be inserted in the Representation which we made to the
House of Lords etc. PS. The foregoing enquiries take their
rise from a memorial by Monsr. Geraldino etc. Enclose copy for
his remarks thereupon. [(7.0. 5, 401. ff. 180, 181.]
[Oct. 25.] 423. Petition of W r illiam Shirley, H.M. Advocate General in
New England, to the Council of Trade and Plantations. Prays
that a salary may be attached to his office, payable to the Treasurer
of the Navy, as in the case of the Surveyor General of the Woods.
Petitioner after practising the law in England and New England
for many years, accepted this post upon the earnest entreaties of
the Governor, 26th Sept., 1733, under the Seal of the High Court
of Admiralty. It requires constant, expensive and laborious
attendance, owing to the great extent of country and there being
no Attorney General in most of the Provinces, or only such as is
chosen by the people. The whole weight of prosecutions in the
Customs, therefore, lies on petitioner, and especially the seizures
and prosecutions of loggers, in regard to which the country in
general make a common cause against the Crown. He has not
one shilling of fixed salary, nor yet of fees, etc. Signed, Fra.
Shirley, for the Memorialist. Endorsed, Reed, (from Mr. Paris)
25th Oct., Read llth Nov., 1736. 1 p. [C.O. 5, 879. ff. 74,
75 v.]
Oct. 25. 424. President Hamilton to the Duke of Newcastle. Refers to
Amboy. letter of 8th April. Continues : On the 14th of this month
I reed, a letter from Col. Lewis Morris dated at New York telling
me he intended to come to Amboy and take upon him the
Goverment of this Province by virtue of H.M. Commission and
Instructions to the late Governor and desired me to summon a
Council in order to his being sworn. A Council mett the 20th
instant, and I sent to tell Mr. Morris the Council were sitting and
ready to hear what he had to offerr. Accordingly he came and,
after the Council had heard his reasons for demanding the Gover-
ment, they were of opinion he had no right therto etc. Refers to
Minutes of Council enclosed. Continues : I humbly hope your
Grace will approve of our proceedings and lay them before H.M.
that I may have his royall pleasure signified to me which will
imediatly put an end to any disturbances may happen here
3i4 COLONIAL TAPERS.
1736. [424]
through Col. Morris's means. Your Grace must know his charac-
ter from the great opposition he made to the late worthy Governor
Coll. Cosby both here and at home, and his behaviour in New
York since his return thither from England etc. determined the
Council to declare his place amongst them void. I once more begg
leave to represent to your Grace the great inconveniency this
Province lyes under for want of a sufficient number of Councellors,
there are only the four that signs the report can meet and those
live att so great a distance from each others that lett the emergency
be ever so great it is impossible to gett them together in less then
eight and forty hours. Mr. Alexander, one of the present Councel-
lors, lives intirely att New York and it is above thirty years since
Coll. Morris removed with his family out of this Province,, and
with all due submission I should think no gentleman qualified for
that honor that did not only reside in the Province but has
likewise an estate in it. The late Governor to fill up the number
seven that could attend admitted Thomas Harman, Esq., and
recommended John Seyler, John Rodman, Richard Smith and
Robert Lettice Hooper, Esq., gentleman of reputation and intrest.
I humbly beg your Grace's pardon for this tedious letter and am
witli the most profound veneration, May it please your Grace,
your Grace's most devoted, and most obedient servant, Signed,
John Hamilton. 3 pp. Enclosed,
424. i. Minutes of Council of New Hampshire 16th March
21st Oct., 1736. IQ^ pp. [C.O. 5, 983. ff. 37-45, 71,
72.]
Oct. 25. 425. Lewis Morris to the Duke of Newcastle. Complains of
Perth, the " treasonable opposition " of the Council of New Jersey in
Amboy. refusing to deliver up the seals of Government to him as eldest
Councillor. If Col. Hamilton persists in retaining them, he will
be obliged to use force to compel him. He took his appointment as
Chief Justice of New York as H.M. sufficient declaration of H.M.
leave to be absent from New Jersey, and his subsequent visit to
England to defend himself when removed by Governor Cosby
was with H.M. leave etc. Intends shortly to publish enclosed
proclamation etc. Set out, N.J. Archives, 1st Ser. V. 455. Signed,
Lewis Morris. Endorsed, R. Jan. 27. 5 closely written pp.
Enclosed,
425. i. Proclamation by Lewis Morris, President of the Council
of New Jersey. 25th Oct., 1736. Ordering observance
of H.M. Additional Instruction upon Order in Council
of 29th April, as to the form of prayers for the Royal
Family, the Instruction being signed by Queen Caroline
1st June and addressed to himself as President of the
Council of New Jersey. Set out, N.J. Archives, 1st. Ser.
V. 464. Copy. 2 pp.
425. ii. Minutes of Council of New Jersey. Oct. 20, 1736.
The Honble. Lewis Morris made a demand of the
Administration by virtue of H.M. Commission to the
late Governor and the royal instruction to himself
(/:. preceding), tendering a copy thereof and demanding
AMERICA AND WEST INDIES. 31.-,
1 736. [425 ii.]
that it be entered in the Minutes. The President (Col.
Hamilton) asked for the original. Morris offered to
shew it to them, upon their word of honour to restore it,
which they refused to give, conceiving it a public
instruction and belonging to the Government. Morris
answered that it was an instruction to himself, with
which they had nothing to do etc. Copy. Signed, Lawr.
Smyth, Cl. Con. 1 pp.
425. iii. Report of the Council of New Jersey to President
Hamilton on Mr. Morris's demand (v. encl. ii). Oct. 21,
1736. Quote H.M. Instructions to Governor Cosby, that
the eldest Councillor, " who shall be at the time of your
death or absence residing within Our said Province shall
take upon him the administration " etc. Continue :
From which we think it is very clear and plaine that the
administration is legally vested in your Honour etc.
Col. Morris's return from England cannot entitle him to
the Government, the clause above mentioned being a
bar against any such pretention and the Instruction of
3rd May, 1707, directing that " the eldest Councillor
. . . who shall be at that time of your death or absence
residing within our said Province of New Jersey shall
take upon him the administration of the Government
etc. Col. Morris was in England and had been there
more than twelve months before the death of either the
late Governour or Presedent, and did absent himself from
this Province for near two years without leave from the
then Governor under his hand and seal or any otherwise
that we could ever hear or learn, and therefore we are
of opinion that by H.M. Instruction No. 10 his place in
the Council is become void etc. Signed, John Reading,
Cornelius Vanhorn, William Provoost, Thos. Farmer.
Copy. If pp. [C.O. 5, 983. jfjf. 47-49, 50 V.-53 v. ;
and (duplicates, dated Oct. 22, altered to 25, and endorsed,
R. Jan. 24th), 62-63 v., 65-68, 69, 69 v.]
Oct. 26. 426. Order of Committee of Privy Council for Plantation
Whitehall. Affairs. Agreeing with the representation of the Council of Tfade
and Plantations, 1st April, that the five eldest Councillors in the
Provinces of New York, New Jersey, Nova Scotia and Rhode
Island be appointed Commissioners for settling the boundarys
between the Massachusets Bay and New Hampshire, and ordering,
after hearing counsel on petitions by the Agents of the two
Provinces relating to the persons so nominated, that the five
eldest Councillors named be so appointed, except Major Mascarine,
who appeared to the Committee to be a person interested in the
province of Massachusets Bay etc. The Lords Commissioners for
Trade are to prepare directions for them, and for preventing
unnecessary delays, to consider of a proper time to be fixt before
which the said Commissioners should be directed to hold their
first meeting, and also of the most convenient place for such their
meeting etc. Signed, \\ . Sharpc. Endorsed, Reed. 28th Oct.,
310
COLONIAL PAPERS.
[426]
Read
85 v.]
16th Nov., 173G. 1| pp. [C.O. 5, 870. ff. 82, 82 v.,
Oct. 27.
Whitehall.
Oct. 27.
Whitehall.
Oct. 28.
Whitehall,
Oct. 28.
Oct. 30.
427. Mr. Popple to Sir W. Yonge. Encloses extracts from
Governor Fitzwilliam's letters 8th and 20th March, giving an
account of the ruinous conditions of the fortifications etc. [C.O.
24, 1. p. 310.]
428. Same to Mr. Burchett. Encloses extract from Governor
Fitzwilliam's letter, March 20th, relating to the station ship and
Admiralty instructions. [C.O. 24, 1. pp. 310, 311.]
429. Same to Mr. Fane. Encloses copy of Mr. Coope's
letter and translation of the French Edict of 1727, that he may
consider thereof, with the Act of Montserrat submitted for his
report. [C.O. 153, 16. p. 56.]
430. Petition of Mr. Jackson to the Council of Trade and
Plantations. Submits deposition by Capt. Vittery and prays that
he may be examined this day with other witnesses (v. Oct. 22).
Signed, Chaloner Jackson. Endorsed, Reed., Read Oct. 28, 1736.
| p. Enclosed,
430. i. Deposition of Florentius Cox, 21st Oct., 1736, in support
of Mr. Jackson's petition of Oct. 7th. Signed, Florentius
Cox. Endorsed as covering letter. 6| pp.
430. ii. Deposition of John Yerworth, 21st Oct., 1736, in
support of same. Signed, John Yerworth. Same
endorsement. 7^ pp.
430. iii. Deposition of Capt. Vittery, 28th Oct., 1736, in
support of same. Signed, William Vittery. Same
endorsement. 3 pp. [C.O. 23, 3. ff. 189, 190-193 v.,
194 v., 196-199 v., 200 V.-202 v.]
431 . Mr. Fane to the Council of Trade and Plantations. Has
been attended by Mr. Henry Popple and Mr. Coope in support of
Act of Montserrat for the more effectual preventing all trade in those
parts between H.M. subjects and the French, and reports : The
intention of this Act is to explain and amend some articles of the
Treaty of Peace and Neutrality of 1686. It appears by the
preamble to this Act that the motive and foundation of it was an
Edict made by the French King in 1737, whereby it is declared in
construction of the Treaty of 1686, as it is pretended, that all
forreign vessells sailing within a league of the shores of any
French settlements in the West Indies should be seized and
confiscated without any proof of having traded. This edict, as
the gentlemen who attended me informed me, had been com-
plained off in a memorial presented by the direction of the
Governr. of the Leeward Islands to one of H.M. Secretaries of
State in Feb. 1735, and desiring H.M. demands and directions
upon so extraordinary an Edict. But I don't find that any
directions were signified upon it etc. By this Act, this Treaty of
Neutrality is not explained in so severe a manner etc. as it is by the
AMERICA AND WEST INDIES. 317
1730. [431]
French Edict. For by the words of ye Act, as I apprehend, no
French vessell is liable to be condemned, unless there is some proof
of her having traded, or having on board wares, merchandizes
&c. of the growth and produce of H.M. Colonies (indeed the onus
probandi is to lye upon the Frenchman) and therefore the sailing
within a league of any of H.M. Settlements will not be a sufficient
reason of itself for a condemnation. But in what manner they are
pleased to construe this clause in Montserrat have not appeared
to me in the consideration of this matter. This being the general
state of the case, I beg leave to say, let the explanation of the
Treaty of Neutrality by the Island of Montserrat be ever so
expedient or just : yet I think it was not very prudent in a
Legislature in so inconsiderable a part of H.M. Dominions to
take upon themselves to do that, which I apprehend to be the
sole Prerogative of the Crown. It was never denied but that the
King had a sole power of making warr and peace, and consequently
every attempt to infringe upon this power is an encroachment
upon His Prerogative. This I take to be such an attempt in a
great degree, and tho the policy of it might be right and
expedient, yet the manner of doing it, is so new, that I think it
ought to receive in this first instance the highest discountenance.
I don't observe tho' this may be called an Act of an extraordinary
nature that there is a clause in it suspending its execution till
H.M. pleasure was known upon it. Such a clause in my opinion
would have been very proper considering the nature of the Act,
and also the Memorial which had been presented by order of the
Governr. of the Leeward Islands to the Secretary of State, to
which he had receiv'd no answer. I observe also that in the
application of the penalties and forfeitures of this Act the usual
methods of applying them have not been pursued. And I also
observe there is a clause at the end of this Act, that the expence
of prosecuting any offence against this Act shall be paid in the
first place out of the shares and parts of the penalty s and forfeitures
given to H.M. This appears to me to be an unusual regulation
and I beleive there cannot be produced two instances either here
or in the Plantations where the same has been done. I think it
unreasonable as well as a demonstration how little the interest of
His Majesty is regarded in this Island. Signed, Fran. Fane.
Endorsed, Reed. 1st, Read 3rd Nov., 1736. 2f pp. [C.O. 152,
22. ff. 153-154 v.]
Nov. 1. 432. Deposition of William Smith of the Bahama Islands,
Clerk, but now in London. Believes that Governor Fitzwilliam
soon after his arrival purchased a parcel of sheep, and that the
master of the vessel who sold them to him complained that he
could not dispose of the remainder, because he had given the
preference to the Governor. But deponent has never heard that
the Governor has since bought any live cattle imported from
foreign parts, except six sheep which were a remnant that lay
on the importer's hands. There is no regular market at Provi-
dence, and every one who kills beef or mutton there disposes of
what he cannot consume, the weather being so excessive hot that
318 COLONIAL PAPERS.
1736. [432]
meat will seldom keep a second day. Deponent never heard of
the Governor's having any share in any trading vessel. The
woollen goods mentioned (Oct. 7th) were carried in the Faulcon-
brigg, Wm. Clough commander, which touched at no port
between London and the Bahamas. Capt. Clough gave cockets
to Mr. Jackson who did not seize the said woollens till a year
afterwards, Capt. Clough was then gone from the islands, but on
his return made oath that he had delivered a cocquet for them.
Does not believe John Keowin was ever the servant of the
Governor, than whom there never was a Governor more generally
beloved. Mrs. Jackson for some months before her death was
daily supplied by the Governor with all necessaries which his
house could afford, and on her death he took her son to his house,
and fed and clothed him, and seemed to deponent to be really
fond of the boy etc. Signed, Wm. Smith. Endorsed, Reed.
Read 2nd Nov., 1736. 3pp. [(7.0.23,3. ff. 207-208 v.]
[Nov. 2.] 433. Wavell Smith to Mr. Popple. Is ready to prove his
case whenever the Board directs him to attend them. Hopes
they will report soon, as till this matter is determined, he is out of
a great deal of money etc. Signed, Wavl. Smith. Endorsed,
Reed., Read 2nd Nov., 1736. 1 p. [C.O. 152, 22. ff. 133,
136t\]
[Nov. 2.] 434. Petition of Henry Popple, in behalf of Governor
Fitzwilliam, to the Council of Trade and Plantations. In reply
to Mr. Jackson's charges, Oct. 7th, encloses following, and
requests copies of depositions read at the Board, Oct. 28th, in
order to enable the Governor to send answers to these aspersions
etc. Endorsed, Reed., Read 2nd Nov., 1736. 1 p. Enclosed,
434. i. Deposition of Richard Rowland. Nassau. 8th Nov.,
1735. Abstract. Having been informed that it has been
insinuated that he was removed from his office of Chief
Justice, because he would not be directed in his judgment
in Court by Governor Fitzwilliam, declares that he never
endeavoured to bias him or any Judge or jury in any
cause, and does not know any man who has wrongfully
suffered by his means. Signed, Richd. Rowland.
Copy, f P-
434. ii. Address of the Grand Jury of the Bahama Islands to
Governor Fitzwilliam. Being informed that some base
and evil-disposed persons have privately handed about,
first at Carolina, and then in London, a paper called
The grievance or complaint of the inhabitants of the
Bahama Islands against your Excellency, which could
be done with no other intention than to defame you,
and break that happy union subsisting between your
Excellency and H.M. good subjects of this island, in
order to gratifie some private resentment etc., we etc.
declare that we are so far from being concerned in any
kind of 
