Full text of "Colonial Records. Calendar of State Papers, Colonial"

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CGLGNIM.

CALENDAR OF

STATE PAPERS

COLONIAL SERIES

AMERICA AND WEST INDIES

Preserved in the Public Record Office

VOL. XLV

1739

EDITED BY

K. G. DAVIES

LONDON : HMSO

Applications for reproduction should be made to HMSO

ISBN 11 440258 2

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CONTENTS

PAGE

INTRODUCTION v

LIST OF RECORDS USED IN THE PREPARATION OF THIS VOLUME . . xv

CALENDAR i

APPENDICES 274

GENERAL INDEX 289

INTRODUCTION

This volume contains 545 principal abstracts and a further 271 enclosures to
correspondence: 816 documents in all compared to 796 in the volume for 1738. The
increase, which is in enclosures rather than principal items, owes little to the declaration
of war upon Spain on 19 October 1739. Such impact as the war made in the remainder of
the year is to be found chiefly in London. Not all colonies received official notification of
hostilities before the end of the year. Little war news was reported from the Caribbean,
though Governor Trelawny picked up a few scraps of information (no 480). Suspecting
that war might be imminent some colonial governors filed fresh appeals in 1739 for
ordnance and ordnance stores or tried to hasten indents that were already in the pipeline.
Agents in London became active in pressing for munitions and the posting of regular
troops. Plans for a major offensive in 1740 in the Caribbean, to be reinforced by levies
raised in North America, surface in Martin Bladen's letter of 14 December (no 515) and in
the appointment of Lord Cathcart on 26 December to command the intended expedition
(no 529). But the general scene suggested by the documentation is of an empire moving
only slowly onto a war footing.

Civil business continued to predominate, an important new contributor to the
Calendar being the inquiry initiated by Parliament into paper money and bills of credit
issued and circulating in the colonies. On 15 June the secretary of state sent to the
Commissioners for Trade and Plantations copies of the resolutions of Lords and
Commons requiring an account of bills emitted since 1700 and a report on the prices of
gold and silver coins in the colonies at ten-year intervals from that date (no 218). On 5
July the Commissioners dispatched a circular to all governors, except those of New-
foundland and Nova Scotia, requesting answers in time to be put before the next meeting
of Parliament (no 251). Because of variation in the speed and efficiency of communication
between Whitehall and the colonies this was an optimistic request; but in time every
colony produced a reply of some sort, though of varying quality and, because of diversity
of method and layout, difficult to consolidate for Parliament's information. Some
governors had difficulty in obtaining the necessary data, several turning the inquiry over
to one or more supposed experts or to their assemblies; some did not try very hard, while
others produced detailed and informative answers. President Dottin of Barbados was the
first to reply on 9 November, though his letter was not in the Commissioners' hands until
15 March 1740. His task was relatively straightforward: Barbados had issued 'bills of
credit' in 1705 and a small amount of paper currency in 1706 but the effect had been to
drive out gold and silver and to discourage trade. None had been issued since, so Dottin
had only to report on the prices of gold and silver coins and on exchange rates between
the colony and Britain (no 456). In Massachusetts, where bills of credit had been issued on
a prodigious scale over many years, an idea of the complexity of the matter of inquiry can
be got from the reply, of which a summary is printed below (no 527!). Massachusetts and
five other colonies - Pennsylvania, New York, New Jersey, Delaware and Bermuda - sent
answers in December 1739; three - the Leewards, Connecticut and New Hampshire - in
January 1740; and two - Virginia and South Carolina - in February. Three colonies -

North Carolina, Rhode Island and Maryland - presented replies through their agents in
London, that is to say, without a letter of explanation from the governor. The last
responses to reach Whitehall, those of Virginia and Jamaica, arrived at the Plantations
Office on 22 July 1740. A little over a year, therefore, went by in circulating the inquiry
and obtaining answers. It seems a long time but it would be interesting to know if any
other eighteenth-century empire, Spanish, Portuguese, French or Dutch, launched and
completed an investigation of like complexity in less than twelve months.

As in the Calendar volumes for 1737 and 1738 Georgia makes a large and important
contribution to the contents of Vol. XLV, much of it consisting of records of a private
nature at the time of their creation though now and since 1752 - when Georgia became a
crown colony - part of the public archives. It was this slight ambiguity of status that led
to the exclusion of those records from Vols XXXVII-XLII, a decision reversed in Vol.
XLIII for 1737. By 1739 most of Georgia's records were still of a recognizably private
kind: the Trustees' correspondence with their officers and settlers in Georgia, their
domestic letters, and their minutes. The Trustees reported annually to Parliament but
direct correspondence between Georgia and the departments concerned with colonial
administration was still rare. As yet there were no Customs officers in the colony, though
their absence was beginning to be noticed and exploited (nos 280, 301). No assembly had
been constituted in Georgia, so no laws were enacted there for scrutiny by the
Commissioners for Trade and Plantations. Legislative authority remained with the
Trustees in London who seldom used it. In 1739 they passed only one law, for appointing
pilots and raising a duty on shipping to pay for that service (no 291). This Act brought
them into touch with the Commissioners, with disappointing results. The law obtained
the approval of the board's legal adviser, Francis Fane, but was opposed by South
Carolina's agent and still awaited confirmation at the end of the year (nos 336, 514). The
Commissioners at this time kept no Georgia files, placing such papers as they preserved
among South Carolina's records (nos 336, 357).

The Secretary of State for the Southern Department, whose responsibilities included
the colonies, was drawn sooner and further into the affairs of Georgia. The public
objective of the colony's existence was the defence of the southern frontier of colonial
America against the supposed threat from Spanish Florida. Diplomatic and military
business, the secretary of state's province, was certain to arise in that quarter. When James
Oglethorpe landed in Georgia in 1738 in command of a regiment of royal troops the
secretary's involvement took an important step forward. Oglethorpe's correspondence
with Newcastle became as extensive and as regular as his travels and duties in the colony
allowed: eleven letters in 1739. Despite holding no civil office in Georgia, Oglethorpe had
the confidence of the Trustees in London in his task of clearing up irregularities, reducing
expenditure, and compelling the settlers to stand on their own feet. He also enjoyed the
confidence of Newcastle who for some purposes treated him almost as if he were
governor of the colony, sending him versions of circulars to governors of 1 5 June and 29
October authorizing the issue of letters of marque against Spanish shipping and, later,
announcing the declaration of war (nos 216, 436). In such ways and to a still greater extent
after the outbreak of war, Georgia figured more prominently in records that were of a
public nature at the time of their creation. It was with this merging of public and private
documents in mind that Georgia's archives began to be included in the Calendar from
Vol. XLIII onwards.

In the last year of the decade 1730-1739 it is appropriate to take an overview of the
documentation of colonial business as reflected in the records. To compile year-by-year
totals with any meaning at all, two conventions have been adopted. First, principal entries
only have been counted, not enclosures. Second, Georgia's records, out of the Calendar

for 1730-1736 but in the Calendar for 1737-1739, have been removed from the
reckoning. The result is a table of principal entries for the colonies that existed in 1730:

1730 652

173 1 595

1732 518

V33 47 2

1734 434

1735 409

1736 278
r 737 385
1738 359
'739 333

The decline is impressive. Apart from the exceptionally low total for 1736 - for which no
particular explanation is available - the contraction is continuous throughout the decade
so that by 1739 the annual total (Georgia excepted) is little more than half what it had
been in 1730. Were the volume of surviving records to be taken as a reflection of the
activity and energy of central government and of the responses of the colonies, the table
would be an approximate measure of 'salutary neglect' or at least of 'neglect' in the decade
before the war with Spain.

Such an assumption is, to say the least, debatable. Surviving records are not in every
instance a reliable guide to business transacted. Among the public records there are on the
one hand classes in which destruction, fortuitous or purposeful, has reduced the material
now preserved to a fraction of what was created; while, on the other hand, moribund
institutions have continued to accumulate records of transactions in which the effective
decision-making has migrated elsewhere, leaving a mass of documentation of a largely
formal nature. There is, however, no reason to suspect that the eighteenth-century
colonial records experienced either archival inflation or deflation to produce distortion
sufficient to explain a contraction of the order shown in the table. Over two centuries it is
indeed likely that a few documents have been lost or mislaid; others such as some of the
Naval Officers' returns may have been destroyed. But in the main series of correspond-
ence continuity from year to year and from letter to letter is apparent. It is unusual to find
a correspondent acknowledging receipt of a letter now missing from the archives.

What the Colonial Office records have undergone is extensive rearrangement. Certain
enclosures have been separated from their parent documents. The contents, for example,
of the series known as 'Acts', that is, colonial laws sent to Whitehall for scrutiny, were
detached from their covering letters at or soon after arrival in order to be submitted to the
legal adviser of the Commissioners for Trade and Plantations as part of the process of
legislative review. Since governors often made comments in their accompanying letters
this separation must have had inconveniences; on the other hand separate filing of outsize
documents, which Acts often were, probably made for easier handling. The practice in the
Calendar has, with exceptions, been to mention titles of Acts but not to describe each law
individually. The series known, anachronistically, as Sessional Papers, that is, minutes and
journals of colonial councils and assemblies, likewise consists of documents detached
from covering letters. In the early years of the Calendar (to 1913) Sessional Papers were
described in summary form but from Vol. XXII onwards they have been excluded on
grounds of unmanageable bulk. 1 For the same reason, and for greater security and ease of
access, many maps have been removed from parent documents and taken out of the
Colonial Office group. 2 Any comprehensive attempt to quantify the records or to chart

the ebb and flow of colonial business would have to take these uncalendared and detached
papers into account.

There are other grounds for caution before taking the contents of the Calendar as an
accurate reflection of activity in the administration of the British colonies. Whitehall's
routines of record creation were more or less standardized by the 17305 but those of the
colonies were not. Uniformity of practice should not be expected and will not be found.
Letters are as short as half a side of a small piece of paper or as long as twenty pages,
composed in a crabbed script (Barbados) or a sprawling hand (Massachusetts). Letters
from George Clarke of New York were routinely written on the lower half of the page
only, presumably to leave space for comment. The calendar practice of stating the number
of manuscript pages of the original and the size of paper used (eg 4 pp, i large p, 2^ small
pp) is intended to convey a general idea of this diversity.

The correspondence of Governor Mathew of the Leeward Islands in 1739 makes the
point that a letter-count may not tell the whole story. The present volume includes
thirteen letters from Mathew to the Commissioners for Trade and Plantations, more than
from any other governor; but all except one are brief notes serving merely to cover Acts,
minutes and journals of the four legislatures over which Mathew presided. The substance
conveyed to Whitehall in these letters was negligible. Nor did Mathew make good the
deficiency in his correspondence with the secretary of state : one despatch of less than two
pages in the period covered by this volume. Governor Johnston of North Carolina
conducted his correspondence with Whitehall in even more cursory fashion. Like
Mathew he had public papers to send but chose not to cover them with even the briefest
letter of explanation : they turned up at the Plantations Office, sometimes years late, with
no more than a certificate from the governor. Johnston's contribution to this volume is
one short letter, dated 10 April 1739, to the Duke of Newcastle, repeated the same day to
the Commissioners for Trade and Plantations in virtually the same words (nos 131-132).
Johnston's failure to keep London informed is, therefore, accurately reflected in the
number of letters - two - with which he is credited in this volume while Mathew's
shortcomings as a correspondent are masked by his total of fourteen. At the opposite end
of the scale there were governors who wrote frequent letters of substance, Governor
Trelawny of Jamaica being outstanding in this respect. He dispatched 19 letters to the
Duke of Newcastle in 1739, 3 to Andrew Stone, the duke's secretary, and 5 to the
Commissioners for Trade and Plantations. Able, energetic and new to the job, Trelawny
had much to report: his contribution to the volume is a fair reflection of his activity in the
colony. Governor Popple of Bermuda was another competent correspondent: his
despatches were far fewer than Trelawny's mainly because he had fewer opportunities to
write direct to London, but he made up for infrequency by length.

It is, nevertheless, likely that over a decade these variations in the practices and habits
of colonial governors cancelled one another out. It would be carrying caution to the point
of incredulity to maintain that the contraction of the Calendar suggested by the table
above means nothing at all. The story it tells is rough and approximate rather than
downright misleading. There would after all be no want of possible explanations for a
relaxation in the 17308 of governmental activity at the centre of empire. Metropolitan
initiatives in colonial business were launched by a number of different authorities
beginning with Parliament. Inquiries set on foot by either House or by both could
generate a significant amount of documentation, as already shown by the example in the
present volume of the call for reports from all colonies on paper bills of credit and the
price of gold and silver. Could it be established that Parliament launched fewer-
investigations of this kind in the 17305 than in the 17205, the effect would be a measurable
contraction of the colonial archives.

vin

More effective, however, would have been a reduction of the initiatives and measured
responses on the part of the secretary of state and the Commissioners for Trade and
Plantations. It is not necessary to charge the Duke of Newcastle, secretary since 1724,
with egregious idleness or indifference in order to explain a curtailment of his colonial
correspondence in the 17305: in a long period of peace there was relatively little of an
urgent nature to engage his attention. French encroachments from Canada and French
activities along the Mississippi; problems left over from the Treaty of Utrecht such as the
fisheries or the French reoccupation of St Lucia; the alleged depredations of Spanish
guardacostas: these matters, viewed from Whitehall, did not rate as pressing, at least until
the opposition in Parliament took up the case of Capt Jenkins. They made work for
Newcastle but they generated few records compared, say, to the raising and equipping of
American troops for the West Indies once war began. No doubt Newcastle could have
exerted himself more than he did to renew and strengthen the imperial defences in time of
peace but, given the reluctance in Parliament and the country to raise money for so distant
a purpose it is unlikely that he would have made much headway. To explain a contraction
in the secretary of state's business and records between 1730 and 1739 it is probably
unnecessary to look beyond the prevailing peace.

The alternation of war and peace might be expected to have had a reverse effect upon
the business and records of the Commissioners for Trade and Plantations, but this seems
not to have worked in the 17305. War may have restricted some of the Commissioners'
activities but there is little to suggest a surge of activity in the peaceful times of the 1730$.
It was here perhaps that neglect was most conspicuous though not necessarily neglect of a
salutary kind. Problems arising in America were evaded, action deferred, letters left
unanswered sometimes for months; and when an answer was forthcoming it was seldom
of much help. Governors in trouble were usually left to find their own solutions or
fobbed off with assurances that the matter was under consideration. In the board's
answers to governors who reported their powerlessness to influence, let alone command,
fractious assemblies, there is little evidence of leadership towards a solution and not much
of friendly sympathy. Much of the correspondence on the side of the Commissioners
seems to proceed on an assumption that the general instructions, issued at the outset of
each governor's administration, were a sufficient guide to every and any situation that
could arise in a colony. These instructions, reissued to governor after governor with only
minor changes or additions, were in reality obsolete in important respects by 1739: in
particular they took small account of the spirit of self-assertion already showing in elected
assemblies such as those of New York and New Jersey (nos 139, 183, 401). Governors,
some of them with scant political experience, none endowed with the patronage needed to
support a party of governor's friends, looked in vain to their general instructions for
guidance. This is not to suggest that traditional imperial structures had already broken
down by the 17305: most of the time they sufficed for the modest purposes of central
government and were broadly acceptable to the colonists. There is little or nothing to
indicate a general crisis in the relations between Britain and its possessions beyond the
seas. Rather there was a disturbing reluctance on Whitehall's part to face up to problems
which, left unattended, would in time assume such proportions as to force Britain to
choose between abdication and coercion. Parliament was as much to blame as bureaucra-
tic atrophy. The problems of America could be solved, if at all, only by imperial
legislation, and Parliament was not disposed to give to America the attention that it was
beginning to need. Even had it been so disposed, neither House was sufficiently informed
about the colonies to hold out much hope that new laws would be either enforceable or
prudent.

A problem common to all governors was how to apportion their correspondence
between the secretary of state and the Commissioners for Trade and Plantations. Practice
varied so much as to suggest that whatever briefing governors received before taking
office was insufficent. Military and naval affairs, defence, and whatever involved foreign
colonies or foreign nationals, were clearly secretary of state's business; colonial law-
making belonged to the Commissioners who in due course reported thereon to the King
in Council. This demarcation was well enough as far as it went, but a colony's business
was not always apportionable in so simple a way. Commercial matters, for example, were
in the domain of the Commissioners, but if involving foreigners they might also be of
interest to the secretary. Relations with Indians, to a large extent commercial, had obvious
diplomatic implications when the Six Nations were being tampered with by the French in
Canada or the Creeks courted by the Spaniards. In the reporting of wrangles with their
assemblies over public revenue governors followed no consistent practice. Some played
for safety and sent the same despatch in the same words, or very nearly the same, to both
offices. George Clarke of New York was uneasy about this. Twice in 1739, writing to
Newcastle, he enclosed a copy of his most recent letter to the Commissioners, though in
writing to the Commissioners he did not enclose copies of his letters to the duke. On
other occasions, when constrained to write the same facts to both offices he introduced
minor variations of language, going to absurd lengths to avoid self-plagiarization, eg
changing one third to nine out of twenty-seven.

The Calendar for 1739 throws some light upon this confusion, offering in the letters
of Governor Popple of Bermuda the most plausible indication of Whitehall's expectations
in this matter. Alured Popple, who had arrived in his government in August 1738, was a
Board of Trade man through and through. His father, William, had been the board's
secretary from its inception in 1696 to retirement in 1722. Alured succeeded him, holding
the secretaryship until appointed governor of Bermuda. Another William, Alured's
brother, worked for the board and upon Alured's death in 1745 succeeded him in
Bermuda. As secretary for fifteen years to the Commissioners for Trade and Plantations
Alured Popple must have assisted at the instructing of many new governors in their
duties, if indeed he did not perform that service himself. If anyone knew how a governor's
correspondence was meant to be conducted, he did. His own practice is therefore worth a
little attention.

In 1739 Governor Popple was able to write only three letters to the Commissioners
for Trade and Plantations and two to the secretary of state. This seems a small number but
it must be understood that there was little direct trade between Bermuda and Britain: safe
conveyances were rare. The Naval Officer's shipping return for Bermuda records the
arrival of only one vessel from the British Isles in 1739 and none at all clearing for Britain,
Ireland or any part of Europe. Clearances for the year totalled 146 vessels, small craft, all
but one bound for North America or West Indian ports. Popple's despatches had either
to await a rare Royal Navy ship calling at Bermuda on the way home from the Caribbean
or go by small craft to New York to take their chance of onward transmission to London.
The governor at the opening of this volume was less than six months into his office: he
had plenty to say but few opportunities to say it, the reverse of the position, already
mentioned, of Governor Mathew. Popple's solution was to write at length, far longer
than the average colonial despatch. His principal letters to the Commissioners for Trade
and Plantations and the secretary of state were sent in pairs, one dated 10 May, the other
20 December (nos 166-167, 5 2 4~5 2 5)- I n tne fi rst P a if the despatch to the Commissioners
contains the detailed comments on and explanations of laws passed by the assembly
which his instructions required of him but which by no means all governors supplied.
None of this information was repeated in the accompanying letter to Newcastle. A

second difference arises from Popple's complaint on behalf of his colony against an Act
lately passed in the Bahamas placing heavy and probably unlawful restrictions on
Bermudians fishing for turtle and gathering salt at the Turks Islands. This also was
directed to the Commissioners, not the secretary of state. Everything else - his
observations on smuggling between Rhode Island and Martinique, his long report on the
French ship I'Amazone driven into port for repairs, his recommendations of persons to be
made Councillors, and his postscript of 23 May reporting the seizure by Spaniards of two
or more Bermudian sloops - was addressed equally and in almost the same words to the
secretary and to the Commissioners. Popple's formula, at least on this occasion, was to
tell the secretary nothing that he did not also tell the Commissioners; and what he told the
Commissioners but not the secretary had to do exclusively with colonial laws and
law-making, including the objectionable Act passed in the Bahamas. The despatches of 20
December are framed on the same lines. Bermuda's answer to the inquiry about paper
money went to the Commissioners, not to the secretary of state. So did an account of
some difficulties attending the collection of Customs duties in the island. Popple knew
that his report on the currency of Bermuda would reach the secretary of state in the only
form Newcastle wanted to see it, as one item in a consolidated report for all the colonies.
He knew, too, that the correct procedure on Customs matters was for the Commissioners
for Trade and Plantations to make representations to the Customs Board in London.

Governor Trelawny's letters from Jamaica, though no less authoritative than Popple's
from Bermuda and far more numerous, followed a different pattern. This was partly
because the work to be done in the two colonies was different, partly because of
differences between the two men. Trelawny lacked Popple's familiarity with the inner
working of Whitehall but he had other assets. Son of one of the Seven Bishops who
resisted King James II, educated at Westminster and Christchurch, and with nine years
experience in the House of Commons, Trelawny stood above the general level of colonial
governors at this (or any other) time. Addressing the Duke of Newcastle, also an Old
Westminster, he did not omit formal expressions of deference but the tone of the
correspondence suggests a man-to-man relationship seldom to be found in letters from or
to other governors. Trelawny was in no doubt who was meant to be responsible for the
colonies and whom he had to convince. The distribution of his letters - 22 to the secretary
of state's office, 5 to the Commissioners for Trade and Plantations - shows it and the
subject-matter confirms it. Trelawny did not discuss the state of Jamaica's six indepen-
dent companies with the Commissioners, nor his dealings with the Spanish colonies, nor
his strategic plans for the Caribbean, nor the movements of Royal Navy ships. All this
was for the secretary of state alone. To the Commissioners he reported the state of
Jamaica's Council and forwarded the usual public papers without comment. Only twice
in 1739 did he send substantially the same letter to both secretary and Commissioners: an
account of the vexed question of taxation of Jews in Jamaica (nos 141, 165) and the report
on the Council (nos 459-460). Otherwise he kept his two masters apart or gave the
Commissioners only a truncated summary of what he had already told the secretary. On
5 March, for example, he wrote at some length to Newcastle reporting victory over the
maroons of the Cockpit Country and enclosing copies of three letters from officers on the
spot as well as a copy of the treaty accepted by both sides (nos 86, 86i-v). On 30 June he
reported again to the secretary on an accommodation reached with the maroons of eastern
Jamaica (no 243). The Commissioners were given a shorter account of the first operation
with the treaty but without the officers' letters, and only a single sentence on the
capitulation of the 'windward' rebels (nos 116, 265). Both these letters to the secretary
were dated well before those to the Commissioners and travelled separately, ensuring that
Newcastle got the news first. There are other indications in Trelawny's correspondence of

1739 f tne application of a need-to-know principle.

William Gooch had neither Popple's bureaucratic background nor Trelawny's
standing, but in 1739 he had behind him twelve years experience in charge of Virginia.
The titular governor of this colony being a nobleman permanently absent in Britain,
Gooch's commission as lieutenant-governor gave him the status of King's representative
in the colony and to all intents and purposes the same authority as any other governor. Or
so Gooch thought until 29 August 1739 when he received a disturbing letter from the
secretary of state (no 175). The absentee governor, the Earl of Orkney, had died in 1737,
to be succeeded by the Earl of Albemarle. Supposing himself to be possessed of real
powers in Virginia, including powers of appointment, Albemarle complained to Newcas-
tle that Gooch had rilled the office of 'adjutant' without consulting him. He also claimed
to have the King on his side in this assertion of rights. Gooch replied briefly to the
secretary of state on i September (no 362) and two days later sent a powerful and
persuasive rebuttal to Albemarle, perhaps the most interesting letter in this volume (no
363). The want of patronage in the hands of a colonial governor sufficient to build
support for his measures, both inside and outside the assembly, was cogently argued. One
explanation for this insufficiency was the manoeuvring in England by such as Albemarle
to draw what little patronage there was in America away from the colonies for
deployment within the British political system. Gooch's further thoughts on the subject
can be consulted below; the relevance of the episode to the present discussion is that this
was the only exchange of letters in 1739 between the governor of Virginia and the
secretary of state.

Gooch was not, like Mathew or Johnston, a bad correspondent nor did he lack
opportunities to write by ships clearing for Britain. On the contrary he wrote six letters to
the Commissioners for Trade and Plantations, carefully composed despatches, most of
them letters of substance. In a letter of 22 February he compiled the longest and most
comprehensive report by any governor in 1739 on recent legislation in his colony:
twenty-five Acts were presented and explained in more than sufficient detail (no 67).
Colonial laws, as already pointed out, were the Commissioners' business, as was the
subject-matter of Gooch's letter of 15 May about agents acting for the French
tobacco-farmers (no 169), though because foreign representatives were involved Gooch
should have mentioned it to Newcastle. In other letters, those of 15 February and i
August, he wrote to the Commissioners about Indian affairs, a subject that could
properly be seen as of concern to the secretary of state (nos 59, 303). Gooch, it seems,
made a different judgment from either Popple or Trelawny. He was aware that he had to
correspond with the secretary on military matters and did so at length in 1740 but in time
of peace he appears to have regarded the Commissioners as his normal channel of report.

Trelawny, Popple, Gooch: these were the pick of the colonial governors in 1739 and
in their different ways outstanding contributors to this volume. At the other end of the
spectrum were governors or acting governors who seem to have been scarcely able to put
pen to paper: Johnston of North Carolina, already mentioned, and President James
Howell of the Bahamas, acting in the absence of Governor Richard Fitzwilliam on leave
in England. In 1739 there were two other colonies, besides the Bahamas, presided over by
men without commissions from the King as either governor or lieutenant-governor.
Normal practice when a governor died or left the colony was for the senior Councillor to
act under the title of 'president and commander-in-chief. How long he continued in that
rank and capacity greatly varied. Some vacancies were filled at once: when Governor
Cosby of New York died in March 1736 George Clarke succeeded as president, receiving
his commission as lieutenant-governor six months later. 3 At Governor Johnson's death in
South Carolina in 1735 Thomas Broughton already held a commission as lieutenant-

governor and acted until his own death in November 1737. William Bull succeeded as
president and commander-in-chief but was commissioned lieutenant-governor in the
following May. 4 In Barbados, on the other hand, James Dottin served as president and
commander-in-chief for nearly five years from Lord Howe's death in 1735 to the arrival
of Governor Robert Byng in 1739. Byng died less than a year later, whereupon Dottin
began a second spell in the presidency.

Diminished as the status of president and commander-in-chief undoubtedly was, the
job was sought for its emoluments and could sometimes be the occasion of unseemly
bickering. In December 1739 Lieutenant-Governor Armstrong of Nova Scotia, after
many years in the colony, succumbed to 'melancholy fits' and took his own life (no 505).
John Adams, as senior Councillor on the spot, took over but enjoyed the fruits of office
for only three months, being ousted by Major Paul Mascarene in what was not much less
that a coup de main. In New Jersey John Hamilton was president and commander-in-
chief from 1736 to 1738. When Lewis Morris received his commission as governor and
assumed the office he claimed the pay back to 1736 (no 189). Disputes of this kind were
surely not the only bad consequence of leaving the governor's place unfilled for long
periods.

Attention must be drawn as emphatically as possible to a change of nomenclature in
this volume affecting a large number of Calendar entries for 1739. In 15 May 1696 the
Crown had constituted a new board of commissioners for promoting trade and for
inspecting and improving the Plantations. This was the last, and proved to be the most
durable, of a succession of committees and councils set up in the seventeenth century to
advise government on commercial and colonial matters. Its functions were to investigate
and report, which it performed by corresponding with colonial governors, conducting
inquiries, hearing complaints, interviewing merchants and colonial agents, and using the
information obtained to advise King and Parliament. The new board did not trespass
upon the executive authority of other institutions or officers concerned with the colonies,
nor was it endowed with significant powers of appointment. Its influence was conferred
by specialized knowledge and an extensive and well-kept archive. Until its decline after
the Seven Years War and abolition in 1782 the board made important contributions to the
civil administration of the colonies.

Colloquially, and sometimes in documents of a low level of formality, this institution
was known as the 'Lords of Trade' or 'Board of Trade', though neither designation is
strictly correct and the use of the second is apt to blur the distinction between this and
other boards such as Treasury, Admiralty and Ordnance, which had extensive executive
powers. In formal documents, for example, Orders in Council or instructions to
governors, the board received its correct title of 'Lords Commissioners for Trade and
Plantations'. Usage in the Calendar has not been as helpful as it might. J W Fortescue,
editor in the early years of this century, discussed the newly-established institution in his
Introduction to Vol. XV (for 1696-1697) referring to it as the 'Board of Trade'. In the text
of the same volume, however, he called it the 'Council of Trade and Plantations', while
index references thereto were placed under 'Trade and Plantations, Commissioners for'.
Fortescue himself cleared up the confusion in his next volume but did so by adopting for
most purposes the name with least warranty in either official or informal usage, viz
'Council of Trade and Plantations'. This designation has continued to be used, editor
slavishly following editor, down to and including Vol. XLIV for 1738.

The usage has not commended itself to readers of the Calendar, few if any having

xni

adopted it. Its inappositeness was officially recognized as long ago as 1920 when the
board's minutes began to be published as a separate series under the title Journal of the
Commissioners for Trade and Plantations. It is the present editor's opinion that the
continued use of 'Council of Trade and Plantations' is unjustified even by the thirty
volumes published since Fortescue devised the term. 'Commissioners for Trade and
Plantations', as well as corresponding to the title of the printed Journal, is the name most
conformable to official usage in the eighteenth century and it has therefore been adopted
in the Calendar for 1739 and will be used in future volumes.

^Calendar of State Papers, Colonial Series, America and West Indies, XIV (London, 1913) vii.
2 Maps and Plans in the Public Record Office, II: America and West Indies (London, 1974).
^Calendar of State Papers, Colonial Series, America and West Indies, XLII (London, 1953), nos 266, 459.
^Calendar of State Papers, Colonial Series, America and West Indies, XLIV (London, 1969), nos 44, 211.

XIV

List of Records

from which this volume has been compiled

America and West Indies

Original Correspondence, Secretary of State, 1711-39... ... ... CO 5/4

Original Correspondence, Secretary of State, 1733-48 ... ... ... CO 5/5

Orders in Council, 1728-54 ... ... ... ... ... ... CO 5/21

Entry Book of Commissions and Instructions, 1738-41 ... ... CO 5/198

Observations on British right to N. America, 1739 ... ... ... CO 5/283

North Carolina

Original Correspondence, Board of Trade, 1736-40 ... ... ... CO 5/295

Original Correspondence, Board of Trade, 1740-50 ... ... ... CO 5/296

Original Correspondence, Secretary of State, 1702-48 ... ... .... CO 5/306

Original Correspondence, Secretary of State, 1734-46... ... ... CO 5/309

Entry Book of Commissions, Instructions, Board of Trade

Correspondence, 1730-54 ... ... ... ... ... ... CO 5/323

South Carolina

Original Correspondence, Board of Trade, 1739-40 ... ... ... CO 5/367

Original Correspondence, Board of Trade, 1740-42 ... ... ... CO 5/368

Original Correspondence, Secretary of State, 1737-43 ... ... ... CO 5/384

Original Correspondence, Secretary of State, 1730-46... ... ... CO 5/388

Entry Book of Grants of Land, 1674-1765 ... ... ... ... CO 5/398

Entry Book of Commissions, Instructions, Board of Trade

Correspondence, 1730-39 ... ... ... ... ... ... CO 5/401

Entry Book of Commissions, Instructions, Board of Trade

Correspondence, 1739-55 ... ... ... ... ... ... CO 5/402

Shipping Returns, 1736-44 ... ... ... ... ... ... CO 5/510

Georgia

Original Correspondence, Board of Trade, 1737-41 ... ... ... CO 5/640

[This volume is so described in Lists and Indexes, No 36,
but in fact contains the in-letters of the Trustees for Georgia]

Original Correspondence, Secretary of State, 1735-41 ... ... ... CO 5/654

Entry Book of Letters from Trustees, 1736-40 ... ... ... CO 5/667

Entry Book of Grants of Land, Instructions, Petitions etc ... ... CO 5/670

Journals of Trustees for Georgia, 1737-45 ... ... ... ... CO 5/687

Minutesof Council of Trustees, 1736-41 ... ... ... ... CO 5/690

Massachusetts (see also New England)

Original Correspondence, Secretary of State, 1714-40 ... ... CO 5/752

New England

Original Correspondence, Board of Trade, 1738-40 ... ... ... CO 5/881

Original Correspondence, Board of Trade, 1 740-41 ... ... ... 005/882

Original Correspondence, Secretary of State, 1733-41 ... ... ... 005/899

Entry Book of Commissions, Instructions, Board of Trade

Correspondence etc, 1731-41 ... ... ... ... ... 005/917

New Jersey

Original Correspondence, Board of Trade, 1734-43 ... ... ... 005/973

Original Correspondence, Secretary of State, 1728-41 ... ... ... 005/983

Entry Book of Commissions, Instructions, Board of Trade

Correspondence etc, 1738-55 ... ... ... ... ... 005/997

New York

Original Correspondence, Board of Trade, 1737-42 ... ... ... 005/1059

Original Correspondence, Secretary of State, 1718-49... ... ... CO 5/1086

Original Correspondence, Secretary of State, 1737-45 ... ... ... 005/1094

Entry Book of Commissions, Instructions, Board of Trade

Correspondence etc, 1735-48 ... ... ... ... ... CO 5/1126

Shipping Returns, 1735-52 ... ... ... ... ... ... 005/1226

Proprieties

Original Correspondence, Board of Trade, 1737-40 ... ... ... 005/1269

Entry Book of Commissions, Instructions, Board of Trade

Correspondence etc, 1727-51 ... ... ... ... ... 005/1294

Virginia

Original Correspondence, Board of Trade, 1736-40 ... ... ... 005/1324

Original Correspondence, Board of Trade, 1740-43 ... ... ... 005/1325

Original Correspondence, Board of Trade, Drafts, 1702-52 ... ... 005/1335

Original Correspondence, Secretary of State, 1694-1745 ... ... 005/1337

Original Correspondence, Secretary of State, 1726-83 ... ... ... 005/1334

Entry Book of Commissions, Instructions, Board of Trade

Correspondence, 1702-52 ... ... ... ... ... ... CO 5/1366

Shipping Returns, 1735-53, York and Rappahannock Rivers 005/1444

Shipping Returns, 1735-56, South Potomack ... ... ... ... 005/1445

Shipping Returns, 1736-53, James River and Port Hampton ... ... 005/1446

Bahamas

Original Correspondence, Board of Trade, 1736-43 ... ... ... 0023/4

Original Correspondence, Secretary of State, 1728-46... ... ... 0023/14

Original Correspondence, Secretary of State, 1738-1805 ... ... 0023/15

Entry Book of Commissions, Instructions, Board of Trade

Correspondence, 1717-42 ... ... ... ... ... ... CO 24/1

Shipping Returns, 1721-51 ... ... ... ... ... ... 0027/12

Barbados

Original Correspondence, Board of Trade, 1737-42 ... ... ... 0028/25

Original Correspondence, Secretary of State, 1729-40... ... ... 0028/40

Original Correspondence, Secretary of State, 1729-41 ... ... ... 0028/45

Entry Book of Commissions, Instructions, Board of Trade

Correspondence, 1734-47 ... ... ... ... ... ... CO 29/16

xvi

Bermuda

Original Correspondence, Board of Trade, 1737-40 ... ... ... 0037/13

Original Correspondence, Secretary of State, 1703-45 ... ... ... CO 37/26

Original Correspondence, Secretary of State, 1728-44... ... ... CO 27/29

Entry Book of Commissions, Instructions, Board of Trade

Correspondence, 1723-48 ... ... ... ... ... ... CO 38/4

Shipping Returns, 1738-51 ... ... ... ... ... ... CO 41/7

Jamaica

Original Correspondence, Board of Trade, 1738-43 ... ... ... 00137/23

Original Correspondence, Secretary of State, 1735-77... ... ... 00137/48

Original Correspondence, Secretary of State, 1736-40... ... ... 00137/56

Entry Book of Commissions, Instructions, Board of Trade

Correspondence, 1734-43 ... ... ... ... ... ... CO 138/18

Leeward Islands

Original Correspondence, Board of Trade, 1736-40 ... ... ... 00152/23

Original Correspondence, Secretary of State, 1734-45 ... ... ... 00152/44

Entry Book of Commissions, Instructions, Board of Trade

Correspondence, 1735-47 ... ... ... ... ... ... CO 153/16

Newfoundland

Original Correspondence, Board of Trade, 1735-40 ... ... ... 00194/10

Original Correspondence, Board of Trade, 1739-43 ... ... ... CO 194/11

Original Correspondence, Secretary of State, 1706-45 ... ... ... 00194/24

Entry Book of Commissions, Instructions, Board of Trade

Correspondence, 1720-49 ... ... ... ... ... ... CO 195/7

Nova Scotia

Original Correspondence, Board of Trade, 1736-43 ... ... ... CO 217/8

Original Correspondence, Secretary of State, 1730-46... ... ... 00217/39

Entry Book of Commissions, Instructions, Board of Trade

Correspondence, 1719-41 ... ... ... ... ... ... CO 218/1

St Lucia

Original Correspondence, Secretary of State, 1709-78 ... ... ... 00253/1

West Indies
Military Despatches, Secretary of State, 1699-1781 ... ... ... 00318/3

Original Correspondence, Board of Trade, 1734-40 ... ... ... 00323/10

Colonies, General

Entry Book of Commissions, Instructions, Board of Trade

Correspondence, 1733-49 ... ... ... ... CO 324/12

Entry Book of Grants and Warrants, 1736-49 ... ... ... ... 00324/37

Miscellaneous ... ... ... ... ... ... ... ... CO 324/49

xvii

COLONIAL PAPERS

1739

1 William Stephens to Trustees for Georgia. My last was of 21 November

January 2 which I hope will have found its way right, and also my former ere now
of the several dates when sent, though by Mr Verelst's letter of 2
October which I have newly received I was very sorry to be advised that at that time no
letter was arrived from me since what I wrote of 27 May. To clear up which lame account
as well as I can I have collected from what notes I keep such particulars as deduce the
whole series from last May down to this time, by which I persuade myself it will appear I
have not been unmindful of that part of my duty; nor can I plead (I bless God) any want
of health since I had the honour to serve you for neglecting it. Your kind approbation of
my endeavours, so far as Mr Verelst wrote me, gives me the greatest encouragement to
proceed in doing my utmost to pursue my instructions with fidelity and impartiality, and
much happier should I think myself could I write of many things frequently in a more
agreeable way than those ties will allow me to do, now more especially. Much of what I
have to lay before you is a scene all of confusion and disorder as it will appear too plain, I
conceive, in my journal herewith sent (together with duplicate of my last letter);
wherefore it needs very little enlargement, facts requiring none, and matters of
speculation I take to be not properly within my province, who have too gross a way of
thinking for such an airy employment when it may truly be said non tali auxilio tempus
egat. It has sometimes, upon looking back into what I formerly wrote, given me a little
uneasiness in my mind to see so many seeming inconsistencies and contradictions
comparing one time with another; but I can pretty well pacify such thoughts when I
know to whom I write and that they do not want to be told, amidst so great a mutability
as is to be met with here, it behoves the writer to vary likewise in his manner as often how
he relates the circumstances of affairs, and if he has been too sanguine in his expectations,
to own it though with indignation at such as occasioned it.

After I had transmitted you the several accounts of the number of acres planted in this
part of the colony, as also short lists of such as I apprehended had most merit of any kind
among the freeholders here (not to mention those of a different rank who were possessed
of 5oo-acre lots), notwithstanding the misfortune of a bad crop which befell too many, I
saw no appearance of such impatience among them as to portend any mischievous
consequence but conceived good hope yet that a little time would wear out the
remembrance of past evils and, when the season came about, they would fall to once more
and try what another year's endeavour might produce, everybody whom we could well
expect it from following their own private affairs quietly; till those fatal tidings came of
the bad estate of affairs throughout by reason of such great debts incurred and the
deficiency of trade to discharge them, whereupon all credit was stopped and the stores in
a great measure applied towards payment in part of some of the creditors, etc. Then
indeed there began to be a visible change in people's looks and tempers and little stories
continually flew about to augment fears and jealousies, framed doubtless in the same

2 STATE PAPERS COLONIAL [l

forge from whence others of the like tendency had formerly been sent abroad as I have
before observed. When by such means people were judged sufficiently alarmed, out came
a paper under the title of a Representation of Grievances which they had been some time
preparing. It was immediately flocked to by almost all people here and hereabout who
greedily catched at it, and (as I hear now) upwards of roo put their names to it in four or
five days so that indeed very few stood out. The manner of its proceeding and the
principal matters which it contained (as far as I could charge my memory upon perusal
cursorily, for no one was suffered to copy any of it) I noted in my journal, to which I ask
leave to refer. The vehemence wherewith it was carried on was such that all reasoning
upon it was vain, and I verily think that several among them ran in with the crowd for no
better reason than because they would be like their neighbours, not considering the
consequence. I have pretty good reason to believe this elaborate work was the task of two
or three only without so much as the assistance of Capt Patrick Mackay in putting it
together, who undoubtedly has been an arch-incendiary all along in private ever since I
knew the colony, and those topics which are the basis of this piece have been always
inculcated and maintained by him. At the same time the model on which the colony was
established never missed being treated with derision. How it comes to pass therefore that
this man's name is not to be found in the list is to many people a riddle, and the most
probable solution I have heard of it was that it was undertaken without his aid whilst he
was at his Negro plantation in Carolina and he did not think himself sufficiently
distinguished to mix in the common crowd, at the same time highly applauding what they
had done when he read it and so left it with a sneer; from whence others imagine variously
as their fancies lead them to discover what was the real cause of the captain's so dropping
it, which I cannot think is worth so much inquiry. Mr Brownfield (I hear) is towards the
latter end of the list after a day or two of perusing upon it: whether he was not full ripe in
his judgment sooner, or whether he might grow a little cold at his being not earlier
consulted, is a query likewise. But it is certain that Mr Robert Williams and his brother
Patrick Tailfer (surgeon, who married Mr Williams's sister) are the principal fabricators of
it as it is now formed, of whom I beg to be indulged in a few words. Mr Williams's
character would be a valuable one here for the public good were it not too much alloyed
with private views which darken it: it must be confessed he has been a bold adventurer in
cultivating land at a greater expense far than most others and the return it has made him
has been considerable loss, from whence it may be allowed some peevishness might
naturally arise which gave birth to his being a great exclaimer against the tenure of the
land, thinking it hard very probably that after so much labour and expense his title was
precarious; but as to the use of Negroes I have some reason to think his aim is more
extensive than appears openly, for as he is in partnership with his brother and others at St
Kitts and Bristol who made much in importing Negroes into the West Indies it is not hard
to conceive what would follow in case it were in the power of the landholders here to
alienate such lands who for want of money to purchase slaves would not want credit to
get them upon land security, the consequence whereof need not be named. And as for Dr
Tailfer he never has been at any labour or expense about land in so many years as he has
lived here, but letting out such servants to hire as he brought with him during their
servitude, together with his practice, soon put a pretty deal of money in his pocket, by
which means he has lived and dressed in a superior manner to any of this place and has
vanity enough to set up for a dictator among those he converses with who generally give
way to his overbearing discourse. It is to be observed that all this was set agoing whilst the
general was in the south, where it is to be doubted from common report that some
discontents have also shown themselves worthy his care to suppress. But it behoves me to
be cautious lest I say too much of what I cannot warrant the truth of. I am sure his

2] AMERICA AND WEST INDIES 1/39 3

presence here is to be wished for now and we are impatiently waiting it, when upon his
arrival it will be seen how he is addressed and how well he is pleased at such a welcome.
If we look towards the stores I can find nothing pleasing there neither. The work of
accounting with Mr Causton, which has already taken up so much time, goes on very
heavily; and from what Mr Jones tells me I fear has little prospect yet of coming to a
desirable end, such intricacies (he says) are continually met with to impede it. And as for
Mr Bradley's accounts I am told he is so obscured that no dawning yet appears of what
light that inquiry may produce. It is really a melancholy aspect in the meanwhile that the
remainder of provision in the stores affords us, where (if I am rightly informed) there is
not more than about a dozen barrels of fleshmeat left, such have been the great drafts
thence towards satisfying (in part only) divers creditors of most impatience, whilst some
again have been well content rather to wait till time shall produce payment in specie. It is
fit I should here observe that whereas you in a former letter signified your pleasure that
the issues of stores should be under the direction of Causton, Parker and myself, and soon
after (before Mr Jones had taken possession of the stores) your pleasure was further
known and Mr Causton was dismissed from his employment by the general, who upon
that occasion gave such instructions to Mr Jones as he saw most expedient in
proportioning to the several classes of people what was to be the future regulation,
wherein undoubtedly he was the best and most proper judge: Mr Parker and I therefore
have not presumed to intermeddle any further than occasionally upon an exigence where
Mr Jones had any doubt in himself, and then upon asking our opinion he always had it; as
in some petty cases likewise where we knew the absolute necessity of a poor family in the
utmost distress we have not scrupled to recommend such for a small present relief,
believing it such a charity as you would well approve of, but that we always did with due
caution and never by a formal order which we thought we could not now warrant: the
whole upon that head would be found of small value. I am confident your allowance will
readily be obtained for putting an end here to so displeasing a story, which I shall be
heartily glad in my next to make some amendment to, and am far from despairing of
knowing these clouds must needs dissipate in time and being firmly persuaded in myself
that under the prudent conduct of those at helm we shall pass through this foul weather
with little or no damage at last. Signed. 32 small pp. Endorsed, Reed. 16 March 1739. [CO
5/640, ff 247-24 8 d]

2 William Stephens to Harman Verelst. Your letter of 2 October, which I

January 2 received 23 December, surprised me much at the first reading wherein I
Savannah found such a long chasm without any letter received from me that it put
me instantly to see if I could trace out any cause that might occasion it: and joining the
several particulars together which I found in my past notes, as you will observe in the
paper herewith sent, I grew satisfied in myself as I hope it will be deemed satisfaction to
what you wrote thereon. And after acquainting you that all the enclosed letters which you
sent me were carefully conveyed to whom they belonged I presume no more needs to be
said in answer to that letter. But what I have wrote to the Board at this time I fear will be
thought more than enough unless it had imported something better. Nevertheless it is
inexcusable (I think) in cases of such consequence to soften matters which will admit of
no palliation or to deviate in the least from strict truth whatever be the event, under which
sense of duty it is humbly submitted.

I am really puzzled what to say of Duche, our potter here, or how to represent him
again after the light I had formerly put him in. I see no cause to retract any part of the
character I thought he deserved as to his diligence, sobriety and skill so far as his work
hitherto has appeared, whereof he has made good plenty which has not stuck on his

4 STATE PAPERS COLONIAL [3

hands. But how far he is capable of bringing those things to perfection which he promised
I dare not undertake for, wherefore I thought it best to let him speak for himself and put it
in writing that it might be laid before the Trustees plainly without any varnish, especially
as I found more money wanting. But I am ashamed for him that my fond credulity, which
led me into an imagination of seeing such fine things brought presently to perfection,
should be the cause of Lord Egmont's being deceived in his expectations also, for which I
must beg your intercession to obtain his pardon. Time possibly may yet bring those
things to pass.

It behoves me now, sir, to say something of the boy (Tho Roberts) that Sgt McKenzie
delivered to me here 21 November last, since which time I have had ample trial of his
abilities that are very great, but I am sorry to say it is in lying and thieving wherein he has
outdone any of his rank that I have heard of among us. On account of so valuable a
recommendation as he came with from Rev Mr Smith and yourself I was inclined to try
whether or not he might prove of any good use to me among others, though having
already a boy (one Edward Harries) whom you sent me and who had idleness sufficient
about him to require a strict hand over him, by which means after a year's pains he is
beginning to show some tokens of making a tolerable servant, I doubted lest they might
spoil one another. But the last youngster outstripped all before him and soon began to
show us that no good would come of him, for after many testimonies given us of what
might be expected the first exploit of greatest note I remarked in my journal, as you may
observe of 18, 19 and 20 December, from which time his feats have been too numerous to
think them worth recording; but his behaviour has been one course of wickedness which
appears so radicated in him that I fear no stripes will subdue, even from the common
executioner if he falls under his hands, and that is such a task as my son and I desire to
decline. I only wish for his own sake and his friends that I may be lucky enough to get a
master fitly qualified to reform him, which I promise you I will do my best in, though he
is well known already through this town that I do not expect readily to find such a one
here. I shall be glad in my next to give a better account of him and many things else.
Signed. i\ pp. Endorsed, Reed. 16 March 1739. [CO 5/640, ff

3 Minutes of Trustees for Georgia. Resolved that three of the Trustees
January 3 wa j t on tne Chancellor of the Exchequer and represent that the Trustees

find it necessary to apply for 8ooo/ for 1739 owing to the charge of
military defence of the colony before the arrival of Col Oglethorpe's regiment and to last
summer's drought in Georgia, all which extraordinary expenses amount to 3ooo/. Entry.
12 pp. [CO 5/687, pp 97-98]

4 William Stephens to Harman Verelst. Give me leave (good sir) to crave
January 3 your patience in a separate letter whilst you read a few lines which

necessity extorts from me unwillingly and which I could have no
confidence to offer to you were I not persuaded in myself that by your own adoption I
am allowed to esteem you my real friend. Without further preface, therefore, I lay open to
your view the present situation I find myself in, together with my son. It would be
impertinent in me to recapitulate to you the terms I embarked on in the service of the
honourable Trust: it is the mistaken foundation of what I was to trust to that requires
such an explanation as experience has too plainly shown ought to be set in a true light. I
must first with a grateful sense of the favour of the Trustees acknowledge the benefit I
received from what they were so good to grant for my outset, whereby I was enabled with
spirit to proceed as I have done and (without vanity I hope I may say) shown what might
be expected from the labour of servants if well looked after, provided they kept their

4] AMERICA AND WEST INDIES 1/39 5

healths. The servants which I had you will please to remember were estimated to me at 1 5/
per annum each, which upon supposition they were so must amount to 1 5O/. This had
indeed an engaging aspect. Now let us see the winding up of the last year and what it
produced. I may venture to say that what was possible for us to do was done and our
application to it for example's sake was such as few if any have ever equalled. We felled
and laid open fifteen acres of strong timber-land which we afterwards cultivated and
planted with Indian corn, rice, potatoes etc in due season. Having no lot of 500 acres run
out for myself in pursuance of their honours' grant and being desirous of having Gen
Oglethorpe's opinion and advice in it when he came, I went to work on a town-lot of 5
and 45 acres for the benefit of a son-in-law of mine in whose name it was taken up when
Mr Oglethorpe was here last time. The land was found to be as good as I could reasonably
expect and great hopes we conceived of a good recompense for our pains; but instead of
that behold what followed, nothing but disappointments. As soon as the summer heats
came on our servants grew sickly with fevers, 2, 3, 4, 5 or 6 down at a time; one of the
very best died and as it went round among them we could rarely or scarce ever since May
last have any good use from among them all, for those who recovered in appearance never
yet regained their strength but have been continually relapsing and are becoming so
dispirited, partly through the effect of their long illness and partly through a natural
laziness, that most of them are no better than ciphers and two or three only of them are fit
for labour, neither can we foresee when such a stubborn distemper joined with a stubborn
will may be eradicated. Add to all this the doctor's bill for medicines and long attendance
which for one year comes to near zo/ and out of what am I to pay it? For, in the next
place, a calamity has overtaken us which is common to all others hereabout, namely our
expectations miserably defeated by the failure of a crop occasioned through such a
drought last spring as in several years has not been seen here, besides the colony being
supplied with such seed for planting as experience has too plainly shown was not good, so
that generally speaking it is agreed by all 3 parts in 4 are fallen short of what was
computed might have been gathered at harvest. The expense moreover of clothing these
servants I presume need not be named. These articles are surely sufficient to blast our
hopes of subsisting in the way we are at present. But to complete this gloom since our
general's arrival here in October last and what followed upon his laying open the
miserable circumstances the colony was under, it cannot but be shocking to men of the
best dispositions when want stares us in the face far more terrifying than any Spanish
threats. The estimate which the Trustees were pleased to send for the expenses of the
current year, even so abridged as it was, by the next letters from them we were advised
could not be complied with, so that now I really know not what to say. It would be
injurious not to acknowledge that hitherto through the general's favour I have had such
supplies delivered me out of the stores by Mr Jones as have been a support to us, and the
product of the land I compute will be tantamount to what breadkind we shall spend or
perhaps more; the whole quantity of it not being yet cleansed I cannot speak of it with
certainty. But you need not be told that food alone without other necessary conveniences
of life must leave a man in a comfortless state and I am sure it was never meant to fix me in
such an one as to render me contemptible and thereby defeat the intent of my service. It
were easy to harangue on such a theme but it would appear very weak in me to imagine
any more words wanting the better to elucidate what I mean. It is my heart's desire to
spend what time I have left me in life usefully to the public if I may be enabled to do so:
and having said that I must humbly submit the consideration of it to those honourable
persons who are the proper judges how far I may be so useful. My son, who is a sober
young man that has been some years employed in bookkeeping, etc and in a promising
way of advancing in the world, affectionately chose to quit such views as he had at that

6 STATE PAPERS COLONIAL [4

time when I engaged in the service I am and to attend his father's fate. During the time of
his being here he has shown himself indefatigable in promoting what we came to do and
often with such a spirit even in bodily labour for whole days together that I have often
thought a curb more wanting than a spur, fearing such extremities; and now to find so
unexpected a turn of affairs here, it cuts him to the heart under sad apprehensions of
future misery, which I endeavour all I can to banish from his thoughts, most assuredly
believing that none who have acted an honest and diligent part under the Trustees will be
left exposed to severities. Such ought rather to expect it who in these times of difficulty,
instead of uniting to allay the present discomposures, have joined in stirring up
discontents to that degree that I might as well hope to assuage the raging of the sea as the
madness of the people. No, nothing that can happen will ever divert me from doing my
utmost in the execution of what I am charged with, and I make no doubt but a little time
will open another scene to us that we may view with comfort. When the general left us
last, upon seeing what straits I was in he was pleased to tell Mr Jones that he should assist
me with such necessary cash as I wanted for a present supply, who in about six weeks
after brought me 505; in the like manner Mr Causton so long since as in August last, after
my often asking him for a little money in part of what remained due to me of the 5/
appointed by the Trustees when I should demand it, was pleased in an ignominious
manner (as I thought it) to send me in a bag upon a man's head 5/ sterling in copper,
alleging that he had neither sola bills nor any other coin. These things cannot but grate
sorely, and I hope I may be allowed to say so without being thought petulant. To be
obliged to bow down and crouch in such a manner like a mumper is acknowledging such
a superiority as I never knew whom it was derived from, and am far from pretending to
assume anything like it to myself but glad when any occasion offers wherein I am thought
worthy of joining in consultation for the common good. Not to tire you farther, sir, I
must recommend it to your prudence at what time and in what manner to offer these
things to the consideration of the Trustees, to whose good judgment, candour and
benevolence I most readily submit myself always.

The general went south the last time from hence on 12 November, since which we
have not seen him; but upon the melancholy news of our dear friend Col Horsey 's death I
wrote acquainting him that I had received letters from both you and Mr Samuel Horsey
directing me to do the office of a friend in applying properly in behalf of the family for
obtaining the fees and perquisites which are customarily paid from the death of a
preceding to a succeeding governor; that I had a letter of attorney for that purpose with
other necessary papers but was directed to conduct myself under his instructions wholly
therein; wherefore I hoped for his good advice and assistance and I should wait his
commands, etc. How grievous to me may you then imagine it in so long time to have
received no directions touching it when I cannot justify my going without his
appointment nor, if I could do that, have I wherewith in my pocket to defray the
necessary expense of travel till he supplies that want. This is not doing service to my
deceased friend's family with that dispatch I would, but as we are every day now
expecting the general here I am in hopes of writing to Capt Horsey himself in a short time
something to better purpose. Please to make my sincere respects acceptable to the family.
With my wishes for a Happy New Year to all my friends. Signed. PS. My son, whom you
were so good to remember in your late letter, desires to present his best service to you.
PPS. The enclosed letter directed to the Isle of Wight you will be so kind to take care may
be put safely in the general post. 23 pp. Endorsed. Reed. 16 March 1739. [CO 5/640, ff
2 5 1-2 5 2d]

8] AMERICA AND WEST INDIES 1/39 7

5 Governor Edward Trelawny to Duke of Newcastle sending duplicate
January 4 o f letter of 30 December [Cat SP Col XLIV no 566]. The master of a

Jamaica vessel from Rhode Island that arrived here on ist of this month brought
an account that he heard at Antigua that a Spanish man-of-war of 50 guns was lost at
Anegada on 21 December; that there was another man-of-war then in company when she
was lost; that they came from Old Spain with eight more who had separated and sailed for
Cartagena, as some of those that were cast away reported. Signed, i p. Endorsed, R, 2
April. [CO 137/56, ff i75-i76d]

6 Same to same. There are such frequent instances of mutiny among the
January 6 soldiers (with the detail of which it would be too much to trouble you)

Jamaica ^^ j must importune you again to move HM as I desired in my letter
of 4 December (copy enclosed) to regiment the companies and to appoint the governor
colonel as the most effectual and indeed necessary means to retain HM's forces here in
their duty and to have due discipline observed. The whole island is sensible of the
necessity there is of arming their governor with such a power and I am certain the Council
and Assembly would with the greatest pleasure join with me in an address to HM to
desire it, if it was proper that they should concern themselves in regulations of the army;
but this I will answer for, that they will joyfully address HM to return their most humble
thanks if he will condescend to my request by enabling me to carry on his service and the
good of the island more effectually. There being a notion among the common soldiers
here that they are not bound to obey officers appointed by the governor's warrant to
supply a vacancy of a lieutenant till HM shall fill it up, and there being a necessity of
appointing such officers upon account of the many detachments which the men are
divided into in this country, each of which requires an officer, in order to undeceive the
men and prevent any fatal mistakes and bad consequences, I propose that you would
move HM for an order requiring the same obedience to the warrant officers as to those
that are commissioned. Signed. 2 pp. Enclosed:

6 i Jamaica, 4 December 1738. Same to same. Copy, of Cal SP Col XLIV, no 529.
4 pp. [CO 137/56, ff i77-i8od]

7 Part of letter from Rev John McLeod, missionary, to [Adam Anderson]
January 6 secretary of SPCK (Scotland), acknowledging letter of 8 July. Sum of

New Inverness 2Q j towar( | s cost o f fixing missionary here would be poor assistance
though better than none. If the Society will bestow money to purchase
four servants they would in process of time be of some use. Servants cannot be subsisted
without borrowing from neighbours. The Society should request of the Trustees formal
grant of 300 acres promised within twelve miles of New Inverness. Gen Oglethorpe
promised credit on the Trust's stores and undertook to provide out of his own pocket
some sort of house for worship until a fund be established for building a church. The
Trustees' fund for religious uses cannot be employed for building a Presbyterian church
but there is possibility of a legacy to be applied to that purpose. Copy. 3 pp. [CO 5/640, ff

8 Francis Fane to Commissioners for Trade and Plantations reporting no

January 9 objection in point of law to eleven Acts passed in Massachusetts in

1737/8. Signed. 15 pp. Endorsed. Reed, n January 1739, Read 2 May 1741. [CO 5/882, ff

8 STATE PAPERS COLONIAL [9

9 Accounts of the duties inward and duties outward arising in the
[January 9] Bahamas, midsummer 1737 to Christmas 1737. Accounts of HM's

revenues arising in the Bahamas, 24 June 1737 to 25 December 1737. Passed in Council
and sworn to by William Stewart, receiver-general and treasurer. Signed, R Fitzwilliam. 5
pp. Endorsed, (i) Reed, from Governor Fitzwilliam. (2) Reed. 9 January, Read 1 8 January
1739. [CO 23/4, ff 51-54^]

10 Minutes of Trustees for Georgia. Resolved that the general meeting be
January 10 appointed for i7th inst to consider the answer of the Chancellor of the

Palace Court Exchequer to the Trustees' representation of 3rd inst relating to further
support of the colony. Entry, f p. [CO 5/687, p 99]

11 Order of Committee of Council for Plantation Affairs on petition of
January 12 Thomas, Lord Fairfax, for confirmation and approval of the surveys

and report made by his commissioners in Virginia. The Commissioners
for Trade and Plantations are ordered to examine the reports and papers transmitted to
them both by Lord Fairfax's commissioners and by those appointed by the lieut-governor
of Virginia, and to report to this Committee a state of the facts. Seal. Signed, W Sharpe. 2!
pp. Endorsed, Reed. 14 February, Read 15 February 1739. [CO 5/1324, ff I4

12 Same referring three Acts passed in Pennsylvania in August and
January 12 September last to Commissioners for Trade and Plantations for report.

Whitehall Seal Signedj W Sharpe. i p. Endorsed, Reed. 22 January, Read 23
January 1739. [CO 5/1269, ff 45, 45d, 48, 480!]

13 Same referring the following to Commissioners for Trade and Planta-
January 12 tions. Seal. Signed, W Sharpe. f p. Endorsed, Reed., Read 23 January

Whitehall I/39 Endosed .

1 3 i Petition of John Yeamans, agent for Montserrat, to King in Council praying
for a supply of ordnance, guns, firelocks and ammunition for the defence of the island.
Signed. 2pp.

1 3 ii Schedule of cannon required for each of ten forts and points in Montserrat.
Total: 1 6 nine-pounders and 9 six-pounders. List of other stores needed, f p. [CO
152/23, ff i75-i78d]

14 Commissioners for Trade and Plantations to Duke of Newcastle

January 12 enclosing the following. Signed, Monson, R Plumer, A Croft, i p.
Whitehall

14 i Extract of letter, dated 4 November 1738, from President James Dottin to
Commissioners for Trade and Plantations relating to French settlements on St Lucia
and other islands. See Cal SP Col XLIV, no 494. Copy, i p. Endorsed, Copy sent to
Earl Waldegrave, i February. [CO 253/1, ff 305-3080!; entry of covering letter in CO
29/16, p 74]

15 Same to same enclosing the following received from Governor Popple.

January 12 Signed, Monson, R Plumer, A Croft, i p. Endosed:
Whitehall

15 i 6 September 1738. Address of Council and Assembly of Bermuda to the
King acknowledging HM's favour and praying for a further supply of warlike stores.
Signed, Andrew Auchinleck and six other members of the Council; Nathaniel

17] AMERICA AND WEST INDIES 1/39 9

Bascome, Speaker, and twenty-seven other members of the Assembly, i large p.

15 ii 29 September 1738. List of stores absolutely wanted for the batteries and
fortifications at the east, southwest and west ends of Bermuda, i large p. [CO 37/26, ff
; entry of covering letter in CO 38/8, pp 303-304]

16 Governor William Mathew to Commissioners for Trade and Planta-

January 13 t i ons sending minutes of Assembly of St Christopher's, 22 September

nugua ^7 to I2 September 1738, and minutes of Council of Montserrat for

quarter ending 25 December 1738. Signed, i small p. Endorsed, Reed., Read 6 April 1739

[CO 152/23, ff 204, 2O4d, 209,

17 Thomas Causton to Trustees for Georgia. I make no doubt but Mr

January 14 Thomas Jones has informed you that I gave him a receipt for your
orders under seal of your Common Council dated 19 May last. As it has
ever been my endeavours to execute your commands I return you thanks that you have
now put it in my power to make those endeavours more effectual, having long laboured
under the utmost uneasiness to see myself so embarrassed without any prospect of ease.
Finding you did not approve of the credit given for the servants brought by Capt
Thompson from Scotland to Mr Thomas Upton, Mr John Broadie and others, I
acquainted them that they must forthwith pay for them, whereupon Mr Broadie and Mr
Upton applied to Gen Oglethorpe and he, having regard to their circumstances, has
ordered those credits to be continued. As for those taken to my own service I have
returned them for your further commands and they are by the general's order joined with
those at the Darien. The motive for my giving the above credit was because I apprehended
it was now become necessary to give all possible civilities and reasonable succour to
strangers at their first arrival as the surest means to guard them against the bad
impressions they were liable to receive both in respect to the country and the regulations
for its settlement. How far I may have erred in such an apprehension I submit to your
judgment.

As to the 92 heads of German servants brought by Capt Hewitt and by me taken to
my own account, I am certain I advised you that they having intended to pay their own
passage and go to Pennsylvania had made their choice to indent themselves to me on the
same conditions with those indented at Cowes for your service. Having conceived an
opinion that it would be for the service of the colony to add to its number, that the
cultivation of land was an essential point towards its support, and well knowing that your
repeated orders have been for giving proper encouragement to those who were
industrious, on that account I imagined that my industry being sufficiently known might
be equally deserving with other people, and the rather because I can take upon me to say
that neither I nor my servants have spent our time (though with little success) for any
other advantage than your service or the cultivation of that farm which I advised you I
had lately begun. I imagine you will think it impossible for me to give a particular reason
by way of letter for the several credits to the inhabitants of the colony. Therefore, with
great submission must in general refer myself to those accounts when they shall be
respectively transmitted. And since you have been pleased to put a period to my acting in
affairs of the colony I shall call upon all the debtors to balance their accounts, whereby I
may be enabled to lay before you the reasons demanded agreeable to the duty I have
professed and endeavoured at.

I hope I shall not be liable to your censure because your endeavours have been
hitherto ineffectual for obtaining a regular and known expense of the colony and
providing a proper means of defraying it because variety of business arising from the

IO STATE PAPERS COLONIAL [17

urgent affairs of the colony prevented myself and the want of proper hands put it out of
my power to make those regular despatches. And since it will appear evident that the due
examination of the various accounts of the colony necessary for such your regular
knowledge is a full employ for any one person, I am at a loss to think why the want of it
should be imputed to me and further hope you will consider that any calculation of
charge would be very uncertain where those charges are to arise from the execution of
things in remote parts necessarily left to the discretion of each particular person
concerned and must be more or less as the variety of accidents or circumstances should
require and could not be known by me till I had received the accounts from those
entrusted. If the abovementioned or any other necessary expenses of the colony have
exceeded the calculations made in England I hope such exceedings will not be imputed as
my fault, being ever vigilant to avoid every unnecessary charge as well as industrious to
provide against everything that seemed to threaten its welfare. Your censure for my
taking surprising liberties, attended with your present commands, gives me sufficient
reason to lament that I was not more capable of serving you to satisfaction or that you did
not make a more proper choice. As I had not your orders to advise with anyone till the
arrival of Col Stephens I am sorry to find myself accused with misconduct when I was
acting to the best of my judgment and when it was impossible for me to receive particular
instructions from you concerning such cases as daily occurred.

But that I may lay before you immediate reasons (till particular accounts are made up)
for my conduct it is necessary to acquaint you that I find by the accounts now properly
balanced to 22 November 1736 the sum of 4593/ 55 n^d sterling was then owing to
sundry persons, toward the payment of which (at that time not yet particularly known)
Gen Oglethorpe left with me (in cash) about 35O/ including a sum to be received of Mrs
Bovey for the balance of her account; at which time provisions were greatly wanted, there
not being 20 barrels of meat in all your stores in the province. I had then no other
prospect of answering the sum of money due or of supporting the people either for
account of establishments or encouragements for industry than the expectation of the sum
of 3000/ which Mr Oglethorpe acquainted me you intended to send to make good the
calculated charges to 25 March 1737. As the stores stood thus exhausted I had no way to
answer the most pressing demands of those who had money due to them but by parting
with what cash I had in such small payments as might give the best content, whereby I
was in a short time out of cash also. To supply this defect which Mr Oglethorpe well
knew would happen, he engaged Messrs Montaigut & Co and wrote to Messrs Jenys &
Co to supply me with cash on the credit of the expected bills, to negotiate them (when
arrived) or other bills in their stead to their value. The former I may venture to say
promised to comply with this request but the latter answered me with a denial and gave
for reason that those bills could not have the protection equal to bills of exchange. In the
month of December 1736 I applied to Messrs Montaigut & Co pursuant to their promise,
having then an opportunity to buy upwards of 100 hogs but could not obtain one farthing
till I drew a bill of exchange on Mr Oglethorpe for 5O/ (having his leave for so doing) on
my own account, which I thus expended to supply the stores with provisions then much
wanted at the southward and accordingly at that time advised Mr Oglethorpe. As you did
not think proper to transmit more than one half of the sum expected it consequently
occasioned larger arrears at 25 March 1737 than would otherwise have been left, but what
added yet more to the distresses of the colony was advices from Commodore Dent at
Jamaica that the Spaniards had prepared for an immediate descent upon us. I am certain
you will easily believe that in these circumstances every soul in the colony must be in
extreme surprise when the stores were exhausted, no immediate prospect of supply, and
an enemy hourly expected. For my own part, though lives of self and family must be as

I/ AMERICA AND WEST INDIES 1739 II

dear to me as others, it was the least of my concern, being much more anxious how to ease
the people in their distress by executing the trust reposed in me to their comfort. In this
condition it was impossible to control the attempt of making a fort then unanimously
required as necessary for the safety of their lives. But though this alarm ended without
those consequences that were (at first) apprehended, it not only added very much to the
immediate expense of the colony but also prevented in a great measure the use that would
have been made of the then planting season and added to the distresses of the people in the
following year. Had your resolutions concerning the intended expense for the year 1737
come to my hand in any due time it would have been in my power to have avoided a very
great deal of the expense of that year, but as those orders did not arrive till i November it
was impossible for me to make any considerable savings. The arrival of Col Stephens at
this time as your secretary gave me hopes that I might in some measure be relieved,
especially as to such matters wherein my own judgment had hitherto been my only guide.
I, therefore, from this time communicated the generality of my actions to him and seldom
executed anything without his concurrence. And I cannot help saying the calculation of
expenses was so greatly short of the charge which necessarily attended them that therefore
I rather chose not to proceed (without such concurrence) in the execution of some of
them than to have hazarded your approbation of what must (in such case) [have] been the
act of my own judgment.

In the northern division the charge of the settlement at Augusta in your establishment
computes only the pay for a captain, lieutenant and fifteen private men without any
allowance for a sergeant and a constable, provisions boats, arms, ammunition and incident
charges that must naturally attend a settlement so remote in building a fort, raising of
food and cultivating a friendship with neighbouring Indians: to effect which Capt Lacey,
being sensible he should be exposed to all the obstructions that his neighbours of Carolina
could throw in his way, thought it necessary to hire several labourers that he might lose
no time in raising food which would not only be a more immediate support to the
garrison but also be an inducement to other industrious people to join them. He also
thought it necessary to take a journey into the Cherokee nation and thereby preserve as
much as possible the friendship already cultivated by his former journey and therein to
acquaint them of such matters as were contained in Mr Oglethorpe's instructions and
your message transmitted to me; and notwithstanding all his endeavours to avoid it, six
principal Indians of that nation would come with him to Savannah to whom it was
necessary to make the usual presents. That these unavoidable occurrences were attended
with a large increase of expense [there] can be no doubt but as a further justification of my
defraying so considerable a charge I have enclosed a copy of Capt Lacey 's written orders.
I apprehend I do not flatter myself if I think those orders were sufficient, it being very
evident that everything done on that account has had its desired effect, the Indians on that
quarter being in perfect friendship, the fort completed, and the charge of provisions much
lessened; in opposition to which the greatest part of the provisions thought to have been
secured for them (on the Carolina side of the water) was artfully directed another way and
many contrivances and false reports set on foot to irritate the Indians against the garrison,
it being too advantageously situated for the enemies of the colony to see with pleasure.

The support of the Salzburghers at Ebenezer is wholly left out of the account of
expenses, or if I may support it to be included in any of those articles which are left blank
it naturally follows that sixty families of industrious people could not be supported
without considerable expenses, in defraying of which I strictly adhered to their former
establishment and made no extraordinary allowances but what Rev Mr Bolzius seemed
with good reason to desire. I humbly imagine that you will easily believe that Fort
Argyle, every scout-boat and garrison must be also attended with a variety of expense, the

12 STATE PAPERS COLONIAL [17

particulars of which generally arising from unforeseen causes could not be known when
they happened. There is also a great increase of expense that has necessarily attended the
sawmill and cowpen at Ebenezer in provisions, boats and labour. The expenses calculated
for making the western road provides only for the pay of ten men and makes no
allowance for provisions which is also their due. But as the execution of that order was
committed (by Mr Oglethorpe) to Mr Robert Williams I humbly hope that the
extraordinary many expenses thereon will not be imputed as my act, I having frequently
given notice how far your orders permitted me to go and would have stopped the work
had not Col Stephens joined him in opinion that the expense was necessary, ought to be
continued, and would certainly be approved of, that I might safely continue the work till
the arrival of the general and need not doubt but as he had given the orders to Mr
Williams he would support them with your approbation. However, I prevailed so far as
to reduce the number of labourers from 17 to 10 men, and as that account remains open I
have delivered a copy to Mr Jones to adjust the same with Mr Williams.

I must further observe that, notwithstanding the calculation of the general expenses,
your orders of the same date repeated your commands for support of the outsettlements,
those who industriously applied themselves to cultivation of land, and those who were
(anyways) distressed throughout the province. As the extent of expenses of this kind then
naturally depended on my own discretion as occasion required, hard would be my lot if
under such general commands the ill success attending my endeavours to obtain the ends
which you thereby seem to be so anxious for should be imputed to my conduct. The
addition of servants to the colony by Capt Thompson and Capt Hewitt in December
1737 was a new charge on the store subsequent to your calculation of expenses, every one
of which servants (at a medium) costs jl per annum. As to the general support of the
colony and providing of stores in so large a manner, I must further add that in April 1738
I received fresh advice supported by affidavits that a great force of men and vessels from
Havana were arrived at St Augustine and might be daily expected to attack us. In these
circumstances the industrious people having been from time to time disappointed of the
fruits of their labours in planting and wearied with their endeavours, I could not help
joining in opinion (which every understanding man here will allow to be right) that it was
necessary to keep the stores well supplied as the means to prevent those desertions (as
otherwise) through repeated disappointments would have then been unavoidable at a time
when every man's hand was necessary to protect the public safety; and if there should be
no occasion for extraordinary issues they were ready in the store to supply every
necessary demand on the arrival of additional numbers then daily expected. And certainly
so it was and will be acknowledged that had I not made such provision HM's forces
would have suffered very much and the want would have been attended with ill
consequences.

As to the expense for support of the southern division I must beg leave to say that
Gen Oglethorpe, subsequent to your orders for certain expenses there, strictly enjoined
me not to suffer those settlements in any degree to want supplies; the application of
which being under the direction of proper officers I may reasonably hope that his
orders and their accounts will sufficiently justify me. Give me leave then upon the
whole to collect the general necessity of such a conduct. Gen Oglethorpe returned to
England in November 1736, leaving the colony in the circumstances before related,
with a full resolution to return to its succour in May or June following. That he met
with many delays which prevented the execution of his designs till 1738 cannot be
unknown to you; that during his absence and till the expected time arrived, continual
alarms from the Spaniards, the well known attempts of raising jealousies among the
Indians, and the necessitous circumstances of the colony made it requisite to use all

17] AMERICA AND WEST INDIES 1/39 1}

reasonable methods to prevent any desertions, for as such a desertion might be general
I should then have exposed myself to censures of a much higher nature and your
endeavours for obtaining a military force of the Crown might probably have been
rendered ineffectual.

The clerks of the store are preparing copies of books and accounts agreeable to your
orders and doubt not but my good intentions for the welfare and safety of the colony will
be sufficiently manifest, and I shall ever esteem it my happiness that, though my actions
should not meet with suitable approbation, my principal aim was obtained in keeping the
people together without drooping under their disappointments or being anyways
intimidated by the threats of their enemies. And as this was the scope of my action I might
easily expect that mistakes of a lesser consequence would have been treated with lenity
and indulgence. I should be very far from being uneasy at the different measures you are
pleased to take for the executing the business of the colony did I not meet with far
different treatment than what is expressed in your letter to me. But lest I should be
supposed to prefer complaints concerning what may appear harsh to me before my own
justification, I shall for the present only pursue that defence necessary for the character of
every honest man and upon the common right of justice may expect a suspension of your
belief concerning what is laid to my charge till answers can be given. Your orders and the
proceedings thereupon give me just apprehension that somebody has basely charged me. I
therefore pray to be acquainted with the particulars (without which) as no man can
answer he ought not to suffer. When I consider the services which without any view I
have performed for near six years, your own approbation of my conduct on several
occasions, and Mr Oglethorpe's assurance in full terms that you would never condemn
me on any charge till I had been heard, I am at a loss to know why I am (not only)
divested of all your favours but also prevented by an arrest from getting my bread
elsewhere. The former I confess would have been less grievous had it been done in such a
manner as to have acknowledged my services, but when contrariwise, accompanied with
the latter, can now appear to me in no other light than a condemnation without being
heard and consequently unjust.

The inventory of the stores at Savannah, taken 29 September last, has with the remains
been delivered to Mr Thomas Jones together with several extracts of expenses which was
judged necessary to be immediately transmitted. I have also delivered him Mr Bradley's
whole accounts, the prodigious expense of which will be sufficient reason for all my
complaints on that head. Having moved the town-court at Savannah to name another
trustee to the orphans I obtained the order enclosed which I doubt not will be put in
execution. My cash accounts is now under the examination of Mr Jones and I hope that,
when you shall see how far I have devoted myself to the service of the colony and
neglected all advantages which many men in my station might and probably would
(without reflection) have made, sacrificed every minute of my own and family's time and
all my goods, eatables and drinkables, to Indians and strangers for the sake of the colony
and its safety, expecting only such rewards as might flow from you and generosity, you
will remove those clouds which eclipse my character and reward my service. I cannot
conclude this my address without mentioning the unequal task I have laboured under
from my first arrival in the colony, with what difficulties I have sustained the weight of
public business, what solemn application I made to Gen Oglethorpe before his last return
to England and what entreaties I afterwards made to Rev Mr John Wesley, his brother,
and Mr Ingham, to intercede with him that I might be relieved from it, how steadily I
have adhered (against a torrent of opposition) to your plans, regulations and the execution
of your laws regardless of enemies who perhaps (on that account) will never be
reconciled. From such known behaviour I may reasonably not only expect protection but

14 STATE PAPERS COLONIAL [l8

reward and not to be condemned without proof or conviction. Signed. 8 pp. [CO 5/640,
ff 25/-26od; signed duplicate, endorsed Reed. 5 April 1739, at ff 261-264^]

18 Thomas Jones to James Oglethorpe. The just regard I have for your

January 14 honour and the Trustees' interests oblige me to trouble you with this
short account of some occurrences, out of many, that daily happen
here. Mr Causton has at length contrived his cash account (of which I have a copy)
whereby he makes the Trustees indebted to him in a balance of /So/. He triumphs much
thereat. I have looked into the account and can without examining the vouchers discover
that for two years last past several sums of money are said to be paid to persons as by their
receipts whereas they received no money of him but effects out of the store to that value,
and that not placed to their accounts nor any mention in their books of those effects being
issued. Several sums paid to others in discharge of his own debts to whom the store was
not indebted. He has given drafts to others on persons (not indebted to the Trustees)
which have been protested, having obtained a receipt for those drafts as cash, but will not
repay the money. I am not so much surprised at anything of this nature that he has or may
undertake, but that others who I thought to be pure of reputation and upright in their
dealings should combine with him in the same fraudulent designs has disturbed me
greatly: Minis, Woodroffe, Brownfield, etc. Mr Brownfield's demand on the Trustees is
greatly enhanced since the account given me of his balance in October. His going to
Oxtead of late and tarrying there several nights and his joining in the representation,
contrary to his judgment which he had declared to me, gave me a jealousy that the
conjunction of such opposites portended some extraordinary event. I examined Mr
Brownfield's account (as in the storebooks) for one year past and found several sums of
money to the amount of near /o/ (within that time) charged to the Trustees' account
which by his bills of parcels appeared to have been placed to Mr Causton's private
account. All the sums before March last had been certified by Mr Causton to have been
delivered to the stores for account of the Trustees (which certificate has been paid in
England). I took a copy of the certificate and went to Mr Brownfield. I asked him whom
he made debitor in his books for those sums of money. He told me Mr Causton, being
goods he had sent for to his own use but Mr Causton had agreed lately to charge the
Trustees with them. I showed him the copy of the certificate and asked whether he did
not know (when he received it) that the allegations therein were false and that Mr Causton
had therein certified a manifest falsehood. He replied the greatest part of the people who
had dealing with Mr Causton had done the same. I told him that it was with concern I
must charge him with fraudulent and base actions as well as ingratitude and that other
people's being guilty of the same fraudulent contrivances was but a thin subterfuge, that I
should in justice to the Trustees acquaint them with this scene of villainy. I do not pretend
to remember exactly what passed, being very much moved. About the same sums of
money is lately taken from Mr Causton's debt to Minis and put to the Trustees.

Last Saturday Mr Henry Parker with seven or eight of his new confederates (the
Scotch) went to dine at Oxtead and the next day a letter was found by them dropped in
the street (of three sheets of paper) directed to you. I have not seen it but Col Stephens
heard it read by Hugh Anderson (the supposed author) who took much pains to expatiate
upon it. It is the second part of their representation but more insolent. I went that evening
to Jenkins's expecting to hear somewhat of what had been contrived at their meeting. I
found there a full assembly (sixteen in number) : they were for a long time silent till at
length Dr Tallfier began the complaint of their injurious treatment by you and the
Trustees; he was seconded by Douglas and others. Then Capt Stewart (of the Charles
transport) stood up and drank Damnation to all Rogues, which was much applauded.

2l] AMERICA AND WEST INDIES 1/39 15

They asked me whether I would not drink the health: I replied that unless they would
name those they called rogues and explain what they meant by damnation I should not do
it, having never been used to cursing. They then dropped it and fell into their silent mood.
Mr Causton has by his mean arts been successful in corrupting the minds of people of all
degrees and has reconciled some of the greatest enemies to one another such as Parker and
Fallowfield, Bradley and himself. He dined at Bradley's lately and has in Bradley's case
followed the example of the unjust steward in the gospel, which shall explain fully to you
when you give me the pleasure of waiting on you; in the meantime shall endeavour to rub
on in the midst of insults and endeavour to guard against the snares which are daily laid
for me. Mr Parker came to the store last Saturday and would have me issue 100 bushels of
corn to Mr Causton and also some of the damaged corn for his hogs at a certain value
which he would return in kind the next year. I told him that, the other provisions being
near exhausted in the store, the only relief that could be given to the poor people must be
corn until a fresh supply came. He said he would go to Col Stephens and talk with him. I
had been before with Col Stephens (being apprised of the design) and told him that if they
gave me such unreasonable directions about issues out of the store I should not comply
therewith but would shut up the store and go to you at Frederica to receive my orders.
Whether I shall be urged again tomorrow I cannot tell but am persuaded that Col
Stephens will not agree thereto.

It is reported that Mr Causton is to go with Stewart for St Christopher's, who is near
laden and falls down the river tomorrow to take in the remainder of his loading at
Cockspur. I am persuaded Mr Causton has some such views, and what induces me to
think that this report of his going away with Stewart may be true is the great intimacy that
there is between them. Nothing but your coming soon into these parts can prevent it. Not
knowing of this opportunity of writing to you until within these two hours I cannot add
but that I am, etc. Signed. }pp. Endorsed, Mr Jones to Gen Oglethorpe, sent with the
general's letter to the Trustees dated 17 January 173 8/9. l Reed. 29 April 1739. [CO 5/640,

19 Order of King in Council appointing the five eldest Councillors of

January 17 New York, New Jersey and Nova Scotia (except Major Paul Mas-

carene) to be commissioners for marking and settling boundaries

between Massachusetts and Rhode Island. Copy, certified by W Sharpe. 12 pp. Endorsed,

Reed. 8 May, Read June 1739. [CO 5/881, ff

20 Same appointing Nathaniel Bascome, William Riddell and John Harvey
January 17 to fc> e o f tne Council in Bermuda. Copy, certified by W Sharpe. 15 pp.

Endorsed, Reed. 8 May, Read 8 June 1739. [CO 37/13, ff 79, 79d, 82,
82d; entry of warrant, dated 31 January, for admission of Harvey, in CO 324/37, p 122]

21 Same confirming Act passed in Bermuda in August 1738 for laying duty
January 17 on whale-fishery. Like Order confirming Act for making addition to

salary of Governor Alured Popple. Like Order confirming Act for
paying ioo/ yearly to Governor Popple. Copy, certified by W Sharpe. if pp. Endorsed,
Reed. 8 May, Read 8 June 1739. [CO 37/13, ff 8o-8id]

'No letter from Oglethorpe of this date has been found in the CO records.

l6 STATE PAPERS COLONIAL [22

22 Commissioners for Trade and Plantations to the King proposing
January 17 Edward Jessup to be of the Council in St Christopher's in the room of

Whitehall William McDowall who has desired to resign. Entry. Signatories,
Monson, Edward Ashe, Arthur Croft, R Plumer. i p. [CO 153/16, f 153]

23 Same to same proposing Benjamin King to be of the Council in Antigua
January 17 m t ne room of Sir William Codrington, deceased. Entry. Signatories, as

Whitehall preceding, i p. [CO 153/16, p 154]

24 Same to same proposing James Murray to be of the Council of North
January 17 Carolina in the room of Edmund Porter, deceased. Entry. Signatories,

Whitehall Monson, Edward Ashe, A Croft, R Plumer. i p. [CO 5/323, p 265]

25 Minutes of Trustees for Georgia. Thomas Archer reported the meeting
January 17 o f t he committee with the Chancellor of the Exchequer. The Trustees'

Palace Court application, being a civil matter, could not be put in the estimates ;
application must be by petition to Parliament. Entry, i p. [CO 5/687, p 100]

26 Governor Jonathan Belcher to Duke of Newcastle. About two months
January 18 a g O I ma de a visit to New Hampshire and met the Assembly there who

went through the necessary business of the province in about three
weeks; and I now enclose to you the laws and orders that were passed during that session.
The people there as well as in this province are earnestly desirous that the matter of the
boundaries between this province and that may be brought to a final issue, and I beg your
favour and compassion to HM's subjects that this affair may be dispatched. Signed. 2
small pp. [CO 5/899, ff 358-359d]

27 Unsigned letter to Trustees for Georgia offering to arrange dispatch of
January 22 hired servants to the colony, to foster cultivation of hemp, silk and flax,

and to put up 5 or 6ooo/ for the purpose. PS. Reply to Mr Brookes, to be left at Dr
Burton's at York. 2 pp. Addressed. [CO 5/640, ff 267-268]

28 Order of Committee of Council for Plantation Affairs directing
January 23 Commissioners for Trade and Plantations to furnish a state of the

evidence in the complaint of Chaloner Jackson, collector of Customs in
the Bahamas, against Governor Richard Fitzwilliam. Seal. Signed, W Sharpe. 4 p.
Endorsed, Reed. 8 February, Read 9 February 1739. [CO 23/4, ff 55, 55d, 58, 58d]

29 Thomas Hill to Francis Fane sending three Acts passed in Pennsylvania
January 23 f or opinion in point of law as soon as conveniently may be because of

the little time allowed by the charter for repeal. Titles stated. Entry, i? pp. [CO 5/1294,
PP i I3- 1 '4]

30 Governor Jonathan Belcher to Commissioners for Trade and Planta-
January 23 tions enclosing duplicate of letter of 20 December to which you will

please to refer as to the state of the bills of credit passing here and in the
neighbouring colonies. And I am now to address you in answer to the enclosed request to
me from HM's Council and the House of Representatives of this province in their present
session respecting a bill they have passed for emitting 6oooo/ in bills of credit. This bill is
much of a nature with that I sent to you in January last, on which I have been expecting

32] AMERICA AND WEST INDIES 1/39 17

your sentiments and hoping for HM's leave that such a bill might pass into a law here. I
am to pray you to read what I now write with attention and to come to some speedy
resolution on an affair so nearly affecting the honour and safety of this HM's government
and the peace, good order, and welfare of his people who are numerous and their trade
various and extensive; and the only medium for carrying it on for more than thirty years
past has been bills of credit in lieu of silver and gold which is as constantly exported to
Great Britain as it comes hither. In conformity to HM's i6th instruction to me all the bills
of this province must be drawn in by the end of 1741, and if nothing be substituted in
their place it may produce in a manner of stagnation of all trade and other great
inconveniences to the government and people. And as this bill is the best calculated to
maintain the value of the bills that shall be emitted in consequence of it of any that has yet
been passed in this province, I would pray your interposition in a matter of so great
importance to HM's honour and service and to the prosperity of the subjects of this
province which the bringing of this bill into a law will so much advance. But withal I
would propose it should be made a condition in the royal leave for signing this bill that
the Assembly be obliged to pass a bill at same time for drawing in all their outstanding
bills at their several periods and according to the Acts they have already passed for that
purpose. I beg you to give this matter all convenient dispatch and to honour me with your
answer upon it. Duplicate. Signed. 4 small pp. Endorsed, Reed. 8 March, Read 13 March
1739. Enclosed:

30 i Address of Council and House of Representatives of Massachusetts to
Governor Belcher requesting his endeavours to obtain passage of bill for emission of
bills of credit. In Council, read and accepted, 13 January 1739. In House of
Representatives, read and concurred, 13 January 1739. With answer by Governor
Belcher, dated 16 January 1739, promising his best offices. Copy certified by Simon
Frost. 3 small pp.

30 ii Act of Massachusetts for emission of 6oooo/ in bills of credit. Copy certified
by Simon Frost, deputy secretary. 6 pp. [CO 5/881, ff 72~

3 1 Thomas Hill to Charles Carkesse sending extract of letter received from

January 24 Governor Popple for the opinion of Commissioners of Customs

\V/L * L 1 1

whether it may be for HM's service to settle Customs officers in that
part of the government of Bermuda called the Country. PS. Copy of HM's instructions to
Mr Popple on that subject also sent. Entry, i p. [CO 38/8, pp 304-305]

32 Capt Charles Watson to Thomas Hill enclosing answers to queries with

January 24 scheme of French fishery, which I have endeavoured to get the truest

account of that was possible and been careful to make all necessary inquiries concerning

the fishery of Canso. Signed, i small p. Endorsed, Reed. 24 January, Read 25 January

1739. Enclosed:

32 i State of the strength, trade and fishery of Cape Breton Island for 1738.
The garrison of Louisbourg on the Island of Breton consists of seven companies:
one Swiss containing 120 private men, a captain, a lieutenant, two ensigns, four
sergeants, four corporals, three drums and a fife; the other six companies have only 60
private men in each, a captain, a lieutenant, two ensigns, two sergeants, two corporals
and one drum. At Port Toulouse is a company of 60 private men. At Port Dauphin is a
lieutenant, an ensign, a sergeant, corporal, drum and 20 men. At the Island of St John's
in Bay Vert is a lieut-governor, a lieutenant, an ensign, sergeant, corporal, drum and
40 men: here it is the governor of Cape Breton yearly meets the Indians and delivers to
them the King of France's present. The grand battery of Louisbourg mounts 44 guns

l8 STATE PAPERS COLONIAL [32

of 48-pounders and two towers four of the same weight. A battery on the same island
at the entrance of the harbour mounts 26 guns of 36-pounders. The Dauphin's battery
at the towngate mounts 24 guns of 24-pounders, the Queen's battery 16 guns of
i8-pounders, and on the quay are 6 guns of i8-pounders; there are likewise several
large cannon not mounted. There comes yearly to Louisbourg a man-of-war of 50 or
60 guns. In the harbour of Louisbourg this year has been 50 merchant ships from 100
to 300 tons, and at the several harbours in and about the island 35 or 40 more, all to
load fish. There are by computation 50 sloops and schooners belonging to Breton
which fish on the banks and make about 500 quintals of fish each, besides 400 shallops
belonging to the several harbours that make about 250 quintals each. Several English,
Scotch and Irish sailors are in their merchant service. 12 small pp.

32 ii Answers to the several queries from the Commissioners for Trade and
Plantations relating to the fishery at Canso.

What is the number of inhabitants now settled at Canso? Six families. By whom is
the fishery carried on at Canso and parts adjacent? Entirely by New England men.
What sort of vessels are employed in that fishery, from whence, of what bulk and
denominations, what number of hands do they carry, and in what manner do they pay
their servants, in money or in shares of the fish they take? In schooners from New
England, from 25 to 40 tons, 5 or 6 men each, paid in shares. Whither do they chiefly
carry their fish for sale? To Spain and Portugal, and to the plantations. Is their fish
chiefly carried to market in the same small vessels that take it or in sack ships, if in sack
ships, from whence are they fitted out and where do they furnish themselves with
provisions and other necessaries? Carried to foreign markets in sack ships and to New
England in the same vessels that catch them; the sack ships fitted out, some from
Great Britain and the rest from New England; the former furnish themselves with
everything necessary in Great Britain and the latter likewise in New England. Are
they possessed of any stages, cookrooms, trainfats, flakes or other conveniences for
drying and curing of fish, and do they let out any such conveniences to the fishermen
and at what rates? They are neither possessed of stages, cookrooms, trainfats, flakes or
other conveniences for drying of fish; they are altogether the property of the New
England men who go thither annually to fish and use the same manner of salting,
curing and drying them as is practised at Newfoundland. Are the houses and
enclosures of the inhabitants at such distance from the waterside as not to hinder the
fishermen in curing and drying their fish? The houses in general are properly situated
at a convenient distance not to hinder the fishery. Do the inhabitants concern
themselves with the fishery, if not, how do they employ themselves and subsist their
families? The inhabitants are poor and industrious, assist the fishery, and use all lawful
methods to subsist their families. What are the methods used in curing of fish and how
much salt to each hundred quintals? Salted in the schooners on the banks; brought by
them to the shore and then thrown on the flakes and cured as usual; 10 quintals of salt
to 100 quintals of fish.

You are to inquire whether any of the officers of the garrison at Canso are
concerned in the fishery or whether they take upon them to dispose of beaches, stages,
flakes or other conveniences on shore to any person whatsoever, or hire out the
soldiers to fish.

As far as I can learn the officers of the garrison have nothing to do with the fishery
nor do they take upon them to dispose of beaches, stages, flakes or other conveni-
ences, or at any time hire out the soldiers to fish. 2! pp.

34] AMERICA AND WEST INDIES

32 iii State of the cod fishery at Canso for 1738

Vessels

From No Tons Quintals
Whence of of Fish

Men Made

New 120 900

schooners
of 45 tons

England

48000

New 200 1000

schooners
of 25 tons

England

Quintals Quintals

Shipped to Carried

Foreign to the

Markets Plantations

Whither
Bound

20000

Plantations

Fish carried in schooners and shallops to the island [of] Breton: 8000 [quintals].
Sack Ships Lading at Canso in 1738

Ships Names From whence

Men

Tons Whither Bound Quintals
Shipped

St Thomas Southampton

100 Bilbao 1880

Henry & Virginia
Benjamin

70 Portugal 1700

Pegasus

London

1880

Boston

1860

Mediterranean

Eagle

Boston

1580

Ann

2060

Ethereld London

2660

Mayflower

Spain 2600

Betty

> Boston

1800

Kingston

60 Boston 2000

20020

Masters and Mates ventures

1980

22000
State of the Whale Fishery at Canso in 1738

Only three vessels came in which had no success, i p. [CO 217/8, ff 34~39d]

33 Certificate by Governor Gabriel Johnston that Nathaniel Rice is Clerk

January 24 o f Council of North Carolina. Signed. 2 p. Enclosed:
33 i Minutes of Council of North Carolina, 8 September 1737 to 21 November 1737.
152 pp. Signed, Nathaniel Rice. Endorsed, R, 16 May 1739. [CO 5/309, ff 155-1640!]

34 List of Council in Nevis, received from Thomas Butler, agent. Resi-

January 24 dent: Michael Smith president; James Symonds; James Browne; Carew

20 STATE PAPERS COLONIAL [35

Brodbelt; Charles Bridgwater; Thomas Pym [in another hand: absent]; Thomas Herbert;
John Williams jnr. Absent: Thomas Butler in England; James Mellicken in Scotland;
William Pym Burt resides in St Christopher's; Daniel Smith in London; William Clarke
in London. Signed, Thomas Butler, i small p. Endorsed, Reed., Read 24 January 1739.
[CO 152/23, ff i8od, 182]

35 List of Council in St Christopher's, received from Richard Coope,
January 24 agent: Joseph Estridge president; Sir Charles Payne Kt and Bart;

Charles Pym; John Douglas; Joseph Phipps; Abraham Payne; John Williams; John Mills;
Rev Walter Thomas. Absent: William McDowell in Scotland; James Milliken in Scotland;
Edward Man in England, i small p. Endorsed, Reed., Read 24 January 1739. [CO 152/23,
ff 181, i8id]

36 Minutes of Trustees for Georgia. Read letters received from Gen
January 24 Oglethorpe and others, and a petition from the old freeholders at

Frederica; referred them to committee of correspondence. Resolved
that committee of any three Trustees should prepare petition to Parliament. Entry. 2 pp.
[CO 5/687, pp 101-102]

37 Francis Fane to Commissioners for Trade and Plantations reporting no
January 25 objection in point of law to Acts passed in Pennsylvania in 1738 for

laying excise on wine and spirits, for replacing trustees of general loan office of
Pennsylvania, and for supplementing Act imposing duty on persons convicted of heinous
crimes and to prevent persons being imported into the province. Signed, f p. Endorsed,
Reed. 29 January, Read 2 February 1739. [CO 5/1269, ff

38 Minutes of Common Council of Georgia. Agreed to report of commit-

January 31 tee t hat executors of Samuel Wagner of Hampstead, deceased, may
dispose of his lot to any person not having land in Georgia, the
purchaser to be approved of by William Stephens. Agreed to report of committee that
Samuel Hurst and John Pye, clerks in the store in Georgia, be given gratification for
clothing and be discharged, if they wish, when the accounts of the store shall be made up.
Ordered that 5oo/ in sola bills be sent to Georgia for defraying the most necessary
services, with directions for issuing and accounting for them. Ordered that 15 tons of
strong beer be sent to Gen Oglethorpe, the proceeds thereof to be applied to the
maintenance of the Trust's servants. Resolved that William Cookesey be allowed to clear
his debt to the Trust at io/ a year; but, as no person may mortgage or alienate land in
Georgia without licence, the mortgage on his town-lot is void. William Stephens to
inquire into circumstances of his application for 180 acres. Ordered that 6oo/ in sola bills
be sent to Georgia for maintenance of the Trust's servants who are to be employed in
building church at Savannah and cultivating lands for religious uses in southern parts of
the colony, with directions for issuing and accounting for them. Ordered that sola bills to
the value of 4O/ be sent for payment of Rev John MacLeod, missionary at Darien, that
being the sum received from Adam Anderson on behalf of SPCK (Scotland) for that
purpose. Resolved that Gen Oglethorpe be indemnified against the endorsement of the
sola bills; seal to be affixed to act for that purpose. Resolved that committee of
correspondence do send instructions for the special application of sola bills to the
purposes for which they are sent. Entry. 65 pp. [CO 5/690, pp 190-196]

43] AMERICA AND WEST INDIES 1/39 21

39 Minutes of Trustees for Georgia. Read letters received from Gen
January 31 Oglethorpe and others; referred them to committee of correspondence,
alace Court ^ r Bradley to b e secured and prosecuted. Approved petition to House

of Commons for a supply. Received from SPCK (Scotland) 40? by Adam Anderson to be
paid to Rev John MacLeod, their missionary at Darien. Resolved that three Trustees wait
on the Chancellor of the Exchequer to represent to him that, because of the costs of
military defence of Georgia and other expenses, they are obliged to apply for 2oooo/.
Entry. 2\ pp. [CO 5/687, pp 103-105]

40 Traders, etc of South Carolina to Duke of Newcastle. This application
[No date] 1 [ s occasioned by a paragraph in a newspaper wherein Mr Glen is named

for the government of South Carolina, a place of such consequence as requires a person of
abilities and great experience, of which we are afraid this gentleman may be wanting, who
we are informed is young and a stranger to public affairs either civil or military. It is
therefore hoped you will not be guided by any recommendation of his friends without a
particular enquiry into the character of a person who, though he may be otherwise a man
of merit, yet may not be truly qualified for an appointment of this nature wherein the
dignity of HM and the interest of trade of so flourishing a young province are so much
concerned. Copy, i p. [CO 5/388, ff i/i-i/id]

41 John West to Harman Verelst requesting consent of Trustees for
February 1 Georgia for his return to England because of illness, and licence to

dispose of his land and possessions in Georgia. Signed. Illiterate. 2 small pp. Addressed.
[CO 5/640, ff 269-269 A]

42 John Yeamans to Thomas Hill enclosing the following. Signed, i small
February 2 p. Endorsed, Reed., Read 2 February 1739. Enclosed:

42 i Ordnance Office, 27 September 1735. List of ordnance stores supplied to
Antigua. Copy, i p.

42 ii State of the Council of Antigua. Gilbert Fleming, lieut-general, in England;
Edward Byam, lieut-governor, in Antigua; Nathaniel Crump in Antigua; John Frye
in Antigua; George Lucas in England but going over; George Thomas in Pennsylva-
nia, governor thereof; John Duer lately resigned; John Vernon in France; Josiah
Martin in New England; Charles Dunbar, Councillor in all the islands, resides chiefly
at Antigua; Samuel Byam in Antigua; Edward Byam in New York government: it is
apprehended this last gentleman was never appointed; Benjamin King lately prop-
osed, in Antigua, f p.

42 iii State of Council of Montserrat. Gilbert Fleming, lieut-general, in England;
Thomas Diggs, lieut-governor, succeeded by Forbes, deceased, succeeded by Col
Carpenter now in England; George Wyke in Montserrat; Richard Cooke in
Montserrat; James Cruickshanks resigned; John Daily resigned; Simeon Bouveron in
Montserrat; George Wyke jnr in Montserrat; John Roynon dead; John Osborne in
Montserrat; John Webb in Montserrat. \ p. [CO 152/23, ff i83~i88d]

43 Governor William Mathew to Commissioners for Trade and Planta-
February 5 t ions sending duplicate of minutes of Assembly of St Christopher's to

Antigua I2 5 e p tem ber 1738, and duplicate of minutes of Council of Montserrat
for quarter ending Christmas last. John Williams, member of Council of St Christopher's,

'Late 1738 or early 1739. See Cat SP Col, XLIV, no 507.

22 STATE PAPERS COLONIAL [44

died a few days since. Signed, i small p. Endorsed, Reed., Read 10 April 1739. [CO
152/23, ff 205, 205d, 208, 2o8d]

44 Harman Verelst to James Oglethorpe to be forwarded to Georgia by
February 5 the lieut-governor of New York. On 29th of last month and not before,

Georgia Orhce ^ Trustees received your letter dated 19 September last giving an
account of your arrival in Georgia. They had applied for a supply to Mr Chancellor of the
Exchequer and prepared a petition to Parliament before the receipt of that letter. Your
letters of 7 and 19 October were received on 22nd of last month which occasioned the
Trustees to resolve to amend their petition and apply for the payment of debts by
unforeseen accidents and therefore not provided for in the grant of the last session in
Parliament, resolving to get as much as possible granted this session. The papers you sent
with your letter of 7 October were also received and the Trustees, out of a due concern
for the welfare of the colony and to ease you as much as possible under the great weight
you labour in that faithful discharge of the trust reposed in you, have agreed to your
directing the issue of the 5oo/ in sola bills which you took over with you and are to be
issued for the support of the most necessitous objects and for assistance of the industrious
inhabitants; and the Trustees have reserved money in the bank for the payment of them
on their return to England. They have also agreed to send you by Capt Shubrick (whom
Mr Revel has engaged to go to Georgia i5th inst with 40 tons of provisions for your
regiment) 1 5 tons of beer in barrels, the use and produce whereof is to be applied for the
Trustees' servants to be employed in cultivating lands for the religious uses of the colony,
being to be paid for out of that money. They have also agreed to send you by the same
ship 6oo/ more in sola bills for the use of their servants and have reserved 4OO/ out of the
money for building churches and 2oo/ out of the money for religious uses to answer them,
and the servants' labour in those services or the produce thereof must be so applied.

The Trustees, when they know their success in Parliament, intend to send over a
commission to state and determine the public debts in Georgia and for that purpose to
name William Stephens, Henry Parker and Thomas Jones, who are to sign to each
account what shall appear due to be paid in England and thereby to discharge the effects
in Georgia from any claim, that they may be applied for the service of the colony until the
arrival of the sola bills to be sent after the next supply is voted for the support of the
colony for the ensuing year. The Trustees are very sensible of the difficulties you labour
under and the dangers you are exposed to and bless God for your great deliverance in the
late mutiny. They much approve of your conduct under these hardships and are truly
animated with a most commendable zeal for the preservation and welfare of the province,
which you have endured so many fatigues and gone through so many eminent dangers in
the establishing of. They are very sensible of the Spaniards' desire to possess it, but as it
never has been (to the Trustees' knowledge) possessed by them they have reason to hope
it never will. As to Mr Causton's and Mr Bradley 's conducts the same commissioners will
be empowered to examine and determine thereupon, and the Trustees expect that the
same care should be taken for Mr Bradley 's giving security to answer the event as well as
Mr Causton's. This comes by the way of New York in hopes to reach you before Capt
Shubrick's arrival. Entry. 2 pp. [CO 5/667, pp 209-210]

45 Commissioners for Trade and Plantations to Lieut- Governor George
February 6 Clarke acknowledging letters of 22 October and 21 November 1738. In

the first you acquaint us with your having dissolved the Assembly, and
at the same time for your reasons of so doing you refer us to the papers enclosed therein.
We have considered them very maturely and thereupon have thought proper to give you

46] AMERICA AND WEST INDIES 1739 2}

by the first opportunity this early testimony of our approbation of your conduct in this
affair. You certainly have acted as became you, both in communicating your instructions
to them and in adhering to it yourself. We hope when the next Assembly meets you will
find a better disposition in them to concur with you in such measures as are necessary for
the support of the government and we would recommend to you to cultivate a good
understanding with them; but should you have the same difficulties to struggle with, we
still promise ourselves that no consideration will induce you to come into a bill for
sinking the paper money unless a proper provision be made for the support of the
government. As to the answer you made to part of the message sent you by the Assembly,
that you could not give your consent to the appropriation of the money, we must observe
that the right of issuing of money, when given by the Assembly, belongs to you as HM's
governor, as also the appointing the officers necessary for that purpose, but the
appropriation of it is in the Assembly agreeable to the constitution of England. Your
other letter, which takes notice of your interview with the Six Nations and of the
advantages you hope to receive from it, though not so great as you had expected, gives us
another opportunity of commending your conduct; and we doubt not but you will
continue to use the same vigilance as you have hitherto done in preventing the French
from gaining any footing among the Indians, as nothing can be done of that nature which
will not affect our commerce in the most sensible manner. Entry. Signatories, Monson, M
Bladen, Edward Ashe, R Plumer. 22 pp. [CO 5/1126, pp 82-84]

46 William Stephens to Trustees for Georgia. Very little has occurred to

February 6 me worth your attention since my last of 2 January whereof I now send
Savannah copy together with a continuation of my journal, from whence your
ready discernment may in a great measure lead you to judge how affairs in general stand
with us at present here. As to what has been doing in the south it would ill become me to
make a narrative of matters not within the compass of my knowledge, especially when
they have been so closely under the general's own eye for a good time past so that what
intelligence you have from thence to be sure comes pure and genuine as from a
springhead, whilst I find myself often under some difficulty in separating truth from
falsehood, lest in taking things on their first appearance, perhaps disguised, I should fall
into unpardonable mistakes. I would not be misunderstood here to mean any of those
inquiries which are immediately under Mr Jones's discretion relating to Messrs Causton
and Bradley: they are mysteries too deep for me to attempt the fathoming, and I can make
no doubt but Mr Jones gives you information from time to time what progress he has
made, etc, though whatever letters he may have wrote to England none have taken place
in the ordinary packet which I send and run the common risk with others in case he has
sent any. It is sufficient for me (as I humbly apprehend) so to do my best in narrowly
watching the dispositions and actions of people here in general, together with what steps
(or of late I may say large strides) they take towards making themselves more and more
uneasy, that the truth of everything may appear as it is, which I have endeavoured in those
daily observations I have made.

Howsoever unacceptable it may be to you or disagreeable to myself, I think it is
incumbent on me now to lay before you a new list of the freeholders of this town, etc, by
comparing which with what I sent you soon after my first coming here you may see the
difference and how that set of people are decreased, though the number of souls
inhabiting this part of the colony is certainly multiplied, reckoning the foreigners that
have been imported with their families who are mostly employed in service either of the
Trust or private persons; many of them likewise have been disposed of in the south. I had
it in my intention to make a perfect list of the numbers of men, women and children

24 STATE PAPERS COLONIAL [47

distinctly but we are at present in such a fluid way and so many alterations almost daily
happen that what I cannot set down with certainty I conceive is better deferred a while till
we return to a more fixed and permanent state, which in good time I make no question
will come to pass and that this froward infant of six years growth, which has been
tenderly nursed, will learn to do more for itself than hitherto has been done, though I dare
not venture to answer for the immediate amendment of some peevish and dogged
dispositions who make their own will their only guide. It must not now be denied that
there are some few among those noted to be away who have taken pains and endeavoured
to live, but failing in their expectations of a crop, without help from the stores, and no
wages to be had for their labour now if hired, necessity has driven them to seek their
bread where they can find it, and whenever such can do it here they will certainly return
to their own homes. But I think I can safely affirm that the return of at least two thirds of
all that are gone off is rather to be feared than wished. It is true indeed they added to the
number of fencible men and during the vapouring of the Spaniards they were looked on as
useful; but since HM has been pleased to appoint a regular force for our defence
ploughshares and sickles I conceive at present more adapted to the use of the husbandmen
here than guns and swords, which nevertheless they ought not wholly to lay aside.

Mr Causton showing me a paragraph of his letter which he said he purposed to send to
you by Capt Thomson, wherein he alleged that at the time he meant to put an end to the
work of roadmaking under Mr Williams's inspection I prevailed with him to continue
that work a while longer believing the general would like it and procure your
approbation, I think it my duty to offer a few words the better to illustrate that passage. It
was some short time before Michaelmas last (about 10 or 12 days as I remember) when Mr
Williams told me that Mr Causton had taken a sudden resolution to break off that work,
which having no previous notice of would be very detrimental forasmuch as there was a
bridge newly framed and set up at a considerable expense over a creek on that road about
half a mile out of town and unless the road leading near to it was raised to a
proportionable height so as gradually to surmount the crown of the arch all that was done
would be of no effect; therefore he wished I would speak to Mr Causton about it and
persuade him to continue the men in that employment those few days only till
Michaelmas which would bring it to a proper period and the way to the bridge would be
made more commodious, otherwise it was not passable; which knowing to be true from
seeing it myself, I promised him that I would talk with Mr Causton upon it and when I
did so should know better how far it was proper for me to meddle in such an affair. But I
well knew that Mr Causton had sometime before reduced the number of those workmen
from 17 or 18 to 10, which I always understood to be a prudential act of saving from
himself; wherefore imagining this likewise to be so, indeed I went so far as to say when I
conferred with him that I apprehended it was not a matter of very great moment if the
men went on for a few days more as was requested considering the circumstances of
things relating to it and I could not suppose the general would think much of it, whom we
expected very soon and who (it was known presently after) was at that time landed at St
Simon's. Whereupon it was agreed to and the men all discharged accordingly at
Michaelmas, the time appointed, after finishing what appeared to be so necessary that
without it the whole road beyond must have been useless. Signed. 22 small pp. [CO 5/640,
ff 270-27 id]

47 Memorial of Henry Popple, agent of Governor Alured Popple, to

[February 6] Commissioners for Trade and Plantations requesting augmentation of
the independent company in Bermuda and supply of a complete set of arms for it. i large
p. Endorsed. Reed. 6 February, Read 7 February 1739. [CO 37/13, ff 77~78d]

50] AMERICA AND WEST INDIES 1739 25

48 Minutes of Common Council of Georgia. Ordered that stationery to
February 7 the value of 2 5/ be purchased to be carried over by Rev Mr Whitefield.

Palace Court Letters of 6 November 1738 from Mr Bolzius and Mr Gronau were
referred to committee of accounts. Read letter from Mr Urlsperger to Mr Ziegenhagen of
27 January 1739 concerning colonists setting out from Augsburg; letter of acknowledge-
ment and thanks to be sent, also letters to Daniel Wolters at Rotterdam and the English
minister in Holland. Passage of said colonists to be paid out of money appropriated for
Salzburghers. Entry. 2 pp. [CO 5/690, pp 197-198]

49 Minutes of Trustees for Georgia. Received receipt from the bank
February 7 f or ^ o / p a id i n by Adam Anderson. Sealed petition to House of

Palace Court Commons for supply. Entry, i p. [CO 5/687, p 106; entry of petition
in CO 5/670, p 374]

50 William Stephens to Harman Verelst. After so much as I wrote you in
February 7 WQ letters of 2nd and 3rd ult I may imagine you will expect me to be

Savannah more brief now, wherefore I shall avoid all rambling excursions and
come to those points only which I apprehend it necessary you should be acquainted with:
the first of which is relating to that affair of my late good friend Col Horsey whose family
might with reason expect me to be ever ready in doing them what service lay in my
power, and I am sure I am so from my heart; wherefore it really affects me very
grievously to think how ill I have been able to demonstrate it by any act of mine since I
received those letters, powers and instructions from Capt Samuel Horsey and yourself in
what manner to solicit those demands that the family in all appearances have so just a
claim to from the government of Carolina, which I formerly (more than once) wrote you
I had immediately acquainted our general with, who was then in the south but expected
here every week since, from the time I received those orders which was towards the latter
end of November, in all which time nevertheless I have not had the honour of any
commands from him relating to it. And without his advice and assistance it was not
proper for me to stir as I was very justly cautioned to act in it wholly under his conduct.
And we yet continue here daily waiting his coming to this place which was once his
delight but by degrees he seemed to grow more enamoured with the southern settlements
and the late mad behaviour of these people with their representation, etc has more and
more estranged him from it, insomuch that it has even been surmised by some he would
show them a mark of his resentment by passing by this place without stopping at the time
he first went to Charleston; but I hope he will not carry things to those extremities for
there is yet a remnant here of such as I apprehend worth more regard who never wilfully
meant to offend. (This by the by.) Till I see him or hear from him what can I say? Surely
he means nothing but good to the family which he gave such large proofs of friendship to
the father of, and as soon as he allows me to proceed it will quickly appear with what a
hearty goodwill I go about it. In the meanwhile let me entreat you to persuade them not
to suffer any ill impressions to be made as if I wanted a ready disposition to serve them,
and I am continually in hopes of an opportunity soon to convince them effectually of that
truth, but till then I have but little heart to write letters of no significance. When
opportunity offers, a ream of foolscap paper in folio and the like of post paper in ditto
would [be] very acceptable, not knowing easily under our present wants where to get it.
Little or none of what [?I had] has been applied to wrong uses and what I have seen filled
I hope has not been all wasted. Pens, ink, wax etc we have plenty of left. I had thoughts of
adding here a few small things which I should also be glad of for my own private use but I
rather postpone that till another time when I may ask your leave to mention them. Signed.

26 STATE PAPERS COLONIAL [5!

PS. Pray be so good as to forward the enclosed by the post to the Isle of Wight, i small p.
Addressed. [CO 5/640, ff 272, 2/2d]

51 Commissioners for Trade and Plantations to the King recommending
February 8 approbation of Act passed in New York in 1737 for confirming

agreement and exchange of lands in Oysterbay. Entry. Signatories,
Monson, M Bladen, Edward Ashe, R Plumer. i p. [CO 5/1126, pp 84-85]

52 Thomas Jones to Harman Verelst. The instructions given me by the
February 8 Trustees I find impossible strictly to comply with unless I act without

Savannah any re g arc [ na( j to r.hd r interests or the rights of others. I have by every
opportunity that offered informed Gen Oglethorpe with the situation of the Trustees'
affairs here and have been from time to time favoured with his orders which to the best of
my power I have complied with. But he, the general, having been detained at the
southward for three months past, I have been ever since in one continued scene of strife
and wrangling. The threats I hear of actions being brought against me by some, and of
being that or otherwise destroyed by others, do not in the least terrify me if I can by any
means prevent their honours' good intentions in establishing this colony from being
defeated and their effects secured from plunder and waste for the future. What has been
done of that nature for two years last past you will in a short time discover, though too
late for a remedy.

That part of my instructions relating to the notices to be affixed on the doors of the
stores at Savannah and Frederica has been complied with as per my letter to you in
October but I have had no account from Mr White of the remain of stores at Frederica,
the general having taken that affair under his care and inspection. The instruction to issue
the stores under my care pursuant to the orders of William Stephens Esq, Mr Thomas
Causton and Mr Henry Parker or any two of them I have not strictly conformed to but
have had the general's orders for my guidance in issuing provisions, etc to such as had
demands on the store, as also for magistrates and other officers, the widows and orphans,
the Trustees' servants, and some others. But such who had no demand on the store I have
conformed to the directions given me by Col Stephens and Mr Parker for the most part,
yet have refused to comply with Mr Parker's and Mr Causton's orders in some instances,
particularly in their order for issuing out of the stores to Mr Causton 100 bushels of corn
and a large quantity of damaged corn for his cattle, the quantity not mentioned but so
much as he should have occasion for. I told them that the stores being nigh exhausted of
all sorts of provisions excepting corn, I could not find how the Trustees' servants and
others that were to be provided for by the store could be supplied if so large a quantity
was issued to one person who I heard had more corn this year raised on his own
plantation than any three others in the colony. They said they would get Mr Stephens to
join them in that order. I went immediately to Col Stephens and represented to him how
destructive it would be for him to concur with them in such unreasonable demands when
it was evident Mr Causton had plenty of corn by him as well as other provisions of all
sorts. Mr Causton had taken out of the stores on 16 September (being the next day after
he had received the copy of the Trustees' orders per Capt Piercy) a large quantity, as you
may see by the particulars (enclosed) taken out of the daybook, though some people (who
say they counted the barrels of beef on the bluff as they were taking them into the
periager for Oxtead) assert there were six more than he is charged with; and about two in
the morning of the following night several barrels of beef and flour were conveyed out of
the store to Mr Parker's house (but none put to his account) which were seen by Mr

52] AMERICA AND WEST INDIES 1/39 27

Sterling's family who live next door to him, and he has been often reproached therewith
but was silent thereat as I am informed.

I found an inventory taken 25 June last of the provisions and other effects then in the
store, and having the invoices of what had been delivered into the store since that time, I
imagined that I could easily . . - 1 the issues set down in the daybook if any such frauds
had been committed; but I found one of the daybooks (no 37) commencing from 24 June
to 27 July missing (which book I had in my inventory of the books in the counting-house
taken 20 October last). I have reason to suspect that Mr Causton had prevailed with my
servant (whom I put into the counting-house to take care of the books) to connive at their
conveying that book away. I have discharged that servant and his family. I cannot find
any one person whom I can confide in (excepting one Mr Harris who came over with
Capt Thomson and who assists me in the store) but what by flatteries and presents are
corrupted to betray the trust reposed in them.

The instructions I had to examine into Mr Bradley's demands and conduct I have not
been able to comply with. I went to his house the next day after my arrival and acquainted
him with the instructions I had received. He said that he was then indisposed but hoped in
a few days he should be able to settle his accounts with me and in the meantime would
order his son to write out his account with the Trustees. I sent to Mr Causton desiring
him to order Mr Bradley's account from 25 December 1737 to be given me; which could
not obtain till 22 December, which is very defective. I examined the daybooks (at some
leisure hours) and find many mistakes and omissions therein as you will see by comparing
it with that which I have taken (no 4) though am not certain having nobody to assist me in
examining it. Please to observe the valuation of the provisions which were then given me
(no i) at which I was surprised and desired to be informed when any provisions had been
bought into the store at those prices. The clerk told me that they were valued by the prices
set to Mr Causton's but desired I would give them leave to examine the account again and
some days after brought me that marked no 2. I had some time before told Mr Causton
that he had been very injurious to Mr Bradley, Mr West and some others by rating some
goods issued to them at double the price he had charged the same goods to others, thereby
enhancing their debts. But now Mr Causton, after three years declared enmity, is entered
into a professed amity with Mr Bradley and has been entertained at his house at dinner.
Before this friendship commenced I attended him (Bradley) several times but could not
prevail with him to enter into any account on the footing of his agreement with the
Trustees (of which I had a copy) nor would he account for the provisions, tools and other
effects he had received out of the store, alleging that he was not stinted as to provisions
and other necessaries for himself and his family, that the Trustees had not provided him
with the thirty servants they had promised, and that Gen Oglethorpe would satisfy me
about the whole affair. When the general came here I acquainted him with what had
passed. He (the general) allowed that Mr Bradley's servants arriving in the colony some
time before he came himself, he (the general) had employed them in the Trustees' service
for some time and therefore would allow provisions for all his servants for one year from
their arrival. As soon as the general was gone for the camp at the southward I applied
again to Mr Bradley who now refused to give any other account than what you have
enclosed (no B). He hath ever since taken all opportunities of insulting me, saying that the
Trustees had sent me over hither to starve the inhabitants and oblige them to leave the
colony, and that I had refused to give him provisions which the general had ordered me to
do several times in his hearing and which he saith I owned unto him, which is not true.
What ... of, neither have I had leisure . . . that what is done thereon might have been

'MS damaged: two or three words lost

28 STATE PAPERS COLONIAL [52

procured to be effected for . . .' If it does or has produced anything there's no account of
it. His son's 5 -acre lot is well improved, where he also makes bricks. He has under his
direction (besides those he calls his own servants) these Dutch servants whose names,
ages, etc you have enclosed (no C) and who have their provisions and clothing from the
store. Three of the women servants are his or his son's concubines as commonly reported,
one of them lately delivered, another big with child. Two joiners or carpenters (servants)
have been constantly employed in making chairs, bureaux [MS: buroes] and decorations
for his house as I am told and have seen them when I have been at his house so employed.
The livestock delivered unto his care I can have no account of: he saith that he gave an
account thereof to Col Stephens and will not give another; the increase he calls his own.
The general having judged it advisable that Mr Causton and his clerks should have
access to the books in order to make out his account, I would not interrupt him therein
though there has not one account been attempted to this day excepting what is called a
cash account which has been formed from Mr Causton's minutes (not produced) and the
receipt-book, which after three months close application was completed and a copy
delivered to me whereby it appears that Mr Causton has paid 8oo/ more than he had
received, which affords matter of great triumph to his new associates. But the frauds in
that account are too barefaced: I doubt not but you will readily discover them. Only give
me leave to hint that many of the payments for which there have been receipts given as
cash were goods delivered and the persons' accounts not debited for those goods nor any
mention of such issues in the daybook. Robert How (who comes over with Capt
Thompson) his receipt of 9 November 1737, for 6l 95 zd, can inform you whether he
received any money at that time: it was linen cloth sold him at 45 6d per yard which cost
25 jfd an English ell (which advance on the price of some goods issued hath been the
common practice for some time past, by which means a very large sum of money must
have yearly accrued to the Trustees but I find no account kept of profit and loss). Several
of the payments were in discharge of his private debts, some for drafts he had given for
the value received of persons which are returned protested. The account, together with
the other accounts and vouchers, I suppose will be transmitted you as soon as the general
arrives here (which I expect daily). I will not trouble you with any observations I have
made on the accounts till I know what course the general will take but intend then to give
you what light I can into any of the accounts. Only that the Trustees may not be deceived
by the certified accounts sent over I would mention one instance. You will find that the
same practice has been used in most of the other certified accounts. In October last Mr
Causton (pursuant to the general's order) delivered me a list of the debts owing to persons
in this colony which had not been certified for my guidance in issuing effects out of the
store towards their satisfaction, which I send herewith (no D), amounting to 6673 / 125
i id (though far short of the debts incurred). Mr John Brownfield (whose account you
will find in that list) who had been at variance with Mr Causton for a long time, I
understand, went often to Oxtead and lay there seve[ral] 2 nights. In December (about the
time of the association) I went to the counting-house and found the balance due to Mr
Brownfield greatly enhanced whereupon I desired to see the vouchers. The last article in
that account was 3i/ 185 }\d charged to the Trustees, as also several other articles to the
amount of jol and upwards which I found by his bills of parcels to be goods delivered Mr
Causton and charged to his account. I found likewise that all those sums which Mr
Causton owed him before April last had been included in the certificate given him by Mr
Causton as for goods delivered for the Trustees' use into their magazine at Savannah. I

'MS damaged: three lines partly lost.
2 MS damaged.

53] AMERICA AND WEST INDIES 1/39 29

took a copy of the certificate and showed it Mr Brownfield and asked him whether he did
not then know that Mr Causton had certified a falsehood in order to defraud the Trustees
(he combining with him therein) of a sum of money. He replied that others who had
dealings with Mr Causton had done the same, which I find to be true and few if any of
those sums were placed to Mr Causton's account until of late which you may discover by
the interlineations in his accounts . . . l of the fraudulent methods used by Mr Causton in
his accounts wherein the greatest part of them were interested, I soon lost their friendship
and that brought on a reconciliation of the greatest enemies to one another and a
continual resort to Oxtead (Mr Causton's seat) which at length produced their famous
representation and other libels which are pretended to be dropped in the streets. There is
no person here that I can apply to for any advice or assistance besides Col Stephens. Mr
Christie I believe wishes well to the Trustees' interests but is overawed by Mr Parker who
on all occasions acts with the greatest partiality in favour of Mr Causton and his friends.
He comes sometimes to the store reeling and (when in that plight) complains of the
Trustees their treatment of Mr Causton and himself. He has seven heads (Dutch servants)
for whom he demands clothing as well as provisions. He has had out of the store since 21
October last in provisions to the value of 23/. He stands indebted by his account in the
books 239/ 125 if rightly stated. I have not examined his account but find therein several of
his private debts paid by Mr Causton on the Trustees' account.

The Charles (one of the transport ships), Capt Stuart, has taken in her loading here
from Mr Robert Williams for St Christopher's. It was generally reported that Mr Causton
designed to go with him for St Christopher's in order to go from thence to Eustatia. I
acquainted the general therewith and the reasons I had to believe that report, viz the rude
language used by Stuart in some companies concerning the general and the Trustees, the
frequent going of Capt Stewart in company of Mr Parker, Robert Williams and Hugh
Anderson to Oxtead, Mr Causton's continuing at Oxtead a fortnight having been in town
but once in that time, and his conveying his effects from Oxtead and removing them to
other places privately in the nighttime, all which I could make evident. The general
thereupon wrote to Mr Causton, and also to Mr Fallowfield (the naval officer)
commanding him to go on board the Charles and there remain until she sailed and prevent
Mr Causton or any other person under bail from going out of the colony. He wrote at the
same time to Capt Stuart charging him at his peril not to attempt such things. These letters
came to hand 4th instant. Stuart's ship was laden and at Tybee; he was to sail on 6th
instant. Fallowfield has been on board ever since (though unwillingly) and now Stuart
says he does not know when he shall sail. Being in daily expectation of the general's
coming to Savannah ever since the beginning of December last I have delayed writing,
having no certain account to give of any affairs but shall for the future give such broken
accounts as I am able. I have not time to peruse what I have written nor take an exact
copy, only some minutes that I may not trouble you with the repetition of the same again.
I hope his excellency will arrive here before Capt Thomson goes from Charleston and
shall have the satisfaction of acquainting the Trustees with greater certainty how affairs
are in this country. Signed. 4 pp. Endorsed, Reed. 14 May 1739. [CO 5/640, ff 2/3~

53 Duke of Newcastle to Commissioners for Trade and Plantations

February 9 enclosing the following. You are to lay before the House of Commons
Whitehall copies of such papers as are in your office. Signed, Holies Newcastle, f
p. Endorsed, Reed. 10 February, Read 13 February 1739. Enclosed:

53 i Resolutions of House of Commons, dated 6 February 1739, requesting

'MS damaged: two lines lost.

STATE PAPERS COLONIAL [54

copies of all petitions, etc made to the Admiralty and the Board of Trade since the
Treaty of Seville relating to losses by depredations of the Spaniards; copies of all
letters from British governors in America, HM's minister in Spain, and consuls in
Europe, to Secretaries of State, the Admiralty and Board of Trade, relating to the
same; and copies of all letters from any commander-in-chief or captains of HM's ships
to Secretaries of State, Admiralty and Board of Trade, relating to the same. Copy, if
pp. [CO 323/10, ff

54 Commissioners for Trade and Plantations to Committee of Privy
February 9 Council. Pursuant to Order of 12 January last we have considered the

\Wl " I* 1 1

petition of John Yeamans, agent of Montserrat, for grant of ordnance,
etc. Mr Yeamans has attended and represented that in 1712 the French invaded this island
and destroyed all the houses, mills and other works therein, ruined their fortifications and
what military stores were then in the island, and after carrying off the Negroes and all
moveables of value left the island in a most miserable and distressed condition; that they
were reduced by that calamity to borrow a considerable sum of money to resettle the said
island for which they were obliged to pay a large interest; that in 1737 they suffered
extremely by a fire which laid almost all Plymouth Town in ashes, which was followed by
an inundation that undermined the fort and destroyed the magazine which with several
houses was washed away, and that in August last they were visited by the severest
hurricane that was ever known there in the memory of man; that notwithstanding this
succession of calamities they have at their own expense laid out large sums of money in
rebuilding and repairing several public works, in particular a new magazine which is
almost finished, and have raised additional works to Plymouth Fort; they are also willing
to repair such other batteries and forts as are necessary for their defence but are utterly
incapable of furnishing themselves with a proper supply of military stores. In our
representation to HM of 1 1 April 1734 we proposed a supply of military stores to be sent
to the Leeward Islands but Mr Yeamans informs us that in the distribution of these stores
a very inconsiderable share was sent to Montserrat. Considering the distressed condition
of this island and the danger it is at present exposed to, we recommend that the prayer of
the petition be granted so far as necessary for their forts and batteries. Entry. Signatories,
Monson, M Bladen, E Ashe, R Plumer, 3 pp. [CO 153/16, pp 155-157]

55 Benjamin Martyn to Robert Trevor, minister at The Hague, requesting
February 1 1 protection of seven passengers from Augsburg on their way to England

Georgia Office an( j tnence to Georgia in case they meet with any difficulties in
Holland. Entry. \ p. [CO 5/667, p 211]

56 Same to D[aniel] Wolters at Rotterdam. Seven persons from Augsburg
February 12 w {\\ shortly arrive at Rotterdam on their way to England and thence to

Georgia Office Q eor gi a The Trustees request that all assistance be given them; and
have informed Mr Trevor by this post. Entry. \ p. [CO 5/667, p 211]

57 Minutes of Trustees for Georgia. Consideration of a proper day for
February 14 presenting the petition to the House of Commons was postponed to
Palace Court ngxt meeting Entry ^ l p [ CO 5/6S ^ p IQ? ]

58 Thomas Causton to Trustees for Georgia. Your orders dated 19 May

February 14 being under seal of your Common Council I thought myself particularly

obliged to give it a separate answer, and as your later orders are a con-

58] AMERICA AND WEST INDIES 1/39 3 1

tinuance of your censures I determined (at the same time) to pursue my defence. I am
sensible that the want of knowing the necessity of the expenses of the colony as
mentioned in your orders dated 12 June, which (I now apprehend) far exceeds your
conjecture, must naturally raise a surprise and some doubts how far my conduct could be
justified. And I may (by sad experience) be allowed to say that it is my great unhappiness
the weight of a discretional power was in any shape laid upon me before a just account of
the circumstances of the colony both as to public and private affairs, and especially before
a more perfect calculation of the charge of those things judged necessary for its defence
and support was duly explained and by some proper channel conveyed to you. I hope I
may be excused from believing that such a calculation was expected from me, not only
because the execution was in a great measure to depend on my conduct and therefore
(with humble submission) improper for me to attempt, but also that the events from the
good or bad success and from the accidents to which such undertakings were liable, was a
task too difficult for my explanation or for my judgment to guard against. Both which
reasons being considered, I imagine that I could contribute to such an explanation no
other wise than by directing the accounts to be properly stated after the execution of the
facts, the employing people for that end, and the transmitting them (when done) for your
approbation. To effect this I made choice of such persons as I could find most properly
qualified, concerning whose neglects I have frequently complained, and I hope may take
the liberty to say (when I find myself accused on that account) that as (in the course of so
many years service under various approbations of my conduct) it was yearly evident that
those necessary accounts were not completed, I ought to have been relieved by such an
assistance of more proper clerks who might from time to time have shown to you in a
proper light the nature and extent of such an expense from whence a more perfect
calculation might have been formed. And your unparalleled goodness forbids me to
believe that you will censure me for not performing what was either then improper or
impossible for me. Neither can I believe that, although my distresses urged me to
supplicate your favours for my joining this colony, I had thereby subjected myself
to what calumny or envy should (possibly) suggest without being duly heard or
proved.

As the application of the several values mentioned in your orders can be no way
explained but by the accounts no particular reasons can be given till those accounts are
completed, in doing which I give my daily attendance and if any extraordinary fact has
occasioned those applications will as minutely as I can set forth such facts and transmit
them with the accounts. And as the necessity of such expenses arises from various causes I
must confess myself incapable to relate the whole, but am apt to think that when you shall
see the accounts and have considered from them and other facts which I am apprehensive
will soon (most necessarily) be laid before you in the name of the inhabitants such
necessity will sufficiently appear. And if it can be believed that the industrious people
have hitherto laboured under difficulties arising from the nature of the settlement, and
attended with such unavoidable but fatal truth, I hope you will grant that such prudent
means ought to be used as might stop the growth of such discontent as well to preserve
the reputation of the country as the safety of those who had courage to continue in it and
despise those false representations which ill-disposed persons were industrious to
publish. Had I in any shape taken upon me to represent what appeared to be the real
reasons of those difficulties I should naturally have been guilty of presuming to correct
where my duty was to obey. But such is my unhappy fate that (at present) on the one
hand I undergo your censures for purchasing what I venture to call necessary subsistence
and as such was the only means to defend the industrious under their difficulties and
preserve their future expectations, and on the other hand exposed to the public

32 STATE PAPERS COLONIAL [58

resentments of my countrymen for persuading them to persevere in planting and thereby
contributing to complete their destruction.

The parcels which you observe to be purchased and were not the proper species of
provisions or fit for those whom you contracted to provide for were never so purchased
but when common food could not be otherwise obtained, and have been issued either
upon a proper value to the creditors of the store (or where necessity might sometimes
otherwise require) on such a reasonable advance as (according to the best of my
judgment) was sufficient to guard against necessary charges and unavoidable waste. An
account of the several sums certified and to whom due was with the several extracts as
mentioned in my letter of 14 January delivered to Gen Oglethorpe soon after his arrival,
and as all the accounts are now bringing to a balance those balances will soon be exactly
taken and transmitted. Capt Thompson informed me of your objections to his account
certified 21 January 1737/8 agreeable to your abovementioned orders, and for the better
justification of the values thereby said to be advanced to the several people therein
mentioned I beg leave to observe that Rev Mr Bolzius had at that time upwards of 5/
sterling value in account with the store in his favour; that part of Mr Broadie's servants
being then employed on the western road the value in said account would thereby be soon
repaid, which if I had not agreed to he must have sold those necessary tools with which
(as a carpenter) he proposed to get his bread, and I imagined that the recommendation
which he brought from Mr Provost Hossack, a copy of which (having been transmitted)
might be judged a reasonable inducement for such a credit; that Mr Thomas Upton
having delivered me Mr Verelst's letter signifying that the Earl of Egmont was certain that
the sum of 3O/ sterling would be paid to the Trust for his account, I was led to imagine
that the answering for such a credit on his behalf would be approved of and needed no
particular reason from me; that John Moore Mackintosh, Samuel Smallwood, Euan
Mackintosh, Ensign Hugh Mackay and John Rea, being each of them in your service and
thereby entitled to their several establishments, it would be easily supposed that if they
had occasion to purchase anything of Mr Thompson, as the value of such purchase would
stand in account against such establishments it was not immediately necessary to give
other particular reasons; that John Warwick having been recommended by Gen
Oglethorpe as one who had a genius for planting and showing a great desire to employ
himself in that manner, I confess my zeal for giving the utmost encouragement to so
necessary a work led me to answer for the value therein mentioned and as such value was
of small extent I hope to be excused for not assigning particular reasons; that James
Smithe's being mentioned to be employed in erecting the sawmill, Mr Robert Williams's
servants on the western road, and Patrick Graham in attending the silk, the value for their
uses would stand against their respective demands. And although it may be erroneously
mentioned that the generality of the said values are advanced, it will appear that they were
no other way so than because the respective demands on the store were not and could not
(by reason the proper vouchers were not received) be then entered to account or
otherwise explained. As Mr William Williamson transmits his own account to his
relations I apprehend that such value will either be answered by them to the captain or
repaid to you. And as to the value on my own account I humbly hope that neither the
value there mentioned or any other value in any other account will be judged to be done
with any ill design or unreasonable, having always been strictly careful that the smallest
matter which has in any shape been liable to a thought for the particular use of self or
family should be exactly entered to my particular account, always confiding that when
you should think proper to reward my services you would (as you are pleased to mention
in your abovementioned orders dated 19 May) further reward me for the great burthen
which has lain upon me for several years past. And I must beg leave so much the more to

58] AMERICA AND WEST INDIES 1/39 33

insist on your belief in this manner because I can and do defy any person whatever to
prove that I have either spent my time luxuriously or idly, but contrariwise that all my
actions will demonstrate a design to promote the welfare of the colony. And because of
sundry malicious and false reports which probably may have reached your ears I can and
do defy anyone to prove or show that I have carried on any secret trade or been a factor
for anyone, that I have by any means or channel amassed or procured for myself at any
time any unjust gains or made any remittances in money or goods to England, the West
Indies or any other place whatsoever. As the reasons for all the several articles with which
my account stands charged will more properly be laid before you when I shall transmit
such account I beg that nothing will be (in the meantime) construed to my prejudice,
being extremely anxious that you should be minutely acquainted as well with all the
particulars and the reasons for them as also of the purposes to which they have been
applied. Mr Henry Parker not having paid me any rent on account of Mary Cooper it has
not been in my power to make her any remittance pursuant to her letter of attorney, and
when I do receive any such rent will not fail to account for it agreeable to your
commands.

Your orders dated 4 August last mentioned the receipt of my journal to 24 July 1737
and I humbly apprehend that you have since received a continuance thereof to 25
September following. As the business of the colony would not reasonably permit myself
to transcribe such journals I was obliged to employ Samuel Hurst (one of the clerks) for
that purpose at such times as your other services would admit; and as his time (being in no
shape an accountant) was taken up in copying letters, papers, daybooks and accounts, the
transcribing such journals was consequently delayed. I have continued to keep as perfect a
diary of my proceedings as my time would allow and am sorry it has not been in my
power to transmit it to its proper time, being always sensible that thereby I should (in a
great measure) remove those doubts which ill-disposed people might have raised and my
conduct have received a more favourable construction. As I am certain I have at all times
duly confined myself to those facts which in some capacity or other came under my
cognizance in discharge of my duty to you, free from any thought of aspersing anyone in
a private capacity or character, as is suggested here, I hope (from your known justice) that
although it might be proper to show Mr Thomas Jones those diaries before he left
England he will not be countenanced in making his observations upon it here to my
prejudice. I should be more particular in this affair but such is my desire to vindicate my
conduct and obey your commands that I (at present) choose to undergo the worst event
than seem to expect your favour further than my actions shall be found (on an impartial
inquiry) to deserve.

I am sorry to find myself charged with presuming to disregard your orders dated 14
December 1737 by certifying the accounts of Capt James Macpherson, Robert Williams
& Co, and Messrs Ellis & Ryan, because I can take upon me to say that every one of those
persons were acquainted with those your orders and were then told that they must
consequently hazard such objections as you would certainly make should payment for
them be demanded in England. Capt Macpherson as commander of the garrison at Fort
Argyle demanded such certificate and represented to me that he had been at extraordinary
charges in providing horses and necessaries for his company on credit and that, unless he
was enabled to continue such a credit to his people by an immediate payment or such an
assurance as he could raise a credit upon, it was impossible for him to keep the people in
garrison and threatened that unless I complied with his demand he and his men would
immediately quit the service. This proceeding of Capt Macpherson, as it was sudden and
seemed to be very extraordinary, I could not (with humble submission) think it proper
for me to deny his request because such denial might have given him a pretence to have

34 STATE PAPERS COLONIAL [58

executed his threats, which (if done) would certainly at that time have exposed the colony
to many dangers, the Spaniards and French being then very busy among the Creeks and
other neighbouring nations of Indians in making presents, forming treaties and stirring
them up against us. I was at that time very dangerously ill and therefore in a more
particular manner than usual consulted Col Stephens and the magistrates as to this matter
and now enclose copies of the captain's letter and my answer on that occasion. As to Mr
Robert Williams & Co and Messrs Ellis & Ryan, I am certain that I not only frequently
repeated to them that you had determined all payments should be made at Savannah but
also that many accounts prior to theirs would be certainly sent back for like payment here
and that they must expect (as the necessary expenses of the colony had exceeded your
calculations) to wait for such payment till an account of those expenses could be laid
before you and affairs would permit a suitable remittance. And it was never otherwise
told them or anyone else than that as many certified accounts might be returned for
payment here and many other sums likewise due to sundry persons which were not
certified, a far less sum would be remitted (at present) than would be sufficient to
discharge them and that therefore each person so concerned could only expect such a part
as was agreeable to their demands and the other immediate services of the colony would
admit of. And I can take upon me to say that all my expressions were of this nature to
everyone who had (from the time of your said orders) any demands upon the stores, and
therefore if it shall thus appear upon an impartial inquiry and that the providing further
stores was necessary I hope you will believe that I thereby endeavoured to discharge the
general part of my duty, and although the sense of my own integrity and variety of
business prevented the thought that such particular reasons was necessary you will receive
such endeavours in mitigation of the charge for dispensing with your commands, and
contrariwise believe that I did render as punctual an obedience as was consistent with the
then circumstances of the colony.

My cash account is likewise sent wherein all your sola bills, as also all other cash that
hath in any other shape come to my hands since 6 February 173 5/6, is duly accounted for.
And as it thereby appears that the discharge exceeds the charge I beg leave to say that I am
apprehensive some part of my own particular cash has been appropriated to the use of the
colony besides the sum of 5O/ which I mentioned in my letter of 14 January to have drawn
in favour of Messrs Montaigut & Co on Mr Oglethorpe for the purchase of hogs and
other provisions in December 1736. As errors may possibly be discovered on a further
perusal of the accounts I have not charged the cash account as such but have left it for my
credit (till such further examination is taken) when my particular account shall be laid
before you. The general heads of accounts for 1736, as mentioned in my letter of 26 May
last, were all then drawn out and the copies were finished; but though the utmost charge
was given they appeared (upon examination) to be so very full of errors through the
incapacity of the clerks that it could not have answered the design which by my said letter
is mentioned. But lest it should be doubted if such heads were prepared or some false
reason suggested for its not being sent I enclose it to Mr Verelst, and that those errors may
be amended those general heads are put into other hands to be rectified and will with a
continuance to the end of my acting as storekeeper be transmitted. I have herewith
enclosed Mr Jenys's whole account after a full re-examination which I imagine will
clear up the objections which Mr Verelst has made upon it to your satisfaction. The
reason for my suffering Mr Bradley's bill on Mr Verelst to be charged in said account is
because Mr Thomas Jenys produced Mr Oglethorpe's letter to his brother as an authority
for such a charge, and having shown the copy of such letter to the general I have herewith
enclosed it.

The inventories of remaining stores taken 29 September 1738 are herewith enclosed,

58] AMERICA AND WEST INDIES IJ39 35

witnessed by the respective clerks that took them, wherein those articles purchased here
or of which I have any bills of parcels are according to such cost charged and the
condition noted. Upon the arrival of Gen Oglethorpe I gave Mr Jones possession of the
stores and expected to have received an immediate receipt, but he thought fit to issue
away the most necessary part without any examination or giving such receipt contrary to
the opinion of those whom you had authorized to direct him and afterwards refused such
receipt under a pretence that he must examine into the value of every particular. I have
also entered on those inventories such annotations as I have been able to inform myself of,
which Mr Jones after more than a three months possession thought proper to make. But
having no receipt to this hour I thought it necessary that the clerks should certify their
own actions and (they tell me) are ready (if occasion require) to swear it is true. The
French prisoners mentioned in my journal were taken (among others) at a battle by the
Chickesaw Indians when the French attacked those Indians; and Mr Thomas Andrews,
one of the traders in that nation, having acquainted Mr Oglethorpe that he had been the
means of preserving the lives of these and one other of the said captives from a cruel death
(Mons Bienville, brother to the governor of New Orleans, the son of a secretary of
France, a priest and nineteen other captives having been burnt), Mr Oglethorpe enjoined
him (before his last return to England) that at any price whatever he would redeem and
bring them all three to Savannah. In pursuance of which the said Andrews with four
Chickesaw Indians set out for this place: one of which captives being taken (on the way)
with a flux and not recovering by the remedies which the Indians administered, they
thought proper to hang him; the other two arrived here to whom I issued allowances
from the store and they waited upon the general at his arrival.

The blanks left in my journal for sums paid was intended to be filled up from the
ledger but as it was forgot (the books not being at hand when the said journal was
transmitted) I humbly hope that such an omission will not be thought very material
because the accounts themselves will sufficiently show what those sums were. I am sorry I
should be supposed to be Mr Ellis's factor when it is well known and can be proved that I
have denied all offers of that kind and am ready to answer any charge for being in any
shape concerned (with design) in anything whatever unbecoming the character of one
who steadfastly was your (only) dutiful servant and the great trust you were pleased to
repose in me. The beef mentioned in your said orders was (at first) purchased for the use
of the stores, and being soon discovered to be unwholesome (after a proper condemna-
tion) received such a fate as the law directs. And I humbly apprehend that neither he 1 nor
anyone in his behalf can have any just complaint or charge upon that account. I have
enclosed Mrs Watson's letter of attorney to me together with the defeasance of a
judgment which she was pleased to send, as also her husband's whole account with the
store which some time since, subsequent to his discharge from his confinement, were all
examined and adjusted with his consent. The sum of ^6l 8s jd Carolina currency has been
allowed to Kubrick Kalcher upon the application of Rev Mr Bolzius agreeable to Mr
Vatt's letter and your orders.

I humbly hope that what I have mentioned in my letter dated 14 January with regard
to the credit taken myself for servants brought as well by Capt Thompson as also by Capt
Hewitt, and also to the credit given to Mr Broadie and Mr Upton, will receive your
approbation. Those servants delivered to the credit of Archibald MacBean being
particularly subject to your commands, he has no pretence from any act of mine to deny a
return of or immediately pay for them. Those to Alexander MacLeane, Benjamin
Mackintosh, Lieut John Moore Mackintosh, and Kenneth Bayley were delivered to them

'Robert Ellis. See Cat SP Col, XLIV, no 391, pp 181-2

36 STATE PAPERS COLONIAL [59

respectively at the particular request of the said lieutenant being the commanding officer
at the Darien; and I have therefore given them notice that such payment is expected.
Those in the service of James Anderson being duly charged to his account, there appears
to be due to him the sum of /// 35 S\d sterling on a balance. Lacklan MacBean's wife is
with her husband, and he being a man of substance (at present) in the Indian nation I hope
to be excused for such a credit which he will not fail to satisfy at this return.

Having thus endeavoured to lay before you satisfactory answers to your several
commands beforementioned, I beg leave further to offer to your consideration how far
anyone, though endowed with far greater qualifications than I can presume to be
possessed of, can possibly in every part acquit himself when thus loaded with business
(which I will venture to call here of the greatest consequence) without proper assistance,
especially when I imagine it will be allowed to be necessary (as well for my better
executing so general a trust as for manifesting to the world my fidelity with regard to the
expense) all accounts and entries ought and were kept and entered by such persons as
seemed to be best qualified. And I beg leave further to offer how far it was possible for me
to confine the expenses of the colony to your limitations (which my own safety as well as
my duty required) when three-fourths of the time was elapsed for which those limitations
were calculated before they arrived, and consequently before I could possibly make such
alterations as were agreeable to those limitations, the time for which they were calculated
would be wholly expired and (if the King's forces arrived according to expectation) other
different orders might be reasonably expected. And I am very apprehensive that had I
omitted any reasonable endeavours to keep the people together till those forces arrived I
should have exposed myself to a just censure because when the Italian silkwinder was
supposed to have left the colony through discontent I was told by letter that you were
much surprised to hear it because it was in my power to have prevented it. From whatever
quarter your doubts of my conduct or good endeavours may arise I can take upon me to
say that no wilful act of mine has occasioned it and as my past services were rather the
effects of your choice than my intercession I cannot yet believe but you will favourably
accept such endeavours. Signed. j\ pp. [CO 5/640, ff 2j

59 Lieut-Governor William Gooch to Commissioners for Trade and

February 15 Plantations acknowledging letters of 9 August and 6 October. Members
of Council of Virginia are the same as for three years past and are all resident. Having
received no application from the Cherokee or Catawba Indians since my last to you I
know not what state they are in with the northern nations; neither have either of their
parties been seen on our frontier, probably occasioned by the winter which affords little
for their subsistence. But if the spring tempts them to renew their hostilities and to make
the like returns of barbarity through our inhabitants, it is not to be imagined that people
who have now arms in their hands will suffer the heathens to insult them with impunity. I
was well acquainted with the treaty made in 1722 and with the arts the Indians have used
to explain themselves out of it. By that treaty the Northern Indians were never to cross
Cohongorouton River nor come to the eastward of the great ridge of mountains, nor were
the Indians belonging to Virginia to pass those bounds to the westward. But now truly
those Indians, pretending to be lords paramount of all the lands on the western side of
those mountains, insist upon it as agreed by the treaty that, as they were not to pass to the
eastward, the English were not to get to the westward. They certainly laid no claim, as
they do now, to the lands on Shenandoah River or anywhere else to the westward. If they
had, it is to be presumed such a demand would not have been admitted since it might have
been easily foreseen that the subjects of HM would soon extend their settlements beyond
the mountains and that the sooner HM was possessed thereof the more effectually would

60] AMERICA AND WEST INDIES IJ39 37

the French be excluded from fixing themselves on this side the lakes and the River
Mississippi, from whence the greatest danger to the British colonies on the continent is to
be apprehended. As it was with this view only that I urged the expediency of bringing the
Six Nations, as they are called, to a nearer correspondence and a stricter alliance with this
country, which I judged would be best accomplished by their treating with me in this
government where with less controversy if not with more decency I might hope to prevail
over the notion they have imbibed of their being allies only to New York, and that they
are to be influenced by that government which on many occasions has been directed more
for the sake of engrossing the skin trade than a regard to the British interest, I am very
glad you have had the goodness to write to the governor of New York, and I hope it will
have such effect that he will either oblige the Six Nations to make peace with the Southern
Indians or restrain them from passing through the limits of Virginia to attack them; and I
dare engage for the Cherokees and Catawbas they shall never pass that way to molest
them. And surely, if his Indian commissioners, who have the direction of all their affairs
and motions, have any regard to HM's service, to the common safety of HM's subjects, or
to the interest of the Indians themselves, they will use all their endeavours to dispose the
Six Nations to such a reasonable conduct, since it is certain that those nations by
travelling six or seven hundred miles to fall upon the Cherokees and Catawbas only
weaken their strength by the loss they sustain in those long marches and encounters, and
at the same time weaken those southern nations who are firmly attached to the British
interest. You will now judge that in the quarrel between these savages the safety of HM's
subjects is all we aim at, for we have not nor ever had any manner of trade with the
Northern Indians, and indeed the trade we have had with the Southern Indians is now so
fettered with new regulations by the Trustees for Georgia that it is like to be lost to us.
When any further application shall be made to me on the behalf of the Southern Indians I
shall most cheerfully obey your orders without regard to the expense it may occasion or
the trouble it may give me. Signed.

Names of Council of Virginia: James Blair, William Byrd, Cole Diggs, John
Robinson, John Carter, John Grymes, William Dandridge, John Custis, William
Randolph, John Taylor, Philip Lightfoot, Thomas Lee. Persons fit to supply vacancies:
Henry Armistead, John Allen, Francis Willis, John Lewis, Henry Fitzhugh, John
Robinson jnr, Charles Carter, Lewis Burwell jnr, Thomas Nelson, Richard Randolph,
Robert Boiling, Benjamin Harrison. 3 pp. Endorsed, Reed. 17 April, Read 2 May 1739.
[CO 5/1324, ff i5

60 Thomas Jones to Harman Verelst. On the i3th in the afternoon thirty

February 17 Indians of the Chactaw nation arrived here: we knew not of their

coming till we saw them at the bluff. They were conducted to the
courthouse where they were entertained with tobacco, wine and biscuit. They by their
interpreter (a French youth who lived some years among them and deserted from a
French garrison in their country about two years ago) acquainted us that they were
friends to the English, that they protected the English traders and conducted them safe to
and from their nation, that they were come a great way to have a talk with the Great Man
and were determined to see him, that they would tarry for his corning here or go to where
he was. There was no meat in the store nor beer: I bought two hogs and three barrels of
beer (with my own money) and last night had three of the Trustees' steers killed and
brewed an hogshead of molasses beer which I hope may suffice until the general arrives. I
immediately (with Col Stephen's concurrence) dispatched a canoe to advise the general
and hope to see him or to receive his orders in a day or two, for they are troublesome and
expensive guests but have hitherto kept them in good humour. Tomochici with his chiefs

38 STATE PAPERS COLONIAL [60

came yesterday to pay them a visit. The further particulars his excellency, when he comes
here, will I doubt not acquaint the Trustees with.

The melancholy condition this colony is in at present, my own insufficiency to
undertake any measures (if I was sufficiently instructed) that may tend to bring affairs
into a better situation, the absence of the general for so long a time from these parts, and
the artful contrivances daily renewed by a party here to bring all things into confusion
and to reproach the good intentions of the Trustees, endeavouring to lay the blame of all
the calamity and distress the people labour under at their door, give me great uneasiness;
but am resolved with God's help to use my best endeavours to stem the torrent if I perish
in the attempt, hoping their honours will not forsake the few honest, industrious persons
in Georgia who have been the only persons for some time past neglected and put under
hardships but will in due time appoint some person of a better capacity that can use closer
application to business than I have been inured to. You have (for some years past) known
that my good wishes always attended the welfare of this colony which continue the same
still; therefore entreat you will excuse to the Trustees any unguarded expression, the
prolixity and plainness that may be used by me. I shall have at all times a regard to truth in
what I write, which had it been more consulted by some others in times past this colony
would in all probability have been in a more flourishing condition than it is in. For some
time after I came to Savannah I imagined that the great disorder the Trustees' affairs were
in proceeded rather from neglects, through Mr Causton's haughtiness of temper and his
having too many affairs to manage than from any designed knavery or injustice in him. I
took the liberty of communicating my thoughts to his excellency to the same purpose and
daily pressed Mr Causton to render as plain and full account as he was capable of all the
affairs under his care and management. And though it was evident the Trustees had
suffered greatly by his misconduct, which he might be led into through an hurry of
business and his being obliged to entrust the management of some affairs to others, yet I
did not doubt but their honours would be satisfied when he represented to them the
difficulties he had laboured under and that it appeared he had not sought his private
interest therein. He said that he had not got the value of a pair of shoes in the Trustees'
service but spent his own fortune, complained of his hard usage and threatened to apply
to Parliament for satisfaction, that he would not concern himself about the accounts, that
was the clerks' business, that he had never writ in the books, that he had been too faithful
a servant and had not dealt in any one commodity nor been concerned in any traffic or
business whereby he gained one penny (though often solicited thereto) since he had
engaged in their service. I was soon after convinced to the contrary.

Rev Mr Bolzius of Ebenezer desired me to see what credit had been given him for a
parcel of linen (whereof the prime cost in Germany was /i/ sterling) which he had
delivered to Mr Causton. I looked into his account in the books but found no mention
therein of any. I therefore inquired of Mr Causton the reason he had for not giving Mr
Bolzius that credit. He told me that he had taken that linen on his private account and had
sold the greatest part of it and that Mr Bolzius might bring his action against him if he
pleased, there was one piece and a remnant left which Mr Bolzius might have or he would
leave it in the store. Many such instances you will meet with in his accounts when sent
over. They heavy expense which the Trustees have been at in supporting this colony will
appear when the vouchers for those expenses shall be sent over for your perusal. In the
meantime I shall only mention two instances of what has been undertaken this last year,
how necessary I shall not determine. The one is Mr Bradley's house which cost at least
6oo/ and though magnificent enough is not tenable nor will last two years without being
underpropped as I am informed. Mr Bradley is still carrying on additional buildings: I
have told some of the people who supply him with materials for building and

60] AMERICA AND WEST INDIES 1739 39

workmanship that the Trustees have not given any directions for such building but he
assures them the contrary and carries on the work. The other are additional buildings to
the store. The carpenter's bill being but a few articles, have enclosed a copy with some
remarks I have made thereon; therefore shall only add that when I first came to this town
I intended to build a small room as an addition to the lodging I had taken and talked with
carpenters about the price of their labour. They demanded 45 per diem being what Mr
Causton had always given. I told them that what I agreed for I would pay them in money
and should not oblige them to take it in commodities, that I never would employ any
carpenter or other that required more for his labour than the usual prices in London
where labour was dearer than in any other part of the world I had ever seen. They then
offered to work for me at 25 6d a day. I have not undertaken anything of that nature
hitherto, not knowing how soon I may remove hence (if with approbation of the
Trustees), yet should I see any way wherein I should be serviceable to their interests or
that my endeavours might be of any use for the good of the colony I should cheerfully
spend the remainder of my days here, being I think a very healthy climate and agreeing
the best with my constitution of any that I ever breathed in. There are some things in the
behaviour of the people very disagreeable and offensive to me, viz the profanation of the
Lord's Day: when at church in the time of divine service, can hear continual firing of guns
by people that are shooting at some game, others carrying burthens on wheelbarrows by
the church door; the uncommon lewdness practised by many and gloried in; the
negligence of officers in permitting several in this town to retail rum and strong liquors,
unlicenced, who have no other visible way of livelihood, where servants resort and are
encouraged to rob their masters: all of which I doubt not, when the Trustees shall be fully
apprised of, will be remedied. I need not mention profane swearing and drunkenness
which are not so common here as in some other places and few are notorious therein
besides Mr Bailiff Parker who I have seen wallow in the mire. On Monday last in the
evening he went to Jenkins's (a public house) where (for the entertainment of the
company) he agreed for a bowl of punch that Jenkins should be magistrate and he the
landlord for that night. They stripped themselves before the company and exchanged
clothes. Parker called for the liquor but Jenkins exercised his new authority in a very
despotic manner not only by calling his host Parker drunken swab and other opprobrious
names but chastized and threw him down. It is with no small concern of mind that I
trouble you with such trivial (though melancholy) accounts but have nothing agreeable
and pleasing from this part of the colony to acquaint you with, yet do hope when his
excellency visits us affairs will take a better turn.

The stores are (by the issues made towards payment of the debts incurred) nigh
drained of all necessary provisions. There's no meatkind of any sort nor rice and but a
small quantity of biscuit. But having some flour yet remaining I have of late bought
Indian meal (which I paid for) with which and half flour I caused bread to be made which
gives better content than biscuit and comes at a much cheaper rate. The meal costs 55 per
cwt. There is a large quantity of Indian corn yet remaining though none of it sound and
good, a great part damaged, all which I have removed into the store and hope to preserve
from further damage. 6000 bushels of corn was bought last summer at 25 ^d - 25 %d and 35
per bushel and put in large heaps into several houses in the town hired for that purpose at
a dear rate where it remained without ever being turned or taken any care of till 28
November. (I could not prevail on Mr Causton to deliver it into my care before that time,
saying that William Ewen, his servant, who had privately withdrawn from the colony and
gone to Carolina, had the corn under his care and that I must wait until he came.) The
corn had sweated, the weevil was got into it, and some of the houses it had rained into,
that when opened the corn seemed to be a green field; it had sprouted and was grown to a

40 STATE PAPERS COLONIAL [6l

considerable height. I have issued the best corn at \%d per bushel (being the price the
people at Ebenezer sell their new corn at) though it is much cheaper in Carolina as I am
informed; the damaged corn at is per bushel. The inventory of that and the other effects
delivered into my care I shall send over as soon as the general arrives here and hope soon
to send an account of the issues, though am much straitened in time being (at the best) but
slow in writing as well as apprehension and having no person to assist me that I can
confide in so much as to transcribe what I have written. I have a youth (William Russel,
one of the clerks) to assist me sometimes but is so attached to Mr Causton by his being
sent for to Oxtead and caressed that I dare not depend on him, having found him tardy
when examining the daybooks with me. Yesterday Mr Causton told me that he had
discovered several errors in his cash account and desired me to deliver him the copy which
he gave me of that account (which I refused) and told me he must have William Russell to
write that account over again, the which I consented to, he being of little service to me. If
what I write is worthy of the regard of the Trustees I doubt not but you will acquaint
them therewith. Signed. 35 pp. Endorsed, Reed., by Capt Yeomans, 14 May, Read 23 May
1739. [CO 5/640, ff 28i- 2 82d]

61 Unsigned letter to Earl of Egmont acknowledging his letter. Silk, hemp
February 17 an d flax grown in Georgia would be beneficial to mother-country and

could be cultivated by the same people at different times of year. I have
contrived a machine for dressing hemp and flax. I would go to Georgia taking cloth and
wheat on promise of 500 acres of land each for self and son. PS. Direct for Mr Brooks at
Dr Burton's in York. 2 pp. Endorsed, Mr Brooks. Reed. 19. [CO 5/640, ff 279-280]

62 Minutes of Trustees for Georgia. Consideration of the petition to the
February 19 House of Commons was further postponed. Entry, i p. [CO 5/687, p
Palace Court TO ~|

63 Harman Verelst to Rev Samuel Urlsperger. The Trustees acknowledge
February 19 tne care given to the colonists for Georgia on their way from Auesbure

/""* * i~\CCt

to Frankfort, particularly the generosity of the von Hoeslin family.
Credit for the colonists going on will be answered in England. Care will be taken of them
on arrival at Rotterdam. Entry. \ p. [CO 5/667, p 212]

64 Commissioners for Trade and Plantations to Committee of Privy
February 21 Council. We have considered Act passed in Pennsylvania in 1738

\Y/V% t 1 1

supplementary to Act for imposing duty on importation of persons
convicted of heinous crimes and of poor persons. The Act to which this is supplementary
is a virtual prohibition of importation of convicts. The supplementary Act should be
repealed. Under the charter Acts must be transmitted within five years but the Crown has
only six months in which to consider them. Pennsylvania's laws have not been regularly
transmitted and are sometimes prolonged even after the time fixed for laying them before
HM whereby they may make perpetual laws to the detriment of the prerogative and of
the interest of Great Britain. Proprietor should be admonished to be more careful. Entry.
Signatories, Monson, M Bladen, E Ashe, R Plumer. 4 pp. [CO 5/1294, p 115 and three
following unnumbered pages]

65 Minutes of Trustees for Georgia. Received receipt from the bank for
February 21 2 o/, benefaction of Tames Vernon for use of the Salzbureers. Resolved

p i ^ J

that a meeting be called to consider presenting petition to Parliament

66] AMERICA AND WEST INDIES 1/39 4 1

that Georgia may not be affected by the and article of the convention which refers the
settling limits between Carolina and Florida to plenipotentiaries. Entry, i p. [CO 5/687, p
109]

66 Gen James Oglethorpe to Duke of Newcastle. We have had the

February 22 misfortune of a difference in the regiment. The lieut-Colonel accused
one of the captains, viz Capt Hugh Mackay, of (i) neglect of duty, (2)
insulting his commanding officer, (3) not taking proper care to provide the two
companies under his command with necessaries he knew they must want, (4) his ill usage
to the men which was the occasion of a general discontent and an uneasiness amongst the
men, (5) disobeying and contempt of orders, (6) endeavouring to excite the men to
mutiny. Capt Mackay accused the lieut-colonel of having followed merchandise to the
neglect of his duty and selling to the soldiers at exhorbitant prices, of occasioning the
spirit of mutiny, or having broke the treaty with the Spaniards or of matters to that
purpose. The captain could be tried here but the lieut-colonel could not because no
field-officer can be tried unless the court-martial be composed of thirteen captains or
officers of a superior rank, and there are but six captains and field-officers in this
regiment. Capt Mackay was tried and acquitted, and I send you the opinion of that
general court-martial as also their representation. The lieut-colonel, after one article was
examined, wrote the enclosed letter to which the court made the enclosed declaration and
adjourned. The next day, having given Lieut-Colonel Cochran notice, they went on with
the trial and made a report which concludes with the enclosed opinion. The lieut-colonel
hath also had a difference with another captain, viz Capt Richard Norbury, and hath
accused him of mutiny and giving him abusive language. A general court-martial was held
for the trial of Capt Norbury and they came to the enclosed resolution.

Capt Mackay applied to me for leave to go to England to prosecute the lieut-colonel,
and the lieut-colonel wrote to me for leave to go to England and gave assurances that he
would strive to get out of this regiment that all proceedings might be stopped, upon
which the captains had a meeting where the lieut-colonel and Capt Mackay were present,
where they gave assurances that all matters should be quiet and I was to give leave to both
to go to England. Capt Mackay went to his command at St Andrews where Hurley, one
of the mutineers, was executed for attempting to fire at his captain. I was walking with the
lieut-colonel on the sea beach when Capt Mackay returned, landed, and came up to me
with several officers. After I had spoke to them and Capt Mackay had given me an
account of the execution, the lieut-colonel called Capt Mackay aside. I turned aside to
speak to the chaplain and, suddenly turning my head about, I saw the lieut-colonel strike
Capt Mackay with a great stick that he had in his hand. The officers ran in to prevent
mischief: I inquired of them and they all declared that they had not heard Capt Mackay
give him any ill language. Upon this I put them both under arrest till they are embarked in
different ships. They desired examinations to be had of several facts, on which I appointed
commissaries to take them and have sent them to the secretary at war to be laid before
HM. I am sorry to trouble you with these affairs. Signed. 4 pp. Enclosed:

66 i Sentence of court-martial on trial of Capt Richard Norbury. Not guilty of
mutiny. Guilty of using reproachful or provoking speeches to another officer, the
penalty for which is imprisonment and asking pardon of the person offended. Copy, i

P-

66 ii Proceedings in court-martial of Capt Hugh Mackay, including a paper and a

letter put in by Lieut-Colonel James Cochran. Capt Mackay was found not guilty of
all six charges. Copy. 32 pp.

66 iii Report of the court-martial for trying Capt Mackay to Gen Oglethorpe,

42 STATE PAPERS COLONIAL [67

stating that there has been a spirit of mutiny amongst the soldiers, particularly those of
Lieut-Colonel Cochrane's company; and that by evidence given in the court it appears
that Lieut-Colonel Cochrane was in the knowledge of and concealed a mutiny. Copy,
certified by Francis Moore. 2 pp.

66 iv List of the twelve members of the court-martial. Major William Cook was
president. \ p. [CO 5/654, ff i88-i96d]

67 Lieut-Governor William Gooch to Commissioners for Trade and

February 22 Plantations commenting on Acts passed by Assembly which met on i

Virginia November last.

Act for amending and continuing Act for amending staple of tobacco and preventing
frauds in Customs. This Act being the principal motive for calling the Assembly as it was
near expiring, I very strongly recommended its continuance as being of the greatest
importance to the interest of the colony in keeping up the price of it, and have so far
prevailed that the Act is continued for three years longer than it was by the Act in 1736;
by which time it is to be hoped the planters will be so pleased with it that it will meet with
few opposers. Indeed there are hardly now any of the better sort against it, but such
seldom carrying an election in this country, it had many enemies in the House. There are
in this Act many alterations to make it more agreeable to the humour of the people, such
as allowing the county courts to nominate annually four persons out of which the
governor is to choose two inspectors for every warehouse who are constantly to attend
from 10 November till all the inspected tobacco be delivered out to the ships; that the
inspectors shall be accountable to the county treasurer for all the tobacco gained by the
allowance for shrinkage to prevent their being tempted to make a benefit to themselves;
every hogshead of tobacco is to weigh 850 pounds nett tobacco. Inspectors, sheriffs, and
other officers are to take an oath to discover all tobacco packed into casks or cases and put
on board any boat or vessel in order to be exported without being inspected, under a
penalty; and the justices are accordingly to issue warrants for seizing such tobacco and
destroying it, and the persons in whose custody such tobacco is found are to forfeit IDS
for every hundredweight and proportionably for a less quantity. By these lastmentioned
regulations many frauds will be prevented which have hitherto escaped the knowledge of
the officers of the Customs. As to the other parts of this Act, consisting of appointing
more convenient warehouses and increasing rents and salaries, it is needless to trouble
you with them. Act for reviving Act for making more effectual provision against
invasions and insurrections. This Act is the same with the Act made in the first year of His
present Majesty, whereby a method was prescribed for raising, arming, and marching the
militia for suppressing any insurrection or invasion and for ascertaining the pay of the
officers and soldiers so employed; and being a temporary law in the nature of a money
bill, I hope I shall not be judged to have transgressed my instructions by passing it again
on this occasion since it is calculated for the protection of the country and has nothing in
it derogatory to HM's interest. Act for better regulating the militia. As it would be
unnecessary to trouble you with a recital of all the particular clauses in this Act, I shall
only observe that it is well adapted to the circumstances of the colony, and to oblige the
officers as well as private men to do their duty under proper penalties; and I question not,
by the manner directed for arming them and the care that will be taken of them, the militia
will be better than ever and more to be depended on for the common defence. Act for
altering the method of trial of certain criminals. The great number of convicts yearly
imported here and the impossibility of ever reclaiming them from their vicious habits
have occasioned a vast charge to the country in the expense of their trial for felonies
committed since their arrival, for as each of these criminals has had a jury of twelve men

67] AMERICA AND WEST INDIES 1/39 43

summoned to Willliamsburg who have been paid by the public, it became necessary to
lessen the expense as there are no hopes of lessening the number, and it was of no benefit
to the persons accused who are for the most part scarce known in the neighbourhood
where they lived and committed the offence. So that this Act directs that when any
person, being a transported convict, shall be accused of any crime the county court shall
examine and certify whether he be a convict and not out of his time of servitude; and if he
be, then no venire shall go to summon a jury of the county, but such convicts shall be
tried by a jury of bystanders, saving to the prisoner his challenges to those jurors, and by
this method the charge of jurymen will be saved which for some years has been equal
almost to all the other public expenses of the government. Act for continuing and
amending Act for laying duty on liquors. By this Act the same duty on liquors as has
subsisted for many years past is continued until the last day of July 1744, but there is a
further allowance of 1 5 per cent given to the importers of rum in lieu of the leakage which
will render that duty much more easy to the merchants than formerly. And there is also a
further provision for the better securing the payment of the said duty so that this Act is
more beneficial to trade and more convenient to the collectors than any heretofore. Act
for amending and further continuing Act for laying duty on slaves. This Act continues the
like duty of 5 per cent ad valorem on all slaves imported and sold here, and was imposed
by the former Act. And because many of the buyers of slaves have been found to be
negligent in the payment of the duty to the former collectors, the sellers of such slaves are
hereby empowered to receive the duty or promissory notes for the same at the time of
sale, and to account for it to the treasurer, for which they are allowed 6 per cent salary, a
method more easy to honest men and more advantageous to the public. Act for amending
Act for making, clearing, and repairing highways, and for clearing rivers and creeks, and
for making more effectual provision for keeping mill dams in repair. Though by many
former Acts of Assembly surveyors of the highways were enjoined to keep them in repair
and to make bridges and causeways, yet the proprietors of the adjacent lands often
refusing to allow timber for such uses, the roads were but ill kept. But by the provision
made in this Act the surveyors of the highways are empowered to cut down and take
timber from any lands next adjoining, and that the owners of the land may have no reason
to complain the timber is to be valued and the price paid by a tax upon the inhabitants of
the county. Here is also a provision made for obliging people of the next counties
separated by water or a morass to contribute proportionably to the charge of building
bridges and making causeways for the conveniency of travellers, and a penalty on the
justices who shall refuse to do their duty herein. Posts with directions for strangers are
likewise ordered to be set up at all cross or parting roads, and owners of mills standing on
the great roads are made liable to a penalty if they suffer their dams to be out of repair and
unfit for the passage of travellers or carriages. And as this is the most effectual Act that has
been made for the public conveniency I apprehend no objections can be offered against it.
Act for amending Act concerning tithables. The intent of this Act being to detect and
discover a very fraudulent practice of listing tithables in counties and parishes where the
taxes were like to be most moderate, and by that means increasing the charge on the
people of the county and parish where they ought to have been listed and taxed, and
likewise to prevent for the future the combination of others who agree not to list their
tithables and then inform against one another: to prevent all such unrighteous doings one
half of the penalty which is one thousandweight of tobacco for every concealed tithable is
given to the use of the parish and will prove a sufficient restraint on such frauds hereafter.
In this seafaring men who pay towards the support of Greenwich Hospital out of their
wages are exempted from payment of any levies or taxes. Act to restrain sheriffs and other
officers from making unreasonable distresses. The slaves of the inhabitants chargeable

44 STATE PAPERS COLONIAL [6/

with public levies or private debts, being most easily come at, and being for that very
reason more frequently seized and taken in execution, though for the most inconsiderable
demand, this Act restrains sheriffs and other officers from seizing any slave where the
debt and costs do not amount to io/ or 2000 Ibs of tobacco if other sufficient goods of the
debtor shall be shown to the officer to satisfy the debt, and so prohibits all collectors of
public, county, or parish levies from making distresses on slaves and from taking any
other unreasonable distress, and in that case gives the injured an action and full costs,
though the damage does not exceed 405. It also restrains bringing an action for parish
levies but allows distresses to be made for them at any time within three years after they
have become due and no longer and, in favour of liberty, prohibits the taking a debtor's
body in execution for any small debt recoverable before a justice of the peace, which can
only amount to 205. Act for better regulating and collecting officers' fees. Of this kind
there have been many Acts heretofore with little variation, and this Act pursuing the same
method with a small alteration in the fees of surveyors of land and in cases not before
provided for, it would be needless to take up your time with the particulars since they
affect none but the people of the country and they are satisfied with them. Act for
licensing pedlars and preventing frauds in the duty on skins and furs. The reason for
framing this Act is because the greater part of the deerskins and furs got by our frontier
inhabitants, and which were formerly sold here and exported to Great Britain, have been
of late engrossed by the people of Pennsylvania and the northern colonies who under the
denomination of pedlars import rum and other spirituous liquors distilled in those
governments, and with suchlike trifling commodities brought hither by land they
purchase skins at the people's houses, and without paying any duty for them carry them
to Philadelphia and other towns where they are manufactured into gloves and stockings
and sold in the plantations, to the detriment of the trade of Great Britain and to the
damage of the College of William and Mary which has part of its support from a duty laid
on skins exported from hence. So that for securing the duty to the College and bringing
the skin trade upon an equal bottom for foreigners as well as our own inhabitants, it is
enacted that all persons travelling as pedlars shall take a licence from the court of that
county where they first enter the colony and give bond to pay the duty before the skins
they purchase are exported; that if any pedlar is found travelling and trading without such
licence he shall forfeit and pay 205 for every several dealing, recoverable before a justice of
the peace, or have twenty lashes on his bare back. Collectors of the duty on skins are to be
appointed on the frontiers and all skins found in the hands of any pedlar beyond the
residence of the collector, without a certificate that the duty is paid, are to be seized and
forfeited unless the owner shall in two months make proof that the duty was paid. By this
means I hope the exportation of skins and furs to Great Britain will be increased and the
revenue to the College augmented for the encouragement and support of that useful
nursery of religion and learning. Act to encourage settlements on the southern boundary
of this colony. The enlarging the frontier settlements and strengthening them by proper
encouragements for cohabitation has always proved the most effectual method of
securing the country against the Indians and improving the King's revenue. For these
reasons, upon advice that a considerable number of Swiss and German Protestants were
embarked in England for this colony, and that many of HM's natural born subjects from
the northern colonies were inclined to come and be their neighbours, the Assembly
readily agreed to exempt from payment of all levies for ten years all who should settle on
that frontier, and to allow them to pay all officers' fees, such as the surveyors for
bounding their lands, and all costs for the business they may have during that time in the
courts of justice at the rate of \d a pound for tobacco, which will be a very great ease to
them, and have also indulged them to receive letters of naturalization on producing a

67] AMERICA AND WEST INDIES 1739 45

testimonial of their having taken the oaths in the county where they reside instead of
taking them before the governor as others are obliged to do. This settlement is intended to
be near the great ridge of mountains on Roanoke River but it has met with a very fatal
beginning, for the ship in which these Swiss and Germans were, after a tedious passage in
which for want of provisions they were almost starved, happening at last to arrive within
our capes in very stormy weather, and the coldest we have had this winter, was drove
ashore from two anchors, and the poor people in this weak condition endeavouring to get
to land were many of them drowned and others frozen to death before they could reach
any place of shelter; and I think only 70 out of about 200 men, women and children,
escaped with life, who have been hospitably received by the inhabitants and are going to
settle up the country. There are some goods saved which I have taken care to secure for
those to whom they belong. This calamity, the most tragical I ever heard, happened on 2
January. Act declaring the law concerning attachments and altering the court days in the
Counties of Accomack and Amelia. This Act only explains and makes more certain part
of an Act made in 1710 for establishing the county courts, which through the ignorance of
some and the artifice of others had in some places of the country been misconstrued, and
therefore enacts that an attachment against the effects of an insolvent debtor, whether
goods or money, in the hands of a third person may be attached and the party summoned
to give an account thereof upon oath, and thereupon judgment may pass against such
garnishee without other formality. The other part of the Act, being for changing the two
court days therein mentioned into others more convenient, needs no comment. Act for
better preservation of deer and preventing unlawful hunting. The unaccountable practices
of many idle vagrant fellows near the frontiers were like to extirpate the breed of deer by
watching them in their retreats in the rivers and killing them there, destroying the does
big with young and the fawns when just fallen merely for the sake of the skins though
then of little value, and by many other destructive means. It became absolutely necessary
to lay a restraint on such pernicious doings which were attended with many other ill
consequences set forth in the preamble of this bill. For preventing this sort of hunting a
penalty is inflicted on persons killing any deer within the time therein limited or buying
or receiving any deer or deerskins so killed, except in cornfields or grounds where any
grain is actually growing, and except also deer killed by any person living on the frontiers
for the necessary food of his family. Red skins found in any man's possession may be
seized and constables are empowered to search for them and recover the penalty of IDS for
each skin. No hounds are to go at large unless when used in hunting. Fire hunting (which
is setting the woods on fire in large circles enclosing a number of deer therein, and then
shooting them when forced together by the violence of the flames) is hereafter forbid, and
no man is to hunt on his neighbour's land without licence under the penalty of 205 for
every offence, one moiety of all these penalties to go to the poor of the parish and the
other to the informer. And that there may be no excuse for concealing offenders the
county courts are annually to swear the several constables to give information of all
offences against this Act, and the justices on such information are to award judgment and
execution against the goods of the offender. By which rules it is presumed the breed of
deer will be again increased. Act for appointing treasurer. The office of treasurer of the
duty on liquors and slaves becoming vacant on the death of Sir John Randolph, late
Speaker of the House of Burgesses, and only executed by virtue of my commission until a
new appointment, this Act transfers that office and the profits thereof to John Robinson
jnr, esq, the present Speaker, as has been the constant usage heretofore.

Act for appointing several new ferries and discontinuing a former ferry. There is no
occasion to trouble you with any other remarks on this Act except that the increase of the
people and the conveniency of trade made it necessary to add to the number of ferries,

4^ STATE PAPERS COLONIAL [67

and this Act only makes provision where they were wanting and discontinues one ferry
for a better and easier passage at another more useful. Act for raising public levy. This
being a usual Act passed every session of Assembly to ascertain what proportion every-
one is to pay towards defraying the public tobacco charges of the government, it will
suffice to inform you that notwithstanding the extraordinary expense of juries brought
to the general court and courts of oyer and terminer for the trial of criminals, most of
them convicts, yet since the beginning of the last preceding Assembly the whole public
expense amounts to no more than seven Ibs of tobacco per poll. Act for better securing
the title of certain lands to the feoffees of the town of York and for settling the same for a
common for the use of the inhabitants. The reason for this bill is fully set forth in the pre-
amble, which was this. In 1691 an Act was passed here for establishing ports and towns,
and 50 acres of land was directed to be bought and laid out into lots for a town in each
county. According to this appointment 50 acres were purchased by the County of York
and divided into lots and were sold by feoffees to many persons who long since built on
them, and the place is become a town of considerable trade, having a commodious and
safe road for ships and one of the greatest thoroughfares in the country. But by the
imprudence of the surveyor, and to ease himself of some trouble, he left out about five
acres which lay in broken points of land jutting out into the river, and were indeed unfit
to build on, calling it by the name of a common. And this not being computed within the
50 acres, the heir of the person who conveyed the land discovering it and knowing it to be
entailed, entered upon it after his father's death. To avoid, therefore, any controversy
about the title the inhabitants of York came to an agreement to pay him ioo/ for it, and
this Act is made to establish that agreement for the general benefit of the town, and I hope
it will receive HM's royal approbation as it is of public concern to the trade of the country
though private persons have contributed towards it. Act for relief of persons who were
sufferers in the loss of records of County of Nansemond whose cases have not been
already provided for. This is no more than a continuation of two former Acts, the one
passed in the 8th and the other in the loth year of His present Majesty, for admitting the
proof of deeds and other records burnt in the clerk's office of that county and directing
new commissions for taking and perpetuating the like evidence and proof, a necessary
provision for quieting men's titles and possessions. Act for dividing the parishes of
Southwark and Lawns Creek and other purposes therein mentioned. The two parishes in
this bill were some of the first settled and established here and for many years were but
little extended back from James River. But the people having run their plantations and
dwellings upwards of sixty miles south from the river there was a necessity of giving those
parishes a different shape. And as they were in their former separation, as they lay north
and south, better than sixty miles long, they are now by a dividing line lying east and west
brought to almost thirty miles square. Provision is also made to enable the people to buy
more convenient glebes, to sell the old ones, and build houses for their ministers, which is
all that is in it.

Act for erecting two new counties and parishes and granting certain encouragement to
the inhabitants thereof. The great number of people that have of late years made
settlements on the west side of the mountains and the far greater number daily expected,
as well foreign Protestants as HM's natural-born subjects, give great hopes of making that
frontier a strong barrier both against the French and Indians. And therefore to encourage
people to settle there two several districts of land are erected into counties and they are
exempted from the payment of public, county, and parish levies, in the county and parish
from whence they are separated. But because most of the people likely to settle there are
illiterate and many of them not yet understanding the English language, it is left to the
Governor and Council to fix the time when justices and other officers are to be

67] AMERICA AND WEST INDIES 1739 47

established among them which perhaps may not be in some years. In the meantime they
are to be free of levies and are indulged the liberty of paying officers' fees at $d for every Ib
of tobacco and no more. And under these encouragements there is great expectation of a
speedy and large addition of people for securing that frontier. Act to prevent inhabitants
of borough of Norfolk from being compelled to serve in militia of County of Norfolk
and to exempt sailors and seamen from serving in any militia. The town of Norfolk being
the most considerable place for shipping and trade of any in the country, and on that
account erected lately into a borough, it would be very inconvenient and in truth
dangerous to force all the serviceable men in it to go far from the town to attend the
common musters and exercise of the militia when they may with more ease be trained and
disciplined in their town; and therefore this Act directs them to be under such officers at
home as the governor for the time being shall appoint within the limits of the borough,
and that the fines for not attending and other delinquency shall be assessed by the
ordinary magistrate of the place agreeable to the law for regulating the militia. There is
also a clause in this Act that no sailor or seaman in pay on board any vessel shall be
obliged to serve in the militia in any county where he resides during the time he is so
employed, a necessary indulgence to men of that occupation who might otherwise be
subjected to fines for non-appearance though they are perhaps out of the colony and very
useful to their country when they were called to muster. Act allowing fairs to be kept in
town of Fredericksburg. The town of Fredericksburg is situated at the falls of
Rappahannock River and is the nearest place for bringing to water-carriage the
commodities produced by the inhabitants at and beyond the mountains. For the
conveniency of that traffic two fairs are appointed to be kept there yearly in the months of
June and September for two years only, and in that time it will be seen what progress (and
I mean what projects) the inhabitants of those parts make in their improvements so as to
encourage the continuance of this privilege or discontinue it. And as there is a saving to
the King's prerogative I hope nothing in this Act is liable to any exception.

Act for vesting 300 acres of land in Accomack, whereof John Wallop is seised in fee
tail, in Joshua Kendal in fee simple, and for settling several slaves to the uses of the
remaining entailed land. The scope of this Act is expressed in the title, which is to make
effectual the agreement of the fathers of the two parties concerned and mentioned therein,
and is no more than selling part of a tract of entailed land in order to improve the residue
by stocking it with slaves more beneficial for the seller than the keeping entire such
unprofitable land, as all lands without slaves to work upon them are. But as the two
parties interested will direct their agent to wait on you for your favourable report thereof
to HM I shall say no more of it except that all the formality required by HM's instruction
has been duly observed as you will see by the certificates herewith sent. Act to enable
Ralph Wormley to sell and dispose of certain entailed lands to raise money for payment of
his sisters' portions and performance of his father's will. This Act, if I may presume to say
it, well deserves HM's royal approbation as containing an uncommon instance of piety
and generosity, for the father of this Mr Wormley at whose desire this Act passed, having
no other estate than one in tail which he could not charge with children's portions to the
prejudice of his heir, and dying much more in debt than the value of his personal estate,
this young gentleman has not been content to apply the profits of his land since his
father's death to the discharge of his debts but is also now willing by the sale of two tracts
of land herein mentioned to pay the several portions to his sisters and an annuity to a
younger brother according to his father's will, amounting to near 4OOO/, though he has
not one foot of land by descent from his father and after all is to be at the expense of
obtaining the royal approbation to this Act, which I hope by your favourable
recommendation it will receive and, by your indulgence to a young man so deserving, will

48 STATE PAPERS COLONIAL [68

be obtained without the expense of a solicitor, I having out of kindness to him desired Mr
Leheup to attend you for that end and to pay the ordinary fees.

The foregoing Acts severally abridged are all that passed this session. But, as I have
been addressed by the House of Burgesses to use my endeavours to get an Act of
Parliament for leave to import salt from Portugal, a liberty the northern colonies enjoy, I
beg leave to remind you of the difficulties Virginia is under for want of it as they are set
forth in the letter I wrote to you 9 September 1734, and to acquaint you that presuming
upon your favour to us I shall accordingly make other proper application in order to
obtain it for them. I have sent in the box the journals of the Council and House of
Burgesses, with the Naval Officers' lists. Signed. 105 pp. Endorsed, Reed. 17 April, Read 3
May 1739. [CO 5/1324, ff i56-i6id]

68 Gen James Oglethorpe to Duke of Newcastle. Since my arrival I have

February 23 used my utmost endeavours to give the Spaniards no pretence of
complaint and have succeeded in it. But the people of Carolina have
complained to me that the governor of Augustine published a proclamation that all Negro
slaves who could retire thither should be freed. Pursuant to this proclamation several
Negroes have escaped thither by sea and have been received and freed. The planters fear
that the greatest part of their Negroes will leave them. This colony lying between them
and the Spaniards hath hitherto prevented the desertion by land but their daily losses and
fear of entire ruin hath occasioned the Assembly of that province to send to Augustine to
demand restitution of their slaves, for which purpose they sent deputies who came up to
me to desire my assistance. I acquainted them that I could do nothing till I received HM's
commands from you except sending an officer and a letter with them to give what
countenance I could to their demand in an amicable manner. I beg your instructions what
I should do in this matter of the Negroes, for if the Spaniards continue to protect the
runaway slaves Carolina will be entirely ruined, their wealth consisting in slaves, amongst
whom there is a general inclination to liberty; and a revolt among them where they are
protected by a Spanish garrison lying on the same continent will be much more difficult
to quell than the rebellion of the Jamaica Negroes. Signed. i pp. Endorsed, Duplicate. R,
17 May. [CO 5/654, ff I97~i

69 Thomas Jones to Harman Verelst. In mine of 1 7th I acquainted you that

February 23 the Chactaw Indians were come to this place and that I had on i uh

Q 1

instant sent a canoe advising the general, then at the camp at St Symons,
of their arrival. I expected his excellency here by i9th or to have received his orders but
am hitherto disappointed. The difficulties I daily meet with render the situation I am in
very uneasy to me. I cannot patiently acquiesce with the injuries done to the Trustees in
the havoc and waste committed on their estate and effects in this colony which is now
carried on without my control. Mr Causton would give me no account of the livestock
belonging to the Trustees, therefore can only report what I had from others. Mr Mercer
tells me that 99 head of cattle, bought of Mr Clay in Carolina, were brought to this town
and by Mr Causton's order were delivered to the care of Mr Henry Parker this last year.
These cattle were turned out of the pen without being first marked with the Trustees'
brand as had been accustomed, of which number there are not 40 now remaining (on Mr
Parker's island or plantation near Vernon River whither they were sent) but have either
gone back to Carolina or are destroyed. There are several steers and other cattle belonging
to the Trustees (under whose care I know not) that feed near Matthews (Musgrove's)
plantation. The said Matthews is lately gone to live at the forks (being a great way in the
nation, on the Altamaha). He has some cattle on his plantation here which he has left to

72] AMERICA AND WEST INDIES 1/39 49

the management of Mr Robert Williams as reported, and has left one Critchley in his
house at the plantation, which Critchley has killed several steers of late (belonging to the
Trustees as I am informed) and disposed of the carcasses to people in this town. He has
threatened to shoot me as I am told. I acquainted Col Stephens with the affair and
designed to have gone with an officer yesterday to Matthews's in order to view the hides,
if not destroyed, but am advised to wait until the general arrives, who is daily expected. I
received a letter from the general on 8th instant wherein he wills me to let Mr William
Bradley have out of the store (inter alia) 1 1 Ibs of meat per diem. I accordingly on the roth
issued to him 109 Ibs beef and, since, 60 Ibs of pork. About the same time Mr Bradley
brought into his yard two of the Trustees' steers (being the largest in the colony as said)
which steers I had some time ago brought in with design to have them broke for draught
but was then told that they could not be broke, being six years old. Mr Bradley said he
would break the steers for ploughing the Trustees' farms, which I did not oppose. I was
told the next day that he had marked the steers with his own brand and had sent them into
his lot, and yesterday morning I was informed he had slaughtered one of the steers. About
two hours after he sent his servant to me at the store desiring I would let him have some
meat, being out of provisions. I told the servant that Mr Bradley might be assured I would
find some way to supply him with the provisions which the general had ordered before
the fifteen days were expired for which time provisions had been given him. It is generally
reported that he has frequently killed and disposed of the Trustees' cattle, besides those he
calls his own, but cannot come at any certainty of the facts. The reproaches and insults I
meet with do not much affect me but cannot calmly endure to see the Trustees' effects
(with which I am in some measure entrusted) squandered away by a set of idle and
luxurious people. I have heretofore been entrusted with and had the direction of much
larger concerns (though not of so public a nature) for others ; I always looked upon the
interest of my employer as my own and hope shall always think and act accordingly. I
would not willingly offend the Trustees for whom and their generous designs in
establishing this colony I had the greatest esteem (even before they were my masters) but
must beg leave to say that, unless their honours can find some expedient to put a stop to
the prevailing iniquity and rapine which at present prevail, I hope I shall be excused from
the engagement I am now under in their service and that I may not be a witness to the
utter ruin and overthrow of one of the most generous, beneficent and disinterested
designs that I ever knew undertaken. Signed. 2 pp. Addressed. Endorsed, Reed., by Capt
Yeomans, 14 May, Read 23 May 1739. [CO 5/640, ff 283~

70 Minutes of Trustees for Georgia. Resolved that a petition be presented
February 24 to tne House of Lords and House of Commons desiring protection of
Palace court Georgia. Entry. 15 pp. [CO 5/687, pp no-in; entry of the petitions,

dated 24 February, in CO 5/670, pp 375-378]

71 Earl of Wilmington to Duke of Newcastle acknowledging letter of
February 27 yesterday's date and copy of address of House of Lords to the King of

22 inst for copies of several papers. I find that only one of the papers
therein mentioned, viz representation of the Assembly of South Carolina concerning the
state of the province, was ever in the Council office, which was transmitted hither by you
and was in a few days after referred to the Board of Trade where it still remains. Signed. \
p. [CO 5/384, ff 5 2- 53 d]

72 President John Ho well to Commissioners for Trade and Plantations. I
February 28 presume Governor Fitzwilliam has long ere now delivered to you the
ew rovi ence accounts anc j papers of this government to midsummer last; and

50 STATE PAPERS COLONIAL [73

as, by reason of the absence of some of the members of the Council, I have but lately had
an opportunity of examining the treasurer's accounts I hope you will not take it amiss that
I have not till now acquainted you that by the absence of the governor the chief command
of these islands has devolved upon me, which trust I shall endeavour to discharge in such
a manner as not to give you any cause to blame my conduct. And I doubt not but the
governor will upon his return find the country and garrison in the same tranquil and
orderly disposition they were in at his departure, which is greatly owing to the absence of
John Colebrooke whose turbulent and aspiring temper, supported by a few people of the
worst of morals, did during the whole administration of Governor Rogers and some part
of Mr Fitzwilliam's keep the country in a continual ferment and so much diverted the
people's minds from pursuing the proper means of getting a comfortable livelihood that
most of their time was spent in caballing and party disputes, whereof they are now so
sensible that the people in general and even his greatest intimates wish for the reasons
beforementioned he may never return to this island.

Although you are thoroughly apprised of the ruinous condition the barracks of this
garrison are in, I hope you will pardon the liberty I take to mention the hardships the
poor soldiers have undergone these two summers past and they will in all likelihood
suffer next rainy season when scarce five of them will be able to find a place of shelter in
the barracks from the violence and inclemency of the weather, which in the hurricane
times surpasses the comprehension of those who have not been eye-witnesses of it. And I
also take leave to represent to you that the gun-carriages in the fort are so rotten and
decayed that few of them would bear firing twice without falling to pieces, those we use
for morning and evening guns and ordinary salutes being propped and supported in the
best manner we can, yet not so as to be of any service in case of an invasion from an
enemy, which the inhabitants are greatly apprehensive of if a war should happen either
with France or Spain because of our nearness to some of their valuable settlements and the
opportunity either HM's light ships of war or our privateers would have of interrupting
or at least greatly annoying the trade of both those nations to the adjacent part of
America. Papers enclosed. Signed. ii pp. Endorsed, Reed. 12 September, Read 18
October 1739. Enclosed:

72 i Accounts of the duties inward and duties outward arising in the Bahamas,
midsummer 1738 to Christmas 1738. Accounts of HM's revenues arising in the
Bahamas for same period. Passed in Council and sworn to by William Stewart,
receiver-general and treasurer. Signed, J Howell. 7 pp. [CO 23/4, ff

73 Minutes of Common Council of Georgia. Agreed to report of commit-
February 28 t ee t o send jol in sola bills for issue to Mr Gronau for building his

T) 1 /"*

house and to Mr Bolzius for maintenance of Salzburgh widows and
orphans. Entry. ii pp. [CO 5/690, pp 199-200]

74 Consul John Crosse jnr to James Oglethorpe offering to supply to
February 28 Georgia wines of this island which are like Madeira but cheaper. Samuel

Eveleigh of Charleston has taken 100 pipes. Brandy and Malmsey also
available. Signed. ^\ small pp. [CO 5/640, ff a85-286d]

75 Governor William Mathew to Commissioners for Trade and Planta-
March 3 tions. There remaining in this island but six members of the Council by
Antigua ^g death O f Samuel Byam, I have sworn in Rev Francis Byam, son of

the lieut-governor, to make up the number seven. Signed, i small p. Endorsed, Reed. 28
April, Read 2 May 1739. [CO 152/23, ff 2o6-2O7d]

j6\ AMERICA AND WEST INDIES 1/39 51

76 William Shirley to Duke of Newcastle. This morning I received your

March 3 commands relating to Sir Thomas Prendergast's demand against Mr
Boston Auchmuty which I hope I have already finished to Sir Thomas's
satisfaction. Your former letter to Governor Belcher concerning this affair came enclosed
to me under my cover from Sir Thomas when he first committed the care of his lawsuit to
me. Having by that means got the knowledge of your recommending Sir Thomas's
interest, I looked upon it as my duty to accept the procuration against Mr Auchmuty and
have for that reason acted in it as I acquainted Sir Thomas from the beginning and I think
with more success than I could reasonably expect. I must now entreat your favour in
permitting me to express the great concern I am under at receiving this morning an
account of your having been lately troubled with an impertinent letter, signed J Bowden,
containing complaints against Governor Belcher and desiring that I may be put into his
post, and to assure you that it's all counterfeit. The person whose name is borrowed to
sign the letter with is a merchant of the largest estate in this province, a Frenchman by
birth who does not trouble his head about anything that relates to the government, is on
good terms with Governor Belcher and has very little acquaintance with me. And to bring
it to the test whether the letter is of his signing or not, as he is one of the signers of our
merchants' public bills, I have sent Mrs Shirley one of those bills to make use of for a
comparison of his handwriting with that letter. I am also persuaded that the letter did not
come from any friend of mine but some person who designed to discredit me with you.
For if the writer of this letter had really designed to serve me and prejudice the governor
he would I doubt not have communicated it to me and consulted me about the propriety
of framing it and sending it. And I hope I am not fallen so low in your opinion as that you
can think me guilty of offering so very weak and silly an abuse to your goodness as to
encourage such a pitiful contrivance. Besides, when the letter was written I was myself an
utter stranger to any application of my friends for the government and the thing itself was
not then in my aim or thoughts, and there is no person in this province who had any
reason to think that I had any such view. There is indeed one gentleman in the province
whose jealousy I can't forbear mistrusting in this affair and who I know would now be
glad by any contrivance to hurt me in your opinion. It may seem hard and groundless to
impute so mean and improbable an artifice to a gentleman in the highest station among us
but I am so thoroughly acquainted with his politics, and knowing of [MS: to] some other
instances of a like kind of treachery from him towards another gentleman now in
England, that I dare almost risk my credit upon the truth of my suspicion. Having thus
broken in upon you, I must further beg leave just to mention my uneasiness at Mr
Waldo's indiscretions in his application to you in my favour. The account which he has
sent me of his intruding upon you in Sussex and manner of soliciting for me since has
given me no small pain. It is what I am surprised at and should never have consented to if
I had been consulted in it. I am well satisfied of Mr Waldo's friendship for me and am
obliged to him for his good intentions, but I can appeal to my own letters to Mrs Shirley
upon this occasion and Mr Waldo's to me for full proof that he had no commission from
me to act in this manner. It is impossible for me to express fully the deep sense I have of
your late goodness to me in the whole course of my application to HM for annexing a
salary to my post of advocate-general and afterwards in nominating me for chief justice of
the province of New York, and there is nothing I more ardently wish for than to have an
opportunity of giving you a proof of my duty and gratitude to you. Signed. 2% pp.
Endorsed, Duplicate, R, 9 May (by Mr Waldo). [CO 5/899, ff 360-36^]

52 STATE PAPERS COLONIAL [77

77 Harman Verelst to James Oglethorpe, by Mary Ann, Capt Thomas
March 3 Shubrick. Herewith you receive copy of the Trustees' letter of 5

(~* ' C\t&

February [MS: i$th instant] sent by way of New York. Your letter to
me of 22 November last I received 1 5th of last month and laid it before the Trustees. They
are thereby, as well as by your former letters, furnished with reasons for their increasing
of their first demand and they are proceeding with all possible diligence to obtain the
wanted supply. The Trustees having received 4O/ for John MacLeod, the Scots minister at
Darien, they have sent over sola bills for that purpose. They have also sent jol more in
sola bills whereof }/ is to be paid to Mr Gronau to make up the charges of building his
dwelling-house from io/ to 40/5 and 4O/ to Mr Bolzius towards the maintenance of
Salzburgh widows and orphans, which jol is out of money appropriated for the use of the
Salzburghers. The Trustees desire also that, out of the sola bills now sent you and payable
with the money appropriated for the religious uses of the colony, you should direct a
house to be built at Frederica for Mr Norris, the minister who is (on the arrival of Mr
Whitefield at Savannah) to be stationed there, and also to have a 5 -acre lot to be fenced
and cultivated for him; and a 5 -acre lot to be fenced and cultivated for the minister at
Savannah as near as may be to the minister's house there.

Herewith you receive invoice of the 15 tons of beer amounting (with freight and
insurance) to the sum of i6o/ IQS 6d, the produce whereof is to be applied for the clothing
and maintaining the Trustees' servants to be employed in cultivating lands for religious
uses, which William Stephens, Henry Parker and Thomas Jones or any two of them are to
account for to the Trustees in the same manner as they are to account for the sola bills
they are directed to issue. The sola bills sent you, which the Trustees now desire you to
endorse, amount to jiol and herewith you receive an indemnity for the endorsement of
them under the seal of the corporation. They are to be issued by William Stephens, Henry
Parker and Thomas Jones or any two of them in the following manner, viz 6oo/ part
thereof to be applied in clothing and maintenance of the Trustees' servants whose services
are to answer the expense thereof as far as 4OO/ towards building a church at Savannah and
2oo/ in cultivating lands for religious uses in the northern and southern parts of Georgia;
and the other i io/ to Mr MacLeod, Mr Gronau and Mr Bolzius as beforementioned. And
they are directed that the two of them who shall issue the said bills do send an account
signed to the Trustees showing on every issue to whom and for what services agreeable to
the above instructions each respective issue was made, together with a list of the several
bills so issued. The Trustees take the opportunity of acquainting you that the Lords of the
Admiralty, instead of a small sloop to attend on the settlement of Georgia, have ordered
the Phoenix and Seaford men-of-war, both 2o-gun ships, alternately from South Carolina
to Georgia to attend upon and secure Georgia from any attempts. PS. The sola bills are in
a small box directed to you and marked G x C, and consist of 3 1 of io/ each nos 201 to 23 1
and 400 of i/ each nos 2501 to 2900. Entry. 15 pp. [CO 5/667, ff 213-214]

78 Harman Verelst to Thomas Jones. I received your letters dated 19 and
March 3 2 o October and 1 2 November last and several accounts drawn out

Georgia Office whkh Mr Wi iliam Stephens sent me. The Trustees will apply to
Parliament for money to discharge the debt incurred and for further settling and
improving the colony, which when voted they intend to send over a commission to state
and determine the public debts in Georgia and the commissioners will be enabled to sign
to each account the several sums which shall appear to be due to the respective persons
entitled; and such debts is intended to be made payable in England and sola bills will be
sent as soon as the sum is voted; which are to be issued for the service of the colony
according to the regulations to be sent with them whereby all future expenses will be

84] AMERICA AND WEST INDIES 1/39 53

defrayed with ready money and all occasions of contracting new debts avoided pursuant
to the public notices affixed on the storehouses in Georgia and published in the London
and South Carolina Gazettes. [Orders concerning disposal of sola bills and beer in no 77
repeated.] Entry. 12 pp. [CO 5/667, pp 214-215]

79 Same to William Stephens. The observations and directions arising from
March 3 t ne Trustees' perusal of your journal to 21 November last, which they

Georgia Office rece i vec j 2 ^ January following, will be sent to you by the next
opportunity, they not having time at present to fully determine thereupon. The Trustees
have desired Gen Oglethorpe to order the issuing 5OO/ in their sola bills consisting of 100
of 5/ each which by endorsements thereon are to be issued by yourself, Thomas Causton
and Henry Parker or any two of you for defraying the most necessary services of the
colony in the supporting and assisting the industrious and helpless. Therefore you and Mr
Parker are desired to be the two persons who sign to the issue of them, and as you issue
them you are to make out an account showing to whom and for what services agreeable to
the above directions each respective issue is made, which you are to send over to the
Trustees signed by both of you, together with a list of the bills so issued, in order to be
discharged therefrom and to enable the Trustees to account to the public in what services
the monies granted and given have been applied. [Orders concerning disposal of sola bills
and beer in no 77 repeated.} Entry. 15 pp. [CO 5/667, pp 216-217]

80 Same to Rev William Norris. Though the Trustees have received no
March 3 letter from you, yet they hear of your safe arrival by their secretary

Georgia Office William Stephens and by his account hope you will be an acceptable
pastor to the people of Savannah. Mr Whitefield, who arrived here in December last, has
been ordained priest and intends to return soon for Savannah. The Trustees on that
occasion have agreed to your being minister at Frederica after his arrival at Savannah and
have ordered a house to be built there for your reception and a 5 -acre lot near it to be
fenced and cultivated for you at their expense, which will be a very commodious
situation. They desire to hear from you by every opportunity. Entry. \ p. [CO 5/667, p
217]

81 Same to Rev John Martin Bolzius acknowledging letter of 6 November
March 3 J as t and notifying grant of 4O/ by the Trustees towards maintenance of

Georgia Office Salzburgher widows and orphans. Trustees are favourably inclined to
the passage of two Palatine families by the Two Brothers. Nothing shall be wanting to
encourage industry and good harmony. Entry. \ p. [CO 5/667, p 218]

82 Same to Rev Israel Christian Gronau acknowledging letter of 6
March 3 November last and notifying grant of 3O/ towards cost of house in

Georgia Office consideration of its remaining a dwelling-house for a minister for the
time being. Entry. \ p. [CO 5/667, p 218]

83 Same to Messrs Crokatt & Seaman acknowledging letter of 1 2 January

March 3 anc j care o f goods and packets by Minerva, Capt Nickleson. Charges
Georgia Office ^y bg pa j d ntry i p ^Q ^^ p

84 Robert Trevor to Benjamin Martyn acknowledging letter of nth past

March 3 (NS) (OS). I hope all precautions required by this government with respect

Hague to trans j t o f emigrants will have been complied with. There are standing

54 STATE PAPERS COLONIAL [85

orders not to let pass the frontiers those without certificate of some sufficient subject of
this state having given bail for orderly passage through and immediate transportation out
of this country. Your board should have an agent at Rotterdam. Because of contagious
distemper in Hungary attestations of health are also required. Signed. 2\ pp. [CO 5/640, ff
219-292]

85 [Hugh Anderson to Earl of Egmont.] When a person presumes to take

[March 3] U p your time, so valuable in public and private life, by a long epistle it
should carry along with it an apology either from its value or necessity. The first I have no
title to, the second I plead as my excuse. I am no politician and never entertained thoughts
of meddling with other policies than those of nature and vegetables. But when signal
misfortunes threaten a society each member is obliged to contribute his mite for the
public benefit. Such is the melancholy disposition of our affairs which oblige me to waive
the following what inclination and genius would dictate for those measures which
prudence and necessity for the present enforce and to lay before you the present situation
of your poor afflicted province of Georgia which has been so much the object of your
care and the exercise of your humanity. I no wise doubt but information from properer
hands and more able capacities are laid before you, but as truth and sincerity shall guide
my pen I rest assured it may be some confirmation to have the same conveyed in different
channels.

The representation of this division of the province of Georgia which contains the
principal causes of the grievances and presents [the] deplorable condition of the
inhabitants has, I doubt not, before this been presented to the Trustees. As the general
heads of it regard culture and trade I shall beg leave to lay before you my sentiments on
both those grounds. The concurring circumstances of HM's and the nation's bounty and
the generous undertaking of the Trustees, which could only flow from a disinterested
view to the happiness of mankind, were incitements sufficient to engage numbers of
persons of spirit and resolution to risk their all upon the success of an experiment so
apparently well concerted and probable, and in the execution whereof the adventurers
might warrantably expect all the assistance of wisdom, power and humanity. But the best
concerted schemes are but theories and cannot arrive at certainty until put in execution.
According to the best of my knowledge and capacity I shall endeavour to show how far
the concerted plan has succeeded, what now retards its further success and threatens to
conclude the hopes of the nation, the joy of friends and terror of our adversaries, in
confusion and tragedy, which no doubt you and the nation will takes the justest measures
to prevent. I repeat it, my lord, that it was the joy of friends, the envy of neighbours and
the terror of enemies to see the barrier and safeguard of British America rise like an
exhalation under your forming hands: beautiful towns built in the most healthful and
advantageous situations, villages cut out and cultivated, forts in the proper passes erected
and guarded for the safety of the inhabitants, our navigable rivers covered with vessels
and made a new asylum for British ships and commerce in peace or war, and the outmost
isles and lines of our boundaries fortified within sight of our adversaries. Such was lately
the situation of affairs, sufficient to oblige the French (after having in vain tried all the arts
of peace and terrors of war to draw off from our interest or destroy our friendly Indians
that border upon their settlements) to send over numbers of regular forces to reinforce
their garrisons and the Spaniard to augment their forces at St Augustine and erect new
fortifications upon Apallatche Fields. But, oh, how fallen, how changed the beautiful
town of Savannah, decaying and desolate, the greater number of its inhabitants dispersed
in other parts of the world to shun misery and famine, the remainder dispirited and in
want of common necessaries of life, supported only with the assurance of the justice of

85] AMERICA AND WEST INDIES 1739 55

the nation and honour and humanity of the Trustees, the cultivated plantations deserted
and overgrowing with brush, the villages unpeopled, manufactures given over, credit lost
and public works mouldering to destruction before they are finished. I may well apply
here the conclusion which the Trojan hero draws from the review of the tragedy of his
native country, quis talia fando temperet a lachrimis. 1

The colony is composed of two sets of people, those who were sent over by the
Trustees and supported by them, or others who from the probable view of success
ventured their private fortunes in the adventure without being burthensome to the public.
Both I shall now view in the same light as either party have spent their public support or
private stock in prosecuting the intended plan in the first necessary and essential article of
cultivation without success. I do not say that every person of the society has exerted
himself this way. But it suffices for my argument that so many of each kind have with all
diligence, care and application prosecuted the experiment. But now it appears from the
repeated trials of six, five, four, three, two and one years that the labour of the industrious
has sooner exhausted their substance than idleness could have done, and that it is
impossible for us in the present situation we are in, by the produce of our improvements,
to balance the expenses of them: for which I shall assign the following reasons:

ist The nature of the soil. It appears from a simple view of the surface of the soil of
this province and all the maritime coasts of America that we are now possessed of the soils
of the ocean which certainly at some time covered all this part of the continent. The
particles of matter, while in a state of fluidity by their mixture with the water, subsided
according to their specific gravity and upon the retiring of the sea exhibit a level surface of
sand, of which consists the greater part of our firm land. The rivers proceeding from the
distant mountains in their natural tendency to the ocean, where they met with resistance
bedded and dilated, their waters forming swamps and morasses until their swelling and
proper gravity overpowering all resistance digged out those channels in which now they
flow. And therefore the second and lowest level of this country is equal to the surface of
the rivers and consists of savannahs, swamps, morasses and cane or cypress galls, many of
which afford the most valuable soil, the violent course of the rivers having carried off the
movable sand and discovered the clay and loamy strata that lay underneath, and of such
generally are the ricegrounds. The face of the earth, naturally sown with the seeds by the
hand of the Almighty, when impregnated with the fertilizing dews and warmth of the
sun, would soon be covered with vegetable productions most suitable to the nature of the
soil, climate, etc, and thus I present you with a natural landskip of this part of the
continent. It might be expected that the continual falling of the leaves from the trees might
in so many centuries have covered the natural soil with a fertile crust of rotted manure,
but such is the absorbing nature of the trees and plants who generally spread their roots
and fibres upon the surface, or the exhaling heat of the sun, or both, that hardly is the
sand tinged with a different colour; and where it is, on the best high grounds which
produce oak and hickory, the mixture of black earth descends but a few inches, and where
the land is pine-barren the soil is much less improvable. I need say no more to convince
you that no extraordinary returns can be expected, that the ground stands in need of
continual supplies of dung and proper manures (which for the present we cannot furnish)
and that so thin a soil, by the powerful influence of the sun, must be soon exhausted. I
talk of improving by sowing of corn and other the first necessaries of life. As for other
manufactures of silk and wine I shall afterwards express my sentiments. Though the
returns are small the necessary culture includes a continued course of toilsome labour and
intolerable to the constitution of British servants, such as felling, cross-cutting, logging,

''Who, in telling of such things, would hold back from tears?' Virgil, Aeneid, II, 6-8

56 STATE PAPERS COLONIAL [85

heaping, burning, splitting, railing, hoeing, planting, clearing, reaping, etc, and especially
when we reflect upon the second reason viz.

2nd The heat and climate. It will easily be believed that a removal from Britain to so
southern a latitude must very sensibly affect the constitution and that the excess of heat in
the summer disables the servants from working in the middle hours of the day; but to
explain how the heat may occasion those many diseases that they are subject to is the
province of a physician. Only this I know, that it visibly affects the barometer in a
surprising manner, occasions a violent perspiration and languor of the animal spirits and
relaxes all the solids of the body. Nothing more conduces to relieve either persons or
vegetables than a free current of air which as yet we enjoy in very few places, for there
being no concert or methods taken for cultivating contiguous plantations, the many small
improvements made are cut out of a surrounding forest, which admitting no avenues of
air, the health of the inhabitants is impaired and the hopes of the labourer disappointed.

3rd The expense of maintenance is so great that an extraordinary return must be
expected to defray it. The lowest proportion that will satisfy white servants is i Ib flesh, i
Ib breadkind per day, and i bottle molasses per week. Many exceed this quantity, and if it
were possible to retrench it the masters would gain nothing by it for servants when
discontented are of little service. It adds not a little to our necessities that as we cannot
raise those necessary provisions of our own we must buy the greater part from strangers
at double the price they give in the neighbouring province. And in proportion as our
poverty increases, our credit decreases, provisions grow scarcer and the price augments.
To this, join clothes, linens, shoes and other necessaries with the chargeable article of
sickness and expenses, and I must conclude (though I do not pretend to understand
political arithmetic) the total cannot be less than 10 or \^l sterling each. And I must say
that the expenses of physicians and apothecaries is amongst the greatest grievances we
labour under. Our servants are so sensible that it is impossible for them to execute the
most laborious parts of cultivation with safety that great numbers have deserted and daily
do so, well knowing that in all the other provinces there are Negroes to undergo those
labours that would be fatal to a British constitution, and of those who remain almost
certain sickness and frequently death is their fate, and the loss of time the smallest part of
the damage that the master suffers.

4th As the plan of the several lots were cut out regularly and without regard to the
quality of the soil, in many places they occur in pine-barrens which are unimprovable or
in swamps where the necessary dykes and drains surpass the abilities of the planter.

5th I shall only add upon this head another reason that hinders the success of the
laborious planter, and this is poverty. Cattle, hogs, etc would be most useful in
supporting the family but are absolutely necessary to enable him to improve his land,
carry his commodities to and from market, and other uses.

I presume to say that since my arrival in this colony I have with the greatest
application I was capable of prosecuted the improvement of my small farm, cleared,
enclosed and planted 1 5 acres with corn, potatoes, peas, rice, cotton, tobacco, nurseries,
etc, in doing which and maintenance of my family I expended 1 5O/ sterling. The returns of
all which amounted to about 6l sterling. Nor was this the greatest of my losses: two of my
servants deserted to Carolina, four died; out of my family twelve continued sick a long
time; myself after six months of illness given over by the physicians; and a charge of
sickbed expenses, not included in the former, of above $ol sterling. God forbid that I
should lay down my case as a mean to judge others by; I hope few have shared so many
misfortunes. But I may be bold to say that every person has sustained losses and that none
can pretend by his improvements to defray the fifth part of his necessary expendings.

That we are as incapable to relieve our necessities by trade as culture will appear from

85] AMERICA AND WEST INDIES 1739 57

reflecting on what is said in relation to our servants. No branch of trade and manufactures
can be useful or profitable unless the profits arising therefrom do overbalance the
necessary charges; and our private convenience has obliged us to try several kinds of
them, boards, bricks, tannage, etc, which has made some circulation from hand to hand
amongst ourselves. But how could we ever expect to export those commodities to foreign
places when our neighbouring colonies can afford them at a much cheaper rate and in a
great measure have even broke off our endeavours to proceed further by pouring in upon
us those very species much below the extent of our necessary expenses? I acknowledge
that some lumber and staves have been exported from this colony but I do aver it as truth
that no advantage ever did arise to the exporter further than it was perhaps a less loss to
employ their servants in such labour than culture. The second reason which disables us to
prosecute either trade or culture is our want of credit. Your lordship knows very well that
both the mechanic and mercantile part of mankind live more by credit than stock, and the
man who has a probable scheme of improving credit is naturally entitled thereto. We have
exhausted our public support and private stocks in prosecuting the scheme laid down to
us by the Trustees and now stand in need of credit to enable us further to go on. This
credit now so necessary for our subsisting and welfare, we are cut off from by wanting a
full right and title to our lands and being laid under a chain of restrictions to which all
HM's other subjects in America are strangers to. The wisdom of the honourable board in
not dispensing to us at our first settlement the full right and privilege contained in the
King's most gracious charter, with the conveyance of which in the properest manner
those honourable persons were entrusted, was never by us called in question, having
assurances that those restrictions were temporary, for preventing the abuses that might
arise at the settlement of an infant colony and until a proper body of laws under your
consideration should be perfected. For who could scruple to entrust his interest in the
hands of such honourable guardians? Not until the last scene, and I may say catastrophe,
of our tragedy have we presumed in so unanimous manner to request and insist for those
just reliefs which the exigencies of our affairs, the justice of the nation and the humanity
of the Trustees make us depend upon. My lord, I will be bold to say that in no part of
America are there a handful of more resolute spirits either to withstand an enemy, defend
their property (if they had any) or dare difficulties. And as we have not fled our country
for crimes but generously ventured our lives in effecting a settlement upon the most
exposed point of HM's dominions where the barrenness of the earth, the aspect of the
heavens, and situation of our bordering enemies all conspire to shorten our lives and
exercise our courage and patience, we might and do expect that our privileges and liberties
shall equal those of our fellow-subjects. For who would venture his life to defend no
property or fight to secure to himself slavery and poverty? It would be presumptuous in
me to launch into arguments for support of our cause with you whose sympathy and
humanity will supply stronger and more moving defences than I can express. The voice of
our case is sufficiently moving without embellishments to affect the generous. It is
sufficient to the skilful physician that the circumstances of the patient be clearly and justly
represented; to prescribe the method of cure would be superfluous. As for the
manufactures of silk and wine I entertain the most promising hopes that they (especially
the former) may turn to the great support and enriching of the colony and in time, if your
honours will be pleased to give the proper orders and supply the means of bringing those
experiments to perfection, commence a staple commodity [provided] our neighbouring
colonies do no wise interfere with us or we with them. But this is more the subject of our
faith and hopes than of our present advantage.

And now, my lord, to sum up the whole, it appears morally certain that this colony
cannot subsist upon the present footing, and if it is to be altered in the favours of others,

58 STATE PAPERS COLONIAL [86

why not of us who have risked our all in the adventure and who are chargeable with no
blame but that we could not effect impossibilities? Were I to advance that the dissolving
of this colony would disappoint the noble designs of the nation and leave this now
important pass a prey to the French or Spaniards, render the advantages of a regiment and
garrison useless as well as impracticable, irritate the Indians, endanger the loss of the
Indian trade, and expose all the northern colonies to the insults of adversaries, these might
be informations to others but can be none to you whose comprehensive knowledge
engrosses the political interests of states and countries. It is probable that the particular
difficulties of my own condition may necessitate me to seek bread for my family and
children in some other corner of the world before measures for retrieving the state of this
colony can be taken by the board but this shall never abate my solicitude for the
prosperity of this society of which I am a member nor my gratitude to the Trustees, and
particularly your lordship, for favours received which I shall always acknowledge. And I
presume to hope that your goodness will regard my sincere intentions as an apology for
many weaknesses which render this letter unworthy of being presented to you. Copy. j\
pp. Endorsed, (i) Copy letter to Earl of Egmont, 1739. (2) 3 March 1738/9. Copy of letter
from Hugh Anderson to Earl of Egmont. [CO 5/640, ff 287-290^]

86 Governor Edward Trelawny to Duke of Newcastle. A party of the

March 5 militia under command of Col Guthrie, together with a detachment of
Capt Robinson's independent company under the command of Lieut
Sadler, having with great resolution and bravery forced their way through two dangerous
ambushes which were disputed and many narrow passes inexpressibly difficult, and drove
the most considerable party of the rebels in this island out of their town, the rebels sued
for terms which, considering the difficulty and almost impossibility of getting the better
of them by force, by advice of the Council I empowered Col Guthrie and Mr Sadler to
grant them. I send you herewith a copy of the articles of agreement with them, and it will
be the greatest satisfaction to me if HM approves of what has been done. Indeed I am
persuaded myself by what I have seen of the country, and it is the universal opinion of
those that have been the oftenest out on parties and the most acquainted with it, that it is
impossible to reduce the rebels by force. All throughout the length of the island from one
end to the other the middle for some miles is full of thick woods, craggy mountains and
stony precipices. In these the rebels have their settlements which are almost inaccessible
and so posted that a few can keep out fifty times their number. They have fastnesses
behind fastnesses, ambushes and narrow difficult passes one behind the other, and when
with great danger and loss of men you beat them out of one they retire to another and so
on. By knowing the country and being nimbler they are often able to surround our parties
and attack them on every side, hemmed in within those straits. By these means parties
have been generally so unsuccessful that it is supposed that much the greatest part of the
arms which the rebels now have have been taken from those that have gone against them.
I therefore dreaded, I must own, sending out this party; nor should I have done it if I had
not been well-informed and entirely satisfied of the courage, conduct and ability of Col
Guthrie, who as well as Mr Sadler, has entirely answered my utmost expectations. If you
will give yourself the trouble to peruse the extracts of letters which are herewith enclosed,
you will conceive the nature of the service in this country and the almost impossibility of
reducing the rebels by force. It has long been the desire of the generality of the country to
treat with the rebels; I was convinced of the necessity of it but I thought it dangerous to
offer them terms. I wished for such an event as this, that the offer might come from them;
thanks to the bravery of the party that event is brought about and I think there is little
doubt but if we pursue the blow we shall in a little time rid the island of all its rebels.

86] AMERICA AND WEST INDIES 1/39 59

Unhappily at this time we are but thinly inhabited, a great many having been forced by
the rebels to throw up their settlements and others deterred from coming among us; but
now those fears being removed, if at this critical conjuncture HM would be pleased to
countenance us, if he would give his consent to our having from Parliament a sum of
money a third or fourth part of what has been granted to Georgia, to be laid out in
furnishing newcomers with provisions and other necessaries as well as tools to fall lands
and build conveniences till such time as they are able to provide for themselves, they
obliging themselves within a certain time to return the money to be employed in the same
manner to other newcomers (so that it would be a perpetual fund for the settling the
island), I say I am persuaded if HM would extend his royal favour to us so far, this would
be a most flourishing colony and an important possession to the Crown of Great Britain.
I entreat you to represent this matter to HM and to implore at this critical time his most
gracious assistance and protection. I am desired by the Council of this island to use my
good offices for Lieut Sadler who has distinguished himself on this occasion, that he may
receive farther preferment in the army, and likewise for Mr James Cunningham now
acting as lieutenant by warrant from the governor and who went out a volunteer on this
service, that he may have HM's commission. I cannot comply with the desire of the
Council better than by entreating you to move HM that he would prefer these two
gentlemen as desired. Lieut Brodie of Capt Robinson's company and Mr Charles
Ramsay, who acts as lieutenant to the said company by warrant, both did their duty
extremely well; I therefore recommend the latter for a commission. Signed. 4 pp.
Endorsed, R, 4 June. Enclosed:

86 i Trelawny Town, 17 February 1739. Extract of letter from Col John Guthrie
to Governor Trelawny. It is with some pleasure that I am to acquaint you that we are
now masters of Cudjoe's Town. We marched Tuesday last from Mr Hall's at Montego
Bay and yesterday morning about ten of the clock we came up to the open ground
where several Negroes were at work. But being discovered before we could get nigh
them, there was only a child killed and a woman and a child taken. This occasioned a
general alarm, on which they returned in considerable numbers to an ambush through
which we were unavoidably to pass in our way to this town. On our arrival at it the
independents commanded by Capt Sadler sustained a very great fire and in spite of our
best endeavours we were about fifteen minutes before we could gain it, and where one
soldier was killed and two wounded. After having passed the first ambush we came
into a spacious opening where we halted, and the town being about a mile from us we
resolved to proceed no farther that day; but this morning early we marched to it. It is
impossible for me to describe to you the difficult access to it, but being resolved to
make ourselves masters of it we made our way through a strong ambush where three
more of the soldiers were wounded and I am afraid one of them mortally. We stayed
about two hours in the town and then burnt it. We are now returned to the provision
ground where there is great store of it. I have had but little assistance from the free
mulattoes and several of the Negroes, and at the same time I must do justice to Mr
Sadler who has behaved himself with great resolution and bravery. I am sensible you
will be surprised when I mention the resolution of the gentlemen who composed this
party, when we have done so little as to the affair of taking or killing the Negroes, but
if ever you visit this town (which now bears your name) you will not attribute it to
any remissness in us. Copy. z\ p.

86 ii Trelawny Town, 18 February 1739. Same to same. Since mine of last night
we sustained a few shot from Cudjoe which brought on a second conference with him.
Let me assure you that I dread telling you that it ended in peace. I have had him by the
hand, although by so doing Mr Sadler and myself ran some small risk, as did one or

60 STATE PAPERS COLONIAL [86

two other gentlemen. On our first conference he offered to assist against any foreign
enemy and to take up for the future all runaway Negroes, and I on my part promised
in your name that they shall live unmolested in this place with all that they now enjoy.
It is likewise stipulated that I shall stay here in a peaceable manner with them for ten
days, by which time I hope to receive your commands. But as this affair requires a
better head than mine I pray you will make choice of a person to transact the whole
with them. As to any other circumstance in the whole I refer you to the bearer of this,
Lieut Cunningham, who has behaved himself in the best manner. I shall only add that
they live in such places as are almost inaccessible, and to reduce them entirely will
certainly cost much blood and treasure. I shall with impatience wait your pleasure and
shall be careful that no advantage is taken by this treaty. Copy. i pp.

86 iii Trelawny Town, 17 February 1739. Lieut Francis Sadler to Governor
Trelawny. The enclosed is a report or rather a journal of my duty in obedience to your
commands since my last of the i3th, when we marched from Mr Hall's. I fear it will
not be quite so agreeable to you as I could wish as it contains an account of our losing
one man and having five more severely wounded. I hope the nature of our duty will
plead an apology for our misfortunes in this case for I must confess that I should have
judged it more to my own credit could I have executed your commands with less loss.
You gave me instructions that if it should be my opinion the town or any place near it
would be proper to maintain a garrison I should leave a party of soldiers in it. In the
first place a part of what are here at present, nay the whole, would not be sufficient to
defend a barrack in any place I have hitherto seen, unless it were a barrack built with
stone and properly flanked. In the next place, the road to the town from Montego Bay
is so full of cockpits (as is every part near the town) and fit for ambushes that the
baggage will always require an extraordinary guard, and that subject to be intercepted
or cut off with the greatest ease. But as Col Guthrie is of opinion that the country will
support an extraordinary number of militia for his service, he seems willing to
maintain it till it can be determined. Therefore I shall accompany him while properly
supplied with provisions and I shall receive your further pleasure on this head. Copy.
ij pp.

86 iv Trelawny Town, 18 February 1739. Same to same. My letter of yesterday to
you was just going away when we received a salute from the rebels, which therefore
prevented its departure. But an incident since falling out occasions our resolutions on
that head not long to be retarded, for after we had received a few shots we had a
second conference with the rebels which has produced such an alteration in regard to
our differences with them as has never before been known in this island. As we found
them inclinable to peace Col Guthrie and myself endeavoured to forward the affair as
far as we possibly could consonant to your sentiments formerly declared to me on the
occasion. In fine, one or two of the rebels ventured to show themselves on the open
ground, and having then ordered our men not to fire Col Guthrie and myself met
Capt Cud joe, Capt Cuffee and the captain of the Port Antonio gang (who had not
long before joined them with 100 shot), half-way, unarmed, where after mutual
civilities passed between us [they] seemed very well disposed to acknowledge you
with all the deference due to your character, to hold a perfect harmony with the
country, and to render themselves as useful to it as possible by taking up our
runaways and returning them, and of their own accord offered to be assisting on the
first command against the Spaniards or any other foreign enemy on condition that
they might have free possession of this place and be free from slavery, might not be
disturbed by parties, and might have a commerce with us, which we undertook to
answer for as far as possibly we could, presuming it would be agreeable to your

9l] AMERICA AND WEST INDIES 1739 6l

pleasure and the good of the country. I hope these proceedings will meet with your
approbation. I beg leave to add an account from Dr Harris, our surgeon, of the
wounded: Thomas Bradley, dangerous; Patrick Dillon; George Welch; George
Sinclair; Hugh M'Kay; William Hatchet, dead. Copy. 22 pp.

86 v Trelawny Town, i March 1739. Articles of agreement between Col John
Guthrie and Lieut Francis Sadler, and Capt Cudjoe. Copy of articles in no i i6i. 62 pp.
[CO 137/56, ff i89~2O4d; signed duplicate, undated, with copies of enclosures, at ff
i8i-i88d]

87 Petition of John Jenkins of Barbados, merchant, to the King setting
[March 5] forth his losses by the seizure by the Spaniards of his sloop Speedwell

on 27 August 1720 at St Lucia; also the losses of Abel Tudor of Barbados by seizure by
Spaniards of the Marygold on 12 February 1726 at St Croix. The said Tudor, being
indebted to the petitioner, has assigned the claim to him. Signed. 15 pp. Endorsed, R, 5
March 1739. [CO 28/40, ff i65~i66d]

88 Petition of Chaloner Jackson to Commissioners for Trade and Planta-
March 6 t ions praying that action should be expedited upon his complaint

against Governor Fitzwilliam. Copy, i p. Endorsed, Reed. 10 March, Read 15 March
1739. [CO 23/4, ff 55, 55 d, 58, 5 8d]

89 James Oglethorpe to Trustees for Georgia recommending grant of 500
March 8 acres at Augusta to Mr Obryan who has kept a storehouse there for
Savannah furnishing Indian traders with goods. Settlement of Augusta is of great

service, it being 300 miles from the sea and the key to the Indian country. There are others
I shall recommend for lots who have deserved well of the Trustees. Signed. 12 small pp.
[CO 5/640, ff 293

90 Account showing how money granted to the Trustees of Georgia in the

March 8 J as t session of Parliament has been applied. Entry, i p. [CO 5/670, p
Palace Court -i

91 Governor Jonathan Belcher to Duke of Newcastle. I beg leave of you to
March 9 admit my agents, Mr Partridge and Mr Belcher, to put this into your

hands, wherein I would first of all give you my humble and sincerest
thanks for the constant course of your justice and favour to me in the affairs of my
governments. And in the next place I am to beseech your attention for a few minutes
while I say the last ship from London informs me that a complaint had been entered
against me by one Mr Thomlinson in behalf of the House of Representatives of New
Hampshire under the name of an appeal of the said Representatives from the judgment of
HM's commissioners for settling the boundaries between this province and that, though it
seems (by a copy I have seen) to be rather an invective or a libel upon the King's governor.
I am also advised that Col Dunbar and one Mr Waldo were endeavouring to cook up
complaints against me. These gentlemen are my sworn enemies, full of wrath and malice. I
would therefore, while I mention these things, humbly beg you to consider that it is
impossible for a gentleman to be at the head of two of the King's provinces and not have
enemies, although I have good reason to believe the people of both are at this day (19 in
20) in greater tranquillity than they have been for many years past. And what I am now
most humbly to beg of you is whenever anything shall be laid against me as complaint I
may have the liberty of an Englishman to be served with copies and time given to answer.

62 STATE PAPERS COLONIAL [92

This I can't but hope you will think my undoubted right, more especially since HM is
pleased to honour me with commissions for the government of two of his provinces and
in his royal instructions to call me the representative of his royal person. And if I may
have so much justice or favour I shall not be in much pain because I have been always
determined since I have had the honour to serve the King in the station he has placed me
to maintain HM's just rights and honour, and at same time to be tender of the liberties of
his people, and which I think very compatible in an English governor with an English
government. I humbly pray the continuance of your countenance and protection. Signed.
6 small pp. Endorsed, R, 23 May. [CO 5/899, ff 36

92 James Oglethorpe to Trustees for Georgia. I acquainted you upon my

March 9 fi rst arrival with the terrible bad situation of affairs but I find you
received those advices extremely late by reason of neglect at Charleston.
The store has received a second advice from you that you have sent back an account
certified by Mr Causton of jjil 45 jd due to Mr Symond for goods delivered to the stores
here and that you have ordered it to be paid here. The situation of the stores you will find
by Mr Jones's letters as well as mine and that there was a great deal more due amongst the
people than the stores amounted to. The store offered Mr Puny, who is Mr Symond's
correspondent, to deliver him provisions, etc that were in the stores in payment of the
debts at the prices which other creditors offered to take them in payment of theirs but he
said he was unwilling to take the provisions, which was all the poor people here had to
keep them from starving, out of their mouths; and also that his demand was for goods
sold for money and not for provisions and goods which he did not know how to raise
money upon if he had them. Mr Purry here, as well as Mr Symond at London, have been
of great service to the colony. All that they have delivered into the stores has been of the
best sorts, in a good condition and at the lowest prices; and if other people had dealt as
well by the Trustees there had been several thousands of pounds saved. I should therefore
recommend it to you as a point of expediency as well as justice to pay out of the first
monies that come to hand this demand of Mr Symond's. There was 4267 05 id more
delivered by Mr Purry to the store before my arrival and expended, otherwise he would
have taken the same goods back again. Signed. PS. There is also another account not yet
settled which is supposed may amount to about 400 and odd pounds for provisions and
goods delivered before my arrival and money to the missionary. 4 pp. Endorsed, Reed.
18 June 1739. [CO 5/640, ff 29

93 James Oglethorpe to Trustees for Georgia. It is with great difficulty I

March 12 carried on affairs here. Mr Jones hath acted with steadiness and

C U J

courage: he desired me not to confirm a certificate signed by Mr
Causton in favour of Mr Williams for the reasons in his letter. Mr Williams is very angry
and hath got the poor people of Savannah, many of whom are deeply in debt to him, to
sign the petition for Negroes which affirms that white men cannot work in this province.
This assertion I can disprove by hundreds of witnesses, all the Salzburghers, the people at
Darien, many at Frederica and Savannah, and all the industrious in the province. The idle
ones are indeed for Negroes. If the petition is countenanced the province is ruined. Mr
Williams and Dr Talfeur will buy most of the lands at Savannah with debts due to them
and the inhabitants must go off and be succeeded by Negroes; yet the very debtors have
been weak enough to sign their desire of leave to sell. A worse affair hath happened upon
the civil letter wrote by the Trustees to Mr Causton to furnish Col Cochran with what he
wants for the regiment and paying for the same. A credit hath been given to this order to
the amount of 9357 135 $d and Mr Causton hath taken from Col Cochran 1987 in wines.

94] AMERICA AND WEST INDIES 1/39 6}

The debt cannot be demanded of the regiment for regiments have nothing but the pay of
each individual officer and man. When six officers were subsisted out of the Trustees'
store no more should have been issued than what their pay would have discharged but
they have received and spent their pay and the debt for their subsistence is still due to the
Trustees nor can I tell from whence the money can come for to discharge it. I have
advanced for the services of the colony about zoool and have drawn bills upon Mr Verelst
upon my own account and have ordered all my cash, pay and salary, and appointments in
his hands to answer those bills with that sum. I have paid the five months expenses since
my arrival and if Parliament have granted any money I hope you will reserve that sum
that when you are satisfied that it hath been applied in such manner as you shall approve
of you will pay that money into the hands of Mr Verelst for replacing my money that paid
the bills. There are ten ounces of silkworms' eggs hatched and Lyon hath planted f of an
acre of vineyard which thrives well and hath 20 acres cleared already which he intends to
plant in the fall. The Trustees have 2 an acre and the plants have begun to shoot and
promise well. Signed. ^\. pp. Endorsed, Reed., by Capt Yeoman, 14 May 1739. [CO 5/640,
ff 2

94 William Stephens to Trustees for Georgia. My last of 6 February was

March 12 intended by me to be followed with another a week since in order to go
c i

by Capt Thomson then loading at Charleston; but the general's
presence amongst us requiring frequent application from such as have the honour of
serving you to diversity of matters as occasion offered during his short abode here, I was
obliged to postpone it till a few days more were passed, so that I fear Thomson will be
sailed. And now my duty calls upon me to present you with copy of my journal
continued and duplicate of my former letter as customary, both which are herewith
enclosed, and from thence I conceive you may in some measure form an opinion what
posture we are in here. The late representation, so much in vogue with some and in
contempt with others, I have no further occasion to touch upon since (if I am rightly
informed) it is gone to England and either is or will be exposed to your view with all the
celebrated arguments as well as notorious absurdities, more especially relating to
Negroes; and there let it take its fate. The general has shown evident tokens of his deep
resentment here, wherein it is to be hoped men of different sentiments will not be all alike
equally involved. It would be great injury in me not to say with confidence that a remnant
is yet left of such as peaceably and quietly follow their own business without meddling
with matters above their reach.

We are now come to the high season for planting, and upon the general's giving orders
for providing a sufficient stock of good seed of divers kinds for that purpose he also
required the officers to bring him in lists of the several tithings of such as intended to
plant and what store of seed they stood in need of for that use; the returns of which lists
he appeared well pleased at, exceeding far what he expected. But whilst I would be an
advocate for those who are truly deserving I must not swell that number beyond due
bounds, wherefore I took the freedom to offer a caution in delivering out such seed, being
not without reason apprehensive that there might be some among those promisers who
sought corn or potatoes rather with a view of putting it into their bellies than into the
earth; for which reason I conceive when planting is over is the only time to judge of those
who have busied themselves truly in that work and that (if it please God) I shall be exactly
careful to give an account of, and not palliate even my own defects which with grief I
foresee will appear in a disagreeable light not through want of an hearty goodwill and
sincere endeavour to do better but through the inability of some and the incurable
slothfulness of others of that wretched crew of servants that have been a plague to me for

64 STATE PAPERS COLONIAL [95

so many months past (which I have often before taken notice of and is too well known
distinguishable from all about me). I have the mortification to find myself sadly defeated
in those essential points whereon I raised my greatest hopes and must submit (I fear) to be
ranked in a class far inferior to what I aimed at as a planter.

When I look upon myself in another capacity, having the honour to be employed in
your service, I beg leave to say without giving offence that living in a distressed state
cannot but abate those faculties which should enable a man to act with vigour and a spirit
requisite to break through many difficulties which he must expect here to encounter in
discharging his duty as he ought. Your kind approbation of my service which I received
some time since, with an assurance of supporting me against all opposition, gave a fresh
spring to my endeavours and I think I may without vanity take upon me to say that as it is
at my heart to render you more acceptable service, so I am confident I could make it
effectual were not my wings clipped in the attempt. But whilst I am tied down to the
narrow limits I live in through scantiness of means to bestir myself at any time as occasion
may require, it is not possible but many things must escape my knowledge which
undoubtedly you ought not to want information in, and I cannot easily persuade myself
to submit to the low work of writing by hearsay, believing it incumbent on me to
maintain the truth of what I lay before you. Nothing can be more in my aversion than to
be thought craving. It is well know I seek no expensive way of living but, notwithstanding
all the retrenchments I am content to make, I cannot avoid the hateful running in debt for
the necessary incidents of life which affects me heavily. The general was so sensible of this
that he was pleased to order me zol immediately towards supplying my wants additional
to the small sum he gave me in November last, and advised me to write to you about it
that your pleasure might be known, which indeed I had partly done before in my letter to
Mr Verelst of 3 January, and which I begged the favour of him to make known as he saw
proper. To set forth the incessant application to the business my son and I came about,
which we have done our utmost in, would be making an eulogy of ourselves, a task
against my nature, and to be seeking favour with a quantum mermt I think would be
absurd and ridiculous; wherefore I lay that wholly aside and humbly submit it to your
consideration how far you will judge us capable of being useful in your service
henceforward, for in proportion to that and no otherways we ought to rely upon being
favourably upheld from sinking which I will not entertain the least doubt of, that upon
such a firm and certain footing I may go on with courage and act in everything required of
me so as to ensure the continuance of your good opinion. Mr Jones (I am persuaded) has
wrote largely what he thought needful concerning all such affairs as he got the knowledge
of but by what conveyance he sent it I cannot tell. After looking over the contents of my
present journal I am at a loss what to add more. Signed. ^\ small pp. Endorsed^ Reed., by
Capt Mackay, 9 May 1739. [CO 5/640, ff 299~3Ood]

95 Warrant to Governor Jonathan Belcher to continue Benning Went-
March 13 worth as member of Council of New Hampshire while absent for

twelve months. Entry, i p. [CO 324/37, pp 123-124]

96 Rev John Martin Bolzius to Harman Verelst referring to letter of 6
March 14 November last. Gen Oglethorpe ordered the surveyor to lay out farms

at Abercorn Creek. Harvest was good enough for the Salzburghers to
maintain themselves and sell some provisions. Help is needed for the orphan-house.
Another transport of Salzburghers is requested with the same encouragements; they will
be as well satisfied here as we are. The hot season is not as hot as represented by those idle
and delicate people who want to employ Negroes. No Negroes are wanted here: white

lOl] AMERICA AND WEST INDIES 1/39 65

people if industrious are capable of planting. Liberty to sell land would have very
unhappy effects on this congregation. It is hoped that the Trustees will go on aiming at
the true common welfare. Copy. 32 pp. [CO 5/640, ff 301-302]

97 Minutes of Trustees of Georgia. Read resignations from office of
March 14 Common Councilman of Earl of Shaftesbury and Viscount Limerick.
alace Court Resolved that notice of resignation should be given at least one month

before the charter-meeting in March. Entry, i p. [CO 5/687, p 112]

98 Petition of merchants and planters, trading to and interested in the
[March 14] sugar colonies, to the House of Commons, representing fall in re-

exports of sugar from Great Britain. British sugar trade is under many disadvantages
compared to French. British indigo trade has greatly declined. Pray for relief. Copy. 2 pp.
Endorsed, Reed. 14 March, Read 15 March 1739. Reed, from Mr Sharpe, attending with
several of those merchants. [CO 152/23, ff 203, 2O3d, 210, 2iod]

99 Minutes of Trustees for Georgia. General abstract of account of
March 15 Trustees from 9 June 1738 to 14 March 1739 was read and approved.

Resolved that the requirement upon Trustees to give one month's
notice of resignation before the charter-meeting should be a by-law.
Lord Sidney Beauclerk was elected a Trustee; he and Lord Carpenter were elected
Common Councilmen. Committee appointed to prepare a law to enable legal possessors
of land in Georgia, in default of male issue, to leave land to daughters or other female
relatives and their male issue. Entry, z pp. [CO 5/687, pp 113-114; entry of abstract of
accounts in CO 5/670, pp 382-387]

100 Duke of Newcastle to Gen James Oglethorpe. I send you herewith by
March 18 HM's command a copy of the convention between HM and the King of

YWl* li 1 1

Spain concluded at the Pardo on 3/14 January last. As you will see that
by the 2nd article 'the regulation of the limits of Florida and Carolina is referred to the
plenipotentiaries' appointed by HM and the King of Spain, and that it is stipulated 'That
during the time that the discussion of that affair shall last things shall remain in the
aforesaid territories of Florida and Carolina in the same situation they are in at present
without increasing the fortifications there or taking any new posts,' I am to acquaint you
with HM's pleasure that you should conform yourself to what is so agreed by the said
2nd article. Draft, i p. [CO 5/654, ff 2O

101 Gen James Oglethorpe to Duke of Newcastle. In my last I acquainted

March 18 y OU w ith my having sent down an officer with the deputies of the
Charleston Assembly of Carolina to demand the runaway Negroes from the
governor of Augustine. They are returned with the governor's answer, a translation of
which I send you enclosed. With respect to the complaint that he makes with regard to
the Ouchee and Cherokee Indians who murdered two Spanish soldiers at Pupa, those
Indians were under the protection of the people of Carolina and that action was done long
before my arrival. If that was authorized by any it must have been those wicked Indian
traders of whom I have often complained and for the prevention of whom the Trustees
had a trial before the Council; and I at that time acquainted the Lords of the Council that
many of these things would be the consequence if they did not oblige the traders to take
passports and give security. As to the other complaint of eight Spanish transports who
deserted, they were stopped by Capt Mackay in the garrison at St Andrews in order to be

66 STATE PAPERS COLONIAL [lO2

returned; but Lieut-Colonel Cochran commanded Capt Mackay to send them to him at
St Simons and he dismissed them before my arrival, and for which he must answer. I hope
you will be so good as to hasten to me HM's orders what to do upon this occasion. If the
Spaniards continue protecting all slaves that fly to them Carolina will undoubtedly suffer
greatly though Georgia lying between them will, as it already hath, prevent most from
escaping, though some may surmount the difficulty and get safely thither as those from
Port Royal lately did. Signed, if pp. Endorsed, R, 17 May. Enclosed:

101 i Translation of letter, dated at St Augustine on 13 March 1739 (NS), from
Governor Don Manoel Montiano to Gen Oglethorpe acknowledging his letter and
complaining of murders by Indians and harbouring of deserters who had been
condemned to perpetual service. Royal orders require the giving of liberty to fugitive
Negroes. Copy. 3! pp. [CO 5/654, ff 198-20;^]

102 Josiah Burchett to Thomas Hill requesting copy of commission granted
March 19 to commanders-in-chief of men-of-war sent to Newfoundland to be

governors and of the instructions annexed thereto. Signed. 2 p. Addres-
sed. Endorsed, Reed., Read 21 March 1739. [CO 194/10, ff 105, io5d, no, nod]

103 Thomas Causton to Harman Verelst sending extract of accounts under
March 20 general heads for 1736. Those heads I hope to send completed and

whatever else shall appear necessary on my part. I doubt not of your
advice in matters unavoidably perplexed as the fruits of your humanity, especially when
affairs of the colony require it. Signed, i small p. Endorsed, Reed., by John galley, Capt
Paterson, 26 June. [CO 5/640, ff 3O3~3

104 Duke of Newcastle to Commissioners for Trade and Plantations

March 21 enclosing the following. You are to lay before the House of Commons
copies of the papers desired. Signed, Holies Newcastle. 2 p. Endorsed,
Reed. 22 March, Read 25 March 1739. Enclosed:

104 i Resolutions of House of Commons, dated 20 March 1739, to address HM
for copy of representation of Commissioners for Trade and Plantations to House of
Lords, dated 14 January 1735, relating to the strength, trade and fortifications of the
British islands in America; copies of letters received by the Commissioners for Trade
and Plantations since Christmas 1738 from the governors of the sugar colonies giving
an account of any inhabitants deserting to the Danes at Santa Cruz or elsewhere, and
of the illicit trade carried on between the said colonies and St Eustatius and other
foreign colonies; and copy of report of Commissioners for Trade and Plantations to
HM dated 24 July 1724 with the several accounts annexed thereto. 15 pp. [CO 1 52/23,
ff i

105 Minutes of Trustees for Georgia. Oath as Common Councilman was
March 21 administered to Lord Sidney Beauclerk. Letters lately received referred

Palace Court tQ comm i ttee o f correspondence. Entry. | p. [CO 5/687, p 1 1 5]

106 Order of King in Council appointing Edward Jessup to be of the
March 22 Council in St Christopher's in room of William McDowall. Copy,

certified by James Vernon. 12 pp. Endorsed, Reed. 8 May, Read 8 June.
[CO 152/23, ff 2i7~2i8d; sealed original in CO 5/21, ff 43~44d; entry of warrant in CO
324/37, p 125]

Ill] AMERICA AND WEST INDIES 1/39 67

107 Same appointing Samuel Dicker, Rose Fuller, Sir Simon Clark Bart,
March 22 Samuel Whitehorne and Edward Garthwaite to be of the Council in

Jamaica in the room of Thomas Hals and Thomas Garbrand, deceased,
and of Edward Charlton, Henry Dawkins and William Gordon who have refused to
re-accept place in the Council. Copy, certified by J Vernon. iz pp. Endorsed, Reed. 8
May, Read 8 June 1739. [CO 137/23, ff 15, i5d, 18, i8d; sealed original in CO 5/21, ff
45~46d; warrants dated 27 March for Dicker, 28 March for Fuller, 29 March for Clark, 30
March for Whitehorne and 31 March for Garthwaite, entered in CO 324/37, pp 126-128]

108 Same directing that Act passed in South Carolina in 1736 for emitting
March 22 2IOOOO/ in paper bills of credit is to lie by for the present. Commission-
St James s grs Qr Trade an( j Plantations are to prepare draft of additional

instruction to governor of South Carolina agreeable to report of Committee for
Plantation Affairs of i5th inst. Seal. Signed, James Vernon. i\ pp. Endorsed, Reed., Read
24 May 1739. [CO 5/367, ff i-2d]

109 Lords of Council to Governor Edward Trelawny. Whereas HM by
March 22 additional instruction of 12 January 1738 directed you to inquire into a

petition of several traders of Jamaica and others in behalf of the Jews of
that island complaining of additional taxes on Jews, and to transmit a state thereof to HM
in Council, and you were thereby required not to assent to any Act for additional taxes on
Jews until you had received HM's pleasure thereon; and whereas you have transmitted to
HM a state of this matter together with some reasons for continuing such taxes : although
HM does not approve of the method taken in laying a tax on Jews over and above what is
laid on the rest of the inhabitants, he grants you a discretionary power to act therein for
the present year in such manner as you shall find the circumstances of the island may
require. It is HM's determined resolution that after the present year you do not on any
pretence give your assent to any Act whereby such additional tax shall be imposed on the
Jews. We recommend you to consider some expedient to answer the deficiency either by a
duty on dry goods and liquor retailed in the island or in other manner. Copy, certified by
W Sharpe. Signatories, ] Cantuar, Hardwicke, Wilmington, Dorset, Montagu, Holies
Newcastle, Pembroke, Abercorn, Torrington, W Lee, Charles Wager. 22 pp. Endorsed,
Reed. 8 May, Read 8 June 1739. [CO 137/23, ff 16-i/d]

110 Certificate by Governor Gabriel Johnston that Nathaniel Rice is
March 26 Secretary and Clerk of the Council of North Carolina. Signed. \ p.

Endorsed, R, 10 April 1740, in a cover directed to Duke of Newcastle without any letter.
Enclosed:

no i Minutes of Council of North Carolina, 28 June 1738 to 29 June 1738.
Signed. Nathaniel Rice. 7 pp.

1 10 ii 30 May 1739. Certificate by Governor Johnston to same effect as covering
document. Signed. 5 p.

no iii Minutes of Council of North Carolina, 16 November 1738 to 6 March
1739. Signed, as no uoi. 25 pp. Endorsed, as covering certificate. 1 ! {CO 5/306, ff
8i-io2d]

111 Minutes of Common Council of Georgia. Agreed to report of commit-
March 28 tee to send 80 sacks of flour, 30 firkins of butter and about 20 cwt of

Palace Court cneese to Georgia consigned to storekeepers at Savannah and Frederica
who are to account for issue thereof under the supervision of William Stephens and the

68 STATE PAPERS COLONIAL [lI2

bailiffs of each place, for distribution to the Trust's servants, widows and orphans, and
the sick. Accounts to be made up of all provisions remaining in the stores in Georgia.
Signed draft on the bank for 2$ol for these provisions and freight. Resolved that William
Stephens have 5O/ in consideration of sickness of his family and losses of servants. Rev Mr
Norris to be paid salary due, and for the future to be paid quarterly. Ordered that copies
of all certified accounts demanded here be sent over to William Stephens, Henry Parker
and Thomas Jones to examine and state their opinion whether they are true and still due.
Referred to a committee to consider proper persons to be commissioners in Georgia for
examining and stating the public debts of the colony and to prepare instructions for said
commissioners to examine the accounts of Mr Bradley and Mr Causton. The same
committee to prepare an estimate of the future expense of Georgia from midsummer 1739
to midsummer 1740 and to consider in what manner forfeited lots may be regranted.
Ordered that the surveyors send the Trustees maps of lands which they survey. Agreed to
report of committee of correspondence upon the judgment made on Joseph Hethering-
ton, Henry Bishop and Francis Elgar, found guilty of felony: that it was surprising the
magistrates had sent no report; and that the proper punishment for cattle-stealing would
be a pecuniary mulct of three times the value. Agreed to report of same committee on Col
Oglethorpe's letter of 7 October 1738 that the old freeholders at Frederica should have 2
Ibs of meat each a week till Michaelmas 1739; that five persons newly arrived at Frederica
should have the same; that the payment of a month's wages to servants at St Andrews
should be allowed though their services are unknown and there is no establishment at St
Andrews; and that Mr Auspurgur be desired to explain the employment of a surveyor,
deputy surveyor and labourers. Entry. 7 pp. [CO 5/690, pp 201-207]

112 Minutes of Trustees for Georgia. Received, by Dr Hales, 12 Bibles and

March 28 ^g books of Whole Duty of Man, an anonymous benefaction. Entry. \
Palace Court p [CQ ^/ 6 ^ p Il6]

113 John Thomlinson to Commissioners for Trade and Plantations. Gout
March 29 makes it impossible for me to wait on you tomorrow on the affair of the

nty ane p a p er currenc y o f Massachusetts. I hope you will not encourage any
scheme for emitting more paper money until the merchants trading thither have time to
write to their factors in New England and have their sentiments on the affair, or at least
more time to consider better of the affair, and thereby be better enabled to lay before you
the effect such a scheme may have on their property in that and the neighbouring
provinces. Signed, i p. Endorsed, Reed. 30 March, Read 3 April 1739. [CO 5/881, ff
84-84A dorse]

114 William Stephens to Harman Verelst. Having sent away my last no
March 29 longer since than 22nd inst for want of an opportunity of doing it

sooner though it was ready long before, I have scarce anything
particular immediately to offer as from myself but intend soon to write again fully of
what I apprehend may be proper to notify. The occasion of this is from Mr Causton who
has just now brought me the two enclosed packets desiring me to take charge of them (as
he had formerly received orders from the Trust to send what he wrote under cover from
me), and as a friend of his was going instantly for Charleston he said he should be well
pleased if I would commit the care of it to him who he could confide in to deliver it safe
into the hands of some master upon sailing that should take a proper receipt for it, etc,
and as the affair was properly a concern of his own I thought what he asked was not
unreasonable. I find Mr Jones and he, after long prelude, are near coming to closer work

Il6] AMERICA AND WEST INDIES 1739 69

and defiance seems to be given on both sides; but as these are matters out of my
cognizance I meddle on neither. Signed. % p. Endorsed, Reed., by John galley, Capt
Patterson, 26 June 1739. [CO 5/640, ff 305,

115 Governor Edward Trelawny to Duke of Newcastle sending duplicate

March 30 o f letter of 5 March and enclosing the following. The Spanish man-of-

war, reported lost at Anegada, was not in her way from Old Spain but,

as I find since, one of those ships that sailed from Havana for Cartagena on 1 3 November

last: her name Victoria, the same that was reported to be lost in the Gulf. There is so little

dependence on informations from captains of ships that I shall be more careful how I

trouble you with them for the future. Signed. ii pp. Endorsed, R, 4 June. Enclosed:

115 i Speech of Governor Trelawny to Council and Assembly of Jamaica
reporting progress of operations against rebels and recommending that this opportun-
ity of securing peace be not let slip. Copy. 4^ pp.

1 1 5 ii Speech of thanks by same to Council of Jamaica for their address. Copy.

P-

115 iii 16 March 1738. Address of Assembly of Jamaica to Governor Trelawny.
Copy. Signatory, William Nedham, Speaker. 2 pp.

115 iv 14 March 1739. Address of Council of Jamaica to Governor Trelawny.
Copy. Signatory, Samuel Williams, Clerk. 2^ pp.

1 1 5 v Speech of thanks by Governor Trelawny to Assembly of Jamaica for their
address. Copy, 2 p. [CO 137/56, ff 205-2 i8d]

116 Same to Commissioners for Trade and Plantations. I have concluded an
March 30 accommodation with the principal and most numerous body of the

rebellious Negroes upon the conditions of which I herewith send you a
copy. The chief reasons of this island's being so thinly inhabited is because there is hardly
any good land which has hitherto been safe from the incursions of these rebels,
unoccupied, at least unpatented. There is enough, and upon all accounts as good as that
already patented, which has remained desert for fear of those incursions, and many who
have begun plantations exposed to that danger have been forced to abandon them upon
that account. As these fears are now diminished and in a fair way to be soon entirely
removed I think it a critical conjuncture to settle this island better than it ever yet has been
and consequently to render it more beneficial to our mother country. I have for that
purpose wrote to the Duke of Newcastle desiring him to represent this matter to HM that
HM may countenance the improvement of this island by giving his consent to this island's
having from Parliament a sum of money, though it were only a third or fourth part of
what has been granted to Georgia, to be laid out in furnishing newcomers with provisions
and other necessaries as well as tools to fall land and build conveniences till such time as
they shall be able to provide for themselves, they obliging themselves to return the money
within a certain time, which shall be employed in the same manner for the use of
newcomers so as become a perpetual fund for the settling of the island. I hope you will
think this a reasonable, useful and practicable scheme, and if you do that you will
represent it as such to HM, and if it be proposed in Parliament that you will contribute
your endeavours to effectuate it for the public advantage. Signed. 25 pp. Endorsed, Reed.,
Read 5 June 1739. Enclosed:

116 i Jamaica, at the camp near Trelawny Town, March the ist 1738/9. In the
name of God, amen. Whereas Capt Cudjoe, Capt Accompong, Capt Johnny, Capt
Cuffee, Capt Quacow and several other Negroes, their dependents and adherents,
have been in a state of war and hostility for several years past against our Sovereign

JO STATE PAPERS COLONIAL [ll6

Lord the King and the inhabitants of this island, and whereas peace and friendship
among mankind and the preventing the effusion of blood is agreeable to God,
consonant to reason, and desired by every good man, and whereas HM George the
2nd, King of Great Britain, France and Ireland, and of Jamaica Lord, etc, has by his
letters patent dated February the 24th 1738, in the i2th year of his reign granted full
power and authority to John Guthrie and Francis Sadler to negotiate and finally
conclude a treaty of peace and friendship with the aforesaid Capt Cudjoe, the rest of
his captains, adherents and others his men, they mutually, sincerely, and amicably
have agreed to the following articles.

i st. That hostilities shall cease on both sides for ever. 2nd. That the said Capt
Cudjoe, the rest of his captains, adherents and men shall be for ever hereafter in a
perfect state of freedom and liberty, excepting those who have been taken by them or
fled to them within two years last past if such are willing to return to their said masters
and owners with full pardon and indemnity from their said masters or owners for
what is past, provided always that if they are not willing to return they shall remain in
subjection to Capt Cudjoe and in friendship with us according to the form and tenor
of this treaty. 3rd. That they shall enjoy and possess for themselves and posterity for
ever all the lands situate and laying between Trelawny Town and the Cockpits to the
amount of 1 500 acres bearing N West from the said Trelawny Town. 4th. That they
shall have liberty to plant the said lands with coffee, cocoa, ginger, tobacco and
cotton, and to breed cattle, hogs, goats or any other stock, and dispose of the produce
or increase of the said commodities to the inhabitants of this island, provided always
that when they bring the said commodities to market they shall apply first to the
custos or any other magistrate of the respective parishes where they expose their
goods for sale for a licence to vend the same. 5th. That Capt Cudjoe and all the
captains adherent and people now in subjection to him shall all live together within the
bounds of Trelawny Town and that they have liberty to hunt when they shall think fit
except within three miles of any settlement, crawl or pen, provided always that, in case
the hunters of Capt Cudjoe and those of other settlements meet, then the hogs to be
equally divided between both parties. 6th. That the said Capt Cudjoe and his
successors do use their best endeavours to take, kill, suppress or destroy either by
themselves or jointly with any other number of men commanded on that service by
HE the governor or commander-in-chief for the time being all rebels wheresoever
they be throughout this island unless they submit to the same terms of accommoda-
tion granted to Capt Cudjoe and his successors, /th. That in case this island be
invaded by any foreign enemy, the said Capt Cudjoe and his successors hereinafter
named to be appointed shall then upon notice given immediately repair to any place
the governor for the time being shall appoint in order to repel the said invaders with
his or their utmost force and to submit to the order of the commander-in-chief on that
occasion. 8th. That if any white man shall do any manner of injury to Capt Cudjoe,
his successors, or any of his or their people, they shall apply to any commanding
officer or magistrate of the neighbourhood for justice, and in case Capt Cudjoe or any
of his people shall do any injury to any white person he shall submit himself or deliver
up such offenders to justice. 9th. That if any Negroes shall hereafter run away from
their masters or owners and fall into Capt Cudjoe's hands, they shall immediately be
sent back to the chief magistrate of the next parish where they are taken and those that
bring them are to be satisfied for their trouble as the legislature shall appoint. loth.
That all Negroes taken since the raising of this party by Capt Cudjoe's people shall
immediately be returned, i ith. That Capt Cudjoe and his successors shall wait on HE
the governor or the commander-in-chief for the time being once every year if

119] AMERICA AND WEST INDIES 1/39 /I

thereunto required. i2th. That Capt Cudjoe during his life and the captains
succeeding him shall have full power to inflict any punishment they think proper for
crimes committed by their men among themselves, death only excepted, in which case
if the captain thinks they deserve death he shall be obliged to bring them before any
Justice of Peace who shall order proceedings on their trial equal to those of other free
Negroes. i}th. That Capt Cudjoe with his people shall cut, clear and keep open large
and convenient roads from Trelawny Town to Westmorland and St James's, and if
possible to St Elizabeth. i4th. That two white men to be nominated by HE or the
commander-in-chief for the time being shall constantly live and reside with Capt
Cudjoe and his successors in order to maintain a friendly correspondence with the
inhabitants of this island. i5th. That Capt Cudjoe shall during his life be chief
commander in Trelawny Town; after his decease the command to devolve on his
brother Capt Accompong; and in case of his decease, on his next brother Capt
Johnny; and failing him, Capt Cuffee shall succeed, who is to be succeeded by Capt
Quacow, and after all their demises the governor or commander-in-chief for the time
being shall appoint from time to time whom he thinks fit for that command. In
testimony of the above presents we have hereunto set our hands and seals the day and
date above written. Copy. Signatories, the mark of Cajoe; John Guthrie; Francis
Sadler. 6 pp. Endorsed, Reed, with Mr Trelawny's letter of 30 March 1739. Reed.,
Read 5 June 1739. [CO 137/23, ff 5-1 od]

117 Benjamin Martyn to Rev William Norris by Charles, Capt Henry
March 30 Hammond. The Trustees have received your two letters of 19 October

Georgia Othce an j I ^ D ecem b> er last. They are very much pleased with the zeal which
appears in the prosecution of your duty which the Trustees have heard by other hands is
very great. They are very sensible that you must have met with great difficulties but they
hope by your prudence and the restoration of affairs there (which will soon take effect)
that everything for the future will prove easy to you, especially as you are placed at
Frederica in a more healthy climate than Savannah is and among a people who by
accounts which have been received lead sober and orderly lives. You will receive by this
ship a box of books containing 36 Bibles, 51 Common Prayerbooks, 88 Lewis's
Catechism and 20 of the Duties of Man. The box is directed to you and the books are for
the use of the people at Frederica to be distributed as you think proper. Entry. \ p. [CO
5/667, p 219]

118 Same to Consul John Cross at Teneriffe acknowledging letter of 13
March 30 November. The Trustees have no occasion at present for sending wine

Georgia Office tQ Georgia Entfy ^ i p [ CO 5/667, P ^20]

119 Traders to Massachusetts to Commissioners for Trade and Plantations
[March 30] opposing bill of Massachusetts for emission of 6oooo/ in bills of credit.

No new bills should be issued until old ones have been cancelled and then only in
proportion. Bills should be taken at stated rates and at no more under penalty. This Act
will prejudice special contracts already existing for payments in gold and silver. Provision
should be made for government being answerable for any loss by issue of these bills of
credit in case borrowers or their security should not be responsible. Money paid in by
borrowers ought not to lie useless to the public for so long a period as five years but said
bills should be gradually sunk. 12 pp. Endorsed, Reed., Read 30 March 1739. Left by Mr
Wood, agent for the merchants. [CO 5/881, ff 80, Sod, 83, 83d]

72 STATE PAPERS COLONIAL [l2O

120 Objections by merchants trading to New England sent to Commission-
[March 30] ers f or Trade and Plantations, against bill for emitting 6oooo/ in bills of

credit in Massachusetts. New England's trade with West Indies brings in gold and silver.
No new emission should take place until old bills have been called in. Large sudden
emissions have been found detrimental to Great Britain. Maximum value of bills should
be set. Locking up so much bullion for so long time must be detrimental to any country;
payment of these bills should be in three, six, and ten years. We see no provision for
deficiencies that may arise from misfortunes attending the borrowers. We hope you will
not think it reasonable that this paper currency should go in discharge for specialties made
or to be made. Ratio between gold and silver is wrong. 25 pp. Endorsed, Reed., Read 30
March 1739. Left by Mr Townsend and others. [CO 5/881, ff 8i-82d]

121 Kennedy O'Brien to Trustees for Georgia. I settled in this township
April 1 upwards of two years ago by Mr Oglethorpe's permission before he
Augusta W ent last for Britain and have made considerable improvements here

which has cost upwards of 3OO/ sterling and that without a farthing expense to you. Since
Gen Oglethorpe's last arrival here I have waited on him and showed him the enclosed plat
which he has been pleased to approve so far as to fix his letter to you to it; and if you will
comply with what he there recommends to you by sending me a grant for the same you
will oblige. Signed, i small p. [CO 5/640, f 306]

122 Duke of Newcastle to Commissioners for Trade and Plantations
April 2 requesting draft commission and instructions for Henry Medley,

commander of HMS Romney, appointed governor of Newfoundland.
Signed, Holies Newcastle, f p. Endorsed, Reed. 3 April, Read 4 April 1739. [CO 194/10,
ff 106, io6d, 109, iO9d]

123 Minutes of Trustees for Georgia. Resolved that William Bradley be
April 2 discharged from being overseer of the Trust's servants and from all

other trusts. Commission and instructions to William Stephens, Henry
Parker and Thomas Jones for examining and stating public debts in Georgia, read and
ordered to be sealed. Entry, i p. [CO 5/687, p 117; entry of commissions and
instructions, dated 2 April, in CO 5/670, pp 388-391]

124 Benjamin Martyn to James Oglethorpe by Charles, Capt Hammond,
April 2 anc j Prince, Capt Bowles. The Trustees in their last letter could not give

:orgia Uthce y QU ^ sat i s f act i on vou might expect relating to their application to
Parliament as they had not presented their petition and were uncertain as to the event of
it. It has since been taken into consideration and on 26th of last month 2oooo/ was voted
for the further settling and improving the colony. Their success in this was partly owing
to the critical situation of affairs (Georgia being at present more generally looked on as a
national concern than it has been) and to the Trustees' vigorous representations of the
debts of the province and what has occasioned them and that they shall not be liable to
any others for the future. As the Trustees therefore are absolutely sure that they shall
never be able to procure any more extraordinary grants from Parliament for maintaining
the people or keeping up any stores, they hope the people will after having been
supported for seven years give no room to the world to suspect that it is owing either to
their want of industry or the badness of the soil or climate that they cannot support
themselves. That the Trustees may come at a complete knowledge of the public debts of
the province they desire that attested copies of all accounts between the Trust and any

124] AMERICA AND WEST INDIES 1/39 73

persons in Georgia, of their demands upon the store as well as the store's demands upon
them (whether by money, servants or goods) which have hitherto been perfected in
pursuance of your orders as signified in your letter of 7 October last, and not already sent,
be transmitted to them with all convenient speed and particularly an attested copy of Mr
Horton's account of cattle and corn advanced to the inhabitants of Frederica. They have
likewise prepared a commission for examining and stating the public debts of the colony
and have prepared instructions for the commissioners. By the measures which they are
taking to discharge the debts the remaining stores will be freed from those debts and
applicable only to the future support of the colony.

The Trustees were pleased with the directions which you had given that those who
had lodged any of their private goods in the store should have them immediately restored
to them again. The Trustees cannot but take notice how much the public is indebted to
you for the great zeal which you have shown for supporting the colony in its exigencies,
even at the expense of your own fortune, but they now hope they shall soon be able to
send over the proper assistance. The commissioners who are to state the public debts of
the colony are likewise instructed to examine and state Mr Causton's and Mr Bradley's
accounts which have given the Trustees great uneasiness. The Trustees observe what Mr
Causton has said in extenuation of his offences : as to the converting of the public money
for his own use it was not in his power, being too glaring an act, but he had it in his power
to apply for his own benefit the stores and servants, which they find he has done. The
Trustees have taken into consideration the petition of the old freeholders at Frederica
desiring [MS: during] a loan of 2 Ibs of meat, 6 Ibs of breadkind, and i pint of molasses
each head per week. As they find by the postscript of your letter of 7 October that their
petition was reduced by their own consent to 2 Ibs of meat each head per week, they are
willing for an encouragement to gratify them in this till Michaelmas next and no longer.
They therefore desire (as they will not keep any store open but for those whom they are
obliged to maintain) that you will advance to the petitioners in money the value of 2 Ibs of
meat each head per week till Michaelmas next. They also desire that you will make the
same advance for the same time to the five persons lately arrived at Frederica who
petitioned to be supported till they could support themselves, which the Trustees say they
cannot and will not undertake especially as the said persons were not sent over by them.
The Trustees observe in your letter that mention is made of an establishment at St
Andrews consisting of nineteen of the Trust servants and ten hired men, that you have
reduced the ten upon hire but thought it necessary to allow them one month's pay for
their return home. As the Trustees suppose the pay of the ten men has already been
defrayed by you they are willing to allow it but they do not know what services the
nineteen Trust servants are employed upon, unless upon the fortifications which do not
belong to the Trust and which they cannot be at any expense about or maintain servants
on.

The Trustees have sent by the Charles, Capt Hammond, 80 barrels of flour, about 25
cwt of cheese and 30 firkins of butter. They have ordered that these and the future stores
the storekeeper do receive by the bill of lading in the presence of Mr Stephens and the first
and second bailiff, or any two of them, who are to testify the receipt of the same; and that
the storekeeper do not deliver out any part of the stores but under the direction (by
written orders) of Mr Stephens and the first and second bailiff, or any two of them, and
that the issue of the stores be in the first place to the Trust servants, in the second to the
widows and orphans, and afterwards to such of the people as are in necessity from
sickness or any unavoidable calamity. The Trustees have given directions that an account
should be made up of all kinds of the stores that shall appear to remain at the time the
present provisions shall arrive there, distinguishing the respective species and persons in

74 STATE PAPERS COLONIAL [125

whose hands the same shall appear to be. They have also directed that the storekeeper do
keep an account of the sex, age, name and condition of every person to whom any part is
issued and that he do punctually make up his accounts every month which are to be
attested by Mr Stephens and the first and second bailiff, or any two of them, and
transmitted every opportunity. The Trustees have appointed Mr Richard White to have
the care of the provisions to be sent to the southern part of the province which are to be
issued only by directions (in written orders) of Mr Stephens and the first and second
bailiff of Frederica, or any two of them, in the same manner and under the same
limitations as at Savannah; and he is to observe the same method in his accounts which are
to be attested by Mr Stephens and the first and second bailiff of Frederica, or any two of
them, and are to be transmitted every opportunity. When the stores now in Georgia and
those sent by this ship are issued the Trustees are determined that there shall be no more
stores in either part of the province but that all payments shall be made in money.

Mr Bradley being discharged by the Trustees from being overseer of the Trust's
servants, the Trustees have given orders that Mr Stephens and the first and second bailiff
of Savannah do find out and appoint a proper overseer of the Trust servants in the
northern part of the province, and that Mr Stephens and the first and second bailiff of
Frederica do find out and appoint a proper overseer of the Trust servants in the southern
part; and that the overseers do keep accounts how many of the servants are employed and
of the progress of their labour agreeable to the Trustees' letter of 1 1 August last, and the
accounts are to be attested by Mr Stephens and the bailiffs or any two of them for each
division and transmitted by every opportunity. The Trustees have ordered 2O/ to be given
to Mr Stephens to pay the expenses he has contracted by the sickness of his family and }O/
more in consideration of his losses by his servants' sickness. They have also ordered that
what money is due to Mr Norris the minister be paid to him and desire that you will give
it him, as well as the 5<D/ to Mr Stephens, out of the sola bills which you carried over with
you. They think it necessary that for the future the minister's salary of 5O/ per annum be
paid to him quarterly in money. That the Trustees may have it in their power to evince the
great utility of the province they desire that you will send them by the first opportunity
plans of all the forts in Georgia and their situation, and likewise as particular a description
as may be of all the islands and ports and their situations between Savannah and St Juan's
River. The Trustees intend to take into their consideration the services of Mr Camuse. A
committee is appointed by the Trustees to prepare a law that the legal possessors for the
time being of lands in Georgia, being tenants in tail male only, shall be empowered in
default of issue male by any deed or writing or by their last will and testament (attested by
two or more credible witnesses to be registered in a limited time) to appoint any daughter
as his successor to hold to her and the heirs male of her body, and in case of no daughter
any male or female relation provided that the persons or persons so appointed do in court
personally appear and claim the lot devised to her within eighteen months after the death
of the grantor or devisor, and in default of such claim the lot to remain to the Trustees to
be granted out by them. Entry. 4! pp. [CO 5/667, pp 220-224]

125 Benjamin Martyn to [Samuel] Auspurger requesting maps of all the
April 2 surveyed lands and accounts for whom the lands are, in what place, the

f f~\(fl ' *

number of acres, and the nature of the different soils. Entry. \ p. [CO
5/667, p 224]

126 Harman Verelst to William Stephens. The Trustees received your letter

April 2 o f 2 January and your journal therewith transmitted: they came to the
Georgia Office offic ^ l6rfl Q f { ^ month ^ wi jj be considered by the fim

126] AMERICA AND WEST INDIES 1/39 75

opportunity and their observations and directions which have arisen on your preceding
journals or shall arise upon this last will be sent to you with all possible dispatch. But
having observed that Joseph Hetherington, Henry Bishop and Francis Elgar (servant to
Mrs Lacey) had been indicted of felony in killing some cattle belonging to Henry Parker
and been found guilty of the indictment, and that the magistrates had suspended passing a
judgment on them till they had the Trustees' direction, the Trustees are surprised that the
magistrates have not applied to them for their opinion. If the case had been laid before the
Trustees they would have been inclinable to think that they ought not to have been
indicted of felony; but upon a clear conviction of any persons stealing or killing any cattle
that appeared to be the property of any other person, the proper punishment would be a
pecuniary mulct of three times the value. Herewith you receive a copy of the bill of lading
consigned to Mr Abercromby at Charleston to be sent to Mr Thomas Jones from him,
which consists of 80 barrels of flour, 30 firkins of butter and 14 casks of cheese, and a box
of books directed to Rev Mr Norris which is to be delivered to him; and herewith you
have a copy of the invoice of the said flour, butter and cheese. These provisions Mr Jones
is to receive by the said copy of the bill of lading in your presence together with the first
and second bailiff at Savannah, or any two of you, who are to testify the receipt thereof
and thereby become a charge on him as storekeeper. And the Trustees have directed his
discharge thereof to be only by written orders from any two of the three beforementioned
and that he punctually make up his accounts every month not only of the provisions now
sent but also of the issues of the stores remaining unissued on the receipt hereof, with an
account of such remain, which are to be issued only by like written orders, which
accounts are to be transmitted to the Trustees by every opportunity attested by yourself
and the said first and second bailiff or any two of them. Directions in no 1 24 repeated here
concerning: issue of stores to and by Richard White at Frederica and his accounting for
same; priorities in issue of stores; mode of accounting for remains of stores; appointment of
overseers of Trust's servants in both northern and southern districts who are not to be
concerned in cultivation of their own lands and who will receive an allowance in the
estimates from midsummer next.

The Trustees in consideration of your expenses by the sickness of your family have
allowed you 2O/ to defray that expense and in consideration of your loss by your servants'
sickness they have allowed you 3O/ more, which sums are to be paid out of the 5OO/ in the
Trustees' sola bills Gen Oglethorpe brought over with him; and the Trustees in their
estimate from midsummer next will consider you for the additional business they have
directed you to transact, being very desirous to encourage you as far as in their power to
continue that care and full intelligence in the Trustees' affairs you have hitherto pursued.
The Trustees have also directed that the salary of 5O/ a year due to Rev Mr Norris should
be paid to him out of the said 5oo/ in sola bills and that the said salary shall be paid for the
future quarterly. The Trustees desire you will send them an exact list of all the Trustees'
servants with their several times of service to which they are respectively engaged, and
they desire to know what will be the expense fully to maintain by the week in victuals and
clothes each servant, the Trustees intending to defray all expenses with ready money and
to have no future store.

Herewith you receive a commission appointing yourself, Mr Henry Parker and Mr
Thomas Jones commissioners for examining the several items of the following accounts
certified by Mr Thomas Causton, copies whereof are herewith sent you, excepting the
two not yet demanded, viz an account certified 21 January 1737/8 to Capt William
Thomson for 4697 is \\d; an account certified 25 March 1738 to Messrs Samuel Montaigut
& Co for 772/ 45 jd; an account certified 1 5 April 1738 to executors of Paul Jenys for 5907
135 jd\ two accounts certified 29 April 1738 to Messrs Pytt & Tuckwell, the one for io2/

/6 STATE PAPERS COLONIAL [127

55 o\d and the other for /9/ 135 jd; an account certified 15 June 1738 to Recompence
Stanberry for 68/ 135 nd and an account certified 25 June 1738 to Messrs Pytt &
Tuckwell for 22 5/ 75 2\d, neither yet demanded of the Trustees; an account certified 5
August 1738 to Messrs Samuel Montaigut & Co for 426/05 ^d\ and an account certified 20
August 1738 to Messrs Robert & John Williams for 5877 135; and also to examine and
state the several debts owing by the store in Georgia on 10 October last which are
specified in a list thereof herewith sent you, copied from that the Trustees received from
you on 22 January last amounting in the whole to 668 8/ 15 ^\d, and to examine and state
whether any parts thereof are included in the beforementioned certified accounts, and if
any and what parts of either hath at any time been paid and satisfied; and also to state how
much of the account certified to the executors of Paul Jenys now remains due after the
credit for the duty of rum, and 3/ 35 otherwise due to the Trustees, is given according to
the account herewith sent you as stated by the Trustees: in which commission a power is
given to the commissioners to administer oaths to the claimants and persons they shall
produce in evidence, and herewith you receive instructions for the executing the said
commission and for examining and stating the accounts of Mr Thomas Causton and Mr
William Bradley. Information concerning new law to permit female inheritance in no 124
repeated here. Dr Beniman preached before the Trustees that day and I have sent you six
of his sermons and will send more by the next opportunity. PS. Please to acquaint Mr
Henry Parker with what relates to him, and Mr Richard White and the ist and 2nd bailiffs
of Frederica with what relates to them. I have wrote to Mr Jones. Entry. 4? pp. Enclosed:

126 i Invoice of flour, butter and cheese shipped on Charles, Capt Henry
Hammond, by bill of lading dated 31 March 1739. Entry, fp. [CO 5/667, pp 225-229]

127 Harman Verelst to Thomas Jones repeating orders in nos 124 and 126
April 2 concerning consignment of provisions by Charles, accounting for same,

commission for examining accounts and debts in Georgia. Entry, is pp.
[CO 5/667, pp 230-231]

128 Same to Rev Martin Bolzius. Carpenter, shoemaker and five single
April 2 women are on their way to community at Ebenezer; the Trustees have

:orgia O hce SU ppli e d t ne shoemaker with leather on condition of making shoes for
the orphan-house at half-price. Schoolmaster should instruct the Salzburgher children in
English and the people should speak it. Entry. \ p. [CO 5/667, pp 231-232]

129 Same to James Abercromby sending bill of lading to be forwarded to
April 2 Thomas Jones at Savannah and seven passengers from Salzburgh on

Georgia Office their way tQ Georg i a charges will be paid. Entry. % p. [CO 5/667, p

130 Same to William Bradley. The Trustees have this day discharged you
April 2 from being overseer of servants and have appointed a commission to

Georgia Office examine your account . Entry. \ p. [CO 5/667, p 232]

131 Governor Gabriel Johnston to Duke of Newcastle. A little before last
April 10 Christmas I ordered writs to be issued for calling an Assembly of HM's

ro subjects of this province which accordingly met at New Bern on 6

February last and have passed several very beneficial laws, particularly an Act for granting
HM a rent-roll and for the more effectual collecting of his quitrents, an Act for the
improvement of the trade and navigation of this province, an Act for the more speedy

136] AMERICA AND WEST INDIES 1739 77

administration of justice by establishing of circuit courts, and a great many other good
laws, more than has been passed by all the Assemblies since the foundation of the colony.
It is with great pleasure I now inform you that after a five years struggle, during which I
have suffered infinite hardships and no means have been left unattempted to induce me to
depart from my instructions, matters are at length brought to this happy issue and in a
country where disorder and confusion have prevailed from its first settlement the
foundations of peace and good order are at last so firmly laid. I was assured at the
breaking up of this session by the most considerable members of both Houses that at their
next meeting in November they were firmly determined to pass such other laws as might
be judged necessary for HM's service and the public good. I have ordered the secretary to
make out a fair copy of the Acts and other proceedings of this Assembly which shall be
speedily transmitted to you. Signed. i small pp. Endorsed, R, 16 July. [CO 5/309, ff
i 37 -i 3 8d]

132 Same to Commissioners for Trade and Plantations. In substance same as
April 10 no ^L Signed. 15 small pp. Endorsed, Reed. 3 July 1739, Read 5 July

1739- [CO 5/295, ff i45-i46d]

133 Commissioners for Trade and Plantations to the King. We have
A P nl n received from Governor Belcher a bill passed in Massachusetts for

emitting 6oooo/ in bills of credit to which the governor did not give
assent, it being contrary to his instructions. We have taken account of the sentiments of
the British merchants and propose that the governor be empowered to give his assent to a
bill for emitting this sum on the following conditions, (i) No new bills to be made current
until all emitted before 1727 be called in and sunk. (2) No new bills to be issued more than
the value paid off in each year out of the paper money now current and emitted since
1727. (3) Value of new bills to be fixed at 6s %d. (4) New bills to be redeemed periodically
after 3, 6 and 10 years. (5) Proper provision to be made for deficiencies arising by
insolvency of borrowers. (6) No special contracts made for gold, silver or merchandise to
be affected by the Act. (7) Suspending clause to be inserted. Entry. Signatories, Monson,
M Bladen, Edward Ashe, J Brudenell, A Croft, R Plumer. 92 pp. [CO 5/917, pp 259-268]

134 Same to Duke of Newcastle enclosing drafts of commission and
April 1 1 instructions to Henry Medley, appointed governor of Newfoundland,

with representation thereon. Entry. Signatories, Monson, A Croft,
Edward Ashe, R Plumer, J Brudenell. \ p. Enclosed:

134 i Same to the King. No alteration from commission and instructions given to
Philip Vanbrugh. Entry. Signatories, as covering letter, i p. [CO 195/7, pp 480-481;
signed original of covering letter in CO 5/198, f 10; draft commission in CO 5/198, ff
i4-i7d]

135 Some Observations on the Right of the Crown of Great Britain to the
April 16 Northwest Continent of America, by discovery, occupation, conquest

and treaty. Presented to the Duke of Newcastle by Harman Verelst. With supporting
documents 1495-1739. Entry. 105 pp. [CO 5/283]

136 Proposals about the limits of Florida and Carolina received from
[April 1 7] Harman Verelst. Limits of Florida to extend to southern shore of River

St Juan with freedom of navigation of that river, being in 30 10' north. Limits of
Carolina to extend to northern shore of said river, which being narrow lies about the same

78 STATE PAPERS COLONIAL [137

latitude. Spaniards to demolish Picolata, a small fort on the northern side of said river, and
to make no settlements or build any forts on the north side of said river. And the English
to erect no other forts further to the southward than their present fort called St Andrew in
the island of Cumberland formerly called St Pedro in lat 30 30' north. By which means a
space of about twenty miles will be left as a frontier between Carolina and Florida on the
northern side of the said River St Juan, whereon the subjects of neither crown to erect any
forts or settlements. NB. There are a few men kept at St George's Point on the northern
side of the River St Juan as a lookout, the Spaniards having a lookout of the like nature on
the southern side. i^pp. Endorsed, R, 1 7 April, f rom Mr Verelst. [CO 5/654, ff 21 i-md]

137 Commissioners for Trade and Plantations to the King recommending
April 18 William Mackinen to be of the Council in Antigua in the room of John

\V/L * V. 1 1

Duer, resigned. Entry. Signatories, M Bladen, Edward Ashe, James
Brudenell, R Plumer. i p. [CO 153/16, p 158; entry of warrant, dated 17 June 1739, in
CO 324/37, p 129]

138 Same to same recommending Richard Oliver to be of the Council in
April 18 Antigua in the room of Samuel Byam, deceased. Entry. Signatories, M

Whitehall Bladen, Edward Ashe, James Brudenell, R Plumer. i p. [CO 1 53/16, p
159; entry of warrant, dated 16 June 1739, in CO 324/37, p 129]

139 Lieut-Governor George Clarke to Duke of Newcastle. The smallpox
April 18 being in town, and one third part of the Assembly not having had it, I

New York g aye ^gj^ l eave to s i t at Greenwich, a small village about two or three

miles out of town; but there, too, their fears of that distemper continuing, I was obliged

on their request to give them leave to adjourn to the fourth Tuesday in August, having

first passed a bill to revive an Act passed in 1737 for laying duties on wine, etc, and

another of a more private nature. What they will then do I cannot yet tell. You may be

pleased to observe by an enclosed paper that much pains is taken to keep them from going

right, and in truth those notions are too predominant in the province. That paper was

published the day before the election in this town, and I could not possibly get my answer

printed before the election. However, judging it necessary not to let it go unobserved, I

got the enclosed answer printed in two or three days, hoping to expel the poison which

the other paper had infused into the minds of the people. If I have failed either in matter

or manner, or both, I hope you will impute it to my want of ability, for I wrote it in the

integrity of my heart. I do myself the honour to send you my speech and the Assembly's

address. I am now almost two years in arrear of my salary and perquisites and am daily

running in debt to support a numerous family; but, let my necessities be what they will, I

assure you that nothing shall divert me from my duty to HM and that I will leave nothing

unattempted to bring the Assembly to theirs and I hope patience and moderation may at

length have an happy effect. I beseech you to be assured that I will not do (as I have not

hitherto done) anything to occasion disturbances here or complaints at home. The people

are very quiet and easy in all things except that of giving a revenue for a term of years, that

being the point in dispute between us. Signed. 2\ small pp. Endorsed, R, June. Enclosed:

139 i Many of the Electors of the Two to the Electors of the Four, send greeting.

Gentlemen, we cannot without some resentment in our minds (though for peace sake

we are loath by word to express it) hear of many falsehoods most industriously

inculcated by some of you against the two members we have requested to stand as

candidates at the coming election; we are so far from charging all or a majority of you

with doing so; we suspect only a few that from private views and aspiring at a

139] AMERICA AND WEST INDIES IJ39 79

domination over this city, and despising moderation, equality and a just balance, have
set despicable hands at work who stick at nothing in the way they take to spread such
calumnies amongst us. There are many witnesses that our Two cannot be supposed to
do the things imputed to them, for before we resolved they should stand we
interrogated them to the questions following or to that purpose, to which they gave
answers to the following purpose. And in order to obviate the calumnies spread
abroad concerning these two gentlemen we find it necessary to publish the same
questions with their answers.

Question i . If you are elected a representative for the city in the ensuing General
Assembly, will you do the best you can for the benefit of the colony in general and of
the city in particular, and promote the interest, trade and commerce thereof?

Answer. I will.

Question 2. Will you, directly or indirectly, consent to or connive at the granting a
support for five years or any greater number of years than one? This question is
demanded of you because the practice of granting a support for five years was not
introduced into this colony till the first of the two late long Assemblies, each of which
did twice give a five years support, and by unhappy experience we have thence found
that the governor hath been too much independent of the people, the means of redress
of public grievances hath in a great measure been taken away, and such laws as were
needful for the country have been rendered difficult to be obtained, which have tended
during the two last long Assemblies to the great grievance and oppression of the people
of this colony.

Answer. I will not, directly or indirectly, consent to or connive at the granting a
support for five years or any greater number of years than one.

Question 3. Will you, directly or indirectly, consent to or connive at the granting of
any public money of this colony without appropriation, thereby putting it in men's
power to waste and squander it away, contrary to the intent of the givers, as too often
heretofore has been done?

Answer. I will not.

Question 4. Will you do your best endeavours that the minutes of the Assembly be
printed with the names of all the voters to any material question, if demanded by any
one member, pro and con as they voted, and also the names of the neutral persons, that
we may see who have best discharged their duty?

Answer. I will.

Question 5. Will you do your [best] endeavour that an Act be passed for the
frequent electing of representatives to serve in General Assembly that our trustees may
not (as too often heretofore) turn lords and petty tyrants over us, studying to support
and continue their own domination and neglecting the grievances and interest of the
people of this colony, and will you use all means in your power to obtain His Majesty's
royal assent thereto?

Answer. I will.

Question 6. Will you use your utmost endeavours that an Act be passed to preserve
the freedom of elections and to prevent bribery and corruption therein, and
particularly that elections may be by BALLOT as in the neighbouring colonies, and
will you use your best and sincere endeavours that His Majesty's royal assent may be
had thereto?

Answer. I will.

Question 7. Will you accept of any office for yourself that is in the gift of the
governor or make interest for any such office for any other person during such time as
you shall continue an Assemblyman, or will you accept of any promise during your

80 STATE PAPERS COLONIAL [140

being an Assemblyman of such office to be conferred on you or any other person after
you shall [? cease to] be one of the Assembly?

Answer. I will do neither.

Question 8. Will you do your utmost endeavours that the people of this colony may
have an agent to solicit their affairs at the court of Great Britain dependent only on the
Assembly ?

Answer. I will.

We further intend at the place of election, before we give a vote for the Two to
demand of them, Whether they agree to those , answers to the above eight questions?
Which if they agree to, then we will vote for them, but otherwise not. And further, if
in the meantime you can propose any other reasonable thing that they ought to be
limited to, or if we can think of anything further, we shall in like manner examine
them upon it.

Gentlemen, we have made enquiry whether you took any precautions when you
set up your Four? and are really concerned to hear that no care hath been taken by you
on this head, but have trusted yourselves and us as far as you could to their discretion:
a power too unbounded for any man to be possessed of. Were we not concerned in
them as you (which we are by our consenting that Two of your Four shall be chosen,
by our setting up only Two} we should take no notice of this. But as we have an
interest in them equal with you, we conceive it is our duty both to you, our
fellow-citizens, and to ourselves and posterity who must suffer with you if they act
wrong, still to remind you who are for the Four to examine them publicly upon the
intentions of their conduct, that you may have a right to use them as they shall deserve
if they act contrary to your inclinations and their own promises and betray the trust
reposed in them. And should they refuse to explain themselves publicly on these heads
we entreat you as yet to think of other persons that will; and if you cannot find any
amongst you who will so explain themselves we can present to you enough of as good
men who will make those promises and perform them. Printed, i large p.

139 ii An Unanswerable Answer to the Cavils and Objections (Printed or not
Printed, or not worth Printing) Against a Paper lately Published, called Many of the
Electors of the Two to the Electors of the Four. Printed. 4 pp.

139 iii Speech of Lieut-Governor Clarke to General Assembly of New York on
27 March 1739. Printed. 3 pp.

139 iv Address of General Assembly of New York to Lieut-Governor Clarke.
Printed, i p. [CO 5/1094, ff

140 Same to Commissioners for Trade and Plantations acknowledging

April 18 receipt last night of letter of 6 December. I will more particularly
New York an swer by the first ship bound for London, but there being one just
upon the departure and impatient to sail for Holland I only acquaint you that the
smallpox being in town and nine of the twenty-seven that compose the House of
Representatives have not had it, they desired my leave to adjourn to a small village about
two or three miles off, but that would not quiet their fears; wherefore, having passed a
short bill to revive the Act passed in 1737 for laying duties on rum, etc and one to restrain
hogs from running at large, I was obliged on their request to give them leave to adjourn to
the fourth Tuesday in August, hoping by that time the smallpox will be entirely gone.
What I shall then bring them to I cannot yet tell, for though the province is very quiet and
people live well with one another, yet you will see by the enclosed printed paper what
their prevailing thoughts are by which those who have contrary notions are swayed
against their will. That paper came out the day before the election for this town and was

141] AMERICA AND WEST INDIES 1739 8l

read publicly to the candidates. I had no time to answer it and to get my answer printed
before the election but in two or three days I published the enclosed answer, judging it
highly necessary that some notice should be taken of it to prevent its ill effects if it might
be. I likewise send my speech and the Assembly's address. Signed, 2 small pp. Endorsed,
Reed. 20 June, Read 21 June 1739. Enclosed:

140 i Printed copies of no 139 i-iv. [CO 5/1059, ff 84-8 5 d,

141 Governor Edward Trelawny to Duke of Newcastle. In a letter dated 19

April 19 J u ly ^g I represented to you the difficulties I should meet with in
Jamaica complying with my additional instruction relating to the Jews in case I
should not before the meeting of the subsequent Assembly receive HM's orders about
that affair. Annexed to that letter I sent you two papers containing reasons for the taxing
of the Jews. Copies of that letter and those papers I herewith send. I put off the meeting of
the Assembly to the utmost; it met on 13 March. The bill to tax the Jews in the same
manner as before has been passed this session by the Council and Assembly, but not by
me till within a day of the expiration of the former because I remained in hopes of
receiving orders concerning it from you. As I did not receive any, I was forced to pass it
lest by rejecting it I should have brought HM's troops into the most extreme distress,
which not admitting of any remedy might have produced disorder and even mutiny, as
has happened before upon the same occasion. This, though to be feared and avoided at all
times, at present would certainly defeat the entire reduction of the rebels, which is already
far advanced, if not produce greater calamities than have hitherto been felt; for the clause
to tax the Jews is again, as I told you it probably would be, inserted in the bill for raising
the additional subsistence paid by this country to HM's troops which nearly equals their
pay from England. The Council unanimously advised me to pass this bill for the reasons
hereunto annexed. Address enclosed. Signed. PS. I herewith enclose list of Spanish ships
of war in West Indies which I believe may be depended upon. i\ pp. Endorsed, R, 2 July.
Enclosed:

141 i List of Spanish ships of war in West Indies. At Havana: Guiposcoa, 66
guns; Grand Leon, 70 guns; Retiro (new), 50 guns. At Vera Cruz: Castilla, 60 guns;
Esperansa, 50 guns; St Juan, 50 guns. At Cartagena: Conquistador, 60 guns; Europa,
60 guns; Africa, 60 guns; Dragon, 60 guns; Triumph, 24 guns; Chata, 20 guns; Ceitan,
20 guns; a snow, 14 guns. Ships lost and condemned: Victoria Galera, 50 guns;
Incendio, 40 guns; Lan-Frank, 50 guns. Two 7o-gun ships on the stocks and will be
ready for sea in about nine months, i p.

141 ii Reasons of Council of Jamaica delivered to Mr Trelawny (after seeing his
additional instruction) to pass the bill for taxing the Jews. The question is of the
greatest importance. We have before us HM's instruction and at the same time we are
entrusted with the safety of the country. If we adhere strictly to the instruction we
inevitably involve the country in the greatest confusion; if we depart from it we may
incur HM's displeasure. We have already shown our regard to the instruction by
amending the deficiency law in which some distinction was made in prejudice to the
Jews. The Assembly have adhered to their bill; that bill is lost which raised men or
money for the defence of the colony. The additional duty bill is of much greater
consequence. The eight independent companies are more amply provided for in this
bill than formerly and there is no other possible way in our power to support them.
The mischief need not be pointed out of leaving the companies unprovided, which are
near equal to a third part of the male inhabitants of this country, and that at a very
critical time. We have endeavoured to amend this bill but have failed. The former law
for subsisting the soldiers will expire in two days so the question is reduced to this

82 STATE PAPERS COLONIAL [142

dilemma: hazard HM's displeasure or involve the country in mischief. We believe HM
would determine against himself for the safety of his colony and therefore give our
opinion for the passing of the bill. Copy. 25 pp.

141 iii Address of Council and Assembly of Jamaica to the King expressing
thanks for supply of ordnance and stores for fortifications here and for the
appointment of Governor Trelawny. Passed the Assembly, 13 April 1739. Signed,
William Nedham, Speaker. Passed the Council, 14 April 1739. Signed, Samuel
Williams, Clerk, i large p. [CO 137/56, ff zzz-zzyd; signed duplicate of covering
letter, endorsed Reed. 12 July, and signed duplicate of no iii, in CO 137/48, ff 5 1-5 4d;
for letter of 19 July 1738 and enclosures, see Cal SP Col, XLIV, no 348]

142 Governor William Mathew to Commissioners for Trade and Planta-
April 21 tions sending three Acts passed in Nevis, one Act passed in Montserrat,
Antigua minutes of Council of Montserrat from 25 December 1738 to 25 March

1739, and minutes of Assembly of Montserrat from 28 February 1739 to 24 March
following. Signed. i pp. Endorsed, Reed, n July, Read 31 August 1739. [CO 152/23, ff
228-229!]

143 William Stephens to Harman Verelst. My intent was, now the general
April 21 nas again left us and is gone south, to have wrote in few days fully to the
Savannah Trustees and yourself also, but finding the opportunity of a boat going

just now to Charleston which will not stay for me, and it is seldom I find the like
convenience, I catch hold of a few minutes just to acquaint you that upon the general's
telling me he found a backwardness in those who were concerned to account for the
half-fees and perquisites due to our dear friend's family, it was his advice that no further
time should be lost (very sorry I am that so much has already been, against my will) but
that the shortest way ought to be taken and they should be obliged to do right to those
who demand it; wherefore, by his advice likewise, I am putting it into the hands of one
Mr Whitaker, a lawyer at Charleston of unquestionable abilities in all respects and who is
beyond regarding the frowns of any the greatest among them. God grant I may be able to
send some good account of it in the end: my best care will not be wanting to attend my
wishes. I send him copies of all I think needful in what I received from Mr Horsey and
you, with such other hints of my own as I apprehend may be of any use; and as I am
advised, shall send you what information I get about it. I would fain have it come to pass
that the first letter I write Mr Horsey might be an acceptable one to him and all the family
to whom I beg you to present my hearty respects. Since the hurry I am in now will not
permit me to write coolly my thoughts as I ought to the board, I hope they will be good
enough to accept what I have ready always which is a continuance of my journal; and I
think many days will not pass ere I shall find occasion to address them with such thoughts
as are proper for me to put in a letter. My last to them was of 12 March whereof I also
now enclose a copy and I shall be glad one time or other to know that all my letters came
to hand. As for any we receive I can say nothing, woe is me. The last I had was from you
of 2 October which I received in December. We hear by uncertain report that a ship is
newly arrived at Charleston from London which makes us prick up our ears in hopes to
hear once again from England. It is said that there has not arrived one ship from London
before this in three or four months past. Signed, i p. Addressed. [CO 5/640, ff 309-3 lod]

144 Governor Edward Trelawny to Duke of Newcastle soliciting commis-
April 23 s i on o f lieutenant for William Lewis when those for whom I have
Jamaica already troubled you shall have been provided. He behaved very well as

148] AMERICA AND WEST INDIES 1739 &3

a volunteer in the late party against the rebels. Mr John Jones, my secretary, is also
recommended for like commission. Signed, ig pp. Endorsed, R, 2 July. Enclosed:

144 i Reasons of Council of Jamaica for passing bill relating to Jews. Copy, of no
i4iii. 22 pp. [CO 137/56, ff

145 Lieut-Governor George Clarke to Duke of Newcastle. The vessel by
April 23 which I wrote you 28 December, being as I am just now informed, cast

New York awa y i n Bristol Channel and the letters lost, I send a duplicate. Signed, i
small p. Endorsed, R, June. [CO 5/1094, ff 93~94d]

146 Josiah Burchett to Thomas Hill. Acquaint the Commissioners for
April 24 Trade and Plantations that HMS Deal Castle [Note: Capt Temple

Admiralty West] will be ordered in three or four days at farthest to proceed to
Canso to attend the fishery there. Heads of inquiry for her captain should be sent hither
as soon as may be. Signed. \ p. Endorsed, Reed. 24 April, Read 27 April 1739. [CO 217/8,
ff 44-4 5 d]

147 Lieut-Governor George Clarke to Commissioners for Trade and
April 24 Plantations. The ship by which I wrote to you the roth of this month

New York being detained by the owners longer than they intended, I have since
received your letter of 6 February, for which I give you my most humble thanks finding
myself by your approbation of my conduct fortified against the difficulties I have yet to
encounter, for I shall have a hard struggle about the revenue and struggle I will. The
Assembly by the word appropriation mean more than you conceive they do, for they
mean by it to assume to themselves the power in the revenue bill to ascertain every
officer's salary and to apply and issue the money they give to those very officers and uses
and no other, thereby making the governor and every officer in the government
dependent on them alone and wresting from the governor the right of issuing the money
(which they give for the support of government) as hath hitherto been done with advice of
the Council pursuant to the King's instruction. They have for above twenty years upon
their giving a revenue ascertained every officer's salary in their votes and the governors
have very seldom in issuing the money varied from it; but now they would go a step
further and in effect assume to themselves all power and this I presume you will think I
ought not to give in to. Let them appropriate the money they give for the support of
government to that use only and the money they give for other services to those uses
only. This I never did oppose and it has been the constant practice of Assemblies and I
suppose is what you mean by appropriation. I do assure you that I will not fail to cultivate
a good understanding with the Assembly it being what I have much at heart. I will write
to the commissioners of the Indian affairs to inquire into the murders said to be
committed in Virginia by some of the Six Nations, to exhort them to stay at home, and to
dispose them to a solid peace wherein I will spare no pains; and by the first London ship I
will describe to you the situation of Crown Point and Tierondequat. I beg continuance of
your favour. Signed. 2 small pp. Endorsed, Reed. 20 June, Read 21 June 1739. [CO
5/1059, ff 95~96d]

148 Martin Bladen to Duke of Newcastle. I have perused the drafts of two
April 25 articles intended to be inserted in the ensuing treaty with Spain relative

Albrohatch tQ ^ boundaries of Carolina and to our right of cutting logwood at
Campeachy which you sent me in your letter of 2oth instant; and in obedience to your
commands shall offer you my humble opinion how far our pretensions upon those heads

84 STATE PAPERS COLONIAL [148

may be extended and supported, though I shall always distrust my own judgment
whenever I propose the least alteration in any paper that comes from your office. I beg
leave to begin with the boundaries of Carolina and shall observe that, if by the draft of
that article it be intended to include the whole 3 ist degree of northern latitude, I am afraid
the Spaniards will never agree to it because it is doubtful whether the town of St
Augustine may not lie some minutes to the northward of the 3oth degree; the river of St
Juan certainly does so according to the charts, and consequently may both of them be
included within the 3151 degree of northern latitude. By Popple's map, which is certified
by Dr Halley to be the most exact now extant, St Augustine is placed 10 minutes, and the
river of St Juan about 40, to the northward of the 3oth degree. I have read Mr Verelst's
observations upon the King's title to Georgia and his proposal for fixing the limits
between Carolina and Florida. His vouchers for the first of these papers agree perfectly
with the short observations I formerly sent you upon the same subject. But in his
proposal for fixing the limits I believe he is a little mistaken in his latitude, and though he
does not carry our frontiers further than they can be supported, yet he is too specific in
his detail which may give occasion to many disputes and delays.

Upon mature consideration, therefore, I can find no method so effectual or so well to
be supported, both at home and abroad, as to couch this article (as near as may possibly
be) in the terms of one of the charters to the Lords Proprietors of Carolina. Their first
charter (bearing date 24 March 15 Charles II), having recited that Edward, Earl of
Clarendon, with other lords and gentlemen had humbly besought the King's leave 'to
transport and make an ample colony of his subjects in the parts of America not yet
cultivated or planted and only inhabited by some barbarous people who have no
knowledge of Almighty God' ... 'does give, grant and confirm unto the said Earl of
Clarendon, etc, their heirs and assigns, all that territory or tract of ground situate, lying
and being within his dominions in America extending from the north end of the island
called Lucke Island which lieth in the southern Virginian seas and within 36 degrees of the
northern latitude, and to the west as far as the South Seas, and so southwardly as far as the
river of St Matthias which bordereth upon the coast of Florida and within 3 1 degrees of
northern latitude, and so west in a direct line as far as the South Seas aforesaid.' By the
second charter dated 30 June 17 Charles II the bounds of Carolina are extended 'south
and westward as far as the degree of twenty-nine inclusive, northern latitude'. But I
confess, whenever I have considered the limits fixed by the first charter ('as bordering
upon Florida') and connected with the words of its preamble, viz 'in the parts of America
not yet cultivated and planted and only inhabited by some barbarous people who have no
knowledge of Almighty God,' I could never conceive why the Lords Proprietors should
have so much weakened their own title as to take in the whole 29th degree of northern
latitude within their boundary. One cast of an eye upon the map might easily have
convinced them that such a boundary did not only include the town of St Augustine, then
inhabited by the Spaniards, but likewise the whole northern coast of the Bay of Mexico
where the Mississippi and many other great rivers discharge themselves into that bay and
where the Spaniards had at that time, and the French have since, made many settlements.

This second boundary then can never be maintained but the first may, and I think I
could undertake to defend it in case the Spaniards should dispute that point with us. It is
therefore from the first charter that I would draw the article. But considering the course
of rivers is uncertain and that there is almost always some variation in point of latitude
from first source to the place where they flow into the sea; considering also that some
geographers direct the course of the River Matthias from its mouth northwest and others
southwest, to avoid all ambiguity I would propose our boundaries might be fixed where
the river empties itself into the ocean. This I apprehend might be attained by the

148] AMERICA AND WEST INDIES 1/39 85

following sketch or some other to the like effect which would cause no great alteration in
the office draft, would be perfectly agreeable to the sense and almost to the very words of
the first charter to the Lords Proprietors of this province, viz 'That the limits of Carolina
wherein the colony of Georgia is comprehended do extend as far as the river of St
Matthias, which bordereth upon the coast of Florida, where the said river discharges itself
into the ocean and is within one and thirty degrees of northern latitude.' I am the rather
inclined to this boundary because the river of St Matthias, or St Mattheo which is the
same thing, is likewise the limit fixed by Charles Ps charter to Sir Robert Heath in his
Carolana Florida. But neither does this charter (nor that from which I form the article)
include the whole 3151 degree of northern latitude: they both use the words 'within
thirty-one degrees' which can be construed to take in such part only of that degree which
serves to carry them to the river of St Matthias. Here, therefore, I would stop, for how
desirous soever you or I may be to extend the British dominions in America, yet I
apprehend the best way of asserting our right is to carry it no farther than our vouchers
will support it. This, however, is entirely submitted to your better judgment and
particularly whether the words 'which bordereth upon the coast of Florida' should be
inserted or omitted; but I confess upon reading the charter they struck me as if they had
been prophetically inserted so many years ago to decide the present dispute at home
(though perhaps not abroad) and to let us know by authority of the Great Seal where the
frontiers of Florida begin.

I have dwelt a great while upon this article, the nature of the thing required that I
should, and therefore I shall hope for your pardon. To make some amends I will be
shorter upon the logwood: to speak truth there is but little to be said upon the subject.
The report of the Board of Trade of 2 5 September 1717 has carried this pretension as far as
our utmost inquiries could push it, and it includes the whole, as the draft of your article
has done, with the words of the Treaty of Utrecht. If our peacemakers at that time had
been more explicit they might have worded this matter so as to have left no room for
dispute but, unhappily for us, they have contented themselves with an ambiguous proviso
applicable to every case in general but to no one case in particular, for they have not even
named the right of cutting logwood in the whole article and posterity will be at a loss to
know what was intended by it. I am very sorry they have left us no better ground to fight
upon, for I freely confess that since the report of the Board of Trade, having considered
Sir William Godolphin's letter of which I sent you a copy some time the last year, and
likewise some other letters written by him that are printed with his negotiations in Spain,
I am far from being so clear in this pretension as I was formerly. However, I think the
draft of the article prepared in your office has stated this demand in as strong a light as can
possibly be done, and therefore I would only offer you a very small variation in the
diction, submitting whether it may not run in the following terms, viz 'It is agreed that
the subjects of Great Britain shall enjoy the same liberty of cutting logwood in the Bay of
Campeachy which they had or did enjoy during the reign of His Catholic Majesty King
Charles II either by right, sufferance or indulgence agreeably to the reservation or saving
clause inserted for that purpose in the first article of the treaty of commerce concluded
between the two crowns at Utrecht in 1713.' You may be pleased to observe that I have
made use of the word 'liberty' rather than 'right' or 'privilege' to render this article more
conformable to the Treaty of Utrecht. If any protocol of that treaty could be found,
perhaps something might be gathered from it to enforce this pretension but I presume the
Queen's ministers swept the offices pretty clean of papers for fear of leaving bad vouchers
of their conduct behind them. These, my lord, are my private thoughts upon the points
wherein you demanded my opinion. I have given them without reserve and heartily wish
they may be of any use to my country whose interest you have so constantly pursued

86 STATE PAPERS COLONIAL [149

with unalterable zeal. Signed. 9 pp. [CO 5/654, ff 2O5~2iod; signed duplicate, endorsed In
Mr Courand's letter to Mr Keene, Whitehall, 8 May 1739. Per Raddon, 30 May, in CO
5/384, ff 54-5 8d]

149 S[amuel] G[ellibrand] to Josiah Burchett acknowledging letter of 24th
April 27 i ns t and sending, in absence of Mr Hill, the heads of inquiry for Capt

Temple West. Entry. NB, Heads of inquiry were the same mutatis mutandis as those for
Capt Towry in 1736. i p. [CO 218/2, p 346]

150 Harman Verelst to James Oglethorpe. Herewith you receive a copy of
April 27 the Trustees' letter of 2 April signed by their secretary; and on the

Georgia Office Trustees' reconsidering of that part thereof wherein they desire you will
advance to the petitioners at Frederica in money the value of 2 Ibs of meat each head per
week till Michaelmas next, the Trustees now acquaint you that they will provide for their
sustenance in the estimate to commence from midsummer next which the Trustees are
now settling, only wait[ing] for their letters by Capt Thomson who is not yet arrived
(though hourly expected) before they can complete it; which estimate they will send with
their sola bills to defray it. As to the expense of the petitioners at Frederica and the other
necessary expenses of the whole colony to midsummer next, the Trustees have computed
on your calculation of 25oo/ per six months which you have been so kind to defray out of
your own pocket without drawing on the Trustees or charging them with any new debt,
except to yourself in advance for them, not exceeding the rate of the said 25OO/ per six
months including the 5OO/ in their sola bills you carried over, the 6oo/ in their sola bills
and 15 tons of beer value i6o/ IDS 6d sent by the Mary Ann, Capt Shubrick, and the 80
barrels of flour, 30 firkins of butter and 14 casks of cheese value i83/ os lod sent by the
Charles, Capt Hammond.

The Trustees on this occasion desire you would let them have your account of the
necessary expenses of the colony you have defrayed or shall defray to midsummer next
(over and above the said i roo/ in sola bills and the said beer, flour, butter and cheese)
giving them credit for the balance of your last account; and that such your account may
be particular and fully explained in what service each expense has been defrayed with
copies of the vouchers you have to support the same for the Trustees' satisfaction. And
they will pay with many thanks here what shall appear to be due thereon to such person
as you shall appoint to receive the same which they believe will be equally satisfactory to
you as the sending their sola bills for that purpose. As to the defraying the expenses from
midsummer next agreeable to the Trustees' estimate, their sola bills with the estimate for
each quarter will arrive as near as may be at the beginning of each quarter to be issued by
two out of three persons to be appointed for that purpose who are to return their
accounts on every issue they make to prevent any large sums hereafter being depending to
be accounted for and to enable the Trustees to keep their accounts clear and perfect and
ready for any Parliamentary inquiry which the Trustees desire always to be prepared for;
and the first quarterly estimate from midsummer to Michaelmas next will provide for the
sustenance of the petitioners at Frederica for those three months, after which the Trustees
will not any further provide for them, nor had not till then but for the general calamity
you represented. Entry. i% pp. [CO 5/667, pp 233-234]

151 Same to William Stephens. The Trustees having received an account
April 27 signed by Mr Thomas Causton 26 January last amounting to 4697 45 as

Georgia Office j ue tQ Messrs Montaigut & Purry from midsummer 1738 to n
September following, they have sent you a copy thereof to examine the several items

153] AMERICA AND WEST INDIES 1/39 87

therein contained with the items which make up the sum of 868/ 105 lod mentioned in the
lists of debts said to be owing by the store 10 October following as then due to Samuel
Montaigut & Co, which the Trustees assure themselves must be included therein; and
further observe that this debt of 4691 45 is signed by Mr Causton 26 January 1738/9,
which being above three months after the list of debts said to be owing by the store 10
October preceding, it is reasonable to conclude therefrom that the said 4697 45 was the
sum owing by the store 10 October 1738 rather than the 868/ los lod in the said list
mentioned. And it will appear from the following observation: that sum including an
account certified by Mr Causton 5 August 1738 for 4i6/ 05 zd to Samuel Montaigut & Co
as due to them to midsummer 1738, to which add their said account signed by Mr
Causton 26 January last amounting to 4697 45 they make together 8957 45 zd which is z6l
135 4*/ exceeding the 868/ IQS lod said to be owing by the store to them 10 October last;
which z6l 135 4^ is an order from Mr Causton dated 12 May 1738 on Mr Jenys for 2OO/
currency at 7507 per cent paid to the said Samuel Montaigut & Co and returned to Mr
Causton unpaid, which he in his last account, signed by him the said 26 January, makes
the Trustees debtors for, which sum the said list of debts owing by the store 10 October
last does not include nor make any mention thereof. This z6l 1 35 4 d, therefore, must be
particularly examined into and fully stated to the Trustees that they may consider thereof
and the reasons why they are by Mr Causton charged therewith. Entry, i p. [CO 5/667,
PP 2 3

152 Same to Thomas Jones to like effect. Entry, i p. [CO 5/667, pp
April 27 235-236]

Georgia Office

153 Governor Jonathan Belcher to Duke of Newcastle. Although I addres-
Apnl 30 se d y OU b m l ast month on my own affairs, yet I am humbly to ask your

pardon while I again beg leave to introduce myself to you and say that
by the last ships from England my agents write me that Mr Thomlinson has exhibited a
new complaint against me or rather repeated the former with an addition of false and
scurrilous invectives. Mr Partridge and Mr Belcher have given me constant accounts of
your goodness and readiness that I should have justice done me by being always served
with copy of any complaint [that] might be laid against me and time given to answer and
for this I offer you my most humble and hearty thanks and beg the continuance of your
favour and protection. You, who stand in such an exalted station in all HM's councils and
affairs, know very well that it is almost impossible for a gentleman to be in a public post
without enemies, for malice and envy will be naturally rising in such as imagine
themselves neglected. A governor in the plantations shares the fate of many of the King's
good servants at home of being sure of enemies while such as make applications to him of
one sort and another cannot all be gratified consistent with HM's honour and with reason
and justice. And although such discontented persons are now making complaints against
me which I am confident they will never be able to prove, let me humbly hope they may
not make impressions on you to my prejudice. Nay, I will presume to say they cannot
finally hurt me with the noble personage I am now addressing whose ears are always open
to receive with the utmost impartiality what is supported with truth, justice and reason,
and so I doubt not my administration in both provinces will be found to be upon the most
just and strict scrutiny. I can cheerfully appeal to Almighty God as to my cautiousness,
impartiality and integrity in my whole conduct in both governments nor do complaints
give me much pain when I have time given to vindicate myself. Yet the perpetual
bickerings of unreasonable men (if they may be indulged) must give you and the rest of

88 STATE PAPERS COLONIAL [154

the King's ministers too much uneasiness and fatigue, and at the same time creates me a
great deal of trouble and charge. I should take it as a singular favour from you to be at the
hearing of my answer to the complaints now lying before the Lords of the Privy Council,
when upon a deliberate consideration I have no doubt but it will plainly appear that these
complaints are nothing more than the fruit of malice and envy and that the authors have
endeavoured to support them with falsehood, and in the end I hope they will be dismissed
with marks of ignominy and displeasure to discourage others for the future from such vile
and unreasonable proceedings. Signed. 52 small pp. Endorsed, R, 20 June. [CO 5/899, ff

154 Thomas Jones to Trustees for Georgia. I have, ever since I arrived in

[April this colony, endeavoured to the utmost of my power and capacity to

Savannah] discharge my duty pursuant to my engagements to you but have met
with those difficulties therein that cannot be surmounted by any endeavours or
application of mine. I cannot act contrary to my obligations to you in the trust reposed in
me nor offer violence to my own judgment and conscience (though perhaps misguided) in
order to gain the esteem or good opinion of any; therefore hope you will bear with me in
declaring my sentiments of the situation of your affairs in this part of the colony. I could
even wish that I was mistaken therein and would contentedly bear the reproach and blame
if otherwise than I apprehend. By mine of 8, 17 and 23 February directed to Mr Verelst
and sent by the Three Brothers, Capt Yeoman, (which hope carried safe) I mentioned
some of the discouraging circumstances we are under, having nothing certain then to
write to you, expecting daily Gen Oglethorpe's arrival at Savannah when I hoped his
presence would have deterred those who seem to have confederated to ruin this colony
and injure the Trustees in their property from any further attempts of that nature. If on
his excellency's return hither from Charleston he can have leisure to examine into those
matters which I have and intend more fully to lay before him and will give such orders
thereupon as may bring them to a certain issue, I shall not fail by the first opportunity
that offers to acquaint you with what is done therein.

Upon his excellency's arrival at Savannah the 6th of last month I renewed my request
to him that the books of accounts and vouchers might be secured and sent to England as
the only expedient towards coming at any certain knowledge of the state of your affairs,
for that Mr Causton made daily alterations in the accounts and that what James Houstoun
declared (that they, the clerks, were employed by Mr Causton in perplexing the accounts,
that he defied me or even Mr Verelst to unravel them) seemed to be his only design by the
whole of his conduct. His excellency told me that he could not send Mr Causton to
England unless he consented thereto; however, he sent for him. When he came he said
that he received a letter from his excellency which informed him that I had reported he
designed to depart out of the colony with Capt Stuart, which he said was very injurious to
him and was false. I then declared the reasons I had for my suspicion of such his design
(which I had acquainted the general with and had mentioned in my letter to Mr Verelst of
February 8) and added that it was evident he (Causton) never intended to render any
account to the Trustees and that some of the accounts he had sent to [them] already were
not to be found in the books but were feigned accounts. Mr Causton said that he had
given me a copy of his cash account and designed to finish his other accounts but wanted
clerks to assist him, that I employed William Russell, that he had but two left with him. I
replied that I acknowledged to have received a copy of what he called a cash account
which might justly be called an original but desired to know from whence he had formed
that account, if from anything extant in writing or from his own memory or invention;
that there appeared such manifest frauds and forgeries in that account (several of which I

154] AMERICA AND WEST INDIES 1/39 89

instanced to him) that I wondered how any person could attempt to publish such without
blushing unless he designed thereby to bid defiance to the common understanding of
mankind. Mr Causton said that when he delivered that copy to me he had told me that
there might be some mistakes in it and that he had since recollected the receipt of several
sums of money to the amount of jool which he had placed to the account which was now
ready to be sent to the Trustees. I desired that he would give me a copy of that account so
amended (which cannot obtain) but am told it is sent to England for your perusal.

In September last (when I came to Savannah) I found five writers (besides William
Ewen who had also the care of the store) employed in the accounts, viz Samuel Hurst,
John Pye and William Russell, covenanted servants, Adrian Loyer and James Houstoun
on a salary of 4O/ per annum each. William Ewen (Mr Causton's servant) has credit in the
books for }O/ per annum and provisions and Mr Causton has also credit 4O/ for two years
service of said Ewen in the store to 29 September. Samuel Hurst (who lived with Mr
Causton and said to keep his private accounts) withdrew from the colony soon after I
came to Savannah: Mr Causton assured me that he went away without his consent or
privity and gave me a letter which he had received from Hurst and which I send herewith.
William Ewen and James Houstoun absconded privately in the nighttime of 28 October.
The general (upon my advising him with what had happened) soon after came to
Savannah and dispatched two officers, Lieuts Horton and Dunbar, the one for Port Royal
to reclaim and bring back Ewen and Houstoun, the other to Charleston for Samuel
Hurst. The recorder granted his warrant for apprehending them if found within this
colony upon my information before him on oath, a copy of which and also that relating to
Mr Causton I send herewith (having been threatened with lawsuits to be commenced
against me on account of both). Mr Dunbar, when he returned from Charleston,
informed me that having had Mr Christie's warrant backed by a magistrate of that
province he apprehended Samuel Hurst and had him before Mr Abercromby (the
attorney-general) who discharged him upon Hurst's alleging that he never was a servant
to or under any contract with the Trustees notwithstanding what I had declared on oath
to the contrary. William Ewen returned to Savannah soon after Mr Horton went for Port
Royal and a few days after James Houstoun brought me a letter from Mr Horton which I
sent enclosed to the general, whereby I incurred Mr Horton's displeasure. I insisted
(before Mr Christie) on Ewen and Houstoun's giving security that they should not depart
out of the colony without leave obtained until the Trustees their effects, which they had
been entrusted with by Mr Causton, were delivered to me and that the accounts were
finished. Mr Henry Parker (who was sent for by them) asked me how I could swear that
the Trustees were like to receive damage by their going out of the colony? and if any, he
desired me to declare to what value. He complained of the hardships the young men were
put to and used several reflecting speeches towards me, saying he did not think it
convenient to put me to my oath. They entered into recognizances with sureties but
Houstoun's recognizance was soon after vacated (I was told) upon Mr Causton's
declaring that Houstoun was his servant, that he had discharged him having no occasion
for his service any longer.

I should not have troubled you with so tedious a relation of these trivial occurrences
but that Mr Causton has of late employed one Searles, a pettiager-man, to assist him in the
accounts and requires credit for him in the store at the rate of 4O/ per annum for such his
service; and I have employed a person (with the general's approbation) at 95 per week
who constantly attends in the counting-house in order to prevent the books of accounts
from being destroyed or carried away (which has been attempted) though sometimes
neither Mr Causton nor any of his clerks are there for several days together. This
lastmentioned expense is occasioned by Mr Causton's removing the books of accounts

90 STATE PAPERS COLONIAL [155

from the counting-house in the store (since Michaelmas last) into a room hired by himself
at 1 2/ per annum rent. The excessive prices given for house-rent and labour for the service
of the Trustees have been very expensive and no real advantage to the people. The
demands that several have for houses hired this last year (an account of which I could not
obtain from Mr Causton but have got by inquiry and which Mr Causton does not
contradict) amount to a considerable sum. How long these houses have been occupied I
cannot arrive at any certainty but have herewith sent the account of the rents and how
occupied. Some of the houses were hired for the service of Lieut-Col Cochran and others
for that part of the regiment which arrived here with him, which last charge I find (by
instructions sent Mr Causton by the general) is to be defrayed by your store. Col
Cochran's account, and that which is called the regiment's account, with the Trustees
were delivered to the general in order to their being transmitted to you but are imperfect
and not agreeing with the accounts entered in the books. When the clerks were employed
in forming those accounts in March last I had a transient view of some part of them and
have reason to believe that the account was modelled from directions received from the
lieut-colonel (who was then at Savannah) by the many alterations and erasements then
made therein (which will appear by the books). His account (as stated in the ledger) has
credit for sundries (not inserted in the account sent over) which I objected to, such as for
wines sold by him to Jos Fitzwater about 40/5 for one pipe of wine sold Widow Bennet
and delivered her by the colonel's order (7 August last) i6/, with many others. I beg leave
to mention this circumstance: that eleven pipes of wine bought of him by Mr Causton for
account of the Trustees (29 July) are charged at 1 8/ per pipe, being the same wines as what
were sold Bennet, and that Fitzwater, Bennet and others whose debts to Col Cochran are
placed to account of the Trustees were then indebted to the Trustees (as appear by their
accounts). I went with Mr Causton to attend Col Cochran where I found Mr Graham
(the apothecary) earnestly soliciting for the payment of his bill (about 4O/) being for
medicines, etc administered to soldiers by his (the colonel's) appointment. The colonel
said that the Trustees must pay him; Mr Graham informed him that I had refused him
credit in the store notwithstanding Mr Causton had placed his bill to the Trustees'
account, at which the colonel was very angry and said he would let the Trustees know
what a fellow I was and would justify Mr Causton's conduct, that I was very impudent to
appear before him in that dress (I had a velvet cap on without a wig, being warm weather).
I know that complaints of this nature cannot be pleasing to you when affairs of much
greater importance are neglected such as the state of your accounts which I cannot obtain
neither have I the books with those accounts under my direction. I cannot finish an
inventory of your effects which were to be delivered into my care. Those in the store I
received at sundry times by i December last, but have not received neither can I obtain
any account of several effects belonging to you which remain yet in the custody of others.
I received (last week) 416 bushels salt which Mr Causton saith he bought of Mr Robert
Williams in August last but remained ever since in Mr Williams's custody. I intend soon
to send the inventory of what I have received with an account of the issues to 25 March.
Signed. 4 pp. Endorsed, April 1739. [CO 5/640, ff 308-308 A dorse]

155 Martin Bladen to John Courand. I had the honour the other day to see

Ma 7 2 the Duke of Newcastle at the House of Commons and promised him

Hanover Square ^^ j wou jd i oo k O ver my notes in order to make the observations I

sent him on HM's title to Carolina more perfect; but as the courier is

to set out for Madrid tomorrow I find it will be impossible for me to do anything material

upon that subject before his departure. I presume, however, the King's plenipotentiaries

will insist that the Spaniards do produce their title before we show them ours and that

159] AMERICA AND WEST INDIES 1739 91

they will also transmit the Spanish pretensions hither for observation; and I apprehend it
may be time enough then to add what we have further to offer and to apply our proofs as
the nature of their case shall require. In the meantime give my duty to his grace and let
him know that I will collect what further information I can get on this head and hope I
shall be able to make out a very clear title to the boundary stated in our article. Signed.
i% small pp. [CO 5/306, ff I3

156 Thomas Hill to Francis Fane sending Act passed in Virginia in
May 2 December 1738 to enable Ralph Wormley to sell entailed lands, for his

opinion in point of law. Entry. % p. [CO 5/1366, p 297; draft in CO
5/1335, ff 163, i63d]

157 Minutes of Common Council of Georgia. Resolved that it be an
May 2 instruction to the committee appointed to prepare law relating to tenure

a ace Court Q } anc j s m Georgia that in case of no issue male or female the proprietor
of any lot may be empowered to appoint any other person (not professing the errors of
the Church of Rome) as his successor. Resolved that presents for Indians be bought in
England. Committee of correspondence to consider what shoes and working tools will be
necessary to be sent over. Resolved that 40 sacks of flour be purchased for southern pan
of the province. Resolved that the accountant report what sola bills Col Oglethorpe had
spoiled by endorsing them in the wrong place. Read account from Col Oglethorpe of
presents delivered to the Indians. Ordered that 1 5 tons of strong beer be sent by Two
Brothers to be charged to Col Oglethorpe as payment to him. Read letter from Rev
George Whitefield acquainting the board that he had collected upwards of 5OO/ for the
orphan-house in Georgia. Resolved that a grant of 500 acres be made to him in trust for
the orphan-house free of quitrents for ten years. Entry. 2\ pp. [CO 5/690, pp 208-210]

158 Governor Edward Trelawny to Commissioners for Trade and Planta-
Ma X 7 tions enclosing the following. Signed, i p. Endorsed, Reed. 16 July,

Read 1 8 July. Enclosed:

158 i Account of receipts and payments of public money in Jamaica, 29 Septem-
ber 1735 to 29 September 1738. Copy. Signatory, James Barclay, deputy receiver-
general. Signed, William Perrin, deputy auditor, Edward Trelawny. 26 large pp. [CO
137/23, ff i9-47d]

159 Capt John Gerald to Harman Verelst acknowledging favour of 9
Ma 7 7 January: the enclosed were delivered to Mr Abercromby who sent the

things for the general to Savannah. I shall be in London in June or July
and shall much esteem favour of any commands this way. We are alarmed here at what
Shubrick says of the situation at home; imagine that a war may happen. If peace should
continue there is one thing that seems to threaten this province with utter ruin, that is, a
late proclamation made by the governor of St Augustine promising freedom to all slaves
that repair to that garrison. And when our government insisted upon it as an infraction of
the good understanding subsisting between the two nations, the governor affirmed that he
had the King of Spain's order for so doing. Beg the favour that in any conversation you
may have with Mr Glen you will mention this as a thing of very great consequence and
make no doubt but he will take care to prevent so great an evil. Signed. 2 small pp.
Addressed. [CO 5/640, ff 3ii-3i2d]

92 STATE PAPERS COLONIAL [l6o

160 Commissioners for Trade and Plantations to the King recommending
May 8 John Mills to be of the Council in St Christopher's in the room of John

Williams, deceased. Entry. Signatories, Monson, M Bladen, James
Brudenell, R Herbert, Arthur Croft, R Plumer. i p. [CO 153/16, p 160; entry of warrant,
dated 15 June 1739, in CO 324/37, p 130]

161 Thomas Hill to Francis Fane sending twenty-three Acts passed in
May 8 Virginia in 1738 for opinion in point of law. Titles stated. Entry. 3! pp.

[CO 5/1366, pp 297-301; draft in CO 5/1335, ff 164, i6 4 d]

162 Lieut-Governor William Bull to Duke of Newcastle. I beg leave to lay
May 9 before you an affair which may greatly distress if not entirely ruin

South Carolina s outn Carolina. His Catholic Majesty's edict having been published at
St Augustine declaring freedom to all Negroes and other slaves that shall desert from the
English colonies, this occasioned several parties to desert from this province both by land
and water, which notwithstanding they were pursued by the people of Carolina as well as
the Indians and people of Georgia, by Gen Oglethorpe's directions, have been able to
make their escape. To prevent the like attempt as far as was in the power of this
government, deputies have been sent to St Augustine to demand the restitution of these
deserters pursuant to an agreement formerly entered into by this government and that of
St Augustine to return mutually all slaves which should desert from either province; but
on this occasion it was refused, the present governor of St Augustine acquainting the
deputies that he could not comply with that demand until His Catholic Majesty should
think fit to revoke that edict. This answer has occasioned great dissatisfaction and concern
to the inhabitants of this province, to find their property now become so very precarious
and uncertain, and that their Negroes which were their chief support may in little time
become their enemies, if not their masters, and that this government is unable to
withstand or prevent it. Therefore I have presumed to acquaint you with this affair which
will soon be represented and laid before HM and hope that this province on this occasion
may have the continuance of your powerful assistance. Signed. 2 small pp. Endorsed,
Reed. 2 July. [CO 5/388, ff 1596, 1596 dorse]

163 Minutes of Common Council of Georgia. Rev George Whitefield
May 9 acquainted the board that he declined salary as minister of Savannah

alace Court an( j Qr management; o f the orphan-house. He returned the Trustees'
commission to him as not answering the purposes for which he had applied. Entry, f p.
[CO 5/690, p 211]

164 Hugh Mackay to Harman Verelst reporting arrival late last night and
May 9 enclosing papers received from the general. Signed, i small p. [CO

5/640, ff 3 1 3-3 1 4d]

165 Governor Edward Trelawny to Commissioners for Trade and Planta-
May 10 tions. In substance same as no 141. Signed, z pp. Endorsed, Reed. 16
Jamaica j u j y> Read jg j u j y ^ Enclosed:

165 i Reasons of Council of Jamaica for passing the bill relating to the Jews. Copy
of no i4iii. 2 pp. [CO 137/23, ff 48-5 id]

166 Governor Alured Popple to Commissioners for Trade and Plantations
May 10 acknowledging letter of i November and expressing thanks. You shall

Bermuda never have any reason to censure me for wilful neglects or acts of

166] AMERICA AND WEST INDIES 1739 93

oppression. If I should be guilty of error I shall hope for the same indulgence I have
always found from you. According to your directions I now send you a list of such
persons as I conceive the best qualified to serve HM as Councillors in Bermuda. I wish I
could at present transmit a list of twelve persons qualified for this station according to my
instructions but as I shall always be very cautious whom I recommend to you I beg leave
to know the people here a little better and their several alliances before I complete this list.
The Councillors appointed before my arrival are so nearly related that I am certain you
would not have agreed to their appointment. The three I recommend to you are not that I
have heard either related to themselves or to the other Councillors. I do not mention the
near alliance of those Councillors who were appointed before my arrival as an objection
to them but as a reason why I cannot at present complete the list of persons recommended
without their being liable to such objections as I remember you have formerly made. I
shall be very careful by every opportunity of writing to give you constant accounts of the
death or absence of any Councillor and in the last case to specify from whom and for how
long they have their licence. Having with me a copy of such queries as you usually sent to
all governors for their answers I am preparing answers thereto, and as any alteration
happens I will constantly send you an account thereof. By the next opportunity I am in
hopes I shall be able to send you the answers I propose.

I now transmit to you four Acts passed here in March last. The first is entitled an Act
for the better regulating jurors to serve in the several courts to be held for these islands.
According to my instructions I am to give you my reasons for having assented to this Act.
By an Act passed here in 1690 and 1691 and confirmed 20 February 1708 entitled an Act
for establishing and regulating the courts of judicature, it is enacted that jurors shall be
chosen by plurality of voices or votes by the inhabitants of each respective tribe called
together for that purpose by the several justices by virtue of a warrant or precept from the
governor or the warrant or precept of such person or persons as he shall commissionate
and empower. And by another Act passed here in 1694 and confirmed 20 February 1708,
entitled an additional clause to the Act entitled an Act for establishing and regulating the
courts of judicature, relating to the summoning of jurors to serve at an exchequer or
special court the sheriff or provost-marshal is empowered to summon and impanel all and
every the jurors to serve at any court of exchequer or special court hereafter to be called,
out of the general panel of jurors elected to serve at the general assizes. And as by ancient
custom the sheriff here empanelled every petty jury out of the jurors elected to serve in
any other court of King's Bench, Common Pleas and Oyer and Terminer, it was here
thought too great a power to be vested in any sheriff or provost-marshal for the future
because although Mr Tucker's (the present sheriff) character might give the people no
cause to fear, yet another might succeed him not so well known. Upon this difficulty and
the general desire of making some alteration I recommended the method of balloting for
juries according to the Act of Parliament passed in the third year of his present Majesty's
reign entitled an Act for the better regulation of juries. This is the purport of the Bermuda
Act I now lay before you, which passed both Houses here with a general approbation.
They have indeed added a proviso: 'That if the plaintiff and defendant or in their absence
their agents or attorneys shall move the court that one or more of the persons returned to
serve as jurors may be of and upon the jury to try such cause without being drawn, that
then it shall and may be in the power of the court to allow and grant the same if they shall
think fit.' I could foresee no objection to this liberty as it must be agreed to both by
plaintiff and defendant and as it cannot take place without the approbation of the court.
As I have taken care to add a clause in this Act to suspend its taking effect until HM's
pleasure can be known upon it I hope you will not disapprove my having passed an Act so
generally desired as this is by the inhabitants of these islands who think their liberty and

94 STATE PAPERS COLONIAL [l66

property greatly protected by it.

The next Act is to prevent the destroying and murdering bastard children in these
islands. The occasion of the passing this Act was a supposed murder of a bastard child the
latter end of last year for which two women (mother and daughter) were tried and
acquitted the last December assize. The daughter was delivered with the assistance of the
mother of a male bastard after many attempts to destroy the child before it was born.
Many days passed before it was known. At last some suspicious circumstances induced
our magistrates to make inquiry into the affair. It was at first denied both by mother and
daughter that any child was born but upon search it was found dead in a box under lock
and key. Upon this the women were carried to a magistrate and upon examination the
daughter owned her being delivered of a male bastard child. The mother said it was
stillborn and that to prevent her daughter's shame she had concealed it. So many
suspicious circumstances appeared that it was not doubted but that the child was born
alive and afterwards destroyed. The surgeons upon examination of the mother and child
declared their opinions upon the trial that the child was born alive but the child had been
too long dead for them to find out any marks of violence upon it. After a long trial and the
jury locked up for several hours the women were found guilty. An attorney on behalf of
the women pleaded in arrest of judgment, and upon arguing on both sides what he had to
offer the judges thought proper to order a new trial and the women were acquitted for
want of proof that the child was born alive. In order therefore to prevent the destruction
of bastard children the present Act does declare the Act of Parliament made in 2 1 James I
cap. 27, entitled an Act to prevent the destroying and murdering of bastard children, to be
in force here, by which law the concealing the death of any bastard child shall be deemed
murder in the mother unless she can prove it was stillborn.

The two following Acts relate only to amending the highways and removing certain
nuisances of too small consequence to trouble you with. They are entitled as follows: an
Act for renewing and making some alterations to Act for regulating and repairing
highways; an Act to prevent nuisances and regulate several disorders.

Daily experience convinces me of what fatal consequence it would be to the trade
between Great Britain and the plantations should these islands ever fall into other hands.
Ships bound for Europe pass continually within sight of Bermuda and are sometimes
drove upon our rocks by the currents (which are very strong here) in a night's time when
the day before they thought themselves in no danger. This has been the case of some this
winter who have luckily with assistance from hence got off again. The 24th of last month
a large French ship of about 300 tons and laden with sugar, indigo and cotton, bound to
Nantes in France from Leogane in Hispaniola, struck upon the rocks off the northwest
part of Bermuda about twelve at night. As soon as I heard of their misfortune by the firing
their guns I sent off the pilot with proper assistance. They got her off again the same day
and she is come into the harbour, having beat off her rudder and received such damage in
her bottom as to disable her from proceeding on her voyage without refitting. I have
allotted warehouses for her cargo under two keys, one in the possession of the Collector
of the Customs and the other the French captain has, and I will take the utmost care that
no illegal trade be carried on. There is a gentleman and three ladies on board passengers to
Nantes. The ship's name is I'Amazone and the captain Faugas. She has 35 men on board
and mounts 12 guns. My 86th instruction enforcing the treaty of neutrality directs me in
cases of this nature to treat these Frenchmen with humanity and kindness, to allow them
to provide themselves with victuals and other things necessary for their sustenance and
reparation of their ship at reasonable rates provided they do not break bulk nor carry
goods out of their ship exposing them to sale nor receive any merchandise on board under
penalty of confiscation of ship and goods. The former part of this instruction I will

l66] AMERICA AND WEST INDIES 1739 95

punctually comply with but I cannot see how it is possible that they should pay the
charges of repairing their vessel and supporting themselves while they stay here without
selling some part of their cargo. By what I can yet learn the charge of repairing their ship,
with such expenses as they must necessarily be at during their stay here, will amount to
about 5oo/ and they have not zoo/ on board. As my instruction directs me to allow them
to provide themselves with what is necessary I hope you will not judge me guilty of any
breach of my duty if to discharge their expenses here I allow them to dispose of part of
their cargo, and I assure you I will not permit the sale of anything more than is just
sufficient for that purpose. The captain of this French ship has applied to me for leave to
hire one of our sloops to carry an account to Nantes in France of his having had the
misfortune to strike upon our rocks and of his being now refitting in this harbour. The
reason he assigns for this large expense, 140 pistoles, is to prevent a much larger, for as he
sent an account to Nantes by a French ship which sailed from Leogane eight days before
him of his intention to sail the very day he set out, and as he believes his misfortune will
detain him about two months longer from Nantes than his expectation when he wrote as
aforesaid, he imagines the insurances that will be made upon his ship, being very rich, will
amount to very large sums; in order to prevent which he applied for a sloop to carry news
from him. As this sloop is entirely owned and manned by British subjects and has nothing
on board but some of our whaleoil and corn for the Madeiras where she is bound I know
of no law nor instruction to prevent my granting the French captain the favour he asked.
He was at first very desirous of purchasing a sloop but this I absolutely refused as
inconsistent with the laws of trade and navigation and my instructions because in this case
the sloop must have sailed from hence with a French captain and French sailors. I shall
think myself very happy if I meet your approbation in what I have done; if otherways I
hope my error in judgment may be excused when I assure you one great motive with me
was to give no occasion of complaints from the Court of France of our want of humanity
for Frenchmen in their unhappy circumstance.

I cannot avoid mentioning to you the open trade carried on between Rhode Island and
Martinique without breach of my duty. By the informations I have received the officers of
the Customs at Rhode Island do not interfere when any ship from Martinique comes into
their ports to carry on a commerce with them, and by the paper I now enclose to you this
trade will plainly appear to be carried on. The paper I received from our pilot whom I sent
out on 8 April to a brigantine thought to be standing for this harbour. The captain of the
brigantine was very thankful that the pilot came off, being then got within danger, and
wrote the letter to me which I now enclose to you.

I enclose the extract of an Act of Assembly of the Bahama Islands for levying divers
sums of money for the payment of the officers' salaries, defraying the expense of holding
Assemblies and other contingent charges of the government. Could I have obtained a
copy of it, it should have been sent by this conveyance. In behalf of the Bermuda Islands I
must beg you to take this Act into consideration. I suppose it may be in your office
transmitted by Mr Fitzwilliam but lest it should not I will endeavour to send an attested
copy by the first conveyance. I believe you will find this Act not only highly
unreasonable of itself but of a nature to be enacted by the legislature of Great Britain
alone. Confiscation of ship and goods besides ioo/ penalty from the master for only
taking up wrecked goods (which are free to all HM's subjects paying the Admiralty
rights), cutting plank, raking of salt, or even fishing for tortoise, etc, are penalties of a very
high nature. Not long before I came here one Steed of this place went to the Bahamas for
plank but failing in some little formality, notwithstanding he made bargain with one of
the inhabitants there for the plank he had on board his sloop, lost sloop and cargo under
pretence of this Act and the poor man is now ruined and obliged to go to sea a common

96 STATE PAPERS COLONIAL [166

sailor to support himself and his family. Ever since the cedars here have grown more
scarce from the quantities used for many years past in building of sloops, the Bermudians
have built their frames with cedar and bought their plank at the Bahamas. You will know
that none of them are thoroughly inhabited but Providence, and when the Bermudians
went for plank to any other of those islands they were obliged to no particular form, they
being uninhabited. When this Act passed they were obliged to get a licence from the
governor, and would not complain of it was such licence to be obtained at a reasonable
rate or even at a rate certain. But if the rate is more or less, and dependent upon a
governor's pleasure, it renders the intercourse between us and them entirely precarious.
Besides this I must further observe to you that the groundwork of our trade to America is
almost entirely dependent upon our raking salt at the Turks Islands. These are not
mentioned in the governor of Bahamas' commission although I am very certain you
always deemed them part of the Bahama Islands which comprehend all that range of
islands which lie north of Cuba and Hispaniola. I very well remember that Mr
Fitzwilliam during the time his commission and instructions were under consideration at
your board did propose that the Turks Islands should be particularly named in his
commission, but at that time I knew no reason for his request nor do I remember why
you did not grant it. The Bermudians constantly go to the Turks Islands and there rake a
load of salt; with this salt they purchase a cargo of provisions from some of the northern
colonies, and these provisions they exchange at some of the sugar colonies for European
commodities, rum, sugar or what they want, and very frequently sell their sloops also and
return home to build another for the same circle of trade. By the Bahamas Act in question
you see that any vessel having salt on board to the value of j/, being found within the
limits of the Bahamas, whereof the duty has not been paid (I know of none payable) or
the master and vessel licenced by the governor, is liable to confiscation with her cargo, the
master to a penalty of ioo/. And by the subsequent clause empowering any person
authorized by the governor, or even such as have obtained the usual licence from him to
take salt, etc as mentioned in the Act, to seize and bring into the harbour of Providence
any ship or vessel having such salt, plank, timber, wood, etc, war is declared between the
Bahama Islands and Bermuda. For as the Bermudians are a good deal exposed to the
Spaniards when they are raking salt at the Turks Islands they go very well manned and
armed and often are at the charge, when several go in company, to equip, arm and man
one of their sloops of about ioo tons for the protection of the others. Should therefore
any Bahama sloop under pretence of the aforementioned licence from the governor
pretend to search and seize any Bermudian he would meet with a warm reception. As this
would occasion matter of complaint at home should it ever happen, and as I do not know
any power I have to prevent the Bermudians from putting their sloops in proper
condition to defend themselves against Spanish guardacostas (the constant dread of every
trading sloop in these parts) I beg you will consider the Bahama Act and what I have
written to you upon the subject thereof and favour me with your directions upon this
subject. The extract I now send to you was taken out of the Secretary's office at
Providence by Mr Higgs, master of one of our sloops, and is attested by him to be a true
one. Signed.

PS. 23 May 1739. 1 am just now informed by a sloop, Capt Morgan, from New York
that two of our sloops were last month taken by the Spaniards, one of them, George
Burch, coming out of the Bay, and the other (Daniel Durham) was taken as he was
turtling off of Puerto Rico. I thought it my duty to give you this information, as likewise
that Capt Tutney who arrived at New York a few days before Capt Morgan sailed
informed him that he was likewise attacked by a Spanish vessel coming out of the Bay and
one of his men was killed but the Spaniard's boom breaking gave him an opportunity to

l68] AMERICA AND WEST INDIES 1/39 97

escape. The zoth inst the French ship mentioned in the above letter sailed from hence to
Nantes, having repaired in this harbour the damage she received upon our rocks. These
reparations, the hire of the sloop sent with letters to Nantes, and the expenses of
revictualling the ship amounted to above 5OO/ this currency, to repay which they had but
100 pistoles. I therefore allowed him to sell about 4oo/ worth of sugar and they have sold
no more. The captain was very uneasy at being obliged to sell because his necessity
obliged him to take a lower price than his sugars were worth and he could not get money
for his drafts upon Nantes, the merchants here being fearful of trusting a stranger. I
would have sent to you the minutes of Council and Assembly since those last transmitted
but the little time Capt Dickinson stays here will not allow sufficient time to transcribe
them. I will send them by the very first opportunity. Signed. 1 1 pp. Endorsed, Reed. 28
June, Read 4 July 1739. Enclosed:

1 66 i At sea in lat. 32 20' N, 8 April 1739. Capt Benjamin Wanton to Governor

Popple. The brig Little George, Benjamin Wanton, for Martinique, left Rhode Island

3(?) April 1739. Signed. 5 small p. Addressed (part missing).

1 66 ii Extract of Act of Bahama Islands for levying money for payment of

officers, etc, imposing penalties on persons raking salt, sawing plank, cutting wood

and catching tortoises without licence. Copy, sworn to on 22 May 1739 by William

Higgs of St George's. Certified by Governor Popple, i large p.
1 66 iii List of present Councillors of Bermuda, i small p.
1 66 iv List of persons recommended to supply vacancies in Council of Bermuda:

Henry Corbusier, Thomas Gilbert, George Forbes, Paul Trimmingham, Cornelius

Hinson jnr, Henry Tucker, i small p.

1 66 v Proceedings in trial of Mary Pitcher and Flora Smith at St George's in
December 1738 and February 1739 for murder of newly-born child. Copy, certified
by John Eston, Clerk of Assize. 28 pp. [CO 37/13, ff 83~io8d]

167 Governor Alured Popple to Duke of Newcastle enclosing four Acts
May 10 passed in March last. I likewise transmit copies of minutes of Council

from 3 October last to i May following and of minutes of Assembly
from 6 September last to 8 March following, and a list of six persons qualified to supply
vacancies in the Council here as occasions may offer. I have transmitted this list, in
obedience to my instructions, to you and the Lords of Trade; otherwise I would have
chosen to have deferred this list until I had been better acquainted with persons here. If,
therefore, I should find it for HM's service to recommend any others preferable from my
longer experience of them to the gentlemen of whom I now enclose a list, I shall hope for
your indulgence more especially as I assure you that I have not nor will I ever entertain
any views while I am honoured with HM's commission here in the least inconsistent with
my duty to HM or that might give you any reason to repent the favours I have
experienced from your goodness to me. In substance same as fifth and sixth paragraphs
and postscript of no 166. Signed. 5 pp. Endorsed, R, 28 June. Enclosed:

167 i List of six persons recommended to supply vacancies in Council of
Bermuda. Copy of no i66iii. 5 small p.

167 ii Capt Benjamin Wanton to Governor Popple. Copy of no i66i. \ small p.
[CO 37/29, ff 9 2-98d]

168 Francis Fane to Commissioners for Trade and Plantations stating no
May 11 objection to Act passed in Virginia in 1738 to enable Ralph Wormley to

sell entailed lands. Signed. 5 p. Endorsed, Reed., Read n May 1739. [CO 5/1324, ff 162,
165,

9 8 STATE PAPERS COLONIAL [169

169 Lieut-Governor William Gooch to Commissioners for Trade and

May 15 Plantations. When I sent you the Acts of last Assembly I forgot to
answer the inquiry you made after Mr Mekercher and Huber, not that I had anything of
much importance to write, but occasioned I conceive by the hopes I had that the
gentlemen themselves according to their engagements with me would attend you and
anticipate all I have to say. For when Mr Mekercher went from hence about twelve
months ago he promised to wait on you on his arrival in London with a full narration of
the design of their voyage to these parts, and Mr Huber some time before his departure
for Maryland, where he took shipping, gave me the like assurance; for which reason, as
well as from a letter I lately had from him wherein he tells me that he has got the better of
all opposition and intends shortly to return to this country, I presume he has long ere this
given you full satisfaction as to his project, which in short is this. They propose to
purchase here, where the bargain is already struck, and in Maryland if they can agree,
with ready money annually 15000 hogsheads of tobacco for the French farmers and to
give the planters a better price for it in the country than they get from their merchants in
London after running the risk of the seas. They are to transport it in British-built ships
and sailors and intend to land it in some port in the Channel to be shipped for France.
And as there is nothing in it that I can perceive contrary to the Acts of Trade, if these
colonies are encouraged in such commerce it will be disagreeable only to the gentlemen in
London who will thereby lose the commissions upon the sales of so much tobacco; and if
Virginia gets anything by the bargain the money will go to England to buy the necessaries
they want or be laid out in the stores here with traders who have all their goods from
thence. I hope you will excuse my not sending the journals of the House of Burgesses
along with the laws, there being no paper at that time in the country fit for it; but the
ships are now arrived and that want will soon be supplied. Signed. 2 pp. Endorsed, Reed.
30 June, Read 5 July 1739. [CO 5/1324, ff 166, i66d, 169,

170 Extract of letter from Rev John Martin Bolzius and Rev Israel Gronau
May 15 to Henry Newman. Present condition of the Salzburghers here is the

same as that given in last letter of 12 March. Everything planted this
spring grows well. A good harvest would help another transport of Salzburghers hoped
for next fall. Copy, i small p. [CO 5/640, f 315]

171 Commission to Henry McCulloh to supervise, inspect and control
May 16 revenues and grants of lands in North and South Carolina. Entry. 6 pp.

Entered in the office of the auditor and surveyor-general of HM's
revenues; at Whitehall 24 May 1739; Peter Leheup. Examined and compared with the
original by S Gellibrand, 31 May 1739. [CO 324/49, pp 128-134]

172 Orders, rules and instructions to be observed by Henry McCulloh in
May 16 discharge of his commission. Entry. 14 pp. Entered as no 171. [CO

324/49, pp 135-148]

173 Minutes of Trustees for Georgia. Received bottle of salitrum seeds, the
May 16 benefaction of Henry L'Apostre, being remedy for the bloody flux.

Commission to Rev George Whitefield to perform religious offices
ordered to be sealed. Entry, i p. [CO 5/687, p 1 18; entry of commission in CO 5/670, pp
392-393]

174] AMERICA AND WEST INDIES 1/39 99

174 William Stephens to Trustees for Georgia. When I wrote to Mr Verelst

May 19 2 ist ult after enclosing copy of my former together with a continuation
of my journal as usual, I prayed him to obtain your pardon if I deferred
giving you further immediate trouble of that kind, intending in my next to see if I could
find anything which I might persuade myself was worth laying before you without
appearing a commentator on my own journal. In this interval of time I have had the
pleasure to be informed by Mr Verelst in his letter of 22 December, which I received on
ist inst (so long was that letter in its passage), that what endeavours I had hitherto used to
be of service in the station appointed me were kindly accepted and well approved, which I
should be wholly unworthy of were I to slacken the like endeavours for the future. Nay, I
have not such an opinion of my own performances as to think what is past a sufficient
testimony how great a desire I have to be of more significance in laying open everything
to your view that I can attain to the knowledge of which I apprehend is requisite for you
to be informed in. But therein, as I have reason to believe I am looked on by some under
the character of an informer (a title odious in many cases but such as I assure you I am no
ways afraid of when it is part of my duty), you will easily imagine that a pretty deal of
care is taken to hang out false lights on some occasions in order to mislead my unwariness
and thus meaning to expose my ignorance; but under proper caution in these times of
darkness when truth is so obscured and hard to come at I do what I can to trace it and
shall never hesitate to represent it as I find it, though it cannot be always agreeable as
appears too plainly in my journal.

After a long scene of jarring between Messrs Jones and Causton wherein abundance of
reproaches and scurrilous ribaldry have been plentifully bestowed on each other, to the
sport indeed of too many who thought themselves under no obligation to either, there
seems at present a calm intermission and a quiet application to the matter in hand; from
whence it ought to be hoped that some eclaircissement will at length be found and a
period put to it in time, though I am not capable of judging when. But as I make no doubt
Mr Jones writes you fully of all he thinks proper, so I can make none that this among
others he is more particular in. It were to be wished also that something more satisfactory
than (I fear) he is yet enabled to lay before you could be attained with relation to Mr
Bradley's affair whereon I touched a little in the close of my last journal ending i8th ult.
But the foot Mr Bradley leaves that account on now seems to require such a decision as
Mr Jones (though a good accountant I must presume and I mean it as no reflection on
him) probably is not capable of; but the Gordian knot which he cannot untie he may leave
for such to cut who dare to be plain. Mr Bradley gives out that the injury sustained is on
his part, by the Trustees not having fulfilled their agreement with him, which if they had
he would have done - wonders! He appears much elated of late, and though he makes a
faint outward show of an intention to settle on his own 500 acres, yet few believe it but
rather, as he has sent some of his family by little and little to Carolina, that he means to
follow them thither himself.

So many within few months past have left the colony in exchange for Carolina that
this town is become apparently thinner in people than it was. Nevertheless I cannot
depart from what I have before asserted, that the greatest part far of those that are gone
are not to be wished for again, very few of such as are really valuable being among them;
and they who remain appear generally fixed and determined to try their fortune yet
further at all events, though too many are hard put to it to live which I know to be true.
Under such time of trial they have surely an undoubted right to be dealt tenderly with,
and when they have no pretence of claim from the stores soft words and a kind
deportment towards them would be encouraging in expectation of better things to come
hereafter. This, however trivial it may be thought, I have taken particular care myself to

IOO STATE PAPERS COLONIAL [l/4

observe and found a good effect from it, divers that have accosted me with sorrowful faces
growing by such means in better temper; and I wish the same experiment were thought
more worth making by others, for a morose, surly carriage from any person in authority
to a man in need certainly puts it in the poor man's power to look on him as an instrument
of cruelty from whence an odium naturally follows. Far be it from me, and I hope I shall
not from hence be thought, to palliate much less appear an advocate for any of those most
unjustifiable steps taken by hot-brained angry men which I have always taken care to
represent in a true light as they happened: it will be found in the daily observations I
made. Mr Williams, who stands most noted for such excess of heat, is now going (he says)
for England where he gives it out he will appear before you and speak for himself. In the
meantime a handsome plantation of about 38 acres, which he has well cultivated and
brought to good perfection, he leaves entirely neglected to run to ruin which is great pity
and shame.

When I reflect on the present discord between the magistrates and storekeeper (which
is also taken notice of in my journal) and seek to learn whence it arises I find little
difficulty with myself to determine that it proceeds from a false estimate they make of
their several powers, each looking on the other as subordinate whereas in truth there is no
relation between them that I can discover. The magistrates have often complained of Mr
Jones's sending for them in a peremptory manner to come to him on very light or hardly
any occasions, that frequently in such cases they have been allowed only to put in force
what he requires in a summary way without proceeding regularly as the law directs,
which they say they are now weary of. Mr Jones's badge of authority is the key of the
stores which they found lately exemplified but any other power than what thence arises
they deny unless he shows it; and if he has such he ought (they say) most certainly to
produce it and have it registered and published. Otherwise they think themselves not
obliged to pay an implicit obedience to his will. During such wrangling my labour is
always for peace but so much rancour is now grown among them that I begin to fear the
breach is too wide for me to soder [sic: solder?] easily; for it began, from what I learn,
early, Mr Jones looking on Parker with a jealous eye as one who wished too well to Mr
Causton and therefore he conceived him instrumental in giving what joint assistance he
could to obstruct the discoveries expected to be made in that inquiry. Parker owns his
having always had a good opinion of Mr Causton and a long familiarity, but as to his
accounts in the stores he professes he never was conversant with what was doing nor was
he capable if he would of giving him any help in those matters which were far above his
reach. He has often taken occasion to declare that as soon as any fraud that Mr Causton
has been guilty of is laid open he will be as forward to renounce all further acquaintance
with him as any, but till then he apprehends it no crime to converse with him as a
neighbour. Parker moreover makes grievous complaint that Mr Jones is become such an
inveterate enemy to him as to do all he can to blast his character with the Trustees as a sot
and an idle fellow, and particularly in one letter that Mr Jones wrote to you (which he
sent to a certain person who told Parker of it again) he exhibits it against him as a
notorious offence that one evening at Jenkins's (where he happened to be though he is
scarcely there perhaps twice in a year) he was drunk and behaved unbecoming the
character of a magistrate by a foolish frolic too mean and ridiculous to relate which very
probably proceeded from taking a cup too freely and unguarded, but nothing was done
that created any mischief and only mirth as the story was told to me. Such freaks,
however, are certainly not to be allowed among strict moralists; but the greatest of men in
authority may sometimes slip and a poor bailiff of Savannah cannot be supposed at all
times to appear with the same gravity and forms as when on the bench. So far Mr Parker's
friends urge in his behalf; and as to his being an idle fellow I should do him wrong not to

175] AMERICA AND WEST INDIES 1739 IOI

aver what I know, that he has been a zealous planter cultivating land every year since I
knew this place and will appear (if I mistake not) among those who have improved the
greatest number of acres this season when I shall hereafter have the honour, I hope, to lay
that before you.

I must confess I find myself under many doubts in giving my pen such liberty, not
knowing how far it may give offence, but as it proceeds from a conscientious regard to
truth without least prejudice and your commands were expressly to write my thoughts
openly and freely I hope I shall not thereby split on that rock which I might easily avoid. I
look on Mr Jones as a person endowed with unquestionable abilities to go through the
work he has the direction of and I am fully persuaded he has it in his view to do all things
with the greatest frugality. Happy would it be if he could command his temper a little
more and suffer his resentments to die away sooner, which he sometimes conceives (I
fear) rather from jealousies and suspicions than reason well informed. Mr Parker has in
his station, as far as I could well observe, acquitted himself like a good magistrate, is an
honest man having strict justice in his aim at all times, and his good understanding will
not easily misguide him; but the present difference between Mr Jones and him arises from
the causes beforementioned wherein each might assume less dignity as I apprehend
without any diminution of their real power which I am sure would conduce more to the
public benefit.

To pass on from these things to somewhat more agreeable I have the satisfaction to see
the late seasonable rains which we have had give a promising prospect that those who
have taken the care and pains in planting are likely to meet with a better return for their
labour than any of the former years within my observation, but it were to be wished that I
could at the same time acquaint you with an increase of the number of acres planted
which I fear will fall short of what the last year produced, though I would not anticipate
what I may have to say on that occasion when I shall go through each individual. Your
silk manufacture increases a little and as they are now winding off the balls I think we are
not mistaken in computing more than double the quantity of what we saw the last season.
I cannot but be of opinion that it has been a loss in suffering the seed to hatch too soon.
Our spring comes on here very early and that produces the worms faster than the
mulberries will afford leaves to feed them, especially if a frost happens in March (which
has been our misfortune for two years past) and that cuts off all early and tender leaves,
the consequence of which must be that infinite numbers of them perish so that probably
there are not more than a fourth part of the worms preserved from which we are to expect
any good and they are such as come abroad latest. The family who have the management
of this appear very diligent and give sufficient marks of their skill but, upon my observing
to them what I have here done, they seem to think as I do and intend another season to
preserve the seed in a cellar or some cool place till they can be judged out of danger. Your
oranges and vines in the garden likewise felt severely the effects of that cruel frost about
the middle of March (as noted then). Such vines as were very young and began to put
forth tendrils especially suffered and divers were cut off. Such as had taken good root and
were of age to bear it escaped a little better and many of them show us very promising
clusters, by which we hope to see different kinds and be able to judge which to give the
preference to. Signed. 5 small pp. Endorsed, Reed. 22 August 1739. [CO 5/640, ff
317-320]

175 Duke of Newcastle to Lieut- Governor William Gooch. Lord Albe-

May 21 marie having received an account that, upon the death of Mr Nichols,

Whitehall j ate ac jj utant m Virginia, which happened in September last, you had

immediately appointed Mr Randolph [MS: Randal] to succeed him without having at that

IO2 STATE PAPERS COLONIAL [176

time or since acquainted his lordship with it or as much as mentioned the vacancy having
happened, I have been desired by his lordship to trouble you with this letter upon that
subject. As it appears by the letter which you wrote to Lord Albemarle in July last that
the disposal of the post of adjutant belongs to the governor he could not but be a little
surprised to find that you had given it away without consulting him or informing him of
it. His lordship is, however, ready out of regard to you and from the good character he
has heard of Mr Randolph to confirm the appointment which you have made in favour of
that gentleman. And Lord Albemarle having applied to the King for HM's pleasure and
commands relating to the future disposal of offices within his government, HM has
ordered me to acquaint you with his pleasure that, whenever any offices whatsoever shall
hereafter become vacant in Lord Albemarle's government which are of right in the gift of
the governor, you should give immediate notice of such vacancies to his lordship and not
proceed to fill them up till you shall receive his directions for that purpose, except the
offices are of such a nature that it may be necessary for the public service that they should
be immediately filled: in which case it is HM's pleasure that you should appoint proper
persons to execute the said offices provisionally and subject to the future approbation and
confirmation of the governor. Draft. 3 pp. [CO 5/1337, ff 204-20^]

176 Francis Fane to Commissioners for Trade and Plantations stating no
May 22 objection in point of law to four Acts passed in Montserrat in 1738.

Signed, i p. Endorsed, Reed. 24 May, Read 4 July 1739. [CO 152/23, ff 226, 226d, 231,
23 id]

1 77 Minutes of Trustees for Georgia. Rev George Whitefield returned the
May 23 commission granted to him on 27 December 1738, never having made

: urt use of it. Entry, i p. [CO 5/687, p 119]

178 Lieut-Governor George Clarke to Duke of Newcastle enclosing copy
May 24 o f letter to Lords of Trade. I formerly wrote to their lordships about

Tierondequat and the fort built by the French at Crown Point, an
extract of which letter they acquaint me they have laid before you but could not find
those places in their maps. I now point them out in a small map which I sent to them. I
likewise send you a copy of the papers mentioned in my letter to the Board of Trade
relating to the boundaries of this province and Massachusetts. I hope you will give your
protection therein that they may be kept within their proper bounds and within the rules
of justice to the Indians. The commission formerly granted by His late Majesty for trying
of pirates is nowhere to be found upon all the inquiry I have made both of Governor
Cosby's private secretary and the officers of Admiralty. I have hitherto had no occasion
to make use of it and hope I shall not, but lest it so happen that I may have occasion to
hold such a court I presume to give you this information though if the commission were
to be found I am not sure that I could hold a court, it being a commission from King
George I. Signed, z small pp. Enclosed:

178 i Boston, 29 November 1738. Vote of Council of Massachusetts, concurred
in by House of Representatives, desiring the governor to propose to the governor of
New York the appointment of boundary commissioners. Copy. 2 small p.

178 ii Boston, 26 March 1739. Governor Jonathan Belcher to Lieut-Governor
Clarke enclosing and recommending no i78i. This matter has been long desired to be
brought to an issue on the part of Massachusetts and they are still more desirous of it
as they think it will be for HM's service in the ease and quiet of his subjects on both
sides on account of the settlements this province is making near the line. Copy, i small
P-

1/9] AMERICA AND WEST INDIES 1/39 IO}

178 iii New York, 24 May 1739. Lieut-Governor Clarke to Commissioners for
Trade and Plantations. Copy of no 179. 4 pp.

178 iv New York, 9 April 1739. Same to Governor Belcher. The matter will be
recommended to the Assembly in the fall. Copy, i small p. [CO 5/1094, ff 95-1

179 Lieut-Governor George Clarke to Commissioners for Trade and

May 24 Plantations, enclosing small map of the country taken I suppose from
M E De Lisle's. Though it be not correct it will serve to show you
where the fort built by the French at Crown Point at the entrance to the Lake St
Sacrament and where Tierondequat on Cadaracqui or Ontario Lake are situated, from
whence you may find those places on your own maps. Tierondequat in the enclosed map
was placed nearer to Niagara than to Oswego whereas it is at most but fifty miles from the
latter, and the brook that goes by that name I have now laid down in red ink at that
distance from Oswego. The fort at Crown Point is also drawn in red ink. The French
pretend to claim all the lands so far as the springheads of any rivers or waters that empty
themselves into any of the lakes that disembogue into the river of St Lawrence. If these
pretensions had any foundation the greatest part of the Six Nations would be theirs, they
would come close to Virginia and other colonies, and confine the English dominions to
the limits of our present settlements; but I presume to think those pretensions vain and
that if water is to be the boundary between them and us, that the lakes and the rivers into
which those lakes disembogue themselves are the most natural and proper boundary and
much or more in favour of the French than in reason and equity they can expect, for the
Sinnekas claim a large country on the opposite shore of the Lake Cadracqui which they
conquered long ago from the nations of Indians then inhabiting it.

I lately received a letter from Mr Belcher, the governor of Massachusetts, with a
resolve of their Assembly concerning the ascertaining the boundaries between the two
provinces with answer thereto, all which I enclose; and I expected Mr Belcher would wait
till I had laid it before the Assembly and they had provided for the expense on our part,
and hoped to have heard from him in answer to my letter but I have as yet received none.
On the contrary, without staying for the sitting of our Assembly several people of their
colony have gone within sixteen miles of Hudson's River near Albany with a surveyor to
lay out some lands (for one or more townships) as I am informed, some of which were
granted by the governor of this province in 1688 and some of them purchased of the
Indians by licence from Governor Montgomery and now too granted. The owners of
those lands, hearing what the New England people were doing, went on the spot and
forbad them. The Indians who had sold the lands to our people drove the surveyor and
those who were with him away, being exasperated at the New England men who without
any purchase pretended to survey those lands. If the New England people have formerly
taken such steps I am not surprised that they have drawn upon themselves bloody and
expensive Indian wars. Our method is very different from that. We never grant lands until
they have been bought of the Indians and until deeds are executed by them and those
deeds laid before the Governor and Council. I wish with all my heart that our boundaries
were settled but in order to do that I conceive I must not only be assisted with money by
the Assembly but I must have an instruction from HM for that purpose; and until the
boundaries are settled I presume to hope you will think it proper to obtain HM's order
forbidding any future surveys or settlements to be made by the New England people on
their frontiers towards this province, for if they go on to settle it will be more difficult on
a treaty to throw them back to their proper bounds and the more they encroach the more
quitrents will the King lose in this province. And in truth I doubt whether the New
England people really desire to have their limits ascertained since they serve themselves in

IO4 STATE PAPERS COLONIAL [180

this manner without it. For this is not the first time they have made the same request to
the governors of this province and then without waiting have laid out lands and settled
them, I mean even some lands which had many years before been granted here. Besides,
they well know, too, that the Assemblies of this province are averse to the giving of
money for such purposes as the lands are the King's and not theirs, and therefore think
they may safely go on without fearing to be disturbed by our and their fixing the
boundaries. However, they ought to beware of provoking the Indians by taking their
lands either by fraud or force lest they beget a new war with them which in its
consequences may affect us. I send you the minutes of Council with the only two Acts of
Assembly passed in April last: one to prevent swine running at large, an useful Act for the
counties to which it is confined, the other for laying some small duties on wine, etc which
will put some money in the treasury against the Assembly think fit to pay our long
arrears. Signed. 4 small pp. Endorsed, Reed. 6 July, Read 18 July 1739. Enclosed:

179 i Boston, 26 March 1739. Governor Jonathan Belcher to Lieut-Governor
Clarke. Copy, of no i78ii. 2 small p. Endorsed, as covering letter.

179 ii New York, 9 April 1739. Reply to preceding. Copy, of no i78iv. 5 small p.

179 iii Map of country of Six Nations and lands south of Great Lakes. With
observations thereon. 2 pp. [CO 5/1059, ff 97~iO3d, 108, io8d]

180 Thomas Lowndes to Thomas Hill. The Commissioners for Trade and
May 25 Plantations have been very uncandidly dealt with relating to the paper

currency of America, for it is and has been the interest of the governors to keep their
lordships in the dark. From this mysterious part of commerce the governors' most
beneficial jobs arise to the great prejudice of the British trade. If I knew that their
lordships would look upon it as a service useful to the public and agreeable to them I
could propose a method how to remedy this great evil to the satisfaction of every
reasonable planter and merchant. This is of more consequence to their lordships' office
than appears upon the first view and HM's service suffers by the present practice. Signed.
i small p. Addressed. Endorsed, Reed. 25 May, Read 30 May 1739. [CO 323/10, ff
140-1410!]

181 Charles Carkesse to Thomas Hill. Several of the Naval Officers in the
May 26 plantations having been very negligent in transmitting to the Commis-

Custom-house s i oners the lists of all ships entering and clearing in their respective

districts as directed by 22 and 23 Charles II and the instructions to the

governors, they have ordered letters to be written to the governors desiring they will give

directions to the several Naval Officers in their governments to transmit the said lists to

this board for the future, as also letters to the Naval Officers to send the said lists (with

those in arrear) immediately after the end of every quarter according to the enclosed

form; and they desire you will lay the same before their lordships and let me know

whether they have any and what objections to the accounts being sent in the manner

thereby prescribed. Signed, i p. Endorsed, Reed. 28 May, Read 30 May 1739. Enclosed:

181 i Specimen form for use of Naval Officers. Printed. 2 pp. [CO 323/10, ff

182 Governor Lewis Morris to Duke of Newcastle. With this I send

May 26 transcripts of laws passed in New Jersey this last sessions of Assembly

Perth Amboy as dj recte d by HM's instructions, with my speech to them on their

meeting and the Council's and Assembly's address to me, which last I should have been

glad to say the Assembly had made good. I send also a joint address from the Council and

183] AMERICA AND WEST INDIES 1/39 IO 5

Assembly to HM which I entreat you to lay before him. The journals of the Council and
Assembly are transcribing but I fear will not be done timely enough to go by this
conveyance but shall be sent as soon as I can. The Council have behaved with a
moderation, resolution and prudence suitable to their stations. By the laws in force there
is yearly paid into the treasury money sufficient to support the government in a much
better manner than is now done for about eight or ten years to come. This money is to be
disposed of for that use in such manner as the Governor, Council and Assembly shall
direct; but the Assembly would by no means permit the Council to direct at all or make
any alterations to what they had proposed on the pretence that it was a money bill to
which no alterations ought to be made, though by the express words of the Acts that raise
the money and which have had HM's royal assent the Council are as much empowered as
the Assembly to direct in the disposition of it. This, as I conceived, unwarrantable
conduct in the Assembly I judged to be of too dangerous a tendency and therefore
thought it proper to dissolve them. I have written this matter very fully to the Board of
Trade and will not trouble you with a further repetition of it. I send with this my speech
to them on their dissolution and hope that HM will be graciously pleased to approve of
my conduct on this occasion.

Among the Acts herewith sent there is one to erect the northern parts of Hunterdon
County in the western division into a new county by the name of Morris County. Their
having of representatives is suspended till HM's pleasure is know on that head. If HM
should think fit to grant them that favour it will be adding two representatives to the
western division more than the eastern has ; but if HM will give me leave to add two to the
eastern division in such place or places as I shall judge most proper to make them equal (as
by his instructions it seems to be intended they should be) such is the situation of this new
county that I am in hopes that by the addition of those four members to put the support
of the government upon a better and more certain footing than it is at present and to get
money raised for the building a house and conveniences for a governor's residence, sitting
of Assembly, etc, all which are very much wanting. I entreat your favourable representa-
tion of my conduct to HM to whom I wish many days and much happiness: his
approbation when known here may be one means of preventing and discouraging this and
other Assemblies from making attempts of this kind for the future. Signed. 3 pp.
Enclosed:

182 i Address of Council of New Jersey to Governor Morris. Printed by John

Peter Zenger, 4 January 1739. 4 pp.

182 ii 15 March 1739. Speech of Governor Morris to House of Representatives

of New Jersey dissolving it. Printed by William Bradford in New York, 1739. 4 pp.
182 iii Address of Representatives of New Jersey to Governor Morris. Printed. 3

pp.

182 iv Speech of Governor Morris to Assembly of New Jersey. Printed by J P

Zenger, 1738. 4 pp. [CO 5/983, ff i75~i

183 Governor Lewis Morris to Commissioners for Trade and Plantations

May 26 acknowledging letter of 2 November. I hope my conduct has and will

e Amb y receive your approbation or if I make any mistakes (which shall not be

wilful) your favourable censure. I shall obey your commands in making the best answer I

can to your queries when I have time to consider them and shall at present speak only to

the first query. Sandy Hook lies in the latitude 40 and 20' or 22' north, Perth Amboy in

the latitude of 40 and 30' about 20 miles west-northerly from Sandy Hook and the

longitude of 5 hours west of London. These latitudes and longitudes are by computation

from several observations made at New York in 1721-1722 of the meridional altitude of

106 STATE PAPERS COLONIAL [183

the sun for the latitude and of the immersions and emersions of Jupiter's first satellite for
the longitude. By these observations the latitude of New York was computed to be
40 41' and the longitude 4 hours 59 minutes west from London.

As to Councillors dead or absent there is no Councillor that I know of absent from
New Jersey but James Alexander who lives in New York and is now building a large
house there. This will require his attendance this summer. I tacitly consent to it but have
given no particular leave either verbal or under hand for any particular time. Robert Lettis
Hooper, one of the Council and chief justice of the province, died this winter and by the
unanimous recommendation of the Council (as will appear by their journals) I appointed
my son Robert Hunter Morris, one of the Council, chief justice in his stead. The salary is
not 9O/ sterling per annum and, exchange daily rising, it will be less and the perquisites a
trifle. The Assembly who were then sitting would also have recommended him and I am
told expected to be asked, but that I did not think proper to do they being too willing to
make use of any handle or claim it as a right of doing so. John Hamilton esq, eldest
Councillor, had the second judge's place, about ^4 t l per annum which he resigned, the
salary being so small as would scarce maintain a footman; and I appointed the late Speaker
of the Assembly in his stead who had been as serviceable as he could, but I believe he will
resign too for the same reason. Col Coxe, the third judge of the Supreme Court, died
about three weeks since: there is no salary annexed to the office and I have not as yet
appointed anybody in his stead. The Quakers seem desirous of having one of their own
persuasion, perhaps that may be a means of fixing a salary for that office, but a third judge
not being absolutely necessary I suspend the making of him for some time to see how
they will behave in an Assembly now choosing.

Pursuant to instructions I send enclosed with this one copy of the laws passed last
sessions of Assembly. The journals of Council and Assembly are transcribing and daily
expected for you, which if not timely enough done to go by this conveyance shall be sent
by the next that offers. The Assembly have with much ado been prevailed with to support
the government for three years and would have me and everybody else believe that they
have in this case done wonders, and indeed considering the too general inclinations of the
people in these parts of America to render all the officers of the government so entirely
dependent on them as to make them become subservient to their purposes (which are not
always the most beneficial for themselves) what they say is not unlikely to gain credit
among too many of their electors. But I persuade myself that you will be of opinion with
me that this wonderful support is wonderfully small and not agreeable to their addresses
to HM or sufficient to answer the end that should be intended by it. The governor's iooo/
per annum in what they call proclamation money (which is their paper bills) is about 5 5O/
sterling which may perhaps with frugal management discharge the necessary expenses of a
family but will not much exceed. The provision for the other officers are much more
disproportionate and so small that they can hardly subsist upon. They would persuade me
to believe that the smallness of the provision made for me is a mark of their affection and
esteem and that a larger sum and such as would be thought suitable to the station might
tempt someone of more interest to obtain the government. You see that they want not
their crafts; but one of them (a weaver by trade) speaking amongst his partisans of the
officers of the government seems to me to have given the true reason not only of the
conduct of the Assembly but of most others to eastward of us, viz Let us keep the dogs
poor and we'll make them do what we please. The method of supporting the government
in Pennsylvania is (as I have been informed) by the Assembly making presents to the
governor, sometimes more and sometimes less as the humour takes them or the influence
of his friends prevail or as he has been more or less pliant to their purposes. This is a
method the people of Jersey would come into, and are not very inclinable to the coming

183] AMERICA AND WEST INDIES 1/39 IO/

into a support for above a twelvemonth and that such as they think proper, which would
be doing the same thing and be in the nature of a present under the name of a support and
I think make the office more dependent on the populace and their support more
precarious than is consistent with their stations.

All I could get though I laboured the point (as you will see by the journals when sent)
was a three years support much short in quantity of what was reasonably expected and of
what they were able and (I will add) obliged to do. The Council, who (as I take it) have as
much to do in this affair as themselves, would have made suitable alterations to their bill
but knowing their pretences that the Council had no right to amend a money bill, though
the Council judged this pretence groundless on any account and that this was not in its
nature a money bill, yet in order to keep up a good correspondence between the Houses
and to prevent as much as possible a rupture between the two branches of the legislature
the Council sent to desire a conference with them on the subject-matter of the bill. This
the Assembly refused insisting and (after several messages passed between them)
persisting in it, that it could neither be for the interest of the province nor consistent with
the privileges of their House to admit of any alteration to be made to that bill.

I beg you to be informed that there are two Acts of the Assembly of this province that
have had the royal assent now in force for the making bills of credit. The reasons assigned
in the preamble for making of them are the better to enable the inhabitants to support the
government and pay their debts: this you may observe from the copies in your office.
These paper bills (called paper money) are lent out to the people at an easier interest than
they can have it elsewhere, and the interest arising by them is appointed yearly to be paid
into the treasury and by those Acts applied to the support of the government but to be
disposed of to and for that use in such sort, manner and form as by the Governor,
Council and General Assembly shall be directed. Whether this is to be done by Act or by
agreement yearly among the parties authorized to direct the disposition of it might admit
of debate; but whatever way soever it was to be done both the Council and the Governor
were by the express words of the Acts equally empowered to direct in the disposition of it
with the Assembly. As by those Acts a sufficient support for the government was raised
and applied to that use and then was and yearly is paid into the treasury for that end, so
by those Acts no other authority was given to the Governor, Council and Assembly but
to direct the modum disponendi, viz what part of it should be given to each of the officers
of the government for their salaries and what part of it should be applied to the other uses
of the government. And the bill then under debate was not a bill to raise any money
(though if it had the Council had a right to amend that as well as any other) but a bill in its
nature to direct in what manner money already raised should be applied to the purpose it
was raised for. This is confessed in the preamble of the bill now sent you though in the
first enacting clause the Assembly take upon themselves to say (I think improperly) that it
was then cheerfully given to HM in order (as appeared by their after-conduct) that they
might call it a money bill and under that groundless pretence take to themselves the
disposition of that money as they thought fit exclusively of both the Council and the
Governor contrary to the express words of the Acts I have mentioned and which the
preamble of this Act now sent refers to. The dangerous tendency of this bold step (to call
it by no worse name) is so evident to you that I need not observe much upon it. I did not
think it consistent with my duty and the trust HM reposed in me to let it pass unnoticed,
and therefore to check it as much as I could in the bud I dissolved them and submit it to
your judgment. Enclosed is my speech to them on their meeting and that on their
dissolution and their address to me which they have not come up to in one point. The
country are or pretend to be generally dissatisfied with their conduct and I am in hopes
the Assembly we are now choosing will evince with better dispositions than the last

108 STATE PAPERS COLONIAL [183

because of the general cry against them though we should have many of the same men.

Every Assembly are for making the officers of the government entirely dependent on
them and the means used to obtain this end is to deny the Council making any
amendments to what they call a money bill, which though groundless answers the end full
as well as if the pretence was never so well founded. Nor do I see how it will or can be
otherwise (unless HM will condescend to apply for aid to a British parliament with regard
to his plantations, most of the inhabitants of which this way having the same
dispositions). For should the Assembly admit that the Council have a right to amend, yet
they will tell them they are not obliged to agree to the amendments the Council will make
and the same difficulty recurs, they generally having obstinacy enough to persist against
the force of the most cogent reasons when they want inclination to be convinced. But
with respect to the two Acts I have mentioned the case seems to me to be something
otherwise or to be capable of being made so. The interest arising and yearly paid into the
treasury from the money lent by virtue of those Acts will for many years support the
government sufficiently but on this there arises some difficulty. First this money is not to
be given to the King; but to this I answer, it, being given for and to be applied to the
support of the government, is ex vi termini tantamount. 2nd it is asked whether all or part
of it must be applied, but to this the answer seems easier, all being given to that use all
must be applied to that use. }rd if all, in what manner? whether as it yearly conies in or
otherwise? for during the first eight years of the time it will be rather more than enough
and towards the end less than sufficient. This is a difficulty and for that reason was left to
the parties mentioned in the Act to direct in what manner. But as I take it, it must all of it
be applied in some manner or other or the government will want support when there is
money in the treasury sufficient to do it, which would be inconvenient. But the greatest
difficulty remains, viz 4th whether it be absolutely necessary that all the parties appointed
to direct the manner of the disposition should agree in the doing of it? whether the
majority agreeing be sufficient? if all, then any one dissenting defeats the whole thing; if
the majority, any two agreeing will be sufficient. It is urged strongly on the one side that
when a thing is appointed to be done by three the whole number must join in the doing of
it or it will be void when done. It's said on the other side that true it is when the thing
appointed to be done may be done or left undone; but when a thing must be done the case
is otherwise, for there the majority agreeing will justify the doing of it, otherwise it would
be in the power of any one to defeat it, which was not intended to be done. They say
further it is self-evident that the legislature when they made those Acts, by appointing
money to be yearly paid into the treasury for the support of the government, must have
intended that it should be yearly applied to that purpose and could not intend that it
should be in the power of any one of the parties to whom they left the disposition to
prevent the doing of it and consequently render ineffectual one of the great purposes if
not the principal for which those Acts were made; that the words of all laws whatsoever
must be construed in such a manner as to render them effectual to answer the ends and
purposes for which they were made and not so as to defeat, evade or elude them, which
the dissent of one party could do if all their assents were absolutely necessary. Which of
these opinions is right is humbly submitted to you and the learned in the law. I know
which I would have to be so; and this I take to be certain, that if it is to be done by Act of
the legislature as things are now circumstanced both the Governor and Council must
agree to such dispositions as the Assembly (which is but one of the parties) will please to
make or the government must be wholly unsupported and no disposition made in any
manner.

HM by his instructions to former governors directed that there should be twelve
Assemblymen chosen for the eastern and twelve for the western division of New Jersey

183] AMERICA AND WEST INDIES 1/39 109

and that neither of them should either be increased or diminished nor manner of electing
altered but by Act or Acts of Assembly confirmed by HM, his heirs and successors. The
first part of the instruction with respect to the number is continued to me but the last part
with respect to the enlarging or diminishing of them and manner of electing is wholly
omitted, by which I understand that HM is not against augmenting the number which
will as the country settles become necessary, but that if any addition be made to the
present number of twelve the increase should be equally made in both divisions so that
the number of representatives in each division should be equal. If I do not rightly
apprehend it I hope you will inform me. The reason of my mentioning this is that among
other Acts herewith sent there is one for the erecting of a new county in the western
division called Morris County, in which Act their having representatives is suspended till
HM declares his pleasure in the case, which I recommend to you to advise may be done in
their favour because that being an addition of two members to the western division I can
with HM's leave add two in such part of the eastern division which I shall judge most
conducive to HM's service. As this new county is situated I am in hopes I shall by that
means be able with this addition to prevail upon them to raise money for the building a
house for the governor (there being none yet) and conveniences for the seat of
government and put the support of the government upon a better footing, the present
method of alternate sittings of the Assembly and courts and keeping two Secretary's
offices being very inconvenient and burthensome to all the officers of the government
whose small salaries render them scarce able to keep one office well. All parts of the
legislature agree the thing to be inconvenient and would have it fixed at one place the
choice of which the Assembly has left to me, but that will signify little unless they make
suitable provision for it.

There is but little, if any, gold or silver in the province, their whole commerce both
among themselves and with their neighbours being managed by means of paper bills of
credit, of which there are about 6oooo/ now current and in 1 74 1 it will begin to sink and
grow yearly less. But the whole quantity I am told is not sufficient for the uses of the
province and that the people will soon be very pressing for more. In such case it is not
improbable that to gain their ends they will come into the measures of the government
and make its support both better and more certain than it is at present.

By HM's patent I am empowered to act with three Councillors though by his
instructions restrained to five unless in cases of extraordinary necessity, but their
habitations are so remote from each other that at this place I can't get above three together
unless I send 23, 30 and 40 miles for them, and at Burlington there are three pretty nigh
together but the rest must come 40, 50, 80 miles to meet which is not convenient. So that
it is no small difficulty to get a Council of five or more together and to keep them together
when they are met, but I am in hopes when the seat of the government is fixed this may in
some degree be remedied. The distance of the habitations of the Council from Amboy
and Burlington and from each other may be pretty well guessed at from the following list.
Burlington is distant from Amboy 48 miles west-southerly. List of the Council of New
Jersey for the eastern division: James Alexander dwells at New York; Cornelius Van
Home dwells in the eastern division about 22 miles NW from Amboy; William Provoost
in the eastern about 35 miles NE from Amboy; John Schuyler about 24 miles NE from
Amboy; Robert Lettis Hooper dead; Robert Hunter Morris, Fen wick Lyell, in Amboy.
For the western division: John Hamilton dwells in the eastern division at Amboy, I know
not any estate that he now has or ever had in the west division; John Wills, a Quaker,
about 6 miles westward from Burlington, he is an old man, goes double and can't attend
unless at Burlington with difficulty; John Reading about 40 miles from Amboy and as
many from Burlington; John Rodman, a Quaker, about 3 miles from Burlington; Richard

110 STATE PAPERS COLONIAL [184

Smith, a Quaker in Burlington. I have been as particular as the time would permit me to
be and hope I have not given you needless trouble and that you will approve what I have
done. Signed. 14 pp. Endorsed, Reed. 9 July, Read 18 July 1739. Enclosed:

183 i Speech of Governor Morris to Council and Assembly of New Jersey.
Printed by John Peter Zenger. 4 pp.

183 ii Address of Council of New Jersey to Governor Morris, with his
acknowledgement. Printed by same. 4 pp.

183 iii Address of Representatives of New Jersey to Governor Morris. Printed by
same. 3 pp.

183 iv Speech of Governor Morris to Representatives of New Jersey on occasion
of dissolution, 1 5 March 1739. Printed by William Bradford in New York. 4 pp. [CO
5/973, ff ii8-i 33 d]

184 President James Dottin to Duke of Newcastle enclosing public papers.
May 28 Signed, i small p. Endorsed, R, 24 July. Enclosed:

184 i List of Acts and minutes transmitted on 28 May 1739. p.
[CO 28/45, # 41 1-41 3d]

185 President James Dottin to Commissioners for Trade and Plantations
May 28 sending public papers. Naval Officer's lists not yet completed. I am

informed that the French have made considerable settlements on those
islands which ought to have been evacuated and reap great profits and advantages to
themselves thereby. Signed, i small p. Endorsed, Reed. 13 August, Read 15 August 1739.
Enclosed:

185 i List of public papers transmitted to Commissioners for Trade and Planta-
tions, 28 May 1739. i p. [CO 28/25, ff 85~

186 Mary Townsend to Trustees for Georgia reciting numerous grievances
May 29 an( J oppressions and soliciting grant of 500 acres of land and gift or

interest-free loan of ioo/. Signed. Illiterate. ^\ pp. Endorsed, Reed. 7
November 1739. [CO 5/640, ff 32i-}22d]

187 Thomas Hill to Thomas Lowndes acknowledging letter of 25th inst.
May 30 Their lordships are always ready to receive and consider any proposal

relating to the public good; and as you offer your method for
preventing the evils attending paper currency in America, they desire you will send it to
me to be laid before them. Entry. 5 p. [CO 324/12, p 242]

188 Same to Charles Carkesse. Their lordships have no objection to the
May 30 form enclosed with letter of 26th inst, it being agreeable to that they

have lately sent to the governors. Entry. 5 p. [CO 324/12, p 243]

189 John Hamilton to Commissioners for Trade and Plantations. As soon
May 30 as Q o \ Morris received his commission to be governor he came here to

publish it and declared himself an entire stranger and void of all
resentments to any person. In the winter he held an Assembly at Amboy. In the Council I
acted as president and forwarded HM's interest and the good of the country as much as
lay in my power. The first Council that was held after the Assembly was dissolved, the
warrants for the salaries of the officers of the government were signed. I applied for my
salary as commander-in-chief from 23 June 1738 (to which time I had received my salary)

AMERICA AND WEST INDIES 1/39 III

to 29 August following, the day he published his commission; which he not only refused
to grant but likewise told me he expected I should pay him all the salary I had received as
President of the Council from 20 October 1736, the day he came here and demanded the
government, and that if I did not pay him he should be obliged to sue me. I told him if he
did and judgment went against me I would certainly appeal; since that I have not heard
anything. However, I thought it my duty to acquaint you with it and beg you will
consider what situation I shall be in if he does. He is the governor, has made his youngest
son chief justice of the province, and appoints sheriffs and other officers of the court, so if
I should be cast I must first appeal to him in Council before I can carry it to England.
Herein I may meet with great difficulty. I beg you to consider me and hope you will
pardon me for this long letter. Signed. 3 small pp. Endorsed, Reed., Read 6 July 1739.
[CO 5/973, ff n6-n 7 d]

190 Minutes of Common Council of Georgia. Resolved that Robert Hows
May 30 have leave to alienate to Rev George Whitefield his 5o-acre lot in

Palace Court Savannah for building the orphan-house. A grant to Mr Whitefield of
450 acres in trust for the orphan-house to be sealed and registered. Resolved that 5/ be
given to Richard Atherton for suit of clothes. William Stephens to be written to in order
to expedite the grants of land to Mr Whitefield. Resolved that a sum not exceeding io/ be
laid out in building a jury room adjoining the church at Savannah. Read report from
committee of estimate for expense of the colony from Michaelmas 1739 to Michaelmas
1740, stating salaries and allowances of officers, cost of servants in Georgia, and charges in
England. Resolved that the Common Council agrees to the estimate, copy of relevant part
to be sent to William Stephens that the people may regulate themselves accordingly. John
Fallowfield appointed second bailiff of Savannah in room of Robert Gilbert. Entry. 12$
pp. [CO 5/690, pp 212-224]

191 [Henry] McCulloh's reasons for repealing the quitrent law passed in
[May 30] South Carolina in 1731. (i) All who hold lands by grants from the

Lords Proprietors, subject to quitrents in sterling money, by this law will be able to pay
in proclamation money which is 25 per cent less than sterling. (2) All who have more land
than they are entitled to - most have - will be able to hold the surplus. (3) Several with
lands provisionally granted after the land office was shut up, on which they pay id an acre
till they purchase the inheritance, will be admitted by the quitrent law to hold subject to
rent of is a 100 acres. (4) Those with fraudulent patents will be able to hold lands at is a
100 acres. (5) If the quitrent law be approved, holders of blank patents - of which there
are many yet in being - might within 18 months from HM's approval take up lands. (6) If
the law be not repealed it will be impossible for the commissioner of quitrents to regulate
the many abuses. (7) No ill consequence can come of repealing the law as appears by, (8)
Governor Archdale's law of 1696 was never confirmed by the Lords Proprietors. By the
Currency Act the people are willing to pay quitrents in paper bills at seven for one, which
will secure the Crown from any inconveniency that can possibly attend repeal of the
quitrent law. 2 pp. Endorsed, Reed, from Mr McCulloh. Reed., Read 30 May 1739. [CO
5/367, ff 3 - 4 d]

192 Duke of Newcastle to Commissioners for Trade and Plantations.
m^i! 1 ]] P re P are drafts of commission and instructions for Robert Byng,

appointed governor of Barbados. Signed, Holies Newcastle. \ p.
Endorsed, Reed., Read i June 1739. [CO 28/25, # 83, 83d, 89,

112 STATE PAPERS COLONIAL [193

193 Thomas Lowndes to Thomas Hill. As soon as the violence of my
June 1 present distemper abates I will execute (and I hope) to the satisfaction

of the Commissioners for Trade and Plantations the business I have undertaken. Their
lordships may depend upon it the New England men may be taught their duty to HM and
their charter kept most inviolate. Signed, i small p. Endorsed, Reed., Read i June 1739.
[CO 323/10, ff 147, i48d]

194 Benjamin Martyn to William Stephens by Rev George Whitefield. The
June 1 Trustees, having granted to Mr Whitefield 500 acres of land in trust for

Georgia Umce an or ph an _ nouse a t Savannah, desire that he be put in possession of the
town-lot and farm surrendered by Robert Hows and that the remaining 450 acres be
surveyed for him. Necessary repairs are to be made to the parsonage-house at Savannah.
Trustees have ordered that a sum not exceeding io/ be laid out in building a vestry-room
adjoining the church at Savannah which may be convenient for juries to retire to. PS. Ten
acres of land must be set out for the orphan-house in or near Savannah. Entry. 15 pp. [CO
5/667, pp 236-237]

195 Petition of Henry Crawford, William Sinclair, Alexander Crawford,
[June 1] David Barclay, Alexander Southerland, Alexander Strachan, Edward

Wilson, James Woodcock, Henry Long, Alexander Mountier, John David Prean & Co,
James Graham, Peter & Robert Baldwin, Peter Bedlow, David Bravo, Isaac Lamego,
Mary Carter and Joannah Gerrard, all of Jamaica, merchants and traders interested in
Union and cargo, to the King. Goods to the value of 99867 IDS 6d were shipped at Port
Royal on Union, Henry Bennett master, to be disposed as and where the supercargo
should think proper. The ship sailed on 23 July 1738. Hearing that there were two
Spanish guardacostas cruising off Cuba, the supercargo was ordered to land goods at Port
Antonio which would not be saleable on the French coast, and to take on such Negroes as
were ready. This was done and the Union then sailed for the French coast. Driven
northwestward, she was taken by guardacostas ten leagues from Spanish coast without
having attempted to trade, carried to Havana, and with her cargo condemned as prize.
Pray for application to Crown of Spain for relief. Signed, James Knight, agent for the
petitioners. 23 pp. Endorsed, Delivered to Mr Knight, i June 1739. [CO 137/48, ff
55-5/d]

196 Governor William Mathew to Commissioners for Trade and Planta-
June 2 tions sending duplicates of three Acts passed in Nevis, duplicate

minutes of Council and Assembly of Montserrat for quarter ending 25
March last, and minutes of Council of St Christopher's to i March last. Signed, i small p.
Endorsed, Reed. 26 July, Read 31 August 1739. [CO 152/23, ff 227, 227d, 230, 23od]

197 Minutes of Trustees for Georgia. Received, by Rev Mr Burton, an
June 2 anonymous benefaction of io/ for maintenance of catechist in Georgia.

Palace Court Sealed granted of 500 acres of land in Georgia to Rev George Whitefield
for maintenance of orphan-house. Received, by Earl of Egmont, 400 copies of Church
Catechism, an anonymous benefaction. Entry, i p. [CO 5/687, p 120; entry of grant,
dated 2 June, in CO 5/670, pp 393-397]

198 Commissioners for Trade and Plantations to Duke of Newcastle
June 5 enclosing the following which is in usual form. Signed, Monson, E

Whitehall Ashe? j Brudenell) R pl um er. i p. Enclosed:

203] AMERICA AND WEST INDIES 1739 JI 3

198 i Draft of commission for Robert Byng to be governor of Barbados. 14 pp.
[CO 5/198, ff 98-1090!; entry in CO 29/16, pp 76-95; another entry of covering letter
of same date, possibly cancelled, at CO 29/16, p 75]

199 Minutes of Common Council of Georgia. Resolved: that William

June 6 Williamson be appointed recorder of Savannah in room of Thomas

Palace Court Christie; that Thomas Christie be appointed third bailiff of Savannah;

and that Thomas Jones be appointed overseer of the Trust's servants in the northern

division of Georgia. Resolved that John West have licence to dispose of his lot to such

person as Mr Stephens shall approve of and return home on account of sickness. Agreed

to a report that Robert Hows had surrendered his 5o-acre lot to the Trustees to be a part

of the 500 acres granted to Mr Whitefield. Read letter to Col Oglethorpe, which after

several alterations was approved to be sent. Entry, i? pp. [CO 5/690, pp 225-226]

200 James Abercromby to Harman Verelst acknowledging letter. The

June 6 people were conveyed immediately to Savannah to save expensive

maintenance at Charleston. Such commissions can be executed only by second hand and

must be paid for. Signed, i small p. Addressed. Endorsed, Reed. 13 July 1739, Answered

14 ditto. [CO 5/640, ff 32

201 Proposal for coining a new paper currency in South Carolina. To
[June 6] accomplish the plan land-titles must first be settled; to do so by

compulsion might cause disturbances. When titles have been settled an Act should be
passed to stamp 22Oooo/ of paper currency, the value thereof to be at the proclamation
standard and unvariable. Of this i2oooo/ would be exchanged for old bills and iooooo/
would be lent at eight per cent interest for twenty years on the security of land of double
the value of the sum lent. Interest and one twentieth of the principal to be repaid annually
in gold or silver; the interest to be applied to sinking the i2oooo/ of issued bills and the
principal to be lent out again. The whole 22OOOO/ to be sunk in twenty years. The British
merchants are against paper currency in any shape but this is no reason why Carolina
should not have one when it is next to impossible for the American people to trade
without it. Under this plan the bills would be more secure and more valuable than any
ever have been in America. Duties and taxes would then be a clear fund to defray the
expenses of government and to assist new settlers. 2 pp. Endorsed, (i) Delivered in at the
board by Governor Glen (2) Reed., Read 6 June 1739. [CO 5/367, ff 5~6d]

202 Duke of Newcastle to Commissioners for Trade and Plantations.
June 8 Prepare an instruction for Robert Byng, governor of Barbados, relating

to his appointments conformable to that prepared for late Viscount
Howe. Signed, Holies Newcastle. \ p. Endorsed, Reed. 11 June, Read 14 June 1739. [CO
28/25, # 84, 8 4 d, 88, 88d]

203 Thomas Hill to Francis Fane sending eight Acts passed in Jamaica in
June 8 j u ly j^S f or m ' s opinion thereon in point of law, viz Acts for building

barracks and cutting roads; for perpetuating such parts of the late
barracking laws as vested land in the Crown and for confirming titles; for forming free
Negroes, mulattos, and Indians into companies for destroying the rebellious Negroes; for
establishing free school in parish of Westmoreland and for enforcing the will of Thomas
Manning, deceased; for enabling the inhabitants of the parish of Westmoreland to
maintain a minister during the indisposition of mind of Rev John Dickson, present rector;

H4 STATE PAPERS COLONIAL [204

to entitle Susanna Angier, mulatto, of Kingston, and Mary and Frances Angier, her
children, to the same rights as English subjects born of white parents; to give the same
rights to Ann Dufresnay, free mulatto, wife of Samuel Dufresnay; to augment salary of
Governor Trelawny. Entry. 3 pp. [CO 138/18, pp 293-296]

204 Francis Fane to Commissioners for Trade and Plantations. I have
June 8 considered the case of Mr Hammerton relating to his claim of the office

of register of South Carolina; I think he is well entitled to it by virtue of his grant from the
Crown, and notwithstanding there does not appear to be any commission of register
granted by the Lords Proprietors till 1700, yet as the Acts of 1694 and 1698 have directed
what is to be done by such an officer I think it is very probable that such an officer was
appointed before or at the time those Acts were passed. I think therefore it appears to be
an ancient office and held and exercised by the secretary during the Lords Proprietors'
time, and by the Acts of 1694 and 1698 it was his duty to register all patents and grants for
lands, sales, conveyances and mortgages of lands and all other writings that were required
to be registered. By the grant of the Lords Proprietors to Mr Bertie in 1725, he is
empowered to do and perform not only the particular matters and things therein
mentioned but also all other acts usually done by the former secretaries. The present grant
to Mr Hammerton pursues the very words of Mr Bertie's grant as to the description of the
offices and empowers the grantee not only to do and perform the several matters and
things therein particularly specified but also all other acts usually done by the former
secretaries, and it appears by the papers referred to me that the whole business of register
and secretary was exercised by the secretary without any molestation from 1700 till Mr
Johnson was appointed in 1733. This being the case, I think Mr Hammerton is entitled to
hold and enjoy his grant in as full an extent as any of his predecessors have done in the
time of the Lords Proprietors. Signed. i\ pp. Endorsed, Reed., Read 8 June 1739. [CO
5/367, ff 9-iod]

205 Harman Verelst to James Oglethorpe by HMS Tartar, Capt Town-
June 11 shend, and the Two Brothers, Capt Thomson. On 29 April last the

Georgia Office Trustees received your letters dated 16 and 17 January by Capt
Thomson and on 14 May your letter dated 12 March by Capt Yeomans. As to Mr
Causton's behaviour the Trustees look upon it as very extraordinary and are much
dissatisfied therewith but hope his bail and effects may be sufficient to make good any
deficiency in his accounts and desire he may not be released until satisfaction be made for
what is charged upon him. The Trustees have received a long letter from Mr Causton
dated 14 January which they will answer by Capt Thomson who sails for Georgia soon
after Whitsuntide. The Trustees received two letters from Mr Jones dated 8 and 17 and 23
February wherein he writes that a balance is mentioned by Mr Causton as due to himself,
but the surcharges Mr Causton is undoubtedly answerable for the Trustees are well
satisfied will soon overbalance any cash stated to be paid by him more than he received,
he having nothing to the Trustees' knowledge to overpay with but what he received from
the Trust or produced therefrom; and the Trustees will write to Mr Jones by Capt
Thomson approving of his conduct and encouraging him to persevere in his duty.

The Trustees are obliged to you for discountenancing the attempt at Savannah for
creating new expenses, and on 1 8 April they received (by the hands of Mr Benjamin Ball
to whom it was transmitted by Mr Robert Williams) a copy of the representation
produced by the clamour of the inhabitants in that part of the province. Mr Williams is
not arrived to solicit it but his and all other solicitations for complying therewith will be
fruitless, the Trustees being determined not to grant an absolute fee simple in the tenure

205] AMERICA AND WEST INDIES 1/39 "5

of lands in Georgia nor any use of Negroes there; and in order to put a stop to all future
applications of this nature a full answer to this representation will be sent over by Capt
Thomson for the magistrates to acquaint all the inhabitants therewith. The petition from
the people of Darien and the evidence of white men's capacity for labour which you sent
over are much approved of by the Trustees and they are very well pleased with your
observations relating to the use of Negroes. The Trustees hope that their answer to this
representation will clear the province of those inhabitants who have been and resolve still
to continue idle and will encourage the industrious to pursue their labour and reap the
happy fruits thereof.

The Trustees have received your account of the presents which you gave to the
Indians on their account and of cash advanced for the Trust; that part whereof which you
gave the Indians out of goods of your own which you carried over from England being
not valued by you, the Trustees have rated them at the same prices they have paid to
others for goods of the like nature and find that they amount to 6^1 145 6d, and the other
part of your account which you have advanced for the Trust amounting to 93/ 145 6d, and
making together 157/155, the Trustees have therefore ordered fifteen tons of strong beer
in barrels to be bought and sent you by the Two Brothers and the freight thereof to be also
paid by them and have directed the amount to be charged as a payment to you on account
of the above particulars which they appeared debtor to you for. Your agreement for
building a chapel at Frederica the Trustees approve of and hope it will be finished with
expedition, the bricklayers' work thereof amounting to 4// os 6d besides the 30000 bricks
and carpenters' work thereof amounting to 50/5 and the Trustees desire that there may be
no pews but for the minister and the magistracy and the rest to be benches as is at
Tonbridge chapel, which will be more capacious and less subject to disputes for places;
and they desire that the house for the minister at Frederica may be also built with
expedition.

Mr Causton's certificate to Robert Williams will come before the commissioners for
examining and stating in Georgia the public debts, the Trustees having sent over a copy of
it for that purpose, the original thereof amounting to 58/7 135 having been demanded
payment of here but refused until examined and stated in Georgia. The Trustees received
by Capt Hugh Mackay Lieut-Col Cochran's accounts with the store, the one making him
debtor for your regiment 8307 125 ^d and the other making him debtor on his own
account IO5/ os i id, which together amounts to 93 5/ 135 3^, the same which you mention
in your letter. In the account of iO5/ os nd a credit is entered to be given to the
lieut-colonel of 1987 for n pipes of wine at i8/ each received of him into the Trustees'
store. The Trustees are much obliged to you for your kind assistance in risking your own
money for the support of the colony during the uncertain state of their affairs and will
readily reimburse you what shall appear due upon the examination of the account when it
arrives, but the Trustees hope there will never be any other occasion for exposing any of
their friends to the like hazard; and as Capt Thomson will scarcely reach Georgia till
within a month of Michaelmas the Trustees have computed on your continuing to pay the
expenses of the colony till that time not exceeding 25007 for six months, whereon by
comparing with the amount for the past expenses you have defrayed they hope a saving
will be, for they are careful to make this year's grant to last as long as possible,
apprehending that no further supply will be obtained. And the Trustees when they
receive your subsequent account of the expenses of the colony to Michaelmas next will
thankfully reimburse you what shall appear due upon the examination thereof when it
arrives. The Trustees have settled an estimate of the expenses of the colony to commence
at Michaelmas next and will send the same by Capt Thomson with sola bills and halfpence
to defray part thereof and will continue to send more sola bills and halfpence by other

Il6 STATE PAPERS COLONIAL [206

ships for the residue within proper times; and the Trustees resolving to have no store, all
their payments for salaries, allowances, or maintenance and clothing of servants will be
made in ready money: the menservants at Sd a day each, the women at 6d a day each, and
the children above six years old at \d a day each one with another (those under six years
old their parents being to maintain). Overseers are to be appointed to task their weekly
labour and they are to be paid weekly at the above rates to find themselves with
provisions and clothing if they perform their taskwork, and if not to be paid in
proportion to the work they have done.

The Trustees are pleased with the relation you give them of the silk and wine and hope
they will succeed to answer the expectations of the public for the great charges they have
been at in settling and supporting the colony. The Trustees are very glad Mr Thomas
Jenys has the same warm inclination to Georgia as his late brother had. As to his account
with the Trust, it was want of the account of the duty on rum he received which
occasioned the Trustees not to settle for payment the certified account sent over to them,
but when that is received and the Trustees' letter to him answered (which by your letter
may be soon expected) all possible dispatch will be given to the payment of what shall
appear due. Mr Whitefield left London last Monday in his way to Philadelphia, thence to
Virginia, and so to Georgia. He collected here towards building an orphan-house at
Savannah in Georgia and cultivating 500 acres of land for the use thereof and maintaining
the orphans 966/5 towards building a place of worship for the Salzburghers /6/, and for
the poor in general i48/: all which he has taken over with him to apply for the said several
purposes and amount together to i iyol as by his letter to the accountant dated 4th instant.
One Mr Seward goes with him with his own money to go on with the settling the
orphan-house, and Mr Whitefield has agreed to officiate at Savannah without any expense
to the Trustees, wherefore on his arrival Mr Norris is directed to officiate at Frederica. PS.
Before this letter was sealed the accounts and letter from the executors of the late Mr
Jenys were received which will be laid before the first Common Council. Entry. 35 pp.
[CO 5/667, pp 238-241]

206 Order of King in Council approving Act passed in New York in 1737
June 12 f or confirming exchange of lands in Oyster Bay between Sampson

Kensington Hawxhurst and John Pratt deceased. Copy, certified by W Sharpe. i p.
Endorsed, Reed. 22 September, Read 16 October 1740. [CO 5/1059, ff 143-1440!]

207 Same approving draft commission to Robert Byng to be governor of
June 12 Barbados. Copy, certified by W Sharpe. i p. Endorsed, Reed. 22

September, Read 16 October 1740. [CO 28/25, # '59> '59^ 162, i62d]

208 Same, on report from Committee for Plantation Affairs, appointing
June 12 James Murray to be of the Council in North Carolina in the room of

Kensington Ed mun d Porter, deceased. Copy, certified by W Sharpe. ii pp.
Endorsed, Reed. 22 September, Read 16 October 1740. [CO 5/296, ff 9~iod]

209 Same, on report from Committee for Plantation Affairs, approving
June 12 draft commission to James Glen to be governor of South Carolina in

Kensington same style as commissions to former governors notwithstanding Mr
Oglethorpe's commission to be general of the forces in South Carolina and Georgia. Mr
Glen is accordingly commissioned captain- (not lieutenant-) general, being the usual
style. Seal. Signed, W Sharpe. 25 pp. Enclosed:

209 i Draft commission to James Glen. 20 pp. [CO 5/198, ff 38-5 id; copy of
Order, endorsed Reed. 22 September, Read 16 October 1740, in CO 5/368, ff 29~3od]

215] AMERICA AND WEST INDIES 1739 11 7

210 Same approving draft commission for Henry Medley, commander of

June 12 HMS Romney, to be governor of Newfoundland. Seal. Signed, W
Kensington sharpe t p Enclosed:

210 i Draft of commission to Henry Medley. 5? pp. [CO 5/198, ff n-i/d; copy,
endorsed Reed. 22 September, Read 16 October 1740, in CO 194/11, ff 3, 3d, 6, 6d]

211 Same approving draft instructions to same. Seal. Signed, W Sharpe. i p.
June 12 Enclosed:

Kensington

211 i Draft instructions to Henry Medley, governor of Newfoundland. 33 pp.
[CO 5/198, ff i8~37d; copy of Order, endorsed Reed. 22 September, Read 16 October
1740, in CO 194/11, ff 4-5 d]

212 Minutes of Trustees for Georgia. Received receipt from the bank for

June 13 Z 8 7 / 45 id paid in by Aid Heathcote. Entry. 2 p. [CO 5/687, p 121]

Palace Court

213 Order of Committee of Council for Plantation Affairs referring the
June 14 enclosed to Commissioners for Trade and Plantations. Seal. Signed, W

Sharpe. i p. Endorsed, Reed. 19 June, Read 20 June 1739. Enclosed:
213 i Petition of Andrew Lesly and eleven others of Antigua to the King praying
for disallowance of an Act lately passed in Antigua to reduce the rate of interest from
ten per cent to six. Signed, for the petitioners, Ferdinand John Paris. 15 pp. [CO

152/23, ff 22I-222d,

214 Warrant to Governor William Mathew to admit Benjamin King to be of

June 15 trie Council in Antigua. Entry, f p. [CO 324/37, pp 128-129]
Kensington

215 Duke of Newcastle to Governor Edward Trelawny, President James
June 15 Dottin, Governor William Mathew, Governor Alured Popple,

\Y/U ' U 1 1

Governor John Tinker, Governor Jonathan Belcher, Governor Richard
Philipps, Lieut-Governor George Clarke, Governor Lewis Morris, Lieut-Governor
William Gooch (with addition), Lieut-Governor William Bull (with addition), Governor
Gabriel Johnston, Deputy Governor Samuel Ogle, Deputy Governor George Thomas,
Governor Henry Medley, Governor and Company of Rhode Island, Governor and
Company of Connecticut (Circular). As it was stipulated by the convention concluded
between HM and the King of Spain on 14 January last (NS) that the sum of 95ooo/ sterling
should be paid at London within the term of four months to be reckoned from the day of
the exchange of the ratifications of the said convention, as a balance due on the part of
Spain to the Crown and subjects of Great Britain; and as the said term of four months
from the exchange of the ratifications of the said convention did expire on 2 5 May last and
the payment of the said sum of 95ooo/ sterling agreed by the said convention has not been
made according to the stipulation for that purpose, by which means the convention
abovementioned has been manifestly violated and broke and HM's subjects remain
without any satisfaction or reparation for the many great and grievous losses sustained by
them, HM has thought himself obliged to take such measures on his part as are necessary
for the support of the honour and dignity of his Crown, the security of the just rights of
his subjects, and the good and safety of his dominions, and has therefore ordered the ships
and effects of the King of Spain and his subjects to be seized and taken wherever they shall

Il8 STATE PAPERS COLONIAL [215

be met with: with which I am commanded to acquaint you, that you may cause the same
to be made known in all places under your government to the end that HM's subjects in
those parts may be upon their guard to prevent any mischief they might otherwise suffer
from the Spaniards in revenge for the measures which HM is obliged to take to do himself
and his subjects justice, and that they may in their several stations annoy the subjects of
Spain in the best manner they are able.

And I send you herewith by the King's order HM's warrant under his royal sign
manual authorizing and empowering you to grant commissions of marque and reprisal
for fitting out private ships of war against the ships, goods and subjects of the King of
Spain, and it is HM's pleasure that you should be very rigorous and severe in preventing
any ammunition or stores of any kind from being carried to the Spaniards and you are to
use all proper methods that may be most effectual for this purpose.

Addition to Lieut-Governor Gooch: As HM thinks the Spaniards may possibly make
some attempt upon Georgia it is HM's pleasure that, if you should be acquainted by Mr
Oglethorpe that he has received certain intelligence that an attempt is designed to be made
by the Spaniards against Georgia, you should in that case give him all the assistance that
may be in your power for the defence of that colony.

Addition to Lieut-Governor Bull: As the King thinks the Spaniards may possibly
make some attempt upon Carolina or Georgia HM has been pleased to order a sufficient
number of ships for the defence of those colonies. You will therefore, should you
discover that any preparations are making by the Spaniards for that purpose, give
forthwith notice thereof to the commanders of such of HM's ships as may be nearest to
you, that they may come to your assistance. And it is HM's pleasure that, if you should
be acquainted by Mr Oglethorpe that he has received certain intelligence that an attempt
is designed to be made against Georgia, you should in that case given him all the assistance
that may be in your power for the defence of that colony. Entry. 8 pp. Enclosed:

215 i Kensington, 15 June 1739. Royal warrant to same. Whereas several unjust
seizures have been made and depredations carried on in the West Indies by Spanish
guardacostas and ships acting under the commission of the King of Spain or his
governors, contrary to the treaties subsisting between us and the Crown of Spain and
to the law of nations, to the great prejudice of the lawful trade and commerce of our
subjects, and many cruelties and barbarities have been exercised on the persons of
such of our subjects whose vessels have been so seized by the said Spanish
guardacostas; and whereas frequent complaint has been made to the court of Spain of
these unjust practices and no satisfaction or redress been procured; and whereas a
convention for making reparation to our subjects for the losses sustained by them on
account of the unjust seizures and captures abovementioned was concluded between
us and the King of Spain on 14 January last (NS), by which convention it was
stipulated that a certain sum of money should be paid at London within a term
specified in the said convention as a balance due on the part of Spain to the Crown and
subjects of Great Britain, which term did expire on 25 May last and the payment of the
said sum agreed by the said convention has not been made according to the stipulation
for that purpose, by which means the convention abovementioned has been manifest-
ly violated and broke by the King of Spain and our subjects remain without any
satisfaction or reparation for the many great and grievous losses sustained by them:
we have thought fit, for the vindicating of the honour of our Crown and for procuring
reparation and satisfaction for our injured subjects, to order reprisals to be made upon
the Crown and subjects of Spain, and we do therefore by virtue of these presents
authorize and empower you to issue forth and grant commissions of marque and
reprisals to any of our loving subjects or others who shall apply to you for the same

2I/] AMERICA AND WEST INDIES 1739 I1 9

and whom you shall deem fitly qualified in that behalf for arming and fitting out
private ships of war for the apprehending, seizing and taking the ships, vessels and
goods belonging to the King of Spain, his vassals and subjects, or any inhabiting
within his countries, territories and dominions in the West Indies, provided always
that before any such commission or commissions be issued forth security be given
upon every such commission as hath been used in such cases, and you shall insert in
every commission to be granted by you all such clauses and give such directions and
instructions to the person or persons to whom you shall grant such commission as
have been usual in cases of the like nature, and for so doing this shall be your warrant.
Entry, j pp. [CO 324/37, pp 131-145; draft of addition to Bull in CO 5/388, ff
i62-i63d; copy of no i, endorsed North Carolina, in CO 5/306, ff I3

216 Duke of Newcastle to James Oglethorpe. Same as first paragraph of no
June 15 215. And you will put yourself into as good a posture of defence as

possible to oppose any attempts that may be made against Georgia by
the Spaniards, taking care to get the earliest intelligence you can of their designs. And as
the King thinks they may possibly make some attempt upon Georgia or Carolina HM has
been pleased to order a sufficient number of his ships for the defence of those colonies.
You will therefore, should you discover that any preparations are making by the
Spaniards for that purpose, give forthwith notice thereof to the commander of such of
HM's ships as may be nearest to you that they may come to your assistance, and you will
likewise at the same time acquaint the governors of Virginia and Carolina therewith, who
have HM's directions to give you any assistance that may be in their power. Draft. 4 pp.
[CO 5/388, ff i6o-i6id; entry in CO 324/37, pp 146-148]

217 Same to Governor Edward Trelawny (Private) acknowledging several
June 15 letters. I can assure you of HM's entire approbation of your zeal and

attention to his service and of your care for the good of the island under
your government. I cannot but particularly congratulate you upon the good success that
you have had in reducing the rebellious Negroes to reasonable terms, of which you give
an account in your last despatch. The manner in which the Council and the House of
Representatives of Jamaica express themselves in their several addresses to you upon this
subject is an evident proof of the importance of this service, and indeed it seems (in the
present conjuncture especially) it may be attended with great advantage to the public. You
will see by my other despatch which you will receive herewith that the behaviour of the
Court of Spain in so notoriously breaking the late convention by the non-payment of the
95000/ has opened a new scene of affairs and obliged HM to take new measures for doing
himself and the nation justice. In these circumstances I need use no arguments to convince
you how necessary it will be for you to be always upon your guard against any attempt
that may be made upon you by the Spaniards; and I doubt not but you will in your
station exert your utmost endeavours to execute the King's orders to you upon this
occasion in such a manner as may be for your own reputation and the good of the service
in general. The people of Jamaica in particular and all the sugar colonies in general cannot
but be convinced of the attention that the legislature have showed to their interests in
passing an Act this session of Parliament for the exportation of sugars directly to foreign
markets. I was hearty in my wishes and endeavours for the good success of this bill whilst
it was depending and hope it will be attended with all the good consequences that can be
expected from it. As for what more particularly relates to yourself, I mean your
application that the independent companies at Jamaica may be formed into a regiment of
which you hope in that case HM would be pleased to give you the command, as this point

120 STATE PAPERS COLONIAL [218

has not yet been considered I can only assure you that as no one can wish you better than
I do I shall at all times be ready to join with your friends in forwarding as far as lies in my
power the success of any request that you make. PS. I doubt not but you will do your best
to revenge the injuries your countrymen have suffered from the Spaniards now that you
have full power and liberty to do it. My brother sends you his compliments and best
wishes. Pray, mine to Dr Wigan. Draft. 4 pp. [CO 137/56, ff 2 19-22 id]

218 Same to Commissioners for Trade and Plantations enclosing the

June 15 following. You are to lay before the Houses of Lords and Commons

\ Y/L 'ill

next session the accounts desired; and in case you should not have

already received such accounts from the colonies you should endeavour to procure them.

Signed, Holies Newcastle, i p. Endorsed, Reed. 16 June, Read 20 June 1739. Enclosed:

218 i Resolution, dated 13 June 1739, of House of Lords requesting account of

what rates all gold and silver coins were purchased at and sold for per oz in the British

colonies in 1700, 1710, 1720, 1730, and at this time. Copy. Signatory, William Cowper,

Parliamentor. i p.

218 ii Resolution, dated 13 June 1739, of House of Lords requesting an account
of the amount of paper bills of credit subsisting in the colonies in 1 700 and what has
been created since 1 700, with the amount of the value in money of Great Britain and
what provision has been made for sinking the said bills, the amount sunk, and the bills
passing in payment at this time. Copy. Signatory, as no 2i8i. 12 pp.

218 iii Resolutions, dated 13 June 1739, of House of Commons to same effect as
nos 2i8i and 2i8ii. Copy. Signatory, N Hardinge, Clerk of House of Commons, i p.
[CO 323/10, ff I5o-i53d, 155]

219 Lieut-Governor George Clarke to Duke of Newcastle. A few days ago
June 15 i received a letter from the commissioners for Indian affairs at Albany, a

New York copy whereof I send you wherein you may observe, if the intelligence
be true, that the French are going to settle on Wood Creek which lies between a fort they
lately built at Crown Point and Albany. Whereupon I wrote to the commissioners, a copy
of which letter I likewise send you; but as I do not conceive that anything I can represent
to the French will divert them from making those settlements if they really intend to make
them, I thought it my duty to inform you of it. The lands whereon the French propose to
settle were purchased from the Indian proprietors (who have all along been subject to and
under the protection of the Crown of England) by one Godfrey Dellius and granted to
him by patent under the seal of this province in 1696, which grant was afterwards
resumed by Act of Assembly whereby they became vested in the Crown. On part of these
lands I proposed to settle some Scotch Highland families who came hither last year, and
they would have been now actually settled there if the Assembly would have assisted
them, for they are poor and want help. However, as I have promised to give them lands
gratis, some of them about three weeks ago went to view that part of the country, and if
they like the lands I hope they will accept of my offer (if the report of the French designs
do not discourage them), depending upon the voluntary assistance of the people of
Albany whose more immediate interest it is to encourage their settlement in that part of
the country. About three weeks ago I sent to the Lords of Trade a map wherein the
French fort at Crown Point was laid down. It was the only one I had nor can I get
another. If that arrives safe, as I hope it will, and you will order it to be laid before you,
you will have a clearer view of its situation than I can otherwise give. Signed. 2 small pp.
Endorsed, R, 20 August. Enclosed:

219 i New York, 14 June 1739. Same to commissioners for Indian affairs. I have

220] AMERICA AND WEST INDIES 1/39 121

your letter of the /th instant wherein you inform me that the Intendant, with forty
bateaux and four Frenchmen in each bateau, was going from Canada to Crown Point
in order to settle some French families along Wood Creek. I would by any means
prevent them, and at present I know none better than that you send a man or two to
take a formal possession of those lands by making a hut and erecting a flag thereon,
instructing them if any of the French come thither to inform them that those lands
belong to the King of Great Britain, that they were above forty years ago purchased
from the Indians by HM's subjects and granted to them, and to forbid the French to
make any settlements thereon, representing to them that if they make any such
attempt it would be an open infraction of the treaties subsisting between the two
Crowns. And that this opposition may have the greater weight you will do well to call
the sachems or principal rulers of the Indians together and acquaint them with the
steps the French are taking, and to make them sensible that if they succeed in making
those settlements they will be in danger of being dispossessed by them of all the lands
they now claim, it being the custom of the French to take that by force which we
purchase from them for valuable considerations. Having thus made the Indians
sensible of the ill consequences that will attend them from this encroachment of the
French, you are to induce them to go to Crown Point or where else the command
officer of the French should be, and in the name of their whole nation to forbid them
to make any settlement on those or any other of their lands. I leave it to you to give
what further instructions (to the men you send to take possession) you think may
most effectually answer the end proposed. Signed. Copy, if small pp.

219 ii Albany, 7 June 1739. Commissioners for Indian affairs to Lieut-Governor
Clarke. We are informed by an Indian who came hither from Canada that the
Intendant, with thirty bateaux with four Frenchmen in each, was going to Crown
Point and from thence designed to go to settle sundry French families on land along
Wood Creek, being the same where you intended to place the Scotch Highlanders. We
thought it our duty to send an express to go up as far as the fork where Fort Anne was,
where we are told that Leber and some other French are now. If this report be true,
which we are of opinion will prove so, we should be glad to know your pleasure what
must be done in case the French attempt to settle those lands and encroach so far on
HM's empire in taking possession of his frontiers in these parts. As soon as our
messenger returns we shall acquaint you with his report. Copy. Signatories, Philip
Livingston, Edward Clarke, Edward Holland, Dirck Ten Broeck. i small p. [CO
5/1094, ff I04-io9d]

220 Lieut-Governor George Clarke to Commissioners for Trade and
June 15 Plantations sending copy of a letter received from the commissioners

New York Qr j n ji an a ff a j rs w i tn an swer. The lands that the French talk of settling
were purchased from the Indians and granted by patent under the seal of this province in
1696 to one Godfrey Dellius, which was afterwards resumed by Act of Assembly
whereby they became vested in the Crown. And I presume to hope upon a representation
of the matter at the court of France that orders will be given to the governor of Canada
not to make any settlement on this side of the lake. These lands you will perceive by the
map I sent you lie between the French fort at Crown Point and Albany where I intend to
settle some Scotch Highland families who came hither last year, having promised to give
them lands gratis. Some of them went about three weeks ago to view the lands but are not
yet returned, but I doubt when they are informed of the designs of the French they will be
discouraged. It is the interest of the province in general, and more particularly of the
people of Albany, to encourage those Scotch to settle there by giving them some

122 STATE PAPERS COLONIAL [221

assistance for they are very poor; yet I find no disposition in the Assembly to do it. What
the people of Albany will do by a voluntary contribution is yet uncertain. I write to the
Duke of Newcastle mentioning to him the map I sent you whereby he will see the
situation of Wood Creek. I hope you will take the matter into your consideration and
give me directions how to act herein. The only information the commissioners for Indian
affairs have at present is from an Indian and such intelligence is not always to be depended
on. However, as there is some probability that the French will now or soon make such an
attempt I thought it my duty to lay this before you. Signed. 15 small pp. Endorsed, Reed.
i August, Read 3 August 1739. Enclosed:

220 i Albany, 7 June 1739. Commissioners for Indian affairs to Lieut-Governor

Clarke. Copy of no 2i9ii. i small p.

220 ii New York, 14 June 1739. Lieut-Governor Clarke to commissioners for

Indian affairs. Copy of no 2i9i. if small pp. [CO 5/1059, ff iO

221 Order of Committee of Council for Plantation Affairs referring eight
June 18 Acts passed in Pennsylvania to Commissioners for Trade and Planta-

tions for report. Seal. Signed, W Sharpe. \ p. Endorsed, Reed. 23 June,
Read 27 June 1739. [CO 5/1269, ff 55~56d]

222 Same directing Commissioners for Trade and Plantations to write to the
June 18 commander-in-chief of South Carolina requiring him strictly to adhere

to his instructions in the manner of granting lands. Seal. Signed, W
Sharpe. \ p. Endorsed, Reed., Read 21 June 1739. [CO 5/367, ff 30-3 id]

223 Governor Edward Trelawny to Duke of Newcastle notifying death of
June 18 Mr Mill, receiver-general. In case HM thinks fit to grant a new patent I
Jamaica recommend John Stewart, lieut-governor, to succeed him as a gentle-

man of know integrity and ability that will give entire satisfaction to the whole island. I
could wish this office might not be for life. As the whole money of the island passes
through his hands it would be better that such an officer might be dependent; but if HM
does grant it for life he cannot do it to a worthier person than Mr Stewart. Signed, ii pp.
Endorsed, R, 8 September. [CO 137/56, ff 234-

224 Gen James Oglethorpe to Duke of Newcastle. Though I have nothing

June 18 new to aquaint you I would not omit writing. The Spaniards are quiet:

they have made several attempts to gain the Creek Indians from us but

the chiefs of that nation who were in England are so grateful for the gracious reception

HM gave them that I am persuaded the nation will continue fixed in their fidelity to HM

notwithstanding all the endeavours the Spaniards have used, both by gifts and threats, to

animate them against the English. Signed. 15 pp. Endorsed, R, 1 1 October. [CO 5/654, ff

2 1 3-

225 Hugh Mackay to Harman Verelst urging the need to keep up the

June 19 scoutboats at Amelia and St Andrews. The more such boats the

Johnson's Court Trustees have the safer the colony will be. Signed. 15 pp. Annotated,

Georgia scoutboat consists of patroon and 10 men and provisions for them, 258/ 1 55 id 8

hands for boat at St Andrews for provisions and shoes at 6l each, 48/ Addressed. [CO

5/640, ff 32

229] AMERICA AND WEST INDIES 1739 I2 3

226 Josiah Willard to Thomas Hill. I have sent you by Delight via Bristol

June 20 the public papers of Massachusetts for half-year ending in February
last, also minutes of Council and Assembly. Signed. 5 small p.
Endorsed, Reed. 8 August, Read 29 August 1739. Enclosed:

226 i Account of William Foye, treasurer and receiver-general of HM's revenue
in Massachusetts, 25 May 1737 to 25 May 1738. Copy, examined on 25 May 1739 by J
Willard. 232 pp.

226 ii Abstract of foregoing account in bills of new and old tenor. Copy,
examined as no 226i. i p. [CO 5/881, ff n6-ii7d,

227 Minutes of Common Council of Georgia. Resolved that one of the best
June 20 forfeited lots at Savannah be granted to Thomas Jones ; that Henry

Palace Court p ar k er b e removed from being first bailiff of Savannah and Thomas
Christie appointed in his room. Seal to be affixed to appointments of William Williamson,
Thomas Christie, John Fallowfield and Thomas Jones. Resolved that the sum of 2587 1 55
id be inserted in the estimate for 1739-1740 for a scoutboat and 48/ for a boat at St
Andrews. Resolved that 2oo/ be paid to Col Oglethorpe for bill he took up from Mr
Jenys. Bill for 6$6l 175 }d to executors of late Paul Jenys referred to committee of
accounts. Samuel Davison appointed overseer of Trust's servants in southern parts of
Georgia. Mr Holland and the accountant reported the Trust's present financial state.
Ordered that 2 tons of halfpence be sent to Georgia and that iooo/ be paid to Aid
Heathcote to be accounted for; signed draft on the bank for same. Petition and memorial
of Capt William Thomson were read concerning account certified by Thomas Causton
and the disposal of German servants in Georgia; referred to commissioners in Georgia
and committee of accounts. Resolved that the supply by Col Oglethorpe to William
Stephens be not accounted part of the jo/ ordered to be paid to him; and that z$l be paid
him before the estimate takes place. Resolved that Peter Emery be appointed pilot at
Tybee. Entry. 6i pp. [CO 5/690, pp 227-233]

228 Minutes of Trustees for Georgia. Ordered secretary to sign a memorial
June 20 to Lords of Treasury desiring issue of the 2oooo/ granted in last session

Palace Court Q p ar lj ament f or further settling Georgia. Petition to the King for
licence for Two Brothers, William Thomson, to sail, ordered to be sealed. Read
instructions to magistrates of Savannah with answer to complaint about tenure of lands.
Received large Common Prayer Book for use of minister at Frederica, benefaction of Dr
Hales. Entry, if pp. [CO 5/687, pp 122-123; entry of memorial and petition, both dated
20 June, in CO 5/670, p 398]

229 Trustees for Georgia to Magistrates of Savannah. The Trustees have
June 20 received by the hands of Benjamin Ball of London, merchant, an

attested copy of a representation signed by you the magistrates and many of the
inhabitants of Savannah on 9 December last for altering the tenure of the lands and
introducing Negroes into the province, transmitted from thence by Robert Williams. The
Trustees are not surprised to find unwary people drawn in by crafty men to join in a
design of extorting by clamour from the Trustees an alteration in the fundamental laws
framed for the preservation of the people from those very designs. But the Trustees
cannot but express their astonishment that you, the magistrates appointed by them to be
guardians of the people by putting those laws in execution, should so far forget your duty
as to put yourselves at the head of this attempt. However, they direct you to give the
complainants this answer from the Trustees: that they should deem themselves very unfit

124 STATE PAPERS COLONIAL [230

for the trust reposed in them by HM on their behalf if they could be prevailed upon by
such an irrational attempt to give up a constitution framed with the greatest caution for
the preservation of liberty and property and of which the laws against the use of slaves
and for the entail of lands are the surest foundations. And the Trustees are the more
confirmed in their opinion of the unreasonableness of this demand, that they have
received petitions from the Darien and other parts of the province representing the
inconveniences and dangers which must arise to the good people of the province from the
introduction of Negroes. And as the Trustees themselves are fully convinced that, besides
the hazard attending of that introduction, it would destroy all industry among the white
inhabitants and that by giving them a power to alien their lands the colony would soon be
too like its neighbours, void of white inhabitants, filled with blacks, and reduced to be the
precarious property of a few, equally exposed to domestic treachery and foreign invasion,
and therefore the Trustees cannot be supposed to be in any disposition of granting this
request. And if they have not before this signified their dislike of it their delay is to be
imputed to no other motive but the hopes they had conceived that time and experience
would bring the complainants to a better mind. And the Trustees readily join issue with
them in their appeal to posterity who shall judge between them who were their best
friends: those who endeavoured to preserve for them a property in their lands by tying up
the hands of their unthrifty proprietors, or they who wanted a power to mortgage or alien
them; who were the best friends to the colony, those who with great labour and cost had
endeavoured to form a colony of HM's subjects and persecuted Protestants from other
parts of Europe, had placed them on a fruitful soil and strove to secure them in their
possessions by those arts which naturally tend to keep the colony full of useful and
industrious people, capable both to cultivate and defend it; or those who, to gratify the
greedy and ambitious view of a few Negro-merchants, would put it into their power to
become sole owners of the province by introducing their baneful commodity which it is
well known by sad experience has brought our neighbours' colonies to the brink of ruin
by driving out their white inhabitants who were their glory and strength to make room
for blacks who are now become the terror of their unadvised masters. Entry, i? pp. [CO
5/670, pp 403-404]

230 Commissioners for Trade and Plantations to President William Bull.
June 22 Th e Committee of Council, being informed that the instructions given

\Y/U" U II

to the governor of South Carolina relating to his making grants of lands
in the province have not been strictly observed, have ordered us to write to you, the
present commander-in-chief of that province, to require you strictly to adhere to your
instructions in the manner of granting lands and to take care that no other surveys be
made than such as are pursuant to the orders and instructions given by HM. Entry.
Signatories, Monson, Edward Ashe, M Bladen, R Plumer, i p. [CO 5/401, pp 328-329]

231 Harman Verelst to Capt Townshend sending packet to be delivered to

June 22 Georgia, if possible; if not, to South Carolina. Entry. \ p. [CO 5/667, p
Georgia Office I -i

232 Same to Peter Stone sending packet to be put on board HMS Tartar.

June 22 Expenses will be paid. Entry. \ p. [CO 5/667, p 242]
Georgia Office

233 Benjamin Martyn to Rev George Whitefield. The Trustees have no
June 22 doubt but your zeal for instructing the poor people at Savannah will

Georgia Office p rom pt you to take the first opportunity of returning to them,

234] AMERICA AND WEST INDIES 1/39 125

especially since the southern part of the province is and will be without a minister till your
arrival there, Mr Norris being detained at Savannah during your absence. They have
therefore ordered me to acquaint you that the Two Brothers, Capt Thomson, having
obtained a licence, will sail from the river next Wednesday or Thursday, and the ship in
which are your things lies alongside of the Two Brothers. It is very uncertain when the
embargo will be taken off and there is no appearance of your ship's being in any
forwardness. Entry. % p. [CO 5/667, p 242]

234 William Stephens to Harman Verelst. Your favour of 1 5 February came

June 22 to m y hands here 6th inst and not sooner as you will find it particularly
an noted in my journal of that day to which I refer. Copy of the minutes

on Mr Cooksey's petition which was enclosed I observe duly and it will at any time be a
rule whenever occasion may require it. The letters enclosed I dispatched forward to the
general the next day which is all that I apprehend needful to be said in answer, only I must
not forget to desire you will do me the friendly office of returning my humble thanks to
the Trustees for their kind disposition to gratify the request I made them concerning
Joseph Watson's land which at present I ask leave to waive saying more of till I have
spoke with the general again and can learn whether or not I may depend on that land
which was partly fixed on the last time I saw him at the mouth of Vernon River, as you
may find the particulars of what passed there in my notes of 19 April. I hope I shall not
fall between two stools. I am next to acknowledge the receipt of that packet which came
by Capt Shubrick and was brought from Frederica by Messrs Norris and Brownfield who
returned thence together and put it into my hands on loth inst, wherein I found divers
letters for several people in these parts which proper care was taken of. And then I also
met with yours of 3 March signifying to me the pleasure of the Trustees especially relating
to the issuing of 5OO/ in sola bills by Messrs Causton, Parker and myself or any two of us,
with particular orders that Mr Parker and I should make out an account showing to
whom and for what services each respective issue is made of the 5oo/ agreeable to the
aforesaid directions, which account he and I are to send to the Trust signed by both of us
together with a list of the bills so issued in order to be discharged therefrom; and likewise
in the same manner the issuing jiol by Messrs Jones, Parker and myself together with the
produce of 1 5 tuns of beer two of us three are to account for to the Trustees and show
thereby in what services agreeable to the foregoing instructions the produce of the beer
and said bills have been applied. From all this put together I was led to think that
something was required of those who signed the said bills that deserved their further
particular care as they were to be accountable, but from what Parker tells me Mr Jones
said to him I am informed nothing is expected from him and me than to sign to the issuing
of them and the rest Mr Jones is to take on himself: which answer Mr Parker was not so
well satisfied with as to persuade himself to meddle rashly in a matter of so great
consequence without being better advised. And as to myself no question has yet been
asked me about it nor (possibly) every may; if not I shall have no cause of being
displeased nor give any occasion I hope of displeasure to anyone else, which I fear might
be the case if I should refuse signing those bills or sign them without further regard to
what uses they were issued. I cannot avoid saying that so difficult a piece of conduct is a
little too abstruse for my simple unwariness to get through without great hazard of blame
which I would most gladly avoid. It will appear too plainly by my journal what steps have
been taken by a person to render my service suspected, whom I never to my knowledge
provoked to use me or mine ill by any unfair action or show of disregard; on the contrary
I have never failed to behave with a friendly familiarity towards him, sought all occasions
of conference for promoting those ends we came here for, and whenever he pleased to ask

126 STATE PAPERS COLONIAL [235

my attendance on any business I am sure he never sent to me in vain. But in that, for a
while past, he spares me or himself any trouble, for ever since that memorable day of 2ist
ult, when he found himself deflated in fixing so vile a crime on my son which it behoved
me to see thoroughly canvassed, he will hardly vouchsafe to take any notice of what I say
to him nor has he in return to many neighbourly visits I made him (intending thereby to
wipe out all remembrance of what was past) once set foot within my doors but by all
outward carriage appears determined to keep me at a distance, nor should I intrude where
I find I am no longer welcome. I am very sensible it is with good reason expected that I
and everyone else who act in behalf of the Trust should contribute all we can to
countenance and support Mr Jones in carrying on the affair he has committed to his
charge and I can take to myself the satisfaction to say with a good conscience that I have
to my utmost endeavoured to discharge my duty in so doing; but his unhappy temper will
not allow him to look upon anybody (howsoever well inclined) without jealousy and
suspicion of ill designs, and who knows how far that may carry him into secret
accusations? to which, if we add that haughty and morose carriage, it cannot be wondered
at if people on the other side look on him with less respect than otherwise might be due.
Pardon me, sir, for this freedom I take in the fullness of my heart to give a short sketch of
the present situation I am in, not desiring to exhibit a charge against one man nor to give
any disturbance in the present course of business which I well know is of the greatest
consequence. My meaning only is that when I see an angry man brandishing weapons I
think it time to look about in my own defence. But enough of that.

What further relates to myself as to my future support here, I have in some of my
former letters given you sufficient trouble not to enlarge upon the same again now, not
doubting but the honourable gentlemen whom I have so hearty a desire to serve
effectually to good purpose have ere this time thought it worth consideration so as to
enable me to perform it. My son is preparing for his voyage to England in pursuance of
what I wrote in my last of i9th ult and for the reasons then given. I hope he may by good
providence arrive there in September, and if he shall be thought worthy of being asked
any questions by the Trustees, though he may be defective in eloquence, I dare pawn my
own credit he will not be so in the veracity of what he says for I know he detests
falsehood. We shall part with expectation of meeting again here in few months (God
willing) to carry on our work with comfort. My Thomas Eyre, I learnt upon inquiry, was
living and well at St Simons, and having some occasion to write to Lieut Dunbar there I
enclosed the letter to him which was sent from Mr Eyre who is of the Trust, to whom I
offer my compliments of due respect. I acquainted Edward Bush with the leave given him
by the Trust to dispose of his lot by will to one of his daughters in case he dies without
issue male. In my last of 19 May I sent copy of my journal etc as usual and do the same
now to 2ist enclosed. Signed. 25 pp. Addressed. Endorsed, Reed. 3 September 1739. [CO
5/640, ff 32/~3

235 Lieut-Governor William Bull to Commissioners for Trade and Planta-

June 25 tions. Mr Michie, deputizing for Mr Hammerton in the secretary's

Charleston office, resigned because the allowance made to him was insufficient

recompense for his services. As Mr Michie is well qualified I have appointed him to be

secretary in Mr Hammerton's absence or until Mr Hammerton deputes another. Account

of duties enclosed. The duties have been applied to several good uses, viz maintaining the

clergy, repairing and enlarging fortifications and other necessary purposes. The duty on

Negroes is applied to settling newcomers in laying out lands and purchasing tools and

provision for them. This has been a great advantage to South Carolina by increasing our

strength and will in time be an addition to revenue by quitrents. Signed. 15 small pp.

238] AMERICA AND WEST INDIES 1739 127

Endorsed, Reed. 12 September, Read 23 October 1739. Enclosed:

235 i Accounts of duties arising at Charleston and of expenditure of same, 29
March 1735 to 29 September 1737. Duty on sundry goods and merchandize imported;
duty on same appropriated for building and repairing fortifications; duty on rum
imported, stating number of gallons and place from which imported; duty on Negroes
imported, stating number of Negroes and number under age; duty on sole leather
exported, stating weight; duty on deerskins exported, stating number of heavy and
light skins; accounts of expenditure of these revenues. Signed, William Bull, S John,
deputy auditor. 105 pp. [CO 5/367, ff 53-1

236 Commissioners for Trade and Plantations to Committee of Privy
June 27 Council reporting on 49 Acts passed in Massachusetts in 1735, 1736 and

T 737- No objection in point of law and no other objection to 47 of
them, titles of which are stated. Two other Acts relating to emission of bills of credit of a
new tenour are not agreeable to HM's instructions, but considering they are temporary
and considering we have already laid before HM the sentiments of British merchants
relating to paper currency in Massachusetts, together with methods for reduction of old
bills and establishing new ones on better foundation, we shall not at present propose
repeal of these laws. Entry. Signatories, Monson, M Bladen, J Brudenell, R Plumer. 12 pp.
[CO 5/917, pp 269-280]

237 Extract of letter to Governor Richard Fitzwilliam reporting difficulties
June 27 J n tne supply of provisions for the garrison by Mr Godin and Mr

New Providence Seaman Copy I small p Endorsed, R, from Mr Fitzwilliam, 9
December 1739. [CO 23/14, ff 302-30^]

238 Minutes of Common Council of Georgia. Read petition of Ann Emery,
June 27 w jf e o f p e ter Emery, widow of Michael Germain; resolved that her

daughter may succeed to 5O-acre lot in Savannah in case her son should
die first; that a 5o-acre lot be granted to Peter Emery on Tybee; and that the petitioner
may have licence to sell beer there but not the advance of money she requested. Read
petition of Mary Crowder, widow of Joseph Crowder of Savannah, for rent owed to her
by Henry Parker; rejected. Read petition of Isaac Young for assistance, he never having
had his full grant of 100 acres run out; Mr Stephens to inquire into this negligence but no
money to be advanced. Read proposals of Andrew Duche for a patent for sole making of
porcelain and praying for materials to be sent to him; resolved to lay out i2/ in purchase
of materials but the Trustees can say nothing to the other part of the proposal until they
have seen his work. Read memorial of John Hammerton, receiver-general of quitrents in
South Carolina, proposing to provide 2oo/ in Charleston for the like sum paid to him
here; agreed. Read letter from Samuel Holmes, brickmaker in Georgia, desiring credit for
servants; resolved that he may have two on condition of maintaining them and teaching
them the business. Thomas Jones appointed overseer of the Trust's servants in northern
parts of Georgia (notwithstanding order of last Common Council revoking his appoint-
ment) and Samuel Davison overseer of servants in the southern part, both to enter into
recognizances that they will not employ the Trust's servants on their own lands. Resolved
that 200 copies of the Trustees' answer to the representation from Savannah about tenure
of land and Negroes be printed and sent to Georgia. Resolved that, if Robert Howes shall
appear indebted to the Trustees, no proceedings be made against him until further
direction. Resolved that William Stephens, Thomas Christie and Thomas Jones, or any
two of them, are to issue sola bills in Georgia. Resolved that gunpowder and shot be

128 STATE PAPERS COLONIAL [239

purchased and sent over as part of the presents to Indians. Read memorial from Peter
Simond for an advance on the i66jl 8s yd due to him; resolved to advance i2oo/ on his
note to answer any sum short of that in case the commissioners in Georgia should report
that any less sum is due. Read petition from Pytt & Tuckwell for an advance on the 4O//
55 <)\d due to them; resolved to advance }OO/ to them on like terms. Resolved that any five
of the Common Council draw on the bank, after the loooo/ from Parliament shall have
been received, for these sums and for the payment to Mr Hammerton. Resolved that a
grant of 500 acres at Augusta be made to Kennedy O'Brien. Entry. 8 pp. [CO 5/690, pp
234-241]

239 Minutes of Trustees for Georgia. Dr Hales acquainted the Trustees that
June 27 R ev Mr Vallois, rector of East Tisted, Hants, and an anonymous

Palace Court benefactor had paid for New Testaments and religious books in
German for the use of the Palatines at Savannah. Sealed answer to representation from
Savannah concerning tenure of land and use of Negroes. Sealed appointments of Thomas
Christie, John Fallowfield, Thomas Jones and William Williamson to offices in Georgia.
Entry, i^ pp. [CO 5/687, pp 124-125; entry of appointments in CO 5/670, pp 399-402]

240 Commissioners for Trade and Plantations to the King. In obedience to
June 28 Order of 22 March last we have prepared draft of additional instruction

for governor of South Carolina to recommend to the Council and
Assembly of that province to pass Act for emitting 2ioooo/ in paper bills of credit not
liable to the objections contained in Order. Entry. Signatories, Monson, R Plumer, J
Brudenell, M Bladen. i{ pp. Enclosed:

240 i Draft of instruction. Objections are to clause of the Act directing the
treasurer to discount or allow ten per cent on all duties inwards paid in silver or gold,
which is evidently against the intention of the Queen's proclamation of 1 8 June 1704,
enacted into law in 1707, to prevent the drawing money from one colony to another
by setting an unequal value thereupon; and to the provision for creating security for
an old debt of iooooo/ in paper money now current in that province out of the interest
arising by the loan of noooo/ part of the new bills. There is no clause to oblige the
borrowers to repay any part of the principal towards the sinking of the said bills.
Entry. ^\ pp. [CO 5/401, pp 330-333]

241 Thomas Hill to Francis Fane sending eight Acts passed in Pennsylvania
June 28 f or opinion in point of law. If they are not repealed within six months

after the date of delivery to the Privy Council (as these were on 151)1
inst) it is not in the power of the Crown to repeal them afterwards. Titles stated. Entry. \
p. [CO 5/1294, pp 114-115]

242 Governor Alured Popple to Commissioners for Trade and Plantations,
June 28 by Mr Dinwiddie, surveyor-general of the southern district of the

continent of America, Jamaica and the Bahamas. Bearer was sent by the
Commissioners of the Customs to make an inspection into the state of the revenue,
particularly the 42 per cent in Barbados and the Leeward Islands. His short stay here will
not give me leave to get duplicates of my last letters transcribed to send by him but, there
being many things in them which relate to the interest of this little colony, I beg you will
give him an opportunity of explaining what may appear in any degree doubtful. My letter
of 25 November last relates to an article of my instructions which has ever given some
uneasiness here as it obliges all vessels to load and unload in St George's or the Castle

244] AMERICA AND WEST INDIES 1/39 129

Harbour. As Mr Dinwiddie has many years been collector of the Customs here and
perfectly understands what I endeavoured to explain to you in my aforesaid letter I beg
you will give him an opportunity of attending the board upon this subject or any other
that relates to this island. Signed. PS. I hope you have received my letter of i6th of last
month sent by Capt Dickenson. 2 small pp. Endorsed, Reed., Read 8 November 1739.
[CO 37/13, ff 126, i26d, 131, i3id]

243 Governor Edward Trelawny to Duke of Newcastle. I acquainted you in

June 30 March last of the rebellious Negroes situated in the leeward parts of the
island having submitted upon terms, the conditions of which I trans-
mitted at the same time. I have the pleasure now to acquaint you that the rebels to the
windward, upon our party's being in possession of their provision-ground, submitted
likewise on the 23rd inst upon pretty much the same terms, only that they are obliged to
deliver up the slaves that have not been with them above three years and receive a garrison
of soldiers that can command them, though indeed I do not believe they will ever revolt as
it cannot be their interest to do it, they receiving greater advantages than we do by the
agreement though those we receive are very great. We are not only delivered from an
enemy that was in possession of such fastnesses that it was almost impossible to force, if
well-defended, and were places of refuge to our runaway slaves who continually increased
their numbers, but they will be a great addition of strength and the most useful people we
can have in going after any slaves that may rise in rebellion hereafter. The windward
rebels that have last submitted, by the account their captain gave me by notches on a stick,
amount to 470 persons, men, women and children. Those to the leeward by a register
taken of them are about the same number. There are besides some skulkers in small bodies
of ten or twelve which we cannot now fail to reduce. It will be very fortunate, if there
should be a war, to have got rid beforehand of the intestine enemy; but I offer as my
opinion that we are not so entirely to trust to our agreement with them as not to be upon
our guard against any treachery and that the forces we have now should be looked upon
but as sufficient for that purpose; and that to defend ourselves against a foreign invasion it
will be necessary to have a considerable reinforcement. But you will judge better what
force will be proper to be sent in that case and whether we should act upon the defensive
only or be enabled to make descents upon the enemy which we are conveniently situated
for. I only acquaint you to the best of my judgment, as it is my duty, with our
circumstances and what I imagine may be necessary; you will know best what measures
to take. Signed. 3 pp. Endorsed, R, i September. [CO 137/56, ff

244 Governor William Mathew to Commissioners for Trade and Planta-

June 30 tions enclosing the following. Signed, i small p. Endorsed, Reed. 29
Antigua August, Read 31 August 1739. Enclosed:

244 i State of the Council of St Christophers's on 28 June 1739 with names of six
persons proper to supply vacancies. Gilbert Fleming, lieut- general, absent by HM's
leave; Joseph Estridge and Sir Charles Payne Bt, present; John Garnet, in Carolina
absent without leave 42 years; William McDowall and Peter Soulegre, absent many
years, I suppose on HM's leave; Charles Pym, present; Edward Mann, absent several
years; John Douglass, Abraham Payne, Joseph Phipps, present; John Williams, dead
since last list; Charles Dunbar, resides always at Antigua; Mathew Mills, Rev Walter
Thomas, Edward Jessup, present, appointed by HM since last list. Six persons proper
to supply vacancies: Drewry Ottley, James Verchile jnr, Richard Willson, Benjamin
Macklean jnr, Ralph Payne, William Ottley. Signed, William Mathew. i p.

244 ii State of Council of Nevis at same date. Gilbert Fleming, lieut-general, and

130 STATE PAPERS COLONIAL [245

William Hanmer, lieut-governor, absent; Michael Smith, James Symonds, James
Browne, present; William Pym Burt, resides mostly at St Christopher's; Carew
Broadbelt, present; Thomas Butler, many years in England; Daniel Smith, absent
without my leave; Charles Bridgewater jnr, present; Charles Dunbar, almost
constantly at Antigua; Thomas Pym, formerly appointed by Mr Mathew, went to
England without his leave and therefore on his return suspended by him till HM's
pleasure be known; William Clarke, formerly appointed by Mr Mathew, now in
England with his leave; John Williams jnr, ordered by Mr Mathew to be sworn, there
being but five Councillors present. Six persons proper to supply vacancies: Thomas
Herbert, Edward Abbot, John Woodley, Roger Pemberton, Josias Webb, James Earl.
Signed, William Mathew. i p.

244 Hi State of Council of Montserrat at same date. Gilbert Fleming, lieut-
general, and Thomas Digges, lieut-governor, absent; George Wyke, Richard Cooke,
present; Anthony Hodges, many years in England; Nathaniel Webb, present; John
Roberts, never attended; Charles Dunbar, almost constantly at Antigua; George
Wyke jnr, John Osborne, John Webb, present except John Osborne, now returned to
settle at Antigua, and these were appointed by Mr Mathew. Six persons proper to
supply vacancies: Peter Lee, Nicholas Daniel, William Earl, Charles Daly, George
French, Bedingfield Bramley. Signed, William Mathew. 4 p.

244 iv State of Council of Antigua at same date. Gilbert Fleming, lieut-general,
absent; Edward By am, lieut-governor, present; Sir William Codrington Bt, dead since
last list; Valentine Morris, Nathaniel Crump, John Frye, present; George Lucas, not
returned from England on Mr Mathew's leave; John Vernon, in England on Mr
Mathew's leave; Josiah Martin, in New York on Mr Mathew's leave; Charles Dunbar,
present; Samuel By am, dead since last list; John Gunthrope, appointed by Mr Mathew
to make up seven of the Council; Rev Francis By am, appointed by Mr Mathew to
make up seven. Six persons proper to supply vacancies: Thomas Kerby, Jacob
Morgan, Richard Oliver, Henry Lyons, Thomas Watkins, Jonas Langford. Signed,
William Mathew. i p. [CO 152/23, ff 2 3 2-2 3 5 d]

245 Lieut-Governor William Gooch to Commissioners for Trade and
July 3 Plantations. Intending this as a state of the colony and its trade without

mingling therewith anything else, I shall proceed to inform you. Laws:
we have none subsisting injurious to the trade, navigation and manufactures of Great
Britain. Manufactors: the poor potter's operation is unworthy of your notice. The
common people in all parts of the colony and indeed many of the better sort are lately got
into the use of looms, weaving coarse cloth for themselves and Negroes; and our new
inhabitants on the other side of the mountains make very good linen which they sell up
and down the country, nor is the making of shoes with hides of their own tanning less
practised though the leather is very indifferent. We have not any other manufacture unless
building of sloops and selling them in the British islands may be accounted such; but as
this no ways interferes with the trade of Great Britain I am of opinion it may be allowed,
considering the exportation of our Indian corn, beef, and pork for the supply of those
islands requires more bottoms to carry them thither than to bring back their commodities
of rum, sugar and molasses, much less in bulk though of greater value. Trade: besides this
trade carried on to the British islands in the West Indies of Indian corn, beef, pork,
lumber, wax candles, flour, biscuit, and sometimes a little tobacco, for which we have in
return rum, sugar and molasses, we send wheat, flour, wax and wax candles to Madeira
and bring back the produce in wine. But the balance of trade, chiefly with the English
settled there, being in their favour, is paid by bills of exchange. Our tobacco, with skins

248] AMERICA AND WEST INDIES 1/39 I}I

and lumber, is carried to Great Britain; and as that staple is under a careful inspection
affording an encouraging price to the planters, we may be justly reckoned, by the
quantity of goods we annually purchase with the sales of it and the benefit it is to the
Crown in its Customs, among the principal plantations in America. We import salt from
Cape Verde and the West Indies, far less useful than the salt of Portugal, which makes our
traders very uneasy as I informed you in my letter of 14 September 1734. Iron works: we
have four furnaces and the pig iron they make (for they cast a few pots and sell them in the
country) is sent to London and Bristol, which being yearly about 1 500 tons must increase
the wealth of our mother country however inconsiderable the profit is to the adventurers.
Forge: one for making bar iron but as the duty upon the importation to Great Britain is
like to continue, and they don't find a ready vent for it in the country, the owners are
much discouraged. They hammer about 20 tons in a year. One air furnace: where they
cast pots, backs for chimneys, andirons, and boxes for cartwheels, sold in the colony or
exported to other places on the continent without any great gain to the undertaker. The
master of the vineyard, having been advised to cut his vines close to the ground in order to
strengthen their roots, has not yet used his press to any purpose of interest; but the
vineyard is in a flourishing and thriving condition and next year he intends to taste the
goodness of the juice. The same gentleman goes on planting Verina tobacco, but as he
says, not meeting with the price he expected and having about 100 hogsheads in hand, he
goes this summer to London to be his own factor. These are all the trades or manufactors
hitherto set up; and you, to whose prudent oversight the commerce of HM's dominions is
so happily entrusted, will best judge how far any of them are prejudicial to the
manufactures or trade of Great Britain. Signed. PS. Journals of House of Burgesses sent
herewith. 25 pp. Endorsed, Reed. 25 September, Read 18 October 1739. [CO 5/1324, ff
167-1 68d]

246 Commissioners for Trade and Plantations to Duke of Newcastle
J u ty 4 enclosing the following. Signed, Monson, M Bladen, R Plumer, J

Brudenell, Edward Ashe. i p. Enclosed:

246 i Extract of letter, dated 23 May 1739, from Governor Alured Popple relating
to seizure of two sloops by Spaniards. See no 166. f p. [CO 37/26, ff 22i-225d; entry
of covering letter in CO 38/8, pp 305-306]

247 John Scrope to Thomas Hill enclosing the following for opinion of
July 4 Commissioners for Trade and Plantations. Signed, z p- Addressed.

Endorsed, Reed., Read 4 July 1739. Enclosed:

247 i Petition of Richard Shelton, late secretary to Lords Proprietors of the
Bahamas, to Commissioners of the Treasury. He was secretary for thirty years and
there are very great arrears due to him for salary and disbursements. He was at great
labour and trouble to procure an agreement advantageous to the Crown. Copy. 12 pp.
Endorsed, (i) 6 April 1739 (2) 3 July 1739, to the Lords of Trade. [CO 23/4, ff 60-630!]

248 Minutes of Trustees for Georgia. Sealed letter of attorney to enable the

July 4 secretary to receive at the Exchequer the 2oooo/ granted by Parliament.

ace Court 5 ea j ec j appointments to Thomas Jones to be overseer of the Trust's

servants in northern parts of Georgia and to Samuel Davison to be overseer in southern

parts. Sealed grant of 500 acres to Kennedy O'Brien. Sealed i2oo/ in sola bills. Entry. i

pp. [CO 5/687, pp 126-127; entry of letter of attorney, appointments and grant, all dated

4 July, in CO 5/670, pp 404-41 1]

132 STATE PAPERS COLONIAL [249

249 James Oglethorpe to Trustees for Georgia. Give me leave to thank you

July 4 f or the great care you took to send immediate assistance to me by

ordering the issuing of the $ool in bills and by sending me jiol in bills,
and by the vigorous push you made in Parliament, the resolutions of which hath
preserved this colony and by it covered all the trade of North America from the Spanish
guardacostas. I am very glad to find by the last of yours that you have come to a
resolution of keeping no stores here, after what is at present in the magazine is expended,
but for the future paying for the servants' subsistence and other expenses in ready money.
In this there is but two difficulties which I hope to be able to regulate in the execution.
The first is the merchants, seeing there is no public stores, may run up the prices of all
provisions to treble the value so that the people may not with their money be able to buy
food. The second is that the people themselves when they receive their pay may spend it
in drink instead of buying victuals and so suffer in their healths as the independent
company did in Gen Nicholson's time, of whom two thirds died in a year. However, I
believe both these inconveniences may be prevented by the regulations I shall make for
the merchants and settlers.

I do not doubt but the sum granted by Parliament will enable us not only to pay the
debts of the colony and subsist it for the year but also have a fund beforehand which will
prevent any accidents for the future; but to bring this about there must be a steady and
regular manner of acting here. There are several expenses absolutely necessary and the
factious humour of many people, the difficulties of finding amongst such as are sent
hither any persons of proper confidence to execute a trust where a gain attends, is very
great. The temptations of large sums to poor people who have given no security are
difficult to be withstood and I have met with so much roguery that I have been obliged to
change hands frequently. The powers given to the magistrates have generally been made
use of either to get by winking at men who disobey the laws or expecting large allowances
from the Trustees for doing their duty, and they have banded at Savannah so strongly
together that they refused Mr Jones (as he informs me) to take any measures for
preventing people who were running away with effects when in the Trustees' debt. The
people have frequently been striving to deny any authority in me and would fain bring the
trial of the Trustees' property before juries, almost every one of whom is interested by
being debtors to the Trustees and many declared that they would bring in their verdicts
according to their interest. They very ignorantly and unjustly at Savannah tried the people
who broke through the rum law by juries who acquitted the sellers in spite of evidence.
Here at Frederica the magistrates acted wisely: they tried and convicted them at petty
sessions as justices of the peace, and amongst others levied upon a master of a sloop who
had so many friends amongst the freeholders that they publicly declared in town that no
jury would convict him though he tapped a cask at noonday. This steady proceeding and
the appointing a very brisk man, Patrick Grant (a relation of Sir James Grant) naval
officer and searcher, has got the better of rum here.

I am insensibly got off from the most important matter, that of keeping the expense of
the province within bound and at the same time pushing on the improvements of silk and
wine and other agriculture, making the province capable of subsisting itself, and
encouraging industry in such manner as the inhabitants may be able to raise and sell food
sufficient for the regiment's consumption and for the Trustees' servants so that they may
not be obliged to buy from the neighbouring colonies, which if it can be compassed the
planters by that money will be enabled not only to purchase clothing but also to pay for
the passage of servants and other labouring hands and thereby increase the people of the
colony without any new expense to the public, and these methods have already had their
effect in Pennsylvania which is grown wondrous populous by the German servants. I

249] AMERICA AND WEST INDIES IJ39 133

have been labouring to reduce the expenses within bounds and to fix them to some
certainty but have met with so many other affairs arising from opposition, many of which
were surely set on foot on purpose to prevent my having time to regulate the expenses and
look into accounts. I think I have got pretty near through and should have finished in
about a month's time but the Indians have been stirred up to insist upon my meeting them
and they hold a general assembly for that purpose, upon the result of which depends the
welfare not only of this but of the colony of Carolina. The Spaniards and French have
both been very active and have spared no pains to gain an interest sufficient amongst the
Indians to persuade them to separate from the English. I send you an account of sundry
disbursements made by me by the hands of Moore and I submit them to you to consider
of them; and if you think they ought to be repaid you will please to pay them to Mr
Verelst on my account. If there are any articles that you object to, if you will let me know
them, I will explain them in the general account, this being only an account of some
disbursements which I send home for your perusal till I can get the general account and
the issues of all the stores and provisions bought and applied to the Trust's service.

It is necessary to set down the following articles for explaining the expenses of the
province.

ist The whole civil and military expenses were to be defrayed by the Trustees till the
arrival of the regiment, and till my arrival none of the Trust's military expenses were
reduced.

2nd On the arrival of the first detachment with Col Cochran the Trustees were put to
new expenses for boats to carry up the soldiers, the King's stores and provisions, also for
warehouses for them; and at the Trustees' expense also cleftboard houses were built for
the reception of the five companies quartered for the defence of Georgia. These expenses,
had I been here, should not have been paid but have been directly certified home, that the
Trustees might have applied to the Crown to obtain payment for the persons who had
disbursed them. It is very true that they were absolutely necessary or the troops must
have perished. It is also as true that colonies who levy taxes upon the people do, out of
them taxes, defray all such contingent charges necessary for the troops sent for their
defence; but this is not the case of Georgia where there can be no taxes levied and
consequently the Trustees cannot defray the contingencies: therefore they very properly
ought to have been represented to the Crown.

3rd Mr Horton, when he found that it was necessary there should be cleftboard
houses provided for covering the regiment, employed as many of the inhabitants as were
indebted to the Trustees for food as would work, and thereby lessened the expense of
those buildings since he thereby secured the payment of debts which it would otherwise
have been very difficult to recover.

4th Mr Hugh Mackay employed at St Andrews the Trustees' servants to build the
cleftboard houses there and some few other carpenters and hired men.

5th I presume that the Trustees have a very good demand for the building of the
abovementioned two camps of cleftboard houses in which 500 men and their officers are
conveniently lodged since it was done by servants and creditors fed and clothed by the
Trust whose labours might have been other ways of use to them.

6th It is necessary for the Trustees to use their endeavours to people the colony for
which they are entrusted with the public money. People cannot live without protection
and communication. The regular troops protect the frontier islands but boats are
necessary for communication and watchmen for preserving the peace of the country and
horsemen for pursuing in the woods felons, runaway servants, outlaws and slaves from
Carolina, which have already molested the inland parts of the country; and thieving for
want of rangers to pursue them is grown so common that great numbers of hogs and not a

134 STATE PAPERS COLONIAL [249

few cattle have been killed in the woods so that it is dangerous to let them out and people
have neither enclosures nor food to keep them at home. The killing and stealing of hogs
has been so frequent at Savannah that there is hardly one person in that town that has one,
though when I left that province there were several hundreds there.

/th There are great numbers of servants belonging to the Trustees. Those at Savannah
were under the care of Mr Bradley and Mr Causton, of whose work I have been hitherto
not able to get a full account. Those at Darien were under the charge of Mr Mclntosh and
have learned to saw so that all the boards employed in the King's works as also those for
building the chapel at Frederica have been sawed by them, the value of which I believe
will near answer the keeping of them and next year, as they are now masters of their
business, will I hope considerably more than maintain them. The servants on Amelia are
under Mr Hugh Mackay's charge: there is a very fertile spot of ground on which I placed
them and they have made a plantation. It promises fair for a great crop of corn, much
more than they can eat, but their clothing and meatkind will be still some charge; nor can
the Trustees expect that their servants should at first defray entirely their charges for they
must consider that a great part of their time must be taken up in building huts and clearing
and fencing of land which is an improvement of the province and a greater gain to it than
the crop raised within the year.

8th Several boats are absolutely necessary for the province, one at least to each
settlement which, if the Trust does not maintain, the people cannot, and it is as good
withdrawing at once from the colony as forcing the people to leave it. I have done all I
could to reduce the charges of boats as I have wrote more at large.

9th This country cannot be supported without cattle. The Trustees have a large herd,
the keeping of which hath been a considerable expense to them but I think the profit upon
the increase, notwithstanding that vast numbers have been killed and stolen, is above
treble the charges they have cost. But if Mr Jones, the storekeeper, had not acted with
great courage there was a general combination to eat the Trustees' cattle and I cannot say
that the magistrates at Savannah did act with that vigour that they might have done till I
myself was obliged to make them examine the people before me; and there was such a
good-natured spirit stirring that I was informed no Savannah jury would find a man
guilty for killing the Trustees' cattle in the woods, of which I suppose Mr Jones has given
you a full account. This has forced me to continue a number of cattle hunters by which
means I have already stopped the stealing and above sixty calves have been taken up and
marked at the cowpen at Ebenezer.

loth Till the present stores are issued, of which I have laid in a great quantity, there
will be occasion not only for a storekeeper and clerks but several other servants and
labourers for unloading and preserving. Several may be reduced as soon as we can put the
new regulations into practice but some will always be necessary, particularly a smith for
the Indian arms, a surveyor, etc.

I am afraid I shall tire you with too long a letter if I should enter into the whole detail
of the province and it is impossible to explain all things at this distance. The only method
I can think of to hinder any increase beyond the intended expenses is strictly to adhere to
the notice you have already advertised and which is now up at all the storehouse doors,
that no person shall contract any debt chargeable upon the Trustees, and I fear the
allowing any of the people here to endorse your bills will give a new credit to them
persons which perhaps may be better let alone. For this reason I scratched out the
endorsement which I had ordered to be made to Mr Causton and issued them myself and
have charged myself with that 5oo/ received from you. I mentioned in my first letter that
if you would acquaint me how much you intended to expend yearly in Georgia I would
frame an establishment in the best manner I could and would take care to [see] whilst I

251] AMERICA AND WEST INDIES 1/39 135

was here that it should not be exceeded and to have left the strongest orders for securing
the same after my return and to have had security given for the execution of them.

There are two matters of great importance that I cannot omit speaking of before I
conclude. First, you mention a new law concerning the altering of entails of estates. There
are infinite difficulties in getting the laws now in being for this colony executed; therefore
I should not yet wish for any new ones. The titles are at present upon a very good footing
and those who made most noise about their lands are those who have taken no care of
making any use of them. I suppose the heads which you send me will be very well
considered and, before passed, many things amended, for as they stand they first deprive
the male heir, who has now a right from the grandfather, in favour of the daughter of the
son. Secondly they tend to uniting of lots and destroying the agrarian equality, one of the
first principles on which you set out. Thirdly they leave freehold possessions open to the
frauds of wills, a grievance complained of in England and a yoke which neither we nor
our fathers could bear. They bring freeholders to be judged by the civil law which is the
law by which wills are decided instead of being judged by the common law of the land,
and this will make a court of Doctors Commons and Chancery necessary, either of which
will be enough to crush a fullgrown, much more a young colony. I am persuaded that you
will not pass any law till such time as the accounts and affairs of the colony are settled.

The second thing is you sent over joo/ in bills to be issued for certain purposes. I
immediately signed and issued 4O/ to Mr McLeod, /o/ to Mr Bolzius and Mr Gronau, and
6ol to Mr Jones for the servants, and sent them to Mr Jones to be signed. Mr McLeod and
Mr Jones, etc inform me that Col Stephens and Mr Parker have both refused signing of
them, by which means they will be greatly distressed for want of money. Upon which Mr
Jones came up in an express boat to me from Savannah: he will acquaint you with Mr
Parker's reasons. This might have occasioned some uneasiness to the Trustees' affairs but
I have prevented it for I will take up the bills and pay the orders, and I have sent home the
bills and hope that you will pay into Mr Verelst's hands the amount of those bills making
/io/ to answer my drafts upon him for the same. Though this is an inconveniency I think
it hath prevented a worse, that is to say your giving a credit to any persons in America
after your orders published to the contrary. Signed. 192 pp. Endorsed, Reed. 2 November
1739. [CO 5/640, ff 332-34^]

250 Rev John Martin Bolzius to Harman Verelst acknowledging letters of 3
July 4 March and 2 April which arrived with the carpenter, shoemaker, and

five single women all in very good health. Generosity of the Trustees
towards Mr Gronau and the orphan-house acknowledged, also the leather and tools for
the shoemaker who will supply the orphan-house at half price. Greater part of the debt
incurred for building the orphan-house can now be repaid: we hope for a good crop for
its further support. Children have been taught English as far as time and opportunity
permit but Ortman, the school-master, is unable to teach it: his pronunciation is quite
wrong, very tedious and obscure. The boy Bishop is more useful in instructing the
children and might be allowed something to encourage him. Signed. 2$ pp. Endorsed,
Reed. 5 October 1739. [CO 5/640, ff 330-33^]

251 Commissioners for Trade and Plantations to Governors of Jamaica,
July 5 Barbados, Leeward Islands, Bermuda, Bahamas, South Carolina, North

Carolina, Virginia, Maryland, Pennsylvania, New Jersey, New York,
Connecticut, Rhode Island and Massachusetts (Circular) sending copies of addresses of
Houses of Lords and Commons of 13 June. Prepare and transmit the accounts required
that they may be laid before the Houses at the next meeting of Parliament. Entry.
Signatories, Monson, E Ashe, R Plumer, M Bladen. ii pp. [CO 324/12, pp 244-245]

136 STATE PAPERS COLONIAL [252

252 Petition of Jonathan Belcher, in behalf of his father Governor Jonathan

July 7 Belcher, to the King praying for six months leave for Governor Belcher

to come to this kingdom on public and private business. Signed, i p. [CO 5/752, ff

3 3 i-

253 John Calwell to Harman Verelst soliciting aid of the Trustees in

July 9 transporting his child Henry from Cork to Georgia, Gen Oglethorpe

having made him surveyor in the room of Mr Auspurgur. Signed, i p.

Addressed. Endorsed, Reed. 2 November 1739. [CO 5/640, ff 34

Capt Henry Medley to Duke of Newcastle acknowledging letter of 1 5
June and warrant as governor of Newfoundland. Signed, i p. [CO

' ff '

255 Minutes of Common Council of Georgia. Read report from committee
July 1 1 o f accounts on memorial of Capt William Thomson relating to German

T) I /"*

servants and goods delivered in Georgia in January 1739: the committee
reported that 43 1/ 165 ^d should be paid to Capt Thomson but that 69 of the servants and
some goods were not chargeable to the Trustees; agreed to the report. Read report from
same committee on claim of executors of Paul Jenys that sundry deductions should be
made; agreed thereto, and resolved that 49 1/ 95 42^ be paid to Smith & Bonovrier on
whom the executors drew a bill for 6367 175 $d. Signed draft on the bank for these sums.
Read copy of resolution of SPCK (Scotland); resolved to grant 300 acres within 12 miles
of New Inverness to Rev John McLeod and his successors as missionary appointed by
SPCK (Scotland) who will grant 4O/ for four servants for cultivating the said land.
Resolved that 1 06 1/ 85 be paid to meet Gen Oglethorpe's bill on Peregrine Fury, his agent,
though no letter of advice had been received; signed draft on the bank for that sum.
Resolved that Gen Oglethorpe be desired to endorse sola bills to enable them to be issued
to defray estimated expense in Georgia for 1739-1740. Resolved that I2OO/ in sola bills be
sent to William Stephens by Two Brothers. Resolved that Henry Parker be removed from
commission for examining public debts, to be replaced by Thomas Christie. Ordered that
Ann Emery be allowed to lease her share of her late husband's lot for seven years. Entry.
92 pp. [CO 5/690, pp 242-25 1 ; entry of appointment dated 1 1 July, of Thomas Christie to
be commissioner, in CO 5/670, pp 412-413]

256 Minutes of Trustees for Georgia. Received receipt from the bank for
July 11 2OOOO/ paid in by the accountant, being so much received from the

pi/" 1 *

Exchequer, less fees. Received receipt for i/ 15 consideration money for
grant of land to Kennedy O'Brien. Entry, i p. [CO 5/687, p 128]

257 Benjamin Martyn to John West. The Trustees grant leave to dispose of
July 1 1 your lot provided Mr Stephens approves of the person you dispose of it

Georgia Office t( ^ anc j ^^ ^ $a j^ p erson nas no lands already in Georgia either in
possession or expectancy. They likewise grant leave to return home. Entry, i p. [CO
5/667, p 243]

258 Same to Thomas Jones. The Trustees have carefully perused your
July 11 several letters of 8, 17 and 23 February and they therein observe the

Georgia Office manv difficulties you meet with in adjusting the accounts of the

26l] AMERICA AND WEST INDIES 1739 137

storehouse; but they hope you will not be discouraged in the attempt but pursue the
commission sent over to you 2 April last, it being a matter of great consequence to them
as well as a demonstration of your fidelity and resolution in their service. For your
encouragement herein they have appointed you third bailiff of Savannah, and as a public
storehouse is no longer to subsist after Michaelmas day next but all payments made by the
Trustees will be in money they are sensible their allowance to a storekeeper must end at
that time; wherefore, taking into consideration your usefulness and concern for the
prosperity of the province, they hope you will accept of an employment very essential to
its interests which is that of overseer of the Trust servants to which there is a salary
appointed of 3O/ per annum: the business thereof is particularly set forth in the enclosed
instructions and your commission for executing them will be delivered to you by Mr
Stephens. To explain to you that part, viz the Trustees' servants having land of their own
when their task is over, orders are sent to Mr Stephens that such servants who have no
land set out in the time of their service to work on at spare days for themselves should
have 5 acres each set out as part of their 20 acres, which are to lie as near as may be to the
lands they are to be employed in the cultivating of for the Trustees, in order that their
spare time may be fully employed in their own lands by being contiguous if possible.
Entry. f p. [CO 5/667, pp 243-244]

259 Same to Thomas Causton. The Trustees have received your letters of 14
July 11 January and 14 February but they can say nothing to them nor give any

Georgia Office answer thereto till they see the result of the commission which they
have appointed to examine and state your accounts. Entry. \ p. [CO 5/667, p 244]

260 Same to Thomas Hawkins. The Trustees have ordered the public
July 11 storehouse to be shut up at Michaelmas next, being determined to

/"* * f~\(+

defray the expenses of the town of Frederica according to the estimate
settled by them, whereof a copy as far as relating to the southern part of the province is
enclosed to you, that you may see the disposition the Trustees have made for your
support for the ensuing year. You will observe by it that 3O/ is allowed to you as first
bailiff of Frederica for the year then commencing and io/ more as correspondent with Mr
Stephens, secretary within the province. In consideration of this the Trustees expect that
you will be punctual in acquainting Mr Stephens with the plantations and cultivating
made in the southern part of the province, the lots taken up, charged or deserted, the
deaths, marriages and births of persons, the progress of fishing or any useful arts, the
ships arrived or sailed, and all matters of consequence. For your information in these
particulars you must call on the minister, the surveyor, the inferior officers of the town of
Frederica and such other persons as are respectively capable of giving you accounts. As
the Trustees have nothing to prejudice you in their good opinion they hope you will
preserve it by maintaining the peace and promoting the industry and good manners of the
people and that you will give all the necessary support and countenance to the minister,
Mr Norris, who is appointed to reside at Frederica and for whom the Trustees have a
great regard. Entry, i p. [CO 5/667, p 245]

261 Same to Rev William Norris. The Trustees hope you will be pleased
July 11 w ith your removal to Frederica which they think on many accounts

eorgia Office w jjj ^ e more satisfactory as you will be nearer to Gen Oglethorpe and
will find the people more sober and orderly than you have found them in general at
Savannah and as the place is more healthy than the northern part of the province. Besides,
as Mr Whitefield who was at Savannah before has collected a considerable sum of money

138 STATE PAPERS COLONIAL [262

here for erecting an orphan-house for which a grant of land is made by the Trustees near
to Savannah, and as he is to have the superintendency of it by building it without any
expense to the Trustees, his residence there will become more necessary. As the Trustees
have directed their first bailiff at Frederica (Mr Hawkins) to show you all the regard in his
power they desire you will from time to time give him an account of the marriages, births
and deaths of persons in the southern part of the province and whether the people are
regular in their attendance at church. Entry. 2 p. [CO 5/667, p 245]

262 Same to John Fallowfield. The Trustees, having received a good account
July 1 1 o f your sobriety and abilities and readiness to undertake the office of a

Georgia Othce ma gi s trate, have therefore appointed you second bailiff of Savannah and
they have no doubt but you will endeavour to gain and preserve their good opinion by an
exact performance of your duty and a firm execution of justice and the laws without
favour or affection, and that you will at all times promote the peace, morals and industry
of the people to the utmost of your power. Entry. \ p. [CO 5/667, p 246]

263 Undated letter from same to Robert Gilbert. The Trustees, understand-
duly 1 1 i n g that you undertook the office of a bailiff of the town of Savannah

Georgia Office] w ' tn g reat re luctance and that holding the same is inconvenient to you,
have eased you thereof and appointed Mr Thomas Jones to succeed you in it. Entry. \ p.
[CO 5/667, p 246]

264 Rev Israel Christian Gronau to Harman Verelst acknowledging letter of
July 11 3 March and news of allowance of 3O/ towards cost of building house.

Savannah ^ av Q Q( J rewarc j tne Trustees a thousand times. Gen Oglethorpe
arrived here last night and paid the money by Mr Moore, his secretary. Signed, f p.
Endorsed, Reed. 5 October 1739. [CO 5/640, ff 344,

265 Governor Edward Trelawny to Commissioners for Trade and Planta-

July 12 tions. I should sooner have acquainted you with the death of Mr Mill,
Jamaica receiver-general and one of the Council, if I had not missed the
opportunity of doing it by being in a remote part of the country giving orders for an
expedition against the rebellious Negroes settled in the windward part of the island. They
have submitted upon the same terms as those which the others lately agreed upon and
which I transmitted to you, only with this difference that they have obliged themselves to
deliver up all the runaway slaves who have joined with them for three years past and to
receive a garrison. I send the laws passed between 14 April 1739 and 29 May following;
journal of Council, 1 1 September 1 73 8 to 1 9 May 1 739 ; minutes of Council, 27 September
1738 to 19 May 1739; and minutes of Assembly, 13 March 1739 to 19 May 1739. Signed. 2
pp. Endorsed, Reed. 10 December, Read 12 December 1739. [CO 137/23, ff 52, 52d, 59,

266 Harman Verelst to James Oglethorpe by Two Brothers, Capt Thomson,

July 14 sending copy of last letter of 1 1 June. The Trustees, after mature

Georgia Office consideration of the representation from the inhabitants of Savannah

dated 9 December last for altering the tenure of the lands and introducing Negroes into

Georgia, have sent their answer thereto to the magistrates of Savannah under the

corporation seal and have had their said answer printed to be dispersed in the colony by

the magistrates of Savannah and Frederica, one of which printed copies is herewith sent

you. The Trustees' estimates of the expenses of the colony from Michaelmas next are sent

by this ship and herewith you have copies of them. They have sent i2oo/ in their sola bills

266] AMERICA AND WEST INDIES 1/39 I}9

towards defraying the said expenses, which bills are 450 of i/ each and 75 of io/ each and
are part of those ordered in 1737 and remained unsent; and the Trustees desire you will
sign the endorsements of them to enable William Stephens, Thomas Christie and Thomas
Jones, or any two of them, to issue them pursuant to their instructions for defraying the
said estimated expenses, and the Common Council under the corporation seal have
indemnified you for so doing, which is herewith sent you.

The Trustees have granted the joo-acre plot of land to Kennedy O'Brien pursuant to
your recommendation and have sent it over. They have appointed Mr Thomas Christie
first bailiff of Savannah and removed Henry Parker from that office and from every other
appointment, his late behaviour giving offence. Mr John Fallowfield is appointed second
bailiff and Mr Thomas Jones third bailiff of the said town in the room of Robert Gilbert
who is removed as an improper person for executing that office, the Trustees being also
assured he accepted the office with reluctance. And Mr William Williamson is appointed
recorder at Savannah. And the Trustees have ordered Mr Jones a 5O-acre lot, the best of
any of those forfeited at Savannah, to qualify him to execute the office of third bailiff. In
consideration of Mr Jones's faithfulness and capacity the Trustees have not only made
him the third bailiff but also overseer of their servants in the northern part of the
province; and Samuel Davison, constable at Frederica, is appointed overseer of their
servants in the southern part of the province. For these servants tools and materials are
sent and the particulars thereof will be herewith received, which are to be distributed in
proportion to the number of servants employed in each part of the province. There is also
40 barrels of flour sent and 60 pairs of men's shoes which are to be retailed at such places
in the province where most wanted; and as all payments are in money the said flour and
shoes must be retailed for ready money by proper retailers to be appointed for that
purpose with an allowance of a reasonable profit to themselves on the prime cost which is
herewith sent, such retailers paying the money they receive from time to time, as they
fetch small parcels away to the amount of such prime cost, to be reissued by William
Stephens, Thomas Christie and Thomas Jones, or any two of them, for defraying the
expenses of the estimates and thereby keep down the prices of necessaries to a reasonable
standard. The 1 5 tons of strong beer in barrels nos i to 90 are sent you according to the
Trustees' letter of 1 1 June which they hope will prove a satisfactory payment for expenses
you were at on their account. The 16 half-barrels of gunpowder FF and 28 casks of Indian
gun bullets with 2 casks of dropshot, each cask of bullets containing cwt nett and each
cask of dropshot 2 cwt nett, are for part of the presents to the Indians, which presents the
Trustees choose to send from England to be distributed to the Indians by your directions
while in the province and in your absence (when occasion requires) by the directions of
William Stephens, Thomas Christie and Thomas Jones or any two of them.

Besides the 1 2oo/ in sola bills the Trustees have sent two tons of halfpence which with
the said sola bills and a bill for 2OO/ sterling drawn by the receiver of the King's quitrents
in South Carolina and remitted by this ship (which the Trustees advanced here for
payment of the auditor's salary and other expenses for the Crown) are sent towards
defraying the expenses of the estimates from Michaelmas next and for no other purpose
by William Stephens, Thomas Christie and Thomas Jones, or any two of them, according
to their instructions. The Georgia scoutboat and the charges of the boat at St Andrews are
continued for this year by reason of the present situation of affairs, but as those boats are
for the military defence of the colony the Trustees apprehend it does not belong to them
to defray the expense thereof, and therefore if you think them necessary they have no
doubt but you will represent the necessity of them in the proper place.

Capt Thomson having presented a memorial to the Trustees relating to German
servants and goods received and delivered by your order in January last, the Common

140 STATE PAPERS COLONIAL [266

Council have agreed to pay for the following heads only, viz 125 heads for cultivating

lands for religious uses in the northern part of the province; 7 heads to cultivate Trust

lands at Fort Argyle; i head to Mr Norris the minister; 4 heads to be employed in the

public garden; 53 heads employed as cowherds to the Salzburghers; i head to attend the

Salzburgh orphans; 2 heads to the Salzburgh schoolmaster; i head to William Stephens;

and 135 heads to be employed in the cultivating lands for religious uses in the southern

part of the province if not already provided, otherwise to be employed in the cultivation

of Trust lands at Frederica. But as to 69 heads besides, stated to be delivered pursuant to

your order, the Common Council have not sufficient evidence before them at present

whereby to think themselves at all chargeable with the expenses thereof and have referred

the captain back to the persons for payment or better reasons than yet given for the

Trustees to reconsider thereupon. The amount of goods delivered by the said captain to

your order was 213/95 i \\d whereof iO2/ 165 $d the Common Council have agreed to

pay, but the residue being for presents designed to the Spanish messengers when they

come to Georgia, for encouragement of shopkeepers, and other credits, which the

Common Council thinking themselves no way concerned in have refused payment of.

The account of the late Paul Jenys received from his executors and recommended for

dispatch by your letter to the accountant dated 7 April last has been examined by the

committee, with the accounts of the said Paul Jenys sent to the Trustees by Mr Causton,

with another letter from the said Causton dated 14 February last, and there appear

overcharges therein to the amount of 145! js io\d sterling which reduces the said

executors' demand of 6367 175 }d to the sum of 49i/ 95 $d which is ordered to be paid;

and the said overcharges are to be particularized and the account thereof and how they

arise to be sent to the commissioners for examining and stating the public debts for their

inspection, and another copy thereof to the executors of the said Paul Jenys to make

answer or submit to such overcharges being disallowed. The Trustees have appointed

Peter Emery to be the pilot resident at Tybee who is ordered to have a lot of 50 acres of

land there and his wife has leave to sell beer; and they desire you will name a proper

person to be pilot at St Simons or Jekyll Sound. The Trustees not having received an

account from you, nor hearing from other hands, that any progress has been made in the

adjusting and settling the differences between South Carolina and Georgia concerning the

regulation of trade with the Indians to the mutual satisfaction of both provinces, they

earnestly recommend it in the most serious manner to you to lose no time in the

perfecting so essential a necessary work when the authority which you have in that

province and the influence of Lieut- Governor Bull may facilitate an happy conclusion of

the misunderstandings which have subsisted on that account, whereby the clamours of

many people here may be quieted and harmony restored between the inhabitants of both

provinces, so absolutely requisite in this juncture. The Trustees have ordered that the

supplies Mr William Stephens had from you should not be accounted part of the two

sums of 2O/ and 3O/ they ordered him in their letter of 2 April last. Entry. 32 pp. Enclosed:

266 i Estimate of expense in northern part of Georgia for one year to commence

from Michaelmas 1739. ist magistrate at Savannah, 30/5 2nd and 3rd magistrates, 2O/

each; recorder, 20/5 secretary and postmaster, ioo/; register, 20/5 schoolmaster at

Savannah, io/; schoolmaster for Salzburghers, 5/5 parish clerk at Savannah, 5/;

midwife at Savannah, besides 55 per laying, 5/5 overseer of garden, io/; head gardener,

2O/; overseer of Trust's servants, 30/5 blacksmith, for mending militia arms, i$l; and

for mending Indian arms, 15/5 Italian family in silk production, 20/5 allowance to

recorder for clerk, 2O/; 4 constables at Savannah, io/ each; allowance to chief

magistrate for public rejoicings, etc, 4/5 cowpenkeeper, 3j/; pilot at Tybee, 40/5 care of

widows of Trust's servants, ioo/; care of sick, 1507. Servants: to each of the three

267] AMERICA AND WEST INDIES 1/39 I 4 I

magistrates for two servants, 24/ 6s Sd; to the recorder, the Italian family, Widow,
Vanderplank, and the cowpenkeeper, for one servant each, i2/ 35 ^d each; for charge
of 60 men, Trust servants, to be paid 8d a day provided they perform their tasks, 730/5
repair of tools, 5/5 repair of houses and machines, etc in production of silk, 5O/. Total:

Expense in southern part, ist magistrate at Frederica, 40/5 2nd and 3rd magistrates,
1 5/ each; recorder, 2O/; minister, 50/5 overseer of Trust's servants, 25/5 blacksmith, 1 5/5
schoolmaster, io/; parish clerk, 5/5 midwife, besides 55 per laying, 5/5 allowance to
chief magistrate for public rejoicings, etc, 4/5 2 constables at Frederica, io/ each; care
of widows of Trust's servants, 50/5 care of sick, 75/5 coasting boat with coxswain and 4
hands, <)6l ios; pilot at Jekyll or St Simons, 4O/. Servants: to ist magistrate and
minister at Frederica one servant each at i2/ 35 4^; for charge of 21 men, Trust
servants, to be paid 8d a day provided they perform their tasks, 35 5/ 105; for charge of
17 womenservants to be paid 6d a day provided they perform their tasks, 155/25 6d.
Total: IO2O/ 95 id.

General charges for Georgia. Surveying land to persons on the charity account and
servants, 50/5 incidental expenses, 500/5 building and repairing church, buying
furniture and books for school, 100/5 execution of justice, 100/5 entertaining Indians,
100/5 Georgia scoutboat, 258/ 1 55 id; provisions and shoes for coxswain and rowers of
boat at St Andrews, 48/5 William Stephens for services, 25/.

List of working tools for Trustees' servants, and invoices of flour, shoes and beer
sent to Georgia. Entry. j\ pp. [CO 5/667, pp 247-264]

267 Harman Verelst to William Stephens. The Trustees have received your

July 14 letters dated 6 February and 12 March last and their accountant received
Georgia (Jthce vour letters dated 29 March and 2 1 April and delivered your journal to
said 21 April which gives the Trustees great satisfaction from the fully stating all
occurrences. The Trustees have been often applied to for an account of William Wise's
effects who died in Georgia before your arrival. A copy of his will came over but no
account whether he left anything or not 5 please, therefore, to inquire about it. They have
also been applied to for the effects of Henry Clarke, deceased, whereof an account was
sent 20 March 1734/5 signed by John Dearne and Edward Jenkins, a copy whereof is
herewith sent you, but no effects have been received pursuant thereto, which you are
desired to inquire after. John Murcott has applied to the Trustees relating to a debt owing
to him for 28/ 95 <)d from Joseph Hetherington, and another debt for 28/ 105 from
Theophilus Hetherington due on a writ of inquiry to him 19 January 1733/4, and you are
desired to acquaint them of it and know in what ability they are for making any and what
satisfaction for the said debts.

Mr Whitefield having acquainted the Trustees the branch which was sent sometime
ago for the use of the church at Savannah was not in use, the Trustees direct that the said
branch be used at church services until the church shall be built. Mr Whitefield is not yet
sailed on account of the present embargo, intending for Georgia by the way of
Philadelphia. He has collected a great deal of money for an orphan-house and the
Trustees apprehend the great house built by the servants under Mr Bradley's directions
might be a proper place, but he has a particular letter to you about the land for
endowment and the place for building it which he is to choose with your approbation. If
he should approve of this house there must be a valuation made at a reasonable price
towards reimbursing the Trustees the great expense thereof out of the money he has
collected; but if he does not approve of this house the Trustees desire you would inform
them if it will not be right to roof the same with a penthouse roof and shingles and

142 STATE PAPERS COLONIAL [267

underprop it by bricking from the foundation of the cellar and to let them know what
would be the expense thereof. And the Trustees direct that no additional buildings of Mr
Bradley 's at their expense be carried on. As the Trustees have now no public stores it is
recommended to you to consider of proper means to let their storehouses to private
persons for some income to be applied towards the support of the colony.

As all payments from the Trustees are in money to commence at Michaelmas next, the
Trustees not knowing what supply of flour and shoes might be in the colony [continues as
in no 266]. Copy of no 279 to John Brownfield enclosed. If you find that he is unwilling
to perform the duty required you are desired to recommend a fit person to be employed
as register that the accounts so much wanted from him may be expedited. The Trustees
having a great many servants at their expense in the province, they desire a particular
account of them from you with their names, ages and sexes and how employed, under the
execution of the instructions herewith sent for Mr Thomas Jones who is appointed
overseer of those in the northern part of the province and the like instructions sent to Mr
Hawkins for Samuel Davison who is appointed overseer of those in the southern part of
the province. And Samuel Holmes, brickmaker of Savannah, having applied for two
servants, if any should lie upon the Trustees who are not provided for by the estimates
herewith sent, or that may ease the Trustees from the expense if more than wanted for the
services intended for them, the Trustees consent to let Samuel Holmes have two in case he
will instruct them in the brickmaker's business but not otherwise. The Trustees desire
you would send them another return of the people in the province in the same manner as
you did in January 1737/8 and to continue so to do at least annually, and that you will let
them know the progress made towards the production of silk and wine or any other
produce which may in rime arise towards the reimbursing the charge of the province by
exports therefrom and also of the progress towards raising a sufficient maintenance for
the inhabitants, with an account of the forts, harbours and inlets to enable the Trustees to
satisfy the public for the annual charge the colony stands them in.

The Trustees have directed that the supplies you had from Gen Oglethorpe should not
be accounted part of the two sums of 2O/ and $ol they ordered you in their letter of 2 April
and have also provided in the estimate for the general charges of the colony z$l for your
services from Michaelmas last to Michaelmas next before the estimate herewith sent you
takes place; and in that you will find yourself rated at ioo/ a year by the office of secretary
and postmaster for yourself, clerk, etc from Michaelmas next. Copies of the estimates for
the general charges of the colony, the expenses of the northern and the expense of the
southern part thereof are herewith sent you, which please to communicate to Mr Thomas
Christie and Mr Thomas Jones who are appointed, or any two of you, to defray the
expenses thereof with the following funds sent in part thereof and the residue will be
defrayed by future funds in proper rime. The said funds now sent are as follows, viz 2
tons of copper halfpence bought by weight as by the invoice herewith sent appears, to be
paid by tale and the difference accounted for towards defraying the expenses of the
estimate and thereby the charge of sending them; 40 barrels of flour and 60 pairs of shoes
at the prime cost in the invoice; a bill of exchange on Mr George Saxby, deputy receiver of
HM's revenues in Charleston, South Carolina, drawn by John Hammerton for value
received of the Trustees here for the use of the Crown with a letter of advice thereof; and
I2OO/ value in their sola bills in a covered box directed to yourself no i and particularly
mentioned in the invoice which you are directed to cany to Gen Oglethorpe and desire
his endorsement of them under the writing on the back for yourself, Thomas Christie and
Thomas Jones, or any two of you, to issue them; and when you issue them or defray the
expense of the estimates as the same shall become due and payable, you are to be careful
to transmit accounts thereof signed by two of you, taking duplicated vouchers in two

267] AMERICA AND WEST INDIES 1739 *43

books, the one to keep and the other to send over from time to time with your accounts
by every opportunity and such vouchers are to specify the service each sum is paid for
agreeable to the expenses estimated, that you may be discharged and the Trustees enabled
to give a faithful account, and where sola bills are issued in payment there to specify in the
party's receipt the particulars of them issued for each payment.

The wives and children of the Trustees' servants and of any single womenservants to
the Trust, not being known in the northern part, could not be computed in the estimate,
but whatever saving as to the number of men provided for more than may happen to be in
the Trustees' service there will be a fund for the said women and children. And also all
other savings which may be made you are desired to give great attention to; but a proper
care must be taken of the beacon or lighthouse at Tybee to preserve it from falling after so
great an expense in raising it, the same having proved a very useful landmark for ships. If
there is not a proper pilot-boat at Tybee it must be provided, those used at Carolina are
judged the most proper sort; the same care, if wanting, must be at St Simons or Jekyll
Sound. And an Act is drawn for regulating the pilotage and the duty of pilots, for levying
a rate for the landmark at Tybee towards its support and for a powder duty for answering
signals; as also another relating to the tenure of the lands in Georgia, preserving the entail
in the male line of the body and providing for successors in failure thereof, both which it
is expected will soon, with the Trustees' approbation, be laid before HM for the royal
assent and will be transmitted: which Acts are the result of the Trustees' own
consideration before any representation was received from the inhabitants of Savannah.
Which representation having been duly considered, the Trustees have sent their answer
thereto under the seal of the corporation which you are to deliver to the magistracy for
them to give the Trustees' said answer to the complainants and 50 printed copies thereof
are sent you in the box no i to disperse among the inhabitants of the northern part of
Georgia, the like number having been sent Gen Oglethorpe to disperse among the
inhabitants of the southern part.

Mr Thomas Christie having served the office of recorder from the first settling of the
colony, he is directed by the Trustees to make up his copy of the proceedings of the
town-court to the time Mr William Williamson who succeeds him is sworn in, and then
you are to deliver Mr Christie his constitution appointing him first bailiff of Savannah in
the room of Henry Parker who is removed from the said office by the said constitution.
Mr William Williamson's constitution you are to deliver as soon as Mr Christie has
perfected his copy of the proceedings of the court to the time of Mr Williamson's taking
upon him the said office. You are to deliver Mr John Fallowfield his constitution
appointing him second bailiff of Savannah, and Mr Thomas Jones having been ordered
possession of the best forfeited lot at Savannah to qualify him to execute the office of third
bailiff, you are to deliver him his constitution appointing him to that office in the room of
Robert Gilbert who accepted the said office with reluctance as unfit for it. And you are
also to deliver Mr Jones his appointment to the office of overseer of the Trustees' servants
and his instructions for performing the said office. All which deeds, together with a grant,
counterpart, and memorial registered with the auditor of 500 acres of land to Kennedy
O'Brien of Augusta in Georgia, are in the said box directed to you no i, with several
letters particularly mentioned in the invoice. Mr O'Brien is to execute the said
counterpart and pay you il us 6d, the consideration money and charge of registering
with the auditor, before you deliver the said grant to him, which counterpart executed in
the presence of two witnesses you are to send back to the Trustees and account for the i/
1 15 6d in defraying the expenses of the estimates.

In the invoice herewith sent are contained several tools and materials for the Trustees'
servants which are to be distributed in proportion to the number of servants employed in

144 STATE PAPERS COLONIAL [268

each part of the province; and there are also contained presents for the Indians which are
to be distributed by Gen Oglethorpe's directions while in the province, and in his absence
(when occasion requires) by the directions of yourself, Mr Thomas Christie and Mr
Thomas Jones or any two of you. By the bill of lading and invoice herewith sent you will
see to whom every parcel belongs, which are to be applied and delivered accordingly. The
executors of Mr Paul Jenys having sent subsequent accounts to the certificate Mr Causton
signed which was sent back to them unpaid, and the committee of accounts having
compared them with the accounts of the said Paul Jenys lately received from Mr Causton
have reported 491/95 42 d due thereon which has been paid, and ordered copies of all the
said accounts with their observations of the differences between the said executors' and
Mr Causton's accounts to be sent to the commissioners for stating the public debts in
Georgia to examine into the articles stated by the said report, a copy of which report is
herewith sent you as also another to Mr Jones to whom the copies of the said accounts are
sent. Mr Henry Parker is also removed from being a commissioner in the said commission
for examining and stating the said public debts and Mr Thomas Christie is appointed in
his room, which appointment you are to deliver Mr Christie out of the said box no i . Mr
Causton has sent over his cash accounts from February 1735/6 to 16 October 1738 but the
Trustees by their letter from their secretary have referred him to the commissioners in
Georgia appointed to examine and state his whole accounts. The Trustees have appointed
Peter Emmery to be the pilot resident at Tybee who is ordered to have a lot of 50 acres of
land there, and his wife has leave to sell beer as also a licence to let her late husband's ,
Michael Germain's, house and lot as to her share thereof in her widow's right for any
term not exceeding seven years if she shall so long live; and the Trustees on her returning
to Georgia have advanced her io/ sterling to buy her necessaries which her husband is to
repay in Georgia, to be applied towards the expense of the estimates and for which you
have herewith her receipt. The Trustees direct that such of their servants who have no
land set out in the time of their service [continues as in no 258]. Entry. 52 pp. Enclosed:

267 i Invoice of halfpence, Indian goods, boxes and tools, on Two Brothers, Capt
William Thomson, consigned to William Stephens. Entry. 22 pp. [CO 5/667, pp
250-255, 265-267]

268 Harman Verelst to Rev William Norris. I have paid Capt Thomson for
J u |y 14 your draft and care is taken for the future punctual payment of your

:orgia ce Sa l ar y 5 which Mr Stephens will acquaint you of. The Trustees desire
you would send them a catalogue of what books are in Georgia. The Trustees have sent
you a pall for the use of burials at Frederica which Mr Hawkins will deliver, and when Mr
Whitefield is arrived (who goes by way of Philadelphia but is not sailed yet by reason of
the present embargo) he will deliver you a christening basin and eight brass candlesticks,
whereof two for the desk, to hold candles at evening public worship, which are for the use
of Frederica. Entry. \ p. [CO 5/667, p 267]

269 Same to Thomas Hawkins sending pall for use at Frederica; large
J ul 7 14 Common Prayer Book for use of minister there; bottle of salitrum

eorgia O fice seg( j s Qr ^ b] OO( iy fl ux an j two rece ip ts f or cure thereof; parcel,

letters and appointment of Samuel Davison to be overseer of Trustees' servants in
southern part of Georgia. Please make proper distribution. Entry. \ p. [CO 5/667, p 268]

270 Same to Elizabeth and Thomas Jenys acknowledging letter of 7 April
July 14 and accounts. Committee of accounts has stated balance to be 491 / 95

:orgia ce ^i^ wn j cn nas now j, een ^id to Messrs Smith, Bonovrier & Co for
your use. Entry, i p. [CO 5/667, pp 268-269]

AMERICA AND WEST INDIES 1739 145

271 Same to Kennedy O'Brien. Grant of 500 acres of land at Augusta will
J ul 7 14 be delivered to you by William Stephens on execution of the

Georgia Office counter p art an d payment of fee of i/ us 6d. Entry. \ p. [CO 5/667, p
269}

272 Same to William Williamson. The Trustees have named you recorder of
July 14 the town-court of Savannah at 2O/ a year, with 2O/ for a clerk and i2/ 35

Georgia Othce ^ Qr a servant) which will be paid in money from Michaelmas next.
Entry. \ p. [CO 5/667, p 270]

273 Same to Thomas Christie. The Trustees have promoted you to be first
J ul 7 14 bailiff of Savannah and commissioner for examining and stating the

public debts in Georgia in the room of Henry Parker. The salary is 3O/ a
year, besides 24/ 6s 8d for two servants, which will be paid in money from Michaelmas
next. You are, therefore, desired to send copies of the proceedings of the court, which
have not already been sent, to the time Mr Williamson shall be sworn in as recorder to
succeed you. Entry. 2 p. [CO 5/667, p 270]

274 Same to Samuel Davison. The Trustees have appointed you overseer of
July 14 their servants in the southern part of Georgia at a salary of 25/ a year

from Michaelmas next. Entry. % p. [CO 5/667, p 271]

275 Same to Rev John Martin Bolzius acknowledging letter of 14 March
J ul 7 14 last. The Trustees at present cannot think of sending over any more

:orgia O hce Salzburghers this year owing to lateness of the season and expense; but
you may rest satisfied of their pursuing all possible means for obtaining that end. Entry. \
p. [CO 5/667, p 271]

276 Same to Isaac Young. The Trustees have directed William Stephens to
J ul 7 14 inquire into the state of the vacant land you took possession of, that

:orgia O hce tnev mav ( J Q VQU wnat justice is in their power. They are much
concerned at the surveyor's not doing his duty. Entry. 2 p. [CO 5/667, p 272]

277 Same to James Abercromby acknowledging letter of 6 June after a very
J ul 7 14 quick passage. Trustees will readily defray expenses of execution of

lffice their commissions. Entry. \ p. [CO 5/667, p 273]

278 Same to Andrew Duche. In response to your proposals of 29 December
July 14 l ast the Trustees have sent materials to encourage you in the making of

porcelain. Send specimens of work to enable the Trustees to consider
the other part of your proposal. Entry. \ p. [CO 5/667, p 272]

279 Same to John Brownfield. The Trustees, not hearing from you concern-
July 14 m g the execution of your office of register of Georgia, desire to know if

Georgia Uthce y. QU naye any obstructions in the execution of it. And in order for the
ascertaining of quitrents payable by the inhabitants the Trustees desire an account of
every lot of 50 acres or under granted under Trust grants in Georgia, showing when and
to whom and by whom granted and who and by what means are the present occupiers,
and also an account of all other grants that have been registered in Georgia which have
passed the Trustees' seal in England to compare with the grants made here, and such

146 STATE PAPERS COLONIAL [280

account to show by whom and by what means each particular granted lot made under the
seal here is occupied. And the Trustees also require an account of all lots which have been
possessed under grants made either in Georgia or sent from England which have since
become vacant, if any so are, with the particular occasion thereof against each of such lots.
The Trustees have annexed a salary of 2O/ sterling a year to commence from Michaelmas
next to be paid to the register upon his transmitting an exact account of all the grants
pursuant to his instructions, which is to be paid by William Stephens, Thomas Christie
and Thomas Jones or any two of them, and if you will perform the said office as the
Trustees expect you will be entitled thereunto. Entry, i p. [CO 5/667, pp 273-274]

280 Patrick Grant to Trustees for Georgia. Being appointed by Gen

July 15 Oglethorpe naval officer and searcher concerning rum and other

spirituous liquors and contraband goods in the southern boundaries of

this province, I thought it my duty to acquaint you that there are considerable quantities

of foreign sugars and molasses imported here with a fraudulent intention of re-exporting

the same and to defraud the Crown of a part of its revenues contrary to Act for the better

securing and encouraging the trade of HM's sugar colonies in America by which it is

enacted that duties are to be paid for said goods; and therefore I have made my

application to you (as no duties have been as yet levied) in order to know your pleasure.

Signed, i p. Addressed. Endorsed, Reed. 2 November 1739. [CO 5/640, ff 34

281 Gen James Oglethorpe to Duke of Newcastle. That part of Georgia
July 16 where the Lower Creek national and the Choctaws live borders on the

C k

French settlements. The French have fallen upon some of those Indians
and the Indians have defended themselves and were preparing to attack the French. I find
I cannot prevent them by any other method than by going up myself amongst them and
set out tomorrow. There is a general assembly of all those Indian nations held to hear
what I have to propose. I shall insist upon their not making war with the French and hope
I shall succeed. I shall acquaint you with the event. Signed, i p. Endorsed, R, 5
November. [CO 5/654, ff 2i5-2i6d]

282 Same to Trustees for Georgia. I send you by Mr Auspurgur about 20
July 16 Ibs of silk. We hoped for five times the quantity but for want of room

we made use of the house where the silk people used to be and the
infection had such an effect (as Camus tells me) that it occasioned a sickness amongst the
worms which destroyed a great many. Some of the silk was wound last year but most this.
I hope we shall have better next. Several applications will be made to you for lands but I
hope you will make no new grants whatever till we can get those already granted in some
manner cultivated. There is one Talfeur, an apothecary-surgeon who gives physick, and
one Williams of whom I wrote to you formerly, a merchant who quitted planting to sell
rum. To these two almost all the town is in debt for physick and rum, and they have
raised a strong spirit to desire that lands may be alienable and then they would take the
lands for debts, monopolize the country and settle it with Negroes. They have a vast deal
of art and, if they think they cannot, they hope to bring confusions and you cannot
imagine how much uneasiness I have had here. I hope therefore that you will make no
alterations. I desire you will send over an appointment to the magistrates of the
town-court of Savannah for the time being to proceed to put the Rum Act into execution.
There is lately a considerable trade started up here and Mr Fallowfield, collector of
Savannah, and Mr Grant, naval officer and searcher at St Simons, vigilantly acquainted me
that they had discovered that there were some Spanish sugars imported here which I think

288] AMERICA AND WEST INDIES 1739 X 47

ought to pay a duty to the King. I ordered the two officers to write to you and hope you
will order proper lawyers to be consulted and send us advice what to do. The French and
Spaniards have used their utmost endeavours to raise disturbances amongst our Indians
and the not deciding clearly in the Act relating to them has given such insolence to the
Carolina traders that the Indians have declared, if I do not come up to them, they will arm
and do themselves justice, and have ordered a general assembly of all the nations to meet
me. I set out this night. Signed. 2 pp. Endorsed, Reed. 2 November 1739. [CO 5/640, ff

283 Minutes of Trustees for Georgia. Sealed memorial to SPG for allowance
July 18 o f j O / per annum to be paid to Rev William Norris, appointed

alace Court missionary at Frederica, until the Trustees can raise a sufficient
maintenance for him out of the lands for religious uses. Entry, f p. [CO 5/687, p 129;
entry of memorial in CO 5/670, p 413]

284 Commissioners for Trade and Plantations to Duke of Newcastle
July 19 enclosing the following. Entry. Signatories, Monson, M Bladen, James

Brudenell, R Plumer. i p. Enclosed:

284 i Whitehall, 19 July 1739. Same to the King enclosing the following. No
alteration from instructions to late Governor Horsey except omission of i3th article
and alteration of looth article relating to paper money. Entry. Signatories, as covering
letter. 15 pp.

284 ii Draft instructions to James Glen, governor of South Carolina. Entry. 82
pp. [CO 5/401, pp 334-419]

285 Thomas Hill to Francis Fane sending two Acts passed at New York in
July 19 1739, viz Act for reviving Act for granting duties for support of

government for one year and Act to revive Act to prevent swine from
running at large, for opinion in point of law. Entry, i p. [CO 5/1126, p 86]

286 Same to same sending nine Acts passed in New Jersey on 1 5 March last

July 19 f or opinion in point of law. Titles stated. Entry. ^\ pp. [CO 5/997, pp
Whitehall fi T _n

o IOJ

287 John Martin Bolzius to [PHenry Newman] soliciting help of Trustees
July 19 for Georgia towards cost of building his house, now completed at an

expense of 82/ 125. Gen Oglethorpe was here yesterday and is now gone
up to the Indian nations. He has paid 4O/ to the orphan-house and spent half a day
inquiring into the scandalous behaviour of the wife of the schoolmaster Ortman, who
himself is a great burden and not at all useful in the school. Gen Oglethorpe ordered that
he should not teach English by reason of his wrong pronunciation and mistakes in
spelling. Signed. 3 pp. Endorsed, Mr Verelst. [CO 5/640, ff 3 50-3 5 id]

288 Governor William Mathew to Commissioners for Trade and Planta-
July 20 t i ons sending minutes of Council of Nevis from 12 November 1738 to

ntigua I2 May 1739, and minutes of Council and Assembly of Montserrat for
quarter ending midsummer last. Signed, i small p. Endorsed, Reed. 27 September, Read
15 October 1739. [CO 152/23, ff 237, 237d, 242,

148 STATE PAPERS COLONIAL [289

289 Order of Committee of Council for Plantation Affairs referring the

July 24 enclosed to Commissioners for Trade and Plantations for examination
Whitehall an( j re p Ort ^eal. Signed, J Vernon. ii pp. Endorsed, Reed. 31 July,
Read i August 1739. Enclosed:

289 i Petition of John and Samuel Mason of New London, in behalf of chief
sachem and tribe of Mohegan Indians, to the King complaining of the determination
made by the Rhode Island commissioners of review of the dispute between
Connecticut and the Mohegans. Copy. j\ pp.

289 ii Petition of the major part of the Mohegans to the King stating their
grievances. Copy. 15 pp. [CO 5/1269, ff

290 Lieut-Governor David Dunbar to Commissioners for Trade and

July 25 Plantations. I am confined to the Fleet prison for part of my encumbr-
ances for making the new settlements abroad; and as in a long course of solicitation for
relief I find no prospect of any, I have lately petitioned Sir Robert Walpole for leave to
dispose of my employments to clear me from the encumbrances which they and my too
forward zeal have subjected me unto, and I hope you will not oppose it. Notwithstanding
my unhappy situation, though it may seem ridiculous in me, I think it my duty (as I am
not yet superseded in my commission as lieut-governor) to acquaint you that the province
of New Hampshire is in a very defenceless condition, the fort not in a condition to keep
cattle out, and all the gun-carriages quite rotten. In my time I never knew above two
barrels of powder in the fort at once and the few smallarms were quite unserviceable. The
French and Indians are near the back settlements of that province and I very much fear
you will soon have a melancholy account from that country. As I have taken notice in the
prints of warlike stores being shipped off to several of the plantations I hope I may be
excused putting you in mind of that province. Signed, i small p. Endorsed, Reed., Read 26
July 1739. [CO 5/881, ff 91, 9id, 95,

291 Minutes of Trustees for Georgia. Read Act for appointing and regulat-
July 25 m g pilots in Georgia and for laying duties on ships and vessel to be

Palace Court pi i oted Ordered that the Act be engrossed and sealed. Entry, i p. [CO
5/687, p 130]

292 William Stephens to Trustees for Georgia. Your commands, which I
July 25 received from Mr Verelst, of 2 April were so expressive and full in many

Savannah particulars that they demanded my utmost attention in frequent perusal
and all possible regard to be shown in observing them. How far it has lain in my power to
act conformable to those orders it behoves me now to unfold as far as my knowledge will
inform me. I cannot but take notice that the directions at this time received by me appear
to be a continuation and (in a great measure) enforcement of those formerly sent to Mr
Parker and me relating to the issues of stores with divers enlargements of such rules as we
were to act by. I hope on this occasion I may ask leave to refer to my former letters and
journals which I wrote in October last, wherein I laid before you the measures which the
general saw proper to take in such an exigence, when Mr Jones received from him such
rules as I must presume were requisite on that important occasion which I was
unacquainted with. Wherefore Mr Parker and I thought it became us not to appear too
officious in meddling with what we could not understand and for that reason might
probably err from the purposes the general had formed to reduce matters into good order
again in time coming. Mr Jones then had full possession of all and thenceforth appeared
not to stand in need of any assistance excepting only in cases of some few necessitous

292] AMERICA AND WEST INDIES 1/39 J 49

craving people whose importuning would sometimes reduce him to advise with us how
far their circumstances (which he was stranger to) entitled them to relief. The stores grew
scanty apace by reason of so many large demands of divers creditors and in some few
months became quite exhausted, from which time we have been put to hard shifts how to
feed your own servants who are pretty numerous by killing now and then two or three
hens at a time which has been delivered out fresh, and then all such as had any pretence of
claim have also been urgent for a little to help them, having no other market to go to and
very few any money to buy if there was, which has frequently been attended with such
hardships as cannot but be expected. Nevertheless, the people in general, being inured by
degrees to bear them, have with patience truly commendable rubbed on in confidence of
seeing a better face of affairs hereafter, whilst they of another disposition, always most
clamorous though less worth regarding, have sought for better fare in another province
where I am mistaken if they find they can support themselves better unless they take more
pains to live by their labour than they used here.

From what I have now wrote as well as formerly hinted you will please to observe that
very little of what is done at the stores has fallen within my cognizance or Mr Parker's,
which I humbly hope will not be imputed to me as a neglect of duty for what is past or a
studied endeavour to avoid what you seem to expect from us at present, for (to speak my
mind freely) your storekeeper appears so well fortified in his post that I presume he
would not readily admit of any diminution of his authority, which nevertheless shall not
deter me from putting him in mind of making up his accounts monthly in the manner you
direct and in like manner signify your pleasure to the storekeeper at Frederica. In my last
of 22 June to Mr Verelst I gave a full narration of what was done in relation to those bills
which you were pleased to direct us to take joint charge of upon ourselves and account for
what services and to whom they were issued. But as it was thought needless since, I can
assure myself no blame will rest upon such as never declined it. I promise myself that due
care will be taken in executing the commission given in charge to the persons therein
named pursuant to the instructions therewith sent, which could not well be entered upon
immediately till the general's leaving us gave a vacancy of more time; but now we shall no
longer delay it (as Mr Jones tells me) intending first to begin with the certificates and
principally with what relates to Mr Jenys, and our procedures therein you shall from time
to time be as fully informed in as I am capable of. I shall make it my care in conjunction
with the first and second bailiffs of Savannah to approve a proper overseer of the Trust's
servants under such qualifications as directed as soon as we can come at them; but there is
no step yet taken by Mr Bradley to deliver up those under his charge nor anything else of
the Trust's goods or effects in his hands, notwithstanding his being absolutely discharged
from your service as you inform me. It must be acknowledged indeed that he has been
lately very likely to die in a dangerous sickness, wherefore we expect on his going abroad
again that he will comply in what is required or other measures must undoubtedly be
taken. As soon as those servants can possibly be brought under that regulation now
designed I shall transmit such a list as you expect of the whole number in such classes as
may show what they are employed about together with the times of service to which they
are severally and respectively engaged, when I shall likewise endeavour to learn for your
information what will be the expense fully to maintain such by the week in victuals and
clothes for the purpose thereby intended. What I have wrote I am sensible will appear
rather an account of what I have not done, with the reasons why, than what I have which
I hope will be the subject of my next, wherefore I must wish that my journal, herewith
sent, may supply the room of what I have else to offer. But I must not omit to
acknowledge with all due gratitude the bounty you were so good to allot me of 5O/ to be
paid to me in consideration of those misfortunes that had befallen me as specified in Mr

150 STATE PAPERS COLONIAL [293

Verelst's letter of 2 April and which, by order from the general, Mr Francis Moore paid
me soon after the general left us, he staying here yet by the general's appointment to
execute such orders as I presume he was charged with; but what they were or how long
his abode is to continue with us I know not. Signed. 3 small pp. Endorsed, Reed. 5
October 1739. [CO 5/640, ff 3 5 2-3 5 3d]

293 Governor William Mathew to Commissioners for Trade and Planta-
July 26 tions sending three Acts passed in Antigua, viz for making free two
Antigua Negro men slaves and rewarding them; for raising a tax for paying

public debts; to prevent sailors from deserting and making extravagant demands. Signed.
i small p. Endorsed, Reed. 4 October, Read 15 October 1739. [CO 152/23, ff 236, 236d,
243, 243d]

294 William Stephens to Harman Verelst. I had just made an end of my
July 26 letter to the board yesterday in the evening when by a boat belonging to

Savannah ^^ pj ace fa^ re turned from Charleston I received a packet sent me by
the attorney-general which he had on the arrival of the Prince Galley, Capt Bowles,
wherein I found letters for the general and many others which I took due care of,
delivering such as belonged to his excellency to his secretary, Mr Moore, and those to
other people would likewise be given them safely. Among others I can never forget two
that you was so kind to write of 27 April and 10 May signifying to me the kind and
generous regard the Trustees were so good unanimously to show to me and my future
support when it came under their deliberation, which (you will believe) was matter of
great comfort to me; and your kind manner of acquainting me with it plainly discovered
such a friendly goodwill of the writer that it added very much to the pleasure. I can only
desire that they will continue the same kind opinion of me and be persuaded firmly of my
utmost endeavours to render my future service as far as possible adequate to their favours.
The public have reason sufficient also to be sensible of the benefit intended them by a
further addition in the Act now framing of liberty to all such as have no issue living of
their own to appoint any other person their successor under those restrictions named,
which surely must put an end to all future pretence of uneasiness about their tenure. And
as for the Negroes I always thought it an impudent attempt to subvert the original
constitution of the colony in all such as nothing less would please; but there are few left
now hardy enough to dwell upon that any longer, and I think under those marks of
indulgence so evidently shown we shall at last grow wiser and quickly betake ourselves to
such industry and labour as most undoubtedly ought to be the view of all such as come to
live here.

By the same packet I also received copy of the commission sent in your former
together with copy of the instructions sent with it, as also copy of your letter of 2 April
whereto you have now added (under date of 27 April) copy of an account betwixt Messrs
Montaigut and Causton wherein sundry particulars are referred to which ought to be well
examined, and as we are now entering on that work it may be expected due regard will be
had to it. From hence I flatter myself a good understanding may be again renewed betwixt
Mr Jones and me and that, laying aside all evil surmises, he will no longer estrange himself
in the manner he lately did but that this conjunction in matters of such inquiry as is
appointed us will produce a coalition in sentiment and an open freedom in conversation
which will best lead us into a right discernment of what justice is due to the Trust. For my
part I shall make all proper advancements towards it and will not allow myself to think
too hardly of him who possibly of late may be better advised; but really (betwixt you and
I) he is the roughest blade I ever had to do with in my whole life. I would choose to defer

296] AMERICA AND WEST INDIES 1/39 151

writing anything concerning the 5oo-acre grant, whether it be of that which Watson had
or that other at the mouth of Vernon River, till the general returns with whom I ought to
confer, but I am sensible of the kind intention of the Trust therein which I desire
thankfully to acknowledge. My son being the bearer of this, I think I may therefore
shorten my letter without rambling into affairs not immediately necessary to be spoke to.
Whatever you will please to ask him that he is capable of informing you in, I know he will
not make better or worse than he thinks, wherein he may possibly be too blunt and
unguarded; but it proceeds from an open heart without disguise. I should be sorry to part
with him did I not hope a few months will bring us together again and that he will then
return easy in his thoughts relating to his future continuance here as well as restored to
bodily ease and strength which has been somewhat impaired a while since. It is indeed the
season of the year wherein he can best be spared from attending the works of the field,
and though it puts me to some inconvenience to want him in another capacity I hope I
shall make shift to get that supplied as carefully and warily as possible so that there be no
defect in that part of the service. Signed. i pp. Addressed. Endorsed, Reed. 5 October
1739. [CO 5/640, ff 3 54-3 5 5d]

295 Commissioners for Trade and Plantations to Committee of Privy

I; 7 .. Council reporting on Lord Fairfax's disputed claim to lands in Virginia.
Three grants were made by the Crown, in i Charles II, in 21 Charles II,
and in 4 James II. Dispute between the Crown and Lord Fairfax, who claimed under Lord
Culpepper, began in 1705: it was revived in 1733 and an order made by HM in Council
for a survey by commissioners to be appointed by the lieut-governor of Virginia and Lord
Fairfax. The two parties appointed different sets of commissioners and in different terms.
The Crown commissioners reported four distinct constructions of Lord Fairfax's grant,
the most ample giving him more than five million acres. Lord Fairfax's commissioners
also made a report and we have heard both parties by counsel. Our own observations are:
that there was a difference in the two commissions, the governor's seeming to exceed and
Lord Fairfax's to fall something short of the words in the Order in Council, though in all
probability no decision of this matter in Virginia could have been final till it should have
received HM's determination; that notwithstanding this difference both parties pro-
ceeded upon their survey and the maps returned by them to this board agree almost in
every particular as to the course of the rivers. The first grant of land made by Lord
Culpepper was in 1686, the first by the Crown in 1705. The dispute turns chiefly on the
construction of the words of the patent on which counsel for each side has made
submissions. Whatever boundary HM shall fix we advise that persons already seated in
that district by grants from the government of Virginia may not be disturbed or molested.
Entry. Signatories, Monson, T Pelham, M Bladen, R Plumer. 21 pp. [CO 5/1366, pp
301-322; draft in CO 5/1335, ff

296 Order of Committee of Council for Plantation Affairs referring drafts

J"|y j* 1 of instructions prepared for James Glen, governor of South Carolina,

back to Commissioners for Trade and Plantations to reconsider in the

light of enclosed material. Seal. Signed, James Vernon. i p. Endorsed, Reed., Read 2

August 1739. Enclosed:

296 i Memorial of Jame Glen to Committee for Plantation Affairs. That it may be
of service to have i3th article of instructions further explained, it having raised such
disputes between the two Houses that they have twice broken up without passing the
tax bill for the current service of the year. That there being no house for the governor,
it may be proper to permit him to accept of an allowance as in Barbados, and likewise

152 STATE PAPERS COLONIAL [297

to recommend to the Assembly that his salary be in proportion to their present
flourishing condition. That it be recommended to the governor to take care that the
forces under Mr Oglethorpe's command be quartered agreeable to the laws of the
province so as to be least burdensome to the people there and in such places as he with
the advice of Council shall judge most for the security of the province. That the last
clause in the 99th article of the instructions be left out, it not being agreeable to your
order nor at all required by the list instruction. Copy. \ p. Endorsed, as covering
letter. [CO 5/367, ff 32-35]

297 Same referring to Commissioners for Trade and Plantations an Act

July 31 prepared by the Trustees for Georgia for regulating pilots, laying duty

Whitehall Qn sm 'pp m g ) a nd laying another duty on shipping for repair of beacon

on Tybee Island, for examination and report. Seal. Signed, James Vernon. i p. Endorsed,

Reed. 2 August, Read 3 August 1739. [CO 5/367, ff 4i-

298 Same referring the enclosed to Commissioners for Trade and Planta-

July 31 tions. Seal. Signed, James Vernon. i p. Endorsed, Reed., Read 2 August

1739. Enclosed:

298 i Petition of Henry McCulloh, controller of quitrents in North and South
Carolina, to the King, praying for instructions to be sent to the governors concerned
agreeable to the i6th instruction to petitioner and to aid and protect him in his office,
and that he should be made a member extraordinary of the Councils of both
provinces. Signed. i| pp.

298 ii 1 5th instruction to the controller: persons petitioning for land to prove
their right before Governor and Council. i6th instruction: grants to be made in due
form. Copy. 2 pp. [CO 5/367, ff 37~4od]

299 Same referring the two enclosed petitions to Commissioners for Trade
July 31 and Plantations. Seal. Signed, Tames Vernon. i p. Endorsed, Reed. \

\Y/V i 1 1 " *

August, Read 9 August 1739. Enclosed:

299 i Petition of John North and others, all Protestant subjects, late of Ireland,
to the King, complaining of Governor Belcher's conduct in not countenancing
settlement on St George's River in New England. Signed, John North and 212 others.
15 large pp. Endorsed, 18 July 1739, referred to the Committee; 2 August 1739,
referred to Board of Trade. Reed. 3 August with Order of Committee of Council.

299 ii Affidavit, sworn at Cork on 26 December 1738, by William Douse of
Ireland. He accompanied Mr Waldo to St George's River in 1736. There were then no
settlements above the lowest falls. Settlement was confined to the western branch
below the falls and to the western side of St George's. There were several upper falls.
Signed, W Douse, A Newman, magistrate, i p.

299 iii Boston, 18 April 1739. Certificate by Governor Belcher that Josiah
Willard is secretary of Massachusetts and Joseph Allen a JP for Essex County. Signed.
Countersigned, Simon Frost, deputy secretary, i p.

299 iv Boston, 27 June 1687. Instructions by governor of Massachusetts to
Ensign Joshua Pymon, commander at Pemaquid, to visit Penobscot, make friends
with Indians there, and appoint a constable. Copy, certified by J Willard. 12 pp.

299 v Pemaquid, 21 July 1693. Truce between English and Indians. Copy,
certified as no 299^. Signatories, Medocuando and eleven other Indians, i p.

299 vi Fort William Henry, Pemaquid, n August 1693. Declaration by Gov-
ernor Sir William Phips that Indians of Penobscot, Kennebec, and other rivers in

302] AMERICA AND WEST INDIES 1/39 J 53

Massachusetts have voluntarily subjected themselves to Crown of England. Copy,
certified as no 299^. 25 pp.

299 vii Affidavit, sworn on 14 April 1739, by Andrew Robinson of Cape Ann.
He went up St George's River in 1 73 5 as far as the great fall. Settlements of tenants of
Samuel Waldo on said river did not extend above lowest fall. Signed, Andrew
Robinson, Joseph Allen, JP. f p.

299 viii Affidavit, sworn on 18 December 1738, by John Tufton Mason of
Boston. He was at St George's River seven years ago and knows it and branches well.
There are several falls above the lower falls, to which Mr Waldo's settlement is
confined. Annexed plan is true description. Signed, John Tufton Mason, W Kenaston.
i 5 pp.

299 ix Affidavit, sworn on 14 July 1739, by James Woodside the younger, late of
Pemaquid. Mr Waldo's tenants were prevented by Indians from settling above lower
falls of St George's River in 1736. Governor Belcher refused to countenance
settlement which exposed it to Indian insult when it might have been barrier for other
eastern settlements. Signed, James Woodside, Francis Eld. i| pp.

299 x Affidavit, sworn on 14 July 1739, by Samuel Waldo of Boston. His
settlement on St George's River has been frustrated by Governor Belcher and may be
broken up in event of French war. Signed, S Waldo, Francis Eld. 12 pp.

299 xi Petition of James Woodside, clerk, agent for HM's Protestant subjects
settled in eastern parts of New England, to Committee of Privy Council praying that
complaints against Governor Belcher for withdrawing protection from settlers on St
George's River be heard. Signed. Annotated, Reed. 3 August 1739, with Order of
Committee of 31 July 1739. i p. Endorsed, Map annexed to these papers is pasted in
bundle of maps. [CO 5/881, ff 97-1 i2d; nos 299n-x are not mentioned in covering
document and may be filed here for convenience; no 299! is in disrepair]

300 Same referring the enclosed to Commissioners for Trade and Planta-
July 31 tions. Seal. Signed, James Vernon. i p. Endorsed, Reed. 3 August, Read

8 August 1739. Enclosed:

300 i 20 June 1739. Memorial of Joseph Gulston, merchant and contractor for
supplying masts for the Royal Navy, Benning Wentworth, Richard Chapman and
John Thomlinson, merchants, in behalf of themselves and others trading to New
Hampshire, to Duke of Newcastle, representing the defenceless state of New
Hampshire. Copy, i p. [CO 5/881, ff

301 Undated letter from John Fallowfield to Trustees for Georgia. As a
[My] public officer and collector for this port of Savannah I think it a duty to

acquaint you of the frequent importation of Spanish sugars and other foreign goods; and
as this place is esteemed by most people in America to be free from duty renders HM's
revenue to be little worth and consequently occasions large quantities brought in. Not
having instructions from you I have taken bond for 8260 wt imported in the sloop Unity,
the property of Caleb Davis and Jemitt Cobley. I should therefore beg you would
transmit me your orders in this affair that I may for the future know how to govern
myself and whether I may with safety put such bonds in execution or no. Signed, f p.
Endorsed, Reed. 2 November 1739. [CO 5/640, ff 369-3 7od]

302 Governor William Mathew to Duke of Newcastle acknowledging letter
August 1 of 1 5 June enclosing HM's warrant for making reprisals on the
Antigua Spaniards. They came to hand 27th instant by Capt Boscawen. HM's

154 STATE PAPERS COLONIAL [303

orders are published and we are putting ourselves in the best posture of defence our little
strength will permit. My great apprehensions are for St Christopher's where there is
hitherto neither discipline nor good inclination to defend themselves. As there came with
these orders no signification of HM's pleasures how prizes are to be disposed of I believe
no one will be at the expense to fit out privateers. I formerly entreated your protection of
us and prayed for several supplies we then were and still are in utmost want of. Give me
leave to renew those entreaties to you and please to hear our agents favourably on them. If
HM was pleased to order the taking and keeping of Cartagena or settling in the Gulf of
Darien, the Spaniards would sooner be reduced to a carte blanche than by anything that
might be done at Havana, Vera Cruz or anywhere else in America. Signed. i| pp.
Endorsed, R, 5 November. [CO 152/44, ff 134-1

303 Lieut-Governor William Gooch to Commissioners for Trade and

August 1 Plantations enclosing accounts of quitrents and zs per hogshead. It
being impossible, as the collection is at present almost all of it in cash, to
finish the account of quitrents sooner, I presumed not sending the one until the other was
perfected would not be deemed a delay. Two days since, I received an express from the
governor of New York with a letter for Mr Oglethorpe and another for the governor of
South Carolina, which I immediately sent away, informing us that the French had set an
expedition on foot against the Southern Indians, as you will see at large in the enclosed
copy of a letter from the commissioners at Albany to Mr Clarke. I have given intelligence
of this to all our Indians and to our frontier inhabitants, that they may be upon their
guard though when I consider the distance these invaders have to march I can hardly
credit the report. Signed. i\ small pp. Endorsed, Reed. 18 September, Read 18 October
1739. Enclosed:

303 i Extract of letter, dated 1 3 July 1739, from commissioners for Indian affairs
at Albany to Lieut-Governor Clarke, which he sent to the governor of Virginia. We
are informed that the French have sent out an army from Montreal of about 200
French and 500 Indians who are to be enforced by French and Indians on their
journey. By the information we have on diligent inquiry this army is designed against
Indians who are now in friendship with HM's subjects of Virginia and Georgia and
now trade with them or with traders from thence: they are situated on some of the
southwest branches of Mississippi River. A Frenchman who was redeemed by Mr
Oglethorpe (having been taken by those Indians), and furnished with a pass and
money to go back to Canada, passed by this place last spring and is gone with this
army we suppose to direct them to the habitations of those Indians. We hope you will
think it for HM's service to acquaint the governors of Virginia and Georgia of this
intended expedition against their friend-Indians, that they may be on their guard to
withstand the French army, for if they should be surprised, subdued, and extirpated
by the French it would strike a terror in all the Indians on the continent and in process
of time induce them to join the French against HM's subjects. As this is an affair of
great consequence to the French if they should be disappointed in this their great
enterprise, it is certainly much more so to us if they should succeed and destroy said
Indians. Wherefore we hope you will be pleased to give timely intelligence of this
intended expedition. We are told some of our Six Nations join the French although
several had given their promises not to engage with them. Copy, ig small pp.

303 ii Account of HM's revenue of 25 per hogshead arising within Virginia, 25
October 1738 to 25 April 1739. Signed, John Grymes, receiver-general. Audited, 5
May 1739, by John Blair, deputy auditor. Passed in Council, 5 May 1739, by William
Gooch. 2 pp.

308] AMERICA AND WEST INDIES 1/39 155

303 iii Account of HM's revenue of quitrents arising within Virginia, 25 April
1738 to 25 April 1739. Signed, as no 303^. Audited, 31 July 1739, as no 303^ Passed in
Council, 31 July 1739, as no 303^. 4 pp. [CO 5/1324, ff

304 Order of Privy Council confirming twelve Acts passed in Massa-

August 2 chusetts in 1735, 1736 and 1737. Copy, certified by W Sharpe. 25 pp.
Whitehall Endorsed, Reed. 22 September, Read 16 October 1740. [CO 5/882,

305 Commissioners for Trade and Plantations to Lords of Treasury ack-
August 2 nowledging letter of 4 July from Mr Scrope and petition of Richard

Shelton. He was secretary of late lords proprietors of the Bahamas for
30 years and has great arrears of salary owing to him. As agent of the proprietors he spent
a good deal of time in negotiating the Crown's purchase. We recommend him as a person
deserving HM's bounty. Entry. Signatories, Monson, T Pelham, M Bladen, R Plumer. i|
pp. [CO 24/1, pp 328, 329]

306 Petition of Chaloner Jackson to Commissioners for Trade and Planta-
August 2 tions. The evidence to support his complaint against Governor Fitzwil-

liam has not yet been sent to the Committee of Council for Plantation Affairs in
compliance with Order of 23 January last. Prays that it may now be sent. 14 pp. Endorsed,
Reed., Read 2 August 1739. [CO 23/4, ff 65,

307 Commissioners for Trade and Plantations to Committee of Privy
August 3 Council. Pursuant to Order of 14 June last we have considered the

petition of Andrew Lesley and others against an Act lately passed in
Antigua to reduce the rate of interest. It does not appear to us that the persons who
petition against the Act are either planters or agents for the planters. The planters
themselves do not express any apprehension that they shall not be able to borrow money
now at the rate established by this Act. Many persons, however, who have money to put
out at interest dislike it though others approve of it and have actually lent money at 6 per
cent. But as the transition from 10 to 6 per cent at once, whilst the interest still remains at
8 per cent in the other British islands in the neighbourhood of Antigua, seems to be a
doubtful experiment, and as there was a difference in opinion in this point amongst the
merchants of London who attended at the hearing, we are of opinion that the Act may lie
by for some time till its effect shall be better known, it having been in force only since
October last. Entry. Signatories, Monson, T Pelham, M Bladen, James Brudenell, R
Plumer. 2 pp. [CO 153/16, pp 161-162]

308 Thomas Christie to Trustees for Georgia. My long silence, together
August 3 with this happy opportunity of writing by the ship St Francis, calls

upon me to say something although I assure you my life has been a
whole scene of action since I came into this colony insomuch that I have not time to
procure myself the necessities of life, much more write. Indeed the general promises to
send me to you with some despatches of consequence on his return from the Indian
nation when I shall bring with me a copy of the court-proceedings of Savannah to that
time, together with the reason for not being able to send them sooner.

Mr William Stephens has promised to send you by his son who goes by this ship a
particular account of a barbarous murder committed here in a small sloop lying before
this town upon the body of one Hugh Watson, formerly a good servant to one Mr

156 STATE PAPERS COLONIAL [309

Thomas Bayley of this place; notwithstanding, you will excuse me if I give you some little
relation of it. The body of this man was discovered floating almost by the vessel's side the
5th of July inst when immediately it was taken up by the coroner's order and a jury of
inquest sat thereon. [. . .J 1 it was remarked that some person on shore told the master and
sailors of the said vessel of the said body so floating by them to take him [out or] stop it
but they answered they would breakfast first. The deceased was reported to have fell
overboard endeavouring to go on shore and slipped between the vessel and the boat that
lay alongside the vessel and was unfortunately drowned; and this was the constant plea of
the master of the said sloop called the Unity, Capt Henry Brixe, Henry Cozens and John
Levit, mariners. The mate, John Midlehurst, who appeared by all the rest of the evidence
and their own confession to be asleep the time the murder was committed, was evidence
for the King and most ingenuously [MS: ingeniously] discovered (as appeared to us) all he
knew both before and after he was said to be asleep. The murder was committed a
Tuesday about 1 1 or 12 at night, being 3rd July, and the body was found floating the 5th
instant [ie ult] about two in the afternoon when a jury of inquest was immediately
summoned. All the surgeons in town were sent for, the body duly inspected, the wounds
probed, and the witnesses examined. They immediately searched the vessel and found a
beef [knife?] with which the body appeared to have been wounded. The wounds were in
all nine, four in his side at [equal?] distances, one in the bend of the arm but missed the
chief [artery?], several bruises on his head, and his back fresh whipped . . . lashes done by
a rope or cane in a severe manner, two in the right hand, two in the arm, and one in the
palm of the hand. The coroner's inquest found a bill for murder. But one Lewis Jones,
who appeared to be a principal concerned in the said murder and together with the
captain had very high words with the deceased, had made his escape towards Carolina and
although a warrant was immediately issued out against him with 5O/ Carolina money
reward he is not yet taken. The general was at the southward when this happened but was
here when they were tried and gave his advice as to the execution. In short Brixe, the
master of the sloop, Lewis Jones, Henry Cozens and John Levit were indicted by the
grand jury for this town and county and the bill brought against them for wilfully and
with malice aforethought murdering the said Henry Watson. They were at the said court
legally tried and convicted of the same in a very lawful and decent manner. The i9th they
received sentence except Jones who had fled, and this day Brixe and Cozens who
appeared guilty and most assisting in the murder was hanged upon the strand over against
the place the murder was committed. Levit, who was almost dying and was sick when the
affair was acted and indeed was least criminal, by the advice of the general was reprieved
for two months so that in that time we expect to apprehend Jones who it is believed will
make a full discovery of the particular circumstances of the said murder. I am so broke in
upon by public business that I must beg leave to conclude. Signed. 2 pp. Addressed.
Endorsed, Reed. 5 October 1739. [CO 5/640, ff 35

309 Thomas Jones to Harman Verelst. Capt Turnell arriving here in his way

August 3 from Havana for England and intending to sail hence this evening, have

only time to acquaint you that on 22 July a pettiager from Charleston

brought here the goods sent per Capt Harramond (as per invoice and bill of lading dated

in London 3 1 March 1739). They were ordered by Col Stephens to be taken into the store

(enclosed have sent the depositions of the people that viewed them). I was then at

Frederica: the occasion of my going thither I have more fully set forth by a letter which

shall send you per the first opportunity by the way of Charleston; but understanding that

'MS damaged: one or two words missing in this and some subsequent lines.

309] AMERICA AND WEST INDIES 1739 157

Mr Thomas Stephens designs to go by this ship for England, and having had many
instances of late to convince me that Col Stephens and his son have little regard to truth in
what they say and write since Mr Causton has had their confidence, I shall give this brief
account of the rise of this close intimacy that has subsisted for three months past between
them, Mr Causton, Mr Parker, Mercer, Minas, and some others of less note. Mr Thomas
Stephens was Col Cochran's factor or agent to dispose of his wines, etc at Savannah and is
his attorney to act for him in his absence. The wines were kept in the cellar under the
Trustees' house where Mr Bradley has lived since October last: the cellar was fitted up by
Mr Causton's order for that purpose in June and those wines which Mr Causton had
bought of the colonel for the Trustees' use remained there under Mr Stephens's care, he
having the keys of the cellar. Mr Stephens had often shown great uneasiness when I have
(at his father's house) talked about the inconveniences that would attend the employing of
Negro servants in this colony (which he was very desirous of) and was much offended at
my officiousness (as he called it in other company) in inquiring into the affair of killing
the Trustees' cattle, and with a great deal of warmth asked me why I did not swear away
their lives or words to that effect, and ever after when I went to his father's he would
immediately go out of the house with a seeming resentment. The colonel (when I took
notice of it) used to say he could not help his obstinate temper which was great grief to
him. In April last, after Col Cochran went for England and that Mr Stephens had sold all
his wines, I desired him (his father present) to give me the keys of the cellar that I might
take care of the Trustees' wine, which he refused to do saying he would give the keys to
Mr Bradley. I told him that if he had any doubt who the keys belonged to I would send
for Mr Bradley and that he might deliver them to me in his presence. His father advised
him to do so but he would not comply, only saying that I might take the wines out of the
cellar if I pleased but should not have the keys. (Mrs Camuse wanted to have part of the
cellar to preserve the silkworms in, which has been since fitted up for that purpose). I
several times after desired Col Stephens to persuade his son to a compliance with my
request but he told me that he could not prevail with him. The colonel agreed with me in
opinion that if the keys were delivered to Bradley he would soon dispose of the wines as
his own.

I found it necessary to write to his excellency about the affair. Col Stephens was not
then at home: I entertained that opinion of the colonel's integrity and his good intentions
for the Trustees' interests that I had transacted nothing nor had writ to the general about
any affair or sent any letter to the Trustees or yourself but had first communicated the
same to him lest I should be mistaken in any account I gave of matters. I received the
general's letter, a copy whereof I have (with his leave) sent herewith, on 1 5 May and also a
letter directed to Col Stephens and another to Mr Parker who were then out of town. On
1 9th they returned at which time I gave them their letters. When I delivered Col Stephens
his letter I desired he would not read his letter until I had read unto him a copy of what I
had writ to the general, which should have shown him before I had sent it had he been
then in town. I read the copy of my letter. He said he was sorry that I had been obliged to
tell the general but I knew his son's stubborn temper. On Monday list Col Stephens
desired me to attend the magistrates at Penrose's. When I came Mr Parker told me that he
had received a letter from the general whereby he understood that I had complained of
some persons refusing to give me possession of the Trustees' wines in their cellar and
asked me who those persons were. I answered Mr Thomas Stephens has the keys and the
wines are in his cellar but he hath hitherto refused to deliver me the key. Mr Parker asked
me By what authority do you demand them? You told the general that you were refused
by persons and now you only mention one, Mr Thomas Stephens, whereby it plainly
appears you told a falsehood. I replied that what I writ to the general was the same that I

158 STATE PAPERS COLONIAL [310

now declared and would appeal to Col Stephens who had seen a copy of what I had writ.
The colonel said (to my great surprise) that I had never shown him any such thing nor did
he know what I had writ, whereupon his son held his fist doubled at my face and said that
he charged me with writing a parcel of lies and falsehoods to the general. I was treated by
Mr Parker and Mr Christie like a criminal and with reproachful language but at length
they advised Mr Stephens to deliver me the keys.

I could not obtain from Mr Causton any establishment for allowances of provisions,
etc made by the Trustees to magistrates and others, therefore had desired Col Stephens,
Mr Parker and Mr Christie to inform me what their annual allowances were, which they
did but produced no letters or order for the same from the Trustees. Col Stephens gave
me in writing an account of the species of provisions which he was to receive yearly for
himself and two others and also for ten servants which in the whole amounted to the
value of 56/5 and said the Trustees were to pay him yearly $ol in money, in all io6/ per
annum, and that his year commenced from i November last past. He hath but five
servants but expects the allowance of provisions made by the Trustees for ten. He had
often complained to me (which complaints I was told, has made to others at the public
houses) of his hard usage and that the Trustees kept him bare of money. I therefore
advanced him about 4/ of my own money before I had any cash from the general on
account of the Trustees and paid him before his first half-year was expired z$l in money
and he had issues out of the store for himself and son about 6$l, in all 9O/ before I had writ
to the general for his instructions. Mr Parker said that the Trustees had promised to allow
him provisions and clothing for 7 heads (German servants) and that he had 2 servants that
are orphans, in all 9 at 5/ per annum each, which with io/ per year for himself as
magistrate made 55/ per annum. Mr Christie said that the Trustees had sent him two
servants (whose indentures he had sold) which they promised to allow provisions and
clothing to, and io/ for himself as magistrate. I sent the general an account of their
demands and what they had received in issues out of the store since 20 October last. Mr
Parker had then received about 45/, Mr Christie 2$l. What either of them stood indebted
by any former account to the Trustees I could not come at any certain knowledge of. You
will observe the directions given me in the 2nd and 8th paragraphs of the general's letter,
which last I communicated to Col Stephens, Mr Parker and Mr Christie, and has been the
occasion of many extraordinary undertakings and contrivances, most of which have
issued to their reproach and shame hitherto. I hope the general, when he returns from the
Indian nation, will acquaint the Trustees with the conduct of those gentlemen whom I
have beforementioned as well as some others. I am in daily expectation that their honours
will send over some person to take care of their effects here which I am incapable of
doing. The boat is going off and I cannot add but that, etc. Signed, 3 pp. Endorsed, Reed.
5 October 1739. [CO 5/640, ff

310 Governor Jonathan Belcher to Commissioners for Trade and

August 4 Plantations. I have not the honour of any from you since your letter of
io August last which I answered in its due course; and I now find lying
with you mine of August 29, September 26, December 20, and January 21 and 23 last past,
and should greatly esteem the honour of your answer to these letters, as also to those you
owned the receipt of in your letter abovementioned and then gave me to hope I should
soon have particular answers to them. You will find on a review of my letters many things
in them that nearly affect HM's honour and service as well as the welfare of the people. I
would therefore again pray you would as soon as conveniently may be give me your
answers and opinion on the several heads I have wrote. In conformity to the royal charter
of this province an Assembly was convened here the last Wednesday of May and sat

313] AMERICA AND WEST INDIES 1/39 IJ9

about six weeks. The journal of this session I have duly forwarded to you, as the Secretary
does the several Acts and laws. You will find by the journals that the Assembly would
raise no money to supply the public treasury unless I would suffer the tackage of another
bill to it, and they to have liberty also to lay the calling in the money they would now
supply beyond the year 1741. But for me to have signed such an Act, I told them, would
be in breach of HM's 9th and i6th instructions so they have neither raised money to
support and defend HM's people and government or called in 255257, they are obliged by
their own laws to do at this time. In this unsafe situation are the affairs of this government
at present. The Assembly are to meet again towards winter when I have hardly any
expectation of finding them in another temper and should therefore in the meantime be
glad to have your thoughts and advice in these matters. Some time the next month I
intend to meet an Assembly at New Hampshire and on my return from thence shall write
you again. Signed. 4 small pp. Endorsed, Reed. 28 September, Read 17 October 1739.
[CO 5/881, ff i52-i5 4 d]

311 Thomas Hill to Francis Fane sending Act prepared by Trustees for
August 7 Georgia for appointing pilots, etc for his opinion in point of law. Entry.

i p. [CO 5/402, p i]

312 Commissioners for Trade and Plantations to Duke of Newcastle,
August 8 enclosing papers. Signed, Monson, T Pelham, James Brudenell, R
Whitehall pl umen ! p . Enclosed:

312 i New York, 14 June 1739. Lieut-Governor George Clarke to
commissioners for Indian affairs relating to French settlements at Wood Creek. Copy
of no 2191. ij pp.

312 ii New York, 15 June 1739. Lieut-Governor Clarke to Commissioners for
Trade and Plantations. Copy of no 220; see also no 219. 2 pp.

312 iii 7 June 1739. Commissioners for Indian affairs to Lieut-Governor Clarke.
Copy of no 2i9ii. i p. [CO 5/1086, ff I4i-i49d; entry of covering letter in CO
5/1126, p 87]

313 Governor Edward Trelawny to Duke of Newcastle. The Shoreham
August 8 man-of-war arrived here the 5th inst and has brought me your letter of

1 5 June last with HM's orders of same date, which I immediately gave
public notice of, and will put the island in the best posture of defence I can and in a
readiness to execute HM's orders. I have acquainted you in a former letter of the bad state
of the militia and of the difficulty to redress it, but as this is a time to exert ourselves and
as I hope the occasion will animate everyone, I shall omit no endeavours to make that use
of it. I mentioned in mine of 30 June last to you that in case of a war it would be necessary
to have a considerable reinforcement of soldiers to defend us against a foreign invasion.
There were two regiments here the last war when the island had a greater number of
inhabitants. I must own that a great many, and of these some that are well-intentioned,
are against any addition of forces upon account of the expense which it will be of to the
country. They are willing to believe that the eight companies already here, if complete,
will be sufficient to defend us against the Spaniards as the rebels are now brought to
terms; but as the French may take part in the war it is my sincere opinion, and I should be
wanting in duty to HM if I did not represent it, that four or five companies of one
hundred men each, to be incorporated with the eight already here, and they to be
completed, is the least force that can be sent to us for our necessary defence. If HM would

l6o STATE PAPERS COLONIAL [314

think fit to enable us to act offensively and make descents upon the enemy, which we are
conveniently situated for, HM will proportion his forces to his royal designs.

Havana seems to be the only place of great consequence to take. As you know by its
situation it would entirely give us the command of the West Indian seas. By the help of
the northern colonies we could be supplied there with men and provisions and keep it
against all the powers of Europe who have not strength enough in the West Indies to
retake it; so that we are better able to take it and keep it than any other power by the
means of the neighbourhood of the northern colonies and our superiority in shipping. I
am told that it is fortified towards the land with only an old wall and a dry ditch, that
there is good landing about three miles to the westward of the town and good marching
from thence to it in an open plain, that there are not above twelve thousand men, soldiers
included, in and about the town, that six thousand landmen with a sufficient number of
men-of-war would take it. It is well-fortified towards the sea but I have heard sea captains
that have been there say they would readily undertake and believe they could run by the
forts and come close to batter the town. It is the only conquest in these parts worthy the
English nation, and I wish you would move HM to command it. I should be ambitious to
have a share in such an undertaking if it might be consistent with HM's schemes. As
probably the fleet that shall be ordered upon such an expedition will call here, if HM is
pleased to regiment these companies and give me the command of them, I should be glad
to go as a colonel and be under the command when there of an older officer, leaving this
island for a time to the lieut-governor who I believe I may answer for would take good
care to defend it upon occasion. Havana is the place from whence the guardacostas have
done us all this mischief, I hope therefore that it will be the first place to fall a sacrifice to
our just resentment, that we may at the same time revenge ourselves and get a most
valuable possession to the Crown. If we lose Jamaica we lose our footing in the West
Indies; if we keep it, as I hope we shall, and get Havana, we drive the Spaniard out of the
West Indian seas and make their possessions in America useless.

I am well-informed that a settlement at Darien might well be made with two
men-of-war and 500 landmen who might be able in a few days to throw up works to
defend themselves, at the place where the Scots built a fort, against any force the
Spaniards could bring against them; and as it is but three or four days sail from hence the
same men-of-war that protect this island would protect that settlement. I believe even
private people would be willing to undertake and able to effect the conquest of it, if they
were to be allowed the property of what they conquer. People would then take their
Negroes with them, who would be very useful in the beginning in throwing up works to
fortify themselves and likewise in planting provisions, for want of which only the Scottish
expedition failed. Mr Campbel, one of the members of the Council here, who was a
captain in that expedition, assures me that if they had had 100 Negroes to be employed in
the manner I have mentioned, they would never have quitted the place though they had
not had 500 white men. Fresh men just come from Europe cannot work, and the Indians
of the country are lazy and will not work but would assist in fighting against the
Spaniards to whom they are great enemies. A settlement in this place lies convenient to
cut off the communication between Porto Bello and Cartagena but it is but piddling with
respect to Havana; if we had that, we could have what we would besides almost at
pleasure as we should be masters of the whole seas. Signed. 52 pp. [CO 137/56, ff

314 Governor Edward Trelawny to Duke of Newcastle acknowledging

August 8 private letter of 1 5 June. To find my conduct acceptable to HM for
Jamaica whose service I have the most fervent zeal, and to believe myself in your

320] AMERICA AND WEST INDIES 1/39 l6l

favour which I shall always be ambitious to deserve, and to have hopes of the regiment
which I have so much had at heart, put me in the height of joy and will animate me to
exert myself in the best manner I am able for HM's service. Signed, i small p. Endorsed,
Private. R, 22 November. [CO 137/56, ff 24

315 Governor James Glen to Thomas Hill. As there are several affairs
August 8 before your board that I apprehend are of great consequence to

Carolina, particularly relating to an employment claimed by Mr
Hammerton by virtue of his patent, though directly contrary to the express laws and
constant custom of the province as I am informed, and there being a petition of Mr
McCulloh's referred to their lordships, I beg you will move them that Mr Fury, the agent,
and I may attend the board along with Mr McCulloh and previous to their making any
report on Mr Hammerton's business. Signed, i small p. Endorsed, Reed., Read 8 August
1739. [CO 5/367, f 43]

316 Memorial of Jonathan Belcher and Richard Partridge, agents for
August 8 Governor Jonathan Belcher, to Commissioners for Trade and Planta-

tions, praying for suspension of any report on complaints against said
governor until he has been served with copies thereof and given time to answer. Signed, i
p. Endorsed, Reed., Read 8 August 1739. [CO 5/881, ff 96, 96d, 99,

317 Minutes of Common Council of Georgia. Accountant reported on bills

August 8 drawn by Gen Oglethorpe for service of the colony; resolved that io6i/

8s be paid to the general's agent when due. Read petition of Simpson

Levy for an advance of 6oo/ on an account signed by Thomas Causton amounting to jijl

25 $d; resolved to advance 6oo/ on security. Read petition of Charles Dempsey; resolved

to pay him 25/ to assist him in his illness and in full recompense for his services in St

Augustine. Approved, after amendments, report from committee that leave should be

granted to freeholders in Georgia to name their successors upon failure of issue male; the

committee to prepare a fair draft, seal to be affixed thereto, and 200 copies sent to

Georgia. Signed drafts on the bank for io6i/ 85 and 6oo/. Entry. 4 pp. [CO 5/690, pp

318 Minutes of Trustees for Georgia. Received, by Edward Parker, an
August 8 anonymous benefaction of 25 copies of London New Method and Art

" ourt of Teaching Children to Spell and Read, to be sent to Georgia. Entry, i
p. [CO 5/687, p 131]

319 Appointment dated 9 November 1737 by Council and Assembly of
[August 8] Bermuda of Ralph Noden, merchant in London, to be agent of the

General Assembly of Bermuda. Copy, certified by John Slater, Clerk to Assembly.
Examined per SG, 14 August 1739. Endorsed, Reed. 8 August, Read 6 September 1739.
[CO 37/13, ff 109, i09d, 114, ii4d]

320 Commissioners for Trade and Plantations to Duke of Newcastle
August 10 enclosing the following. Entry. Signatories, Monson, T Pelham, J

Brudenell, R Plumer. i p. Enclosed:

320 i Whitehall, 10 August 1739. Same to the King. Minor changes from
instructions to the late Lord Howe are noted. Entry. Signatories, as covering letter. z\
pp.

l6l STATE PAPERS COLONIAL [321

320 ii Instructions for Robert Byng, governor of Barbados. Entry. 64 pp.

320 Hi Same for same in pursuance of laws of trade and navigation. Entry. 34 pp.
[CO 29/16, pp 96-197; draft of nos 32oii-iii, dated 19 October 1739, in CO 5/198, ff
1 10-15 id]

321 Same to Committee of Privy Council. We have considered the first
August 10 three articles of James Glen's memorial. With respect to the ist article,

though there may have been disputes between the Council and
Assembly in South Carolina in relation to money bills, yet we see no reason to alter the
1 3th instruction to the governor unless it be by leaving out the last clause, viz 'and you are
hereby expressly enjoined not to allow the said Assembly or any of the members thereof
any power or privilege whatsoever which is not allowed by us to the House of Commons
or the members thereof in Great Britain' which we think unnecessary but nevertheless
submit it to you. As to the 2nd article we were of opinion that the instruction as it was
first prepared was sufficient to induce the Assembly to make a proper provision for the
governor; but if you should be of opinion that he should be further instructed to
recommend particularly to the Assembly to provide him a house or that he may be
permitted to accept of a certain sum in lieu of it, we have hereunto annexed an instruction
agreeable to that given to HM's governor of Barbados for the same purpose. As to the
third article relating to the quartering of troops under Mr Oglethorpe's command, we are
apprehensive that if the governor be instructed to quarter them in such places as he with
the advice of the Council shall judge most proper it may interfere with Mr Oglethorpe's
commission, and as we are not competent judges in these affairs we have not prepared any
instruction on that head. Entry. Signatories, Monson, T Pelham, J Brudenell, R Plumer.
^\ pp. Enclosed:

321 i Draft of instruction to governor of South Carolina permitting him to accept
provision by the Assembly of a house or rent for same. Entry. \ p. [CO 5/402, pp 1-4]

322 Same to same. We have considered memorial of Joseph Gulston,
August 10 Benning Wentworth, Richard Chapman and John Thomlinson, mer-
chants trading to New Hampshire: they allege that the province is in a

defenceless state with cannon but no powder, the militia unexercised and without proper
arms. Their proposed remedy is a distinct governor which we think would be for HM's
service. Entry. Signatories, Monson, J Brudenell, R Plumer, T Pelham. 3 pp. [CO 5/917,
pp 281-283]

323 Harman Verelst to William Stephens by Minerva, Capt Nickleson.
August 10 Your last journal received by the Trustees went to 21 April but they
:orgia (J ce fa[\y ex p ec t a subsequent journal. They wrote very full to you by the

Two Brothers, Capt Thomson. The Trustees now acquaint you that the Act for regulating
and paying of pilots and for levying duties on ships and vessels for and towards the repair
of the beacon at Tybee, and for answering the consumption of gunpowder in signals and
on other occasions, has been presented to the King in Council and by HM referred to a
committee who have referred it to the Lords Commissioners for Trade and Plantations to
report their opinion of the said Act to enable the committee to report the same to the
King for the royal approbation, which when obtained and printed will be immediately
transmitted to Georgia.

The Common Council of the Trustees having on 8th instant agreed to a resolution
relating to the grants and tenure of lands in Georgia, the same as soon as printed will be
sent over. But the substance thereof (by this sudden opportunity of a ship going) the

324] AMERICA AND WEST INDIES 1739 163

Trustees make you acquainted with, which is that the grants of land in Georgia heretofore
made and hereafter to be made by the Trustees to any person or persons whatsoever shall
be altered, made and established for the future in manner and form following, that is to
say, that if a tenant in tail male of lands in the said colony (not having forfeited or
determined his or her estate by any act done or suffered) shall happen to die leaving a
widow and one or more daughters, the widow shall hold and enjoy the dwelling-house
and garden and one-half of such lands for her life, and the other half with the reversion of
such widow's house and lands to be holden in tail male by any one of the daughters of
such tenant if not exceeding 80 acres, and if exceeding 80 acres by such and so many of the
daughters of such tenant as such tenant shall by his or her last will direct and appoint,
such daughter or daughters being unmarried and not possessed of or entitled in her or
their own right to any lands in the said colony, and in default of such direction or
appointment, to be holden in tail male by the eldest of such daughters unmarried and not
possessed of lands as aforesaid. And in case such tenant shall leave no daughter or
daughters born in his lifetime or within nine months after his death but only a widow,
then such widow shall be tenant for life in the whole; or in case he shall leave no widow,
then that such lands shall be holden in tail male immediately after his death, or the death
of such widow if any, by such person if not exceeding 80 acres, and if exceeding 80 acres
by such person or persons, as such tenant by his or her last will shall direct and appoint,
and in default of such direction or appointment to be holden in tail male by the
heir-at-law of such tenant. Provided the same be claimed in twelve months if residing in
America and eighteen months if out of America after the death of such tenant and that no
appointment by a tenant of lands exceeding 80 acres shall be made of any lands in a lesser
quantity than 50 acres to one person. And that in the grants hereafter to be made of 80
acres or more the grantee shall have a power of giving and devising the same by his or her
last will to his or her son or sons in tail male but not in any lot or portion under 50 acres,
and in default of such devise then to descend to the eldest son in tail male. Which
resolution, having been well considered, is introduced with the necessary preamble
occasioning the same, and the Trustees make no doubt of its having the desired effect.
Entry, if pp. [CO 5/667, pp 274-276]

324 Governor Jonathan Belcher to Duke of Newcastle. The 9th current

August 14 arrived here HMS Tartar, Capt Townshend, by whom I received your
letter of 15 June covering HM's warrant to me under his royal sign
manual authorizing and empowering me to grant commissions of marque and reprisal for
arming and fitting out private ships of war against the ships, goods and subjects of the
King of Spain. I have in obedience to HM's order issued the enclosed proclamation and
have since that had applications made to me for such commissions as HM has directed to,
and the day after Capt Townshend's arrival I sent forward by express the packets he
brought for HM's governor as far westward as Virginia which I thought would be the
most safe and expeditious conveyance, and those for Annapolis Royal and for Canso
went forward the same day by two several vessels, that I hope HM's dominions in North
America will have such early notice as to surprise some of the goods and ships of the
subjects of the King of Spain before they may have notice of the present situation of
affairs between Great Britain and Spain. As anything material shall occur in these parts of
HM's dominions, I shall give you the earliest notice I possibly can. Signed. 3! small pp.
Endorsed, R, i October. Enclosed:

324 i Boston, 10 August 1739. Proclamation by Governor Belcher notifying
authority to issue letters of marque for privateers to seize ships, etc belonging to King
of Spain. Printed by J Draper, i large p. [CO 5/899, ff 378-3 Sod]

164 STATE PAPERS COLONIAL [325

325 Same to Commissioners for Trade and Plantations. I have already

August 14 written to you by this conveyance, in which I find I omitted to say that
the Assembly of this province desired me in their last session to place an
officer with six men in what is called Fort Frederick at Pemaquid, and which I have
accordingly done. And in case of a war I hope that place will be made tenable and
reinforced; what Col Dunbar did there was but a sham pretence of making a fortification.
When I was there five years ago it was mostly tumbled down, being at first only a parcel
of loose dry stones laid one upon another, not much better than what we commonly make
here for pens for sheep. Enclosed proclamation is in consequence of HM's orders to me
by the Tartar, Capt Townshend. Signed. ^\ small pp. Endorsed, Reed. 28 September,
Read 17 October 1739. Enclosed:

325 i Boston, 10 August 1739. Proclamation by Governor Belcher that letters of
marque may be taken out against Spanish ships and effects. Copy of no 324!. Printed
by J Draper, i large p. [CO 5/881, ff I5

326 President James Dottin to Duke of Newcastle acknowledging receipt

August 14 l as t Thursday, about 10 o'clock at night, of letter of 1 5 June with HM's
order for granting letters of marque and reprisal against the Spaniards.
Proclamation issued notifying same. Being applied to by Capt Samuel Spofferth for a
letter of marque I caused a commission, instructions and bond to be prepared which I sent
to the attorney-general for his perusal and afterwards laid them before the members of
HM's Council for their advice. And they having compared them with a former
commission and instructions which was approved of by the governor of this island and
Council as fit to be granted in 1719 soon after the war with Spain first happened and
which were the only precedents that could be found here, they advised me to issue the
commission and instructions in the form you will see by the copies enclosed on such bond
with sufficient security of the tenor of the enclosed copy. And thereupon observing by
your letter that the British subjects were left at liberty to annoy the Spaniards in the best
manner available I issued the commission and instructions accordingly and shall be
exceedingly pleased if their form be agreeable to you; otherways I will spare no pains in
getting them vacated and recalled on the first notice. Capt Spofferth, who I think is a
person of good sense and conduct, apprehends he can safely pilot HM's ships of war in
these parts to a port where three Spanish vessels of the value of iooooo/ lie secure without
any other protection than their own strength, and he conceives they may very easily be
made prizes of. I have recommended the affair to Capt Reddish and Capt Craufford who,
if they undertake it and should succeed therein as I hope they will, it may be of vast
service to the nation. If this dispute with Spain should produce a war with France I
presume again to mention that, if this island is worth preserving, it cannot be well done
unless there is a supply of smallarms and ammunition sent hither for the use of the
inhabitants who are unable to buy, and there are none in the magazine to furnish them
with, nor without several ships of war being sent for the protection of the trade which will
be greatly interrupted by the French at Martinico whose settlements there, at St Lucia and
the other islands, are greatly increased and who greatly exceed us in the number of their
small vessels and men. Signed. ^\ small pp. Endorsed, R, i October. Enclosed'.

326 i Pilgrims, 13 August 1739. Letters of marque issued by President Dottin to
Samuel Spofferth, commander of sloop Popple. With instructions to same of same
date. Copy. Signatories, James Dottin, William Duke, deputy secretary. 32 pp.

326 ii n August 1739. Proclamation by President Dottin declaring his authority
to issue letters of marque. Copy. Signatories, as no 326i. 15 pp.

326 iii 13 August 1739. Bond in sum of i5oo/ entered into by Capt Spofferth to

333] AMERICA AND WEST INDIES 1/39 165

observe instructions and customary rules and orders relating to the taking of prizes.
Copy, i p. [CO 28/45, M 4 I 4~4 2I d]

327 Memorial of Richard Partridge, in behalf of great numbers of inhabi-
August 14 tants O f New Hampshire, to Commissioners for Trade and Plantations

opposing suggestions of Mr Thomlinson and others that New Hamp-
shire should cease to be under Massachusetts. Signed. 13 pp. Endorsed, Reed. 14 August,
Read 15 August 1739. [CO 5/881, ff ii3-ii4d]

328 John Thomlinson to Commissioners for Trade and Plantations. I am
August 15 informed that a memorial is this day laid before you by Mr Partridge

containing many unjust and false insinuations against me. I therefore pray opportunity
not only to vindicate myself but also to set you right in that whole affair. Signed. \ small
p. Endorsed^ Reed., Read 15 August 1739. [CO 5/881, ff 115, ii5d, 118, n8d]

329 Objections by Ralph Noden to Act of Bahamas laying excessive duties
August 15 on vessels arriving and departing from there, and especially on the

raking of salt. Bermuda's trade depends on loading salt from Turks Island, an uninhabited
island among the Bahamas. Signed. 12 pp. Endorsed, Reed. 15 August, Read 16 August
1739. [CO 23/4, ff 66-6 7 d]

330 Proceedings of the commissioners of review of the dispute between
[August 15] Connecticut and the Mohegan Indians in May and June 1738. Copy.

Signatories, John Wanton, John Chipman, Peter Bours, William Anthony, James Arnold,
Philip Arnold, Rowse Helme. 17 pp. Endorsed, Reed, from Mr Paris. Reed., Read 15
August 1739. [CO 5/1269, ff 64-730!]

331 Governor James Glen's remarks on Mr Hammerton's case relating to
[August 15] office of register of lands and mortgages in South Carolina. There is no

need to alter the governor's instructions as Mr McCulloh has suggested. The governor
will protect him as he will all other officers: an express instruction to do so may be
thought partial. The request for extraordinary membership of the Council is an
innovation not to be admitted without most mature consideration. The Court of
Exchequer will remedy frauds in the land office. On Mr Hammerton's case it appears by
the Acts of 1694 and 1698 that there were two distinct offices, one called secretary and
register, the other register of lands. The former is a Crown office, the latter is of less
dignity and relates merely to matters of private right. The former is granted by the Crown
to Mr Bertie and Mr Hammerton [MS: Hamilton] by letters patent of n February
1730/1; the latter is granted from time to time by the governor. The secretary is not
register of lands in Jamaica, Virginia or the Leeward Islands. Mr Hammerton did not
claim the two offices till many years after the passing of the Quitrent Act. Draft. 5 pp.
Endorsed, Reed., Read 15 August 1739. [CO 5/367, ff 45~

332 John Hammerton to Thomas Hill asking for copy of Governor Glen's
August 16 objections to his being register. Signed, i small p. Endorsed, Reed.,

Read 16 August 1739. [CO 5/367, ff 49, 49*!]

333 Governor Edward Trelawny to Duke of Newcastle. In my letter of 5
August 17 December 1738 I informed you of the very bad state the soldiers' arms

Jamaica were m an( j ^ officers' opinion of the sort of arms that would be most

l66 STATE PAPERS COLONIAL [}34

serviceable in this country. I beg to renew my request upon that head, for upon account
of the ill condition the arms now are in I have been obliged to furnish HM's troops with
the arms of the country upon every emergency and in the present situation of affairs the
country cannot well spare them. Duplicate. Signed, i p. Endorsed. R, 22 November. [CO
137/56, ff 24

334 Same to Philip Baker. I wrote to the Duke of Newcastle 5 December

August 17 l as t f or arms for the independent companies, their own being in so bad a
condition as to oblige me to furnish them with the arms of the country
upon every emergency, which in the present situation of affairs the country cannot well
spare. The officers' opinion was that light carbines with cutlasses would be greatly
preferable to heavy firelocks which are less serviceable in the woods where service is
usually performed, and a great encumbrance to the soldier by their weight in this hot
climate. I therefore desired such, but as the Negroes are come in and I hope we shall have
no occasion for fighting in the woods more, swords instead of cutlasses and such arms as
the foot has in England will now I believe be the best. The muskets should be mounted
with brass, as those lately given to the country were, and if you can get them with brass
barrels too it would be much better as iron rusts so prodigiously in this country. I desire
you will solicit for powder, ball and flints for each company to be sent annually. Copy, i
small p. Endorsed, In Sir W Yonge's of n December 1739. [CO 137/48, ff 58~

335 Governor Richard Fitzwilliam to Thomas Hill denying that duties on
August 18 ships trading to the Bahamas are excessive. Licences from the governor

cost twelve rials. Signed, i small p. Endorsed, Reed. 20 August, Read 29
August 1739. [CO 23/4, ff 68-69d]

336 Francis Fane to Commissioners for Trade and Plantations stating no
August 23 objection in point of law to Act passed by Trustees for Georgia for

regulating pilots, laying duty on shipping, and laying another duty on shipping for repair
of beacon on Tybee Island. Signed, i small p. Endorsed, Reed. 23 August, Read 29 August
1739. [CO 5/367, ff si-52d]

337 Minutes of Trustees for Georgia. Read letter from Philip Bearcroft,
August 23 secretary of SPG, undertaking to pay 50/3 year for three years to Rev

Palace Court William Norris unless the Trustees can provide for him sooner. Read
letter from Col Oglethorpe to the accountant [no 349i] about Spanish intrigues with
Indians and the necessity for his going to Coweta; resolved that a copy thereof be sent to
the Duke of Newcastle and that a memorial to his grace be drawn up setting forth that the
grant by Parliament is for the civil establishment of the colony and the Trustees look on
themselves as unable to use it for the expenses of Col Oglethorpe's journey. Referred
letter from William Stephens dated 19 May and journal to committee of correspondence.
Entry. 2\ pp. [CO 5/687, pp 132-134]

338 Benjamin Martyn to Rev Dr Philip Bearcroft acknowledging resolu-

August 23 tions in favour of Mr Norris, missionary at Frederica. Entry. \ p. [CO
Georgia Office ^^ p 2?6]

339 Governor William Mathew to Commissioners for Trade and Planta-
August 24 tions sending minutes of Assembly of Antigua for year ending 25 June

1739. Signed, i small p. Endorsed, Reed, i November, Read 6
November 1739. [CO 152/23, ff 238, 238d, 241, 24id]

347] AMERICA AND WEST INDIES 1/39 167

340 Leave of absence to Richard Fitzwilliam, governor of the Bahamas, for

August 25 three months from this date. Entry, i p. [CO 324/37, pp 148-149]
Kensington

341 Robert Tracy to Harman Verelst acknowledging and approving the
August 25 resolutions. People in Georgia and those who go over should have all

Stanway possible encouragement. I do not despair but that the colony may turn
out well notwithstanding malicious reflections cast upon it and upon the Trustees. Signed.
i small p. Addressed. [CO 5/640, ff 360-36^]

342 Henry Archer to Harman Verelst returning the resolutions with
August 25 suggested amendments. In my opinion it is very right to leave out the

Warwick restriction on unmarried daughters but I am a little doubtful how far it
may be proper to insist upon security from the second husband of the tenant's widow.
The second instrument seems more proper to be made by Common Council than by
Trustees. Signed, i small p. Addressed. [CO 5/640, ff 36

343 Sir William Heathcote to Harman Verelst acknowledging paper relating
August 26 to tenure of lands in Georgia. I hope it will make the people easy for the

Hursley Lodge fumre Signe ^ i p Addressed. [CO 5/640, ff 366, 3 66d]

344 Sir William Yonge to Duke of Newcastle enclosing latest application by
August 27 Governor Richard Fitzwilliam for rebuilding barracks and furnishing

provisions, fire, candle and medicines for troops in the Bahamas. These
are new expenses. I have omitted taking any notice of his former memorials. Signed, i
small p. Endorsed, R, 27 August 1739. Enclosed:

344 i Extracts from Governor Fitzwilliam's memorial requesting regular supply
of provisions, etc and rebuilding of barracks. By the mutiny in the Bahamas garrison it
plainly appears that troops will not keep faithful without these things. Copy, if pp.
[CO 23/14, ff 304~3

345 John Laroche to Harman Verelst. No objection to the provision the

August 27 Common Council thinks proper to make to satisfy their present tenants

Lanhydrock m G eor gi a on f a il ure o f male issue. Signed. \ p. Addressed. [CO 5/640,

ff 364,

346 Thomas Lowndes to Thomas Hill. I have communicated to the
August 28 merchants of London a method to regulate the paper currency of

America and as soon as I receive it back I will lay the same before the Commissioners for
Trade and Plantations and their lordships shall most candidly be informed by me whether
the merchants approve or disapprove of what I have proposed. Signed. 2 small p.
Addressed. Endorsed, Reed. 28 August, Read 29 August 1739. [CO 323/10, ff 154, 157]

347 Minutes of Common Council of Georgia. The board, considering that
August 28 an alteration of the tenure of lands in Georgia on failure of issue male

T) 1 /""

would be an encouragement to the people there and might be an
inducement for others, came to several resolutions; deed containing them to be engrossed
and seal affixed. Read draft of deed-poll relating to forfeited lots; seal to be affixed.
Ordered that printed copies of the resolutions be sent to Georgia. Read letter from Hugh
Anderson concerning poor quality of some land in Georgia; referred it to a committee.
Entry. 2 pp. [CO 5/690, pp 256-257]

l68 STATE PAPERS COLONIAL [348

348 Minutes of Trustees for Georgia. Approved letter to Duke of New-
August 28 castle to be sent with copy of Col Oglethorpe's letter. Entry. \ p.

Palace Court [C O 5/687, p 135]

349 Benjamin Martyn to Duke of Newcastle enclosing the following. The
August 28 service to be performed by Col Oglethorpe's long journey on this

Georgia Orhce occas i ori) though so highly necessary not only for the preservation of
Georgia but of all HM's other possessions on that part of the continent of America,
cannot be perfected without very extraordinary expenses attending it; and as such expense
could not in any manner be provided for in the sum granted by Parliament this last
session for the further settling and improving the colony of Georgia (which includes only
the payment of unavoidable debts before contracted and the charges of further settling
and improving the colony, wherein the ordinary annual presents to the Indians bordering
on the British settlements there is a part, but not any expense for the defence and security
of the colony); and as the extraordinary presents on this particular occasion necessary to
gain and preserve the friendship of those several nations of Indians to HM's subjects is the
only means of securing them and HM's possessions against all attempts that may be made
to disturb them, the Trustees on behalf of Col Oglethorpe, who has been obliged to buy
horses and presents to carry up with him to the appointed meeting of the said Indians, do
represent to you these expenses as not relative to the civil government of the colony, that
when the account of them shall be sent over they may be defrayed as a service incurred for
the preservation of all HM's subjects upon that part of the continent of America. Signed.
1 1 pp. Enclosed:

349 i Extract of letter, dated at Frederica on 15 June 1739, from Col James
Oglethorpe to Harman Verelst. I have received frequent and confirmed advice that the
Spaniards are striving to bribe the Indians, and particularly the Creek nation, to differ
with us, and the disorder of the traders is such as gives but too much room to render
the Indians disaffected, great number of vagrants being gone up without licences
either from Carolina or us. Chigilly and Malachee, the son of the great Brim who was
called emperor of the Creeks by the Spaniards, insist upon my coming up to put all
things in order and have acquainted me that all the chiefs of the nation will come down
to the Coweta Town to meet me and hold the general assembly of the Indian nations
where they will take such measures as will be necessary to hinder the Spaniards from
corrupting and raising sedition amongst their people. As this journey, though a very
fatiguing and dangerous one, is quite necessary to be taken, for if not the Spaniards
who have sent up great presents to them will bribe the corrupt part of the nation and,
if the honester part is not supported, will probably overcome them and force the
whole nation into a war with the English, Tomo Chachi and all the Indians advise me
to go up. The Coweta Town, where the meeting is to be, is near 500 miles from hence:
it is in a straight line 300 miles from the sea. All the towns of the Creek nation and of
the Cousees and Talapousees, though 300 miles from the Cowetas, will come down to
the meeting. The Choctaws also and the Chickesaws will send thither their deputies so
that 7000 men depend upon the event of this assembly. The Creeks can furnish 1500
warriors, the Chickesaws 500, and the Choctaws 5000. 1 am obliged to buy horses and
presents to carry up to their meeting. Copy, i? pp. [CO 5/654, ff 2i7~22od; entry of
covering letter and enclosure in CO 5/667, pp 267-268]

350 Order of Committee of Council for Plantation Affairs referring draft
August 29 instructions for Governor Byne of Barbados back to Commissioners

\V/U l- 1 1

for Trade and Plantations for particular account of what has been added

351] AMERICA AND WEST INDIES 1739 169

to 26th article relating to the governor's appointments. Seal. Signed, W Sharpe. f p.
Endorsed, Reed., Read 4 September 1739. [CO 28/25, ff 90, 9od, 93, 93d]

351 Same referring the following papers to Commissioners for Trade and

August 29 Plantations, who are to furnish account of what stores in Bermuda are
Whitehall ^ t Qr serv j ce anc j w foat need to be sent there. Seal. Signed, W Sharpe. i
p. Endorsed, Reed, i October, Read 16 October 1739. Enclosed:

351 i Bermuda, 23 September 1738. Governor Alured Popple to Duke of
Newcastle. Since I wrote to you on 21 August the Council and Assembly of these
islands met again in order to address HM and thank him for the stores sent hither,
which address I now enclose to you. Although I could not put my name to it on
account of the public compliment the Council and Assembly were determined to
make me, yet I beg leave to add my reasons in support of their request for some
additional stores. These islands are very well fortified by nature. Yet there are several
places where ships and vessels may come in but these places are protected by forts and
batteries. As therefore it is necessary to divide the stores that remain in these islands in
so many different places no one of these forts or batteries has a proper supply. The
situation of these islands is such that all homeward-bound vessels must pass within 20
or 30 leagues of them, very frequently within sight as I have found since my being
here. It is for this reason therefore that these islands are of such consequence to Great
Britain, for should they ever for want of protection fall into the hands of the French or
Spaniards the trade carried on between Great Britain and HM's colonies in America
would be rendered very precarious if not entirely dependent upon the possessors of
Bermuda, for with the assistance of five or six light frigates the trade abovementioned
may be intercepted. I could say much more upon this subject but that I am fearful of
taking up too much of your time. However, I can't avoid mentioning, in favour of the
request now made to HM through your means of a further supply of stores of war,
that upon a thorough inspection now made of the several forts and batteries in
Bermuda a general repair is begun, and I take the liberty of assuring you that the
expense thereof and of mounting several guns that are useless for want of carriages
entirely disables the inhabitants from purchasing such stores as are absolutely
necessary to render these forts and batteries defensible when repaired. These repairs
are left to my direction as you will see by the minutes of Council and I assure you that
I will employ my utmost care and diligence to see them completed. I am sorry yet to
be troublesome to you on account of a new set of arms I asked for the independent
company before I left England. When I arrived I found those the company now have
worn so very thin as to be generally not safe to fire: not above a third of them have
bayonets and they in a sad condition. You will therefore forgive me I hope if I once
more beg your favourable directions upon my memorial on this subject now in your
office.

As it is a duty enjoined me by my instructions to acquaint you with everything I
may judge for the safety and defence of these islands I beg to mention the addition of
50 men to the independent company now here as a matter of the greatest service in
that particular for these reasons. Although there are several places where vessels with
good pilots may enter yet there are but two considerable, each defended by two forts.
In the King's Castle, one of the two forts at the entrance into the Castle Harbour,
there are four matrosses but never more than two at a time; and at Pagett's Fort, one
of the two forts at the entrance to St George's Harbour, there are but two matrosses,
one of which is constantly there. At the other two forts there are none except at an
alarm or in time of war when what strength can be spared from the militia is sent to

STATE PAPERS COLONIAL [352

the several forts. But as the inhabitants of these islands (who are all of the militia from
15 to 60 years of age) are generally seafaring men the major part of this militia must
often be off the island, so that upon any review the militia under arms are not above
half the number of those who are on the muster rolls. And if the several forts are to be
manned out of the militia their families would suffer in time of peace, and in time of
war the body of men that would remain would be very inconsiderable. Whereas was
the independent company increased to 100 men the four forts at the entrance of the
two harbours might be manned and regularly relieved by the company and yet a body
of the King's company remain in town and at the platform for further service, the
militia might be disposed of in proper places in the country where boats may land
men, and then I am of opinion these islands may with ease be protected from such
dangers as at present they lie exposed to. I have given orders for a general review of the
militia that I may do the utmost in my power towards the discharge of every branch of
my duty, but the militia has been so much neglected, not having been reviewed but
once in nine years, that I found it very difficult to prevail with those gentlemen who
had formerly served to take commissions again. Copy. ^\ pp.

351 ii Address of Council and Assembly of Bermuda to the King thanking him
for appointment of Governor Popple and for a supply of warlike stores. More stores
are needed. Should these island fall into other hands the trade of America would
become dependent on them. Copy. Signatories, (Council) Andrew Auchinleck and 6
others; (Assembly) Joseph Dill and 27 others. 2 pp.

351 iii 29 September 1738. List of stores absolutely wanted for fortifications and
batteries of Bermuda by returns of the committees appointed to survey the same.
Copy. Signatory, S Smith, clerk of the committees, i large p.

351 iv Minutes of Council of Bermuda, 5, 6 and 7 September 1738. Copy.
Signatories, Alured Popple. 52 pp.

3 5 1 v 23 August 1738. Report of committee of survey of fortifications at east end
of Bermuda, with list of what stores are needed. Copy. Signatories, (Council) Leonard
White, Robert Dinwiddie, Samuel Burrows; (Assembly) Robert Hutcheson, Stephen
Judkin, Benjamin Harvy. i large p.

351 vi Like report for southwest and west end of Bermuda. Copy. Signatories,
(Council) Francis Jones, John and Nathaniel Butterfield; (Assembly) John Harvy,
Henry Tucker, Peter Mallory. i large p. [CO 37/13, ff no-ii3d, ii

352 Order of Committee of Council for Plantation Affairs referring back to

August 29 Commissioners for Trade and Plantations the enclosed report to be

reconsidered in the light of the enclosed memorial and addresses. Seal.

Signed, W Sharpe. i? pp. Endorsed, Reed. 4 September, Read 6 September 1739. Enclosed:

352 i Whitehall, 10 August 1739. Report of Commissioners for Trade and
Plantations to Committee of Council for Plantation Affairs. Copy of no 322. 2 pp.

352 ii London, 14 August 1730. Memorial of Richard Partridge to Committee
of Council for Plantation Affairs [sic: should be Commissioners for Trade and
Plantations]. Copy of no 327. 2 pp.

352 iii Address of freeholders and inhabitants of New Hampshire to the King.
We are informed that Mr Tomlinson has petitioned that New Hampshire be no longer
under the governor of Massachusetts; nothing could be more injurious. New
Hampshire is too poor to support a separate governor and would be too exposed to
attack without the protection of Massachusetts. Pray to be joined to Massachusetts or
at least to continue under the present governor. Copy. Signatories, Nathaniel Weare
and 71 others. 2 pp.

354] AMERICA AND WEST INDIES 1/39 I?I

352 iv Same to same to same effect. Copy. Signatories, John Calfe and 21 others.
2 pp.

352V Same to same to same effect. Copy. Signatories, John Clark and 62 others.
2pp.

352 vi Same to same to same effect. Copy. Signatories, Daniel Gilman and 257
others. 32 pp.

352 vii Same to same to same effect. Copy. Signatories, Nathaniel Prescut and 72
others. 2 pp. [CO 5/881, ff I35~i

353 Commissioners for Trade and Plantations to Committee of Privy
August 30 Council. Pursuant to Order of 3 1 July last we have considered the

petition of Henry McCulloh. As we are of opinion that the i5th and
1 6th instructions given to Mr McCulloh are proper to prevent many abuses and frauds
that may hitherto have been practised in relation to grants of land, so we apprehend it will
be for HM's service that the said instructions should be given to his governors of North
and South Carolina whom they most immediately concern. We are likewise of opinion
that it would be for HM's service that his governors of North and South Carolina should
be aiding and assisting to Mr McCulloh in carrying into execution HM's commission and
instructions for the purposes therein contained; and, considering the importance of his
office and to give a greater sanction to it, we are also of opinion that it would be for HM's
interest and service that he should be appointed a Councillor extraordinary in the said
provinces of North and South Carolina. Entry. Signatories, M Bladen, J Brudenell, R
Plumer. 2^ pp. [CO 5/402, pp 4-6]

354 Same to same. Pursuant to Order of 27 July 1738 we have considered
August 30 the petition of John Hammerton to be established in the office of

register of South Carolina. We find by his patent 'he is to be present at
all meetings of the Governor and Council and of the Assembly and to keep an exact
register of all their proceedings, acts and orders, and also to receive from the surveyor or
surveyors-general all certificates of lands by him set out and surveyed and to draw up all
leases, conveyances and assurances of land and to enrol the same and to do and perform
by himself or by his deputy all other acts usually done by the former secretary in the
province.' We have also been attended by Mr Hammerton and have had before us several
papers relating to this affair that were transmitted hither by the Governor and Council of
South Carolina upon a dispute that happened in 1732 between the late governor and Mr
Hammerton upon the governor's appointing his son register of lands. We have likewise
been attended by Mr Glen, HM's governor, and having heard what he had to offer we
take leave to represent that we find Mr Hammerton has been admitted to and does enjoy
all the branches particularly mentioned in the patent. But there is likewise an office for
registering mesne conveyances and mortgages which he also claims, alleging that it was
enjoyed by his predecessors as secretaries and registers of the province and therefore
ought to be enjoyed by him. We do not find when this office for registering mesne
conveyances and mortgages was first established but by an Act of Assembly passed in
1694 entitled an Act for the better and more certain keeping and preserving of all registries
and all public writings of this part of the province, which Act was in force three years
only, we find several directions for keeping the records in that province, and after
describing in what manner the secretary of the province shall register original grants of
land and other branches of his business and likewise what some other officers shall do it
proceeds and says likewise how the register of lands shall keep his records. Mr
Hammerton alleges this business was done by the secretary of the province at that time

IJ2 STATE PAPERS COLONIAL [355

and was always executed by the same officer till 1714 when Governor Nicholson, who
was appointed provisional governor of that province, nominated a separate officer for the
registering the conveyances and mortgages of lands. We find likewise that an Act was
passed in 1719 for reviving the Act of 1694 and as it nowhere appears by the papers before
us how or by whom that officer was appointed before 1719 it may be presumed on what
Mr Hammerton alleges, which is not contradicted by the person who contested this affair
with him, that the secretary of the province might also be register of lands before that
time; but the officer so appointed by Governor Nicholson continued to execute the office
for registering of land till 1723 when he resigned and another was appointed by the said
governor in his room, which person was continued in this office by the succeeding
governor notwithstanding Mr Bertie was appointed secretary and register of the province
by patent under the Lords Proprietors in 1725 in as full and ample manner as Mr
Hammerton is by the patent now before us, and the office for registering conveyances and
mortgages of land was a separate office at the time the patent for granting the office of
secretary and register was passed to Mr Bertie and Mr Hammerton. Having thus laid
before you the state of the case as it appears to us from such Acts and papers as are before
us, and not finding by any of the said Acts that there was a particular appointment of any
such officer, we must submit whether HM may not be pleased to declare his intention
that it shall be enjoyed by the present secretary and register of the province provided he
do take care to keep all the books for registering mortgages and mesne conveyances in a
distinct and separate office. Entry. Signatories, M Bladen, J Brudenell, R Plumer. 4! pp.
[CO 5/402, pp 7-11]

355 Lieut-Governor George Clarke to Duke of Newcastle. On i6th instant

August 30 I received your letter of 19 [sic, see 15] June last enclosing HM's
warrant authorizing me to grant commissions of reprisal on the
Spaniards; the publication whereof in a proclamation which I issued the next day, and the
London newspapers of the month of June which came to town two days after, alarmed
the people of this place with apprehensions of an open rupture with Spain but more
especially with fears of seeing the French take part with them against us. However that
may be, I think it my duty to lay before you our present wants which I do by sending you
a copy of my letter to the Lords of Trade and of the account of our stores, presuming
their lordships will make such a representation to you as they think may be necessary to
supply the garrisons and to keep the Six Indian Nations steady in our interest. Signed. 15
small pp. Endorsed, R, 26 November, duplicate. Enclosed:

355 i New York, 30 August 1739. Same to Commissioners for Trade and
Plantations. Copy of no 356. 32 small pp. Endorsed, as covering letter.

355 ii List of goods required for Indian presents. Copy of no 356!. i p.

355 iii Fort George, New York, i November 1737. Account of ordnance, etc.
Signed. Copy of no 356ii, William Bond, storekeeper, i large p. [CO 5/1094, ff
uo-i i6d]

356 Same to Commissioners for Trade and Plantations. The orders I have
August 30 received to grant letters of marque and reprisal against the Spaniards
New York an( j t j ie n gi| sn newspapers of the month of June have possessed the

people of this province with apprehension of a sudden war with Spain with whom they
fear France will take part against us, in which event as we are a frontier province
bordering upon Canada they expect the first attack will be made upon us and are the more
uneasy knowing in how ill a posture of defence we are at present for want of ammunition
and all other warlike stores. Whether their apprehensions of a war are well or ill grounded

357] AMERICA AND WEST INDIES 1/39 173

I know not but I think it my duty to lay before you the enclosed account of the stores, etc
in the fort of New York, whereby you will see our wants, hoping you will make such
representation thereof as may procure a quantity of all sorts of stores answerable to our
present necessities. I beg you to consider that the forts at Albany, Schenectady, the
Mohawks country and Oswego are to be supplied out of the stores to be sent hither, for
they have small artillery yet they have no ammunition. Soon after Lord Delawarr was
named for the government of this province he wrote to me for an account of our stores
and in February 1738 I sent him a copy of that signed by Capt Bond in November 1737.
The carriage-wheels which in that account are called good are only comparatively so as
they are better than the rest but in truth are fit for little service. The muskets mentioned to
be good are in the store and over and above what are actually in use.

In case of a rupture with France it will very highly concern us to make sure of the Six
Nations which can be best and only done by making them large presents as has been
customary. The several sorts of goods necessary for that purpose are contained in the
enclosed list, and if you in the present posture of affairs think it necessary I should be
supplied with them I beg you will direct Messrs Samuel and William Baker, merchants,
London, to buy them and send them to me, they being perfectly well acquainted with
goods of that kind as they ship large quantities of them yearly to Albany. If 5OO/, which I
am informed has been usually given to a governor for Indian presents in time of peace,
was no more than sufficient a larger sum will be absolutely necessary in case of a war with
France. You well know how useful the Six Nations have been to us: it was by their
influence on the French Indians that our planters and those of all the other provinces lived
in security all the last French war until the Canada expedition was set on foot, and I am in
hopes by presents if I am full-handed to procure by their means the like repose for the
future. For if they are neuter the French will not venture to molest us and certainly it will
be of great advantage to all the provinces, our settlements being abundantly more
numerous than those of the French and altogether unguarded.

About a month ago I received intelligence that a party of French and Indians were
marched from Canada with a design to attack the Cherokees and other Indians lying on
the back of Carolina and Georgia under HM's protection, that it was given out that they
were to be joined by other French and Indians from Mississippi: of which I sent
immediate notice to the governors of Virginia and Carolina and to Gen Oglethorpe
hoping they may, as I believe they will, have time enough to give those Indians
intelligence that they may either be prepared for their enemies or retreat as they find it
necessary. Some of our young Mohawks joined the party from Canada contrary to their
promises, not being to be restrained by the advice or persuasion of their sachems and the
Southern Indians. But if Mr Gooch to whom I have wrote on that subject disposes the
Southern Indians to terms of amity I hope and doubt not of bringing the Six Nations to it,
and I have proposed to Mr Gooch that the deputies from the Southern Indians meet the
Six Nations at Albany next summer which is as soon as those deputies can well be there.
Signed. 24 small pp. Endorsed, Reed, i November, Read 6 November 1739. Enclosed:
356 i List of goods required for Indian presents, i p.
356 ii Fort George, New York, i November 1737. Account of ordnance,

ordnance stores, smallarms, etc. Signed, William Bond, storekeeper, i large p. [CO

5/1059, ff 109-1

357 Commissioners for Trade and Plantations to Committee of Privy

August 31 Council. In pursuance of Order of 3 1 July last we have considered Act

passed by the Trustees for Georgia entitled an Act for appointing pilots,

etc. Mr Fane has no objection to it in point of law. We have no reasons to offer why it

174 STATE PAPERS COLONIAL [358

may not receive HM's approbation; but as we cannot judge what effect the execution of it
may have we could have wished it had been rather temporary than perpetual. Entry.
Signatories, M Bladen, J Brudenell, R Plumer. i? pp. [CO 5/402, pp 11-12]

358 Same to Governor Edward Trelawny. Since our letter to you of 20 July
August 31 1738, we have received yours of 12 October and 21 November 1738 and

30 March and 7 and 10 May 1739, with the papers referred to therein. We congratulate
you on the success you have had in concluding a treaty with Capt Cudjoe, chief of the
rebellious slaves, and hope that this accommodation will be attended with such beneficial
consequences to the island as you seem to promise yourself from it. We shall not omit any
proper opportunity of recommending the interests of the island under your government
to HM's protection, and shall always be ready to do what in us lies towards obtaining you
such assistance as may promote both the settlement and security thereof; but we are
apprehensive such an application to Parliament as you mention will be attended with
great difficulties. However, as you have at the same time that you wrote to us applied to
the Duke of Newcastle upon that head, we doubt not but he will contribute whatever
may lie in his power to so public a service. We do not at present send you our opinion
upon the Acts you transmitted to us, they being still before HM's counsel for his opinion,
but whenever we make our report upon your revenue law we shall transmit the reasons of
the Council which induced you to give your assent to it. Entry. Signatories, M Bladen, J
Brudenell, R Plumer. ^\ pp. [CO 138/18, pp 296-298]

359 Same to Governor William Mathew acknowledging letters of 14
August 31 September, 21 October, 27 November and 5 December 1739, 13

January, 5 February, 3 March, 21 April, 2 and 30 June 1739, with public
papers. We have likewise seen yours to our secretary of 17 June, 21 July and 5 August
1738. We hope that the want of Councillors in Antigua has now been removed by HM's
approbation of Benjamin King, William Mackinen and Richard Oliver. We have also
recommended Edward Jessup and John Milles to supply vacancies in the Council of St
Christopher's. We have not yet considered all the Acts you transmitted but that for the
reduction of interest in Antigua has been recommended to lie by. Entry. Signatories, M
Bladen, J Brudenell, R Plumer. 2 pp. [CO 153/16, pp 163-164]

360 Same to President James Dottin acknowledging letters of 6 September
August 31 an( j ^ November 1738 and 28 May 1739. We do not at present

apprehend any immediate rupture with France but should any such
thing happen we shall take the first opportunity of reporting the state of your island to
HM and we shall particularly take notice of your desire of having in such case some
men-of-war stationed with you for your defence. In the meantime we commend the
endeavours you are using to put your fortifications in good order and hope they will be
attended with success. We have considered your letters and have discoursed with
Governor Byng about them. Entry. Signatories, M Bladen, J Brudenell, R Plumer. 15 pp.
[CO 29/16, pp 198-199]

361 William Sloper to Harman Verelst. No objection to resolution of the
August 31 Trustees for Georgia relating to grants and tenures. Signed, i small p.
Woodhay Addressed. [CO 5/640, ff 3 6 7 - 3 68d]

362 Lieut-Governor William Gooch to Duke of Newcastle acknowledging
September 1 receipt on 29th of last month of HM's warrant for granting letters of

marque against the Spaniards, accompanied with the commands of 15

363] AMERICA AND WEST INDIES 1/39 1/5

June, which have been published throughout the colony. I have not yet had any
application made to me for commissions, occasioned by the scarcity of seamen and not
any dislike to the undertaking. But I hope the early intelligence of HM's resolutions,
while unexpected by the Spaniards, will give HM's ships of war stationed in America an
opportunity of humbling that proud and deceitful nation. I forbear troubling you on the
subject of your letter of 2 1 May, having written at large to Lord Albemarle and desired
him to show it to you, that if necessary it may be laid before HM. Signed. 15 small pp.
Endorsed, R, 20 November. [CO 5/1337, ff 2o6-2O7d]

363 Lieut-Governor William Gooch to Earl of Albemarle. It is with equal

September 3 concern and surprise that I received your letter of 24 May with one
from the Duke of Newcastle, wherein I find myself taxed with want of respect to you as
governor in appointing Mr Randolph to execute the office of adjutant without notifying
to you either the vacancy or the appointment; whereas I was so far from having a design
to conceal the disposal of that office from you, though I might omit, not being used to it,
to acquaint you with it, that it was done with an intention to oblige you by giving it to a
gentleman well known and esteemed by Mr Hanbury who is so deservedly in your
favour. But as this does not answer the purport of his grace's letter, occasioned by your
laying too great stress upon the word governor, by which I meant in my letter referred to
the commander-in-chief on the spot, I hope what follows will show that only could be
my meaning and, by justifying what I have done, clear me of the imputation of disregard
to you. I am so well acquainted with the practice of this government for sixty years past
that I can assure you there is not one instance in all that time of a lieut-governor being
controlled by the chief governor in the disposal of any office of trust or profit whenever
such became vacant, though some of those chief governors, as Lord Culpeper and Lord
Effingham, had been in Virginia, knew the offices, and had friends and acquaintance in
the country to gratify. And the reason is very evident, because the letters patent by which
they were constituted devolve the whole power of government upon the person who is
commander-in-chief on the place as well in their absence as on their deaths, and if you
will be pleased to recollect you will find no power given you by your commission to
exercise any act of government in this colony during your residence elsewhere, and
consequently that upon the vacancy of any office you cannot while you remain out of the
government give a commission to anyone to execute any office of trust or profit here.

But there is another obstacle to be surmounted before you can dispose of any place in
the government, which is that by the King's instructions and the laws of the country the
advice and consent of the Council must be first obtained, who have always a large share in
the application and with whom the appointment is debated and approved before it is
fixed, and how such consent can be had at a thousand leagues distance and how unlikely it
is to succeed when every member of that board has a possibility of being president, on
whom the same powers devolve on the death or absence of the lieut-governor, is worth
considering. Nor will you hesitate in believing that whoever is commander-in-chief will
certainly insist, as it is his duty, on the King's letters patent under the Great Seal as a
superior authority to any other command.

You, I am persuaded, will likewise consider how absolutely necessary rewards as well
as punishments are to maintain authority in any government, that there is not an example
in history of any well-constituted state even before Christianity that subsisted without
them, that it would be subverting the fundamental principles of government to take away
from the chief officiating magistrate the power of rewarding merit and would be leaving
him a province rather like that of an executioner to inflict punishments than the
representative of a good king to confer benefits, and in the present case it would be

176 STATE PAPERS COLONIAL [364

making a mere cipher of the lieut-governor and Council, who have the whole concerns of
the colony under their care, to fill up places only provisionally and would open a gap for
the most unworthy if they happen to have friends at home to look upon their superiors
with disdain and bid them defiance. Besides, such provisional appointments to places will
never conciliate men's affections to government; on the contrary, should they be
disappointed, lasting seeds of rancour and resentment will increase and thrive from a
jealousy that their cause was not heartily espoused. And I must add that if a
lieut-governor consulting the Council has no right to put men into place he can have none
to turn them out, and yet he is made answerable for the behaviour of the Naval Officers
and liable by the Acts of Trade if they are not duly executed to forfeit iooo/ and rendered
incapable of serving the Crown.

If you will further consider the few places the government has to dispose of compared
with the many granted by the Crown to the college and the secretary, the first by charter
under the Great Seal for ever, the latter for life, insomuch that there has not been above
five disposed of by the government during my time, it will appear there is little ground to
deprive the person entrusted with the administration of the assistance he may want, from
the friends of those few, to serve HM in the public emergencies, especially in the General
Assemblies where more than ordinary address is required to soothe the passions and
direct the minds of a multitude not easily prevailed on to give up their own private views
and interests to the public utility. As you, therefore, was never informed to whom this
power is committed, so securely lodged in the hands of the commander-in-chief in the
country and the Council, and as it is impossible to carry on the King's business under the
restriction mentioned by the Duke of Newcastle, I trust you, reflecting upon what I have
laid before you, will not insist on having anything done so destructive to HM's service;
for if that was not the consequence, and I have no other purpose nor interest in it, I
should not offer one word against what has been moved for provided all other difficulties
could be got over. I must beg you to show this letter to his grace, that if necessary it may
be laid before HM. I have not imparted my letters to anybody because I am sensible they
would give great uneasiness, particularly to the Council as it is striking at the root of the
special privilege they have always enjoyed as already set forth, and in my apprehension no
less than a revocation of letters patent and a repeal of our laws. And now, as I am not
conscious of having done anything intentionally to disoblige you, I must entreat you to
continue to honour me with a share in your favour which I shall endeavour to deserve by
cheerfully obeying your commands. Signed. 6\ small pp. [CO 5/1337, ff 208-21 id; copy
at ff 2 1 2-2 1 5d]

364 Commissioners for Trade and Plantations to Governor Alured Popple

September 4 acknowleding letters of 27 September and 25 November 1738 and 10
May 1739. We have transmitted to Duke of Newcastle the address to
HM referred to in your letter of 27 September, and as the matters therein contained are
under HM's consideration your brother will give you an account of such measures as
shall be taken for the security of the Bermuda islands with regard to warlike stores and the
augmentation you propose of fifty men to your company. We have written to the
Commissioners of the Customs for their advice with respect to the inconvenience you
complain of in your letter of 25 November arising from your 73rd instruction directing
you not to suffer vessels to load or unload anywhere but in Castle or St George's Harbour
only; and as soon as we receive their answer we shall take the matter into consideration
and give you our sentiments thereon. We thank you for the account you send us in your
letter of 10 May of the state of the Council. We hope you will continue to inform us of the
death or absence of any member of that board. We shall impatiently expect your answers

368] AMERICA AND WEST INDIES 1/39 1/7

to the queries relating to the state of your government, more especially at this time when
the probability of a rupture with Spain makes it highly necessary for us to be thoroughly
apprised of the true state of all HM's plantations in America. We have received the four
Acts you mention and shall in due time consider the same with your remarks thereon. As
to what you have done with regard to the French ship which was forced upon your
islands, we approve of your conduct in the hospitality and assistance you showed to the
poor sufferers, especially as you have taken care to prevent all unfair trading. The Bahama
Act which you complain of we have now under our consideration and as soon as we have
formed our judgment upon it you shall be apprised of what we have done in the matter.
Entry. Signatories, M Bladen, J Brudenell, R Plumer. 3 pp. [CO 38/8, pp 306-309]

365 Same to Committee of Privy Council. The change in the 26th article of
September 5 Governor Byne's instructions is to enable him to assent to an Act of the

\Y/1" ' V* 1 1

Assembly of Barbados, which must be passed at its first session after his
arrival, to settle a salary upon him for the whole of his government additional to the iooo/
sterling out of the 42 per cent duty. Entry. Signatories, M Bladen, J Brudenell, R Plumer.
i\ pp. [CO 29/16, pp 199-201]

366 Same to Lieut-Governor William Gooch acknowledging letters of 7
Septembers November 1738, 15 and 22 February and 15 May 1739. In answer to

your complaint of hostilities by the Six Nations upon the Cherokee and
other Indians in friendship with the English, the governor of New York has ordered the
commissioners for Indian affairs to make inquiry therein. We recommend you to keep the
best terms you can with the Five Nations as their friendship is of great importance to the
British interest and much courted by the French who are daily endeavouring to debauch
them from us. Mr Fane has no objection in point of law to any of the Acts transmitted in
yours of 22 February 1739: we shall let them lie by probationary for some time in order to
see whether anything may arise that may make it necessary either to confirm or repeal
them. The Commissioners of Customs here are of opinion your last Act for regulating the
staple of tobacco was detrimental to the King's revenue; your agent will send you the
papers. We have not yet considered the project for serving the French with 15000
hogsheads of tobacco yearly, nobody having attended the board upon that occasion either
for or against the said project, but we are not without apprehensions that the same may
not be strictly agreeable to the Acts of Trade and Navigation. The last box of papers
received from you cost n/ 165 id in postal charge from an outport. Please direct the
captain not to deliver packets until he anchors in the Thames. Entry. Signatories, M
Bladen, J Brudenell, R Plumer. 3! pp. [CO 5/1366, pp 322-325; draft in CO 5/1335, ff
i 77 -i 7 8d]

367 Same to Col George Thomas acknowledging letter of 3 August 1738
Septembers which has. been sent to Duke of Newcastle. You have behaved with

Whitehall g reat prudence. Entry. Signatories. M Bladen, J Brudenell, R Plumer. i
p. [CO 5/1294, p 1 1 6]

368 Maj-Gen Richard Philipps to Duke of Newcastle enclosing short
September 5 state o f Nova Scotia and its defenceless condition. Signed, i small p.

Enclosed:

368 i A state of the province of Nova Scotia by Maj-Gen Richard Philipps,
governor. That it is situated between the province of New England and the French
settlement in the island of Cape Breton and has the French settlement of Canada upon

178 STATE PAPERS COLONIAL [368

the back of it, between which and the other settlements on the River Mississippi there
is a communication. That there is one regiment of foot in the said province consisting
of 10 companies whereof 5 are quartered at Annapolis Royal, 4 at Canso, and i at
Placentia in Newfoundland, each company consisting of 31 private men except the
two youngest which are but 30 each, making in all only 300 men. That the inhabitants
of this province are French papists who by the treaty of Utrecht were permitted to
remain there and are in number no less than 1500 men able to bear arms, who in case
of a rupture with France would be ready to join in any attempt that those of Cape
Breton and Canada in conjunction with the Indians may make for the reduction of the
province to the dominions of France. That there is no place in all the said province that
can be called a fortification except a small fort at Annapolis Royal built of earth with
four bastions faced with picquets to keep it together and surrounded with a small
shallow dry ditch about six feet deep and is situated on the side of a river flowing from
the Bay of Fundy about a mile over, which within forms a large basin of twenty miles
circumference with a channel of depth sufficient to receive men-of-war from 20 to 50
guns within cable-length of the fort. Canso, which is distant from Annapolis Royal
130 leagues and is situated within two leagues of the island of Cape Breton possessed
by the French and within 20 short leagues of Louisbourg, their main settlement on the
said island where they have been for several years past fortifying the town and
harbour at a vast expense. Their garrison consists of 6 companies of regular troops of
60 men in each and a company of Swiss of 120 men. There is besides another company
at St Peter's about 4 leagues from Canso and another at the island of St John's 30
leagues north of this place, which they have lately taken possession of although
properly belonging to the province of Nova Scotia.

That notwithstanding this dangerous situation of Canso there are neither fortifica-
tions nor forts belonging to it and the French of Cape Breton have all along looked
upon this place with an envious eye, being most advantageously situated for carrying
on the cod and whale fishery and of late years has made a considerable figure in these
great branches of trade. That there are no barracks to lodge the four companies of the
regiment nor storehouses to secure their provisions other than what has been slightly
erected by the officers commanding there, for want whereof the soldiers have been
reduced to the greatest extremity and several of them have actually perished. That this
place, which is of so great importance to the crown of Great Britain and subjects, will
inevitably fall into the hands of France upon a rupture if it be not strengthened by
vessels of force, a good fortification with stores of war, and an additional number of
men at least in proportion to the neighbouring French settlements; and if this should
be reduced it will endanger the loss of the whole province of Nova Scotia and sensibly
affect HM's other colonies in regard the inhabitants of many of them are concerned in
carrying on the fishing trade as well as HM's subjects in England. That these aforesaid
French settlements are full of people and will in case of a war be a great annoyance to
the settlements in Nova Scotia as they can at pleasure send out privateers and intercept
our supplies and destroy our fishing vessels. That the low establishment of this
regiment, and even those divided as aforesaid, are scarce enough for common duty in
time of peace but very insufficient for defence of these places in war, which being very
well known to the neighbouring French may induce them to make one of their first
enterprises upon this place whenever we have a rupture with them; and there is too
much reason to fear they may succeed considering that the four companies at Canso
are so entirely separate that those at Annapolis can scarce hear from them in a
twelvemonth, there being no vessel whatever allowed for keeping up a necessary
correspondence with them or any other part of the province. It is, therefore, finally

37 2 ] AMERICA AND WEST INDIES 1739 179

submitted whether, in case of a rupture with France, it may not be advisable to
augment the land forces now there and also to send a naval force thither as likewise to
cause some fortifications to be erected and a proper supply of ordnance stores to be
sent over. Signed. 25 pp. [CO 217/39, ff 2O4~2O7d; copy of enclosure, endorsed (i)
Reed. June 1740 (2) Left at the office by Maj-Gen Philipps, in CO 217/8, ff 78~

369 Alexander Spotswood to Duke of Newcastle soliciting HM's leave to
September 5 return home after ten years of service as deputy postmaster-general of

Virginia British dominions in America. Passage requested for self and family in
one of the Admiralty's station-ships. Signed, i small p. Endorsed, R, 16 November. [CO
5/1337, ff 2i6-2i7d]

370 Minutes of Trustees for Georgia. Sealed resolutions relating to grants
September 5 ant j tenures of lands in Georgia. Sealed deed poll relating to forfeited
Palace Court j ots Ordered that 500 copies of the resolutions be printed. Entry. \ p.

[CO 5/687, p 136; entry of resolutions and deed poll, dated 29 August, in CO 5/670, pp
414-419]

371 Benjamin Martyn to Andrew Stone. The Trustees for Georgia, observ-
September 5 m g i n the King of Spain's manifesto, p 19, the following paragraph, viz

Georgia Office "This contravention is not unlike that of Florida in 1735 when it was
agreed that all things should remain in statu quo till the limits were regulated by the two
governors. The English governor nevertheless went on in extending his plantations and
committed several hostilities against the Spaniards and his Catholic Majesty's Indian
vassals,' and supposing this must refer to the treaty which was settled between Col
Oglethorpe and the governor of Augustine, they think it incumbent on them to desire
you will lay before the Duke of Newcastle the errors which they find in that paragraph of
the manifesto. In the first place no treaty was made there in 1735; it was in the month of
October 1736, Col Oglethorpe not arriving in the colony till February 1736. In the
second place there is no article in the treaty that all things should remain in statu quo; but
it was agreed that the island of St George, which commanded the Spanish outguard,
should be dispeopled and left unpossessed by the subjects of either nation as a barrier
between them, and that as to what regarded the differences which were or might arise
concerning the limits of the two respective governments and dominions of the two
crowns, the said differences should not be touched upon but rather laid aside to be
decided and determined till the two respective courts should resolve and determine them
and that no hostilities should in the meantime be committed by either side. The Trustees
conceive this article could be no restriction upon them from fortifying their settlements
already made and they think it proper his grace should be acquainted that no plantations
have been extended beyond the island which was dispeopled. Nor has Gen Oglethorpe
committed any hostility against the Spaniards and his Catholic Majesty's Indian vassals,
but on the contrary Col Oglethorpe has always taken the most effectual methods to
prevent the free Indians as well as those which are subjects to HM offering any violence to
the Spaniards or their Indians in revenge for injuries which they had received in the
murder of several of their nations, and has kept boats at an expense to the Trust to hinder
their passing over the river which is the boundary of the two provinces. Signed. 3 small
pp. [CO 5/654, ff 22i-222d; entry in CO 5/667, pp 279-280]

372 James Oglethorpe to Harman Verelst. I am just arrived at this place
September 5 from the assembled estates of the Creek nation. They have very fully

ort ugusta d ec l are d their rights to and possession of all the land as far as the River

l8o STATE PAPERS COLONIAL [3/3

St Johns and their concessions of the seacoasts, islands and other lands to the Trustees, of
which they have made a regular act. If I had not gone up the misunderstandings between
them and the Carolina traders, fomented by our two neighbouring nations, would
probably have occasioned their beginning a war which I believe might have been the
result of this general meeting; but as their complaints were reasonable I gave them
satisfaction in all of them and everything is entirely settled in place. It is impossible to
describe the joy they expressed at my arrival: they met me forty miles in the woods and
laid provisions on the roads in the woods. The express being just going to Charleston I
can say no more but that I have had a burning fever of which I am perfectly well
recovered. I hope the Trustees will accent of this as a letter to them. Signed. i small pp.
Endorsed, Reed. 30 November 1739. [CO 5/640, ff 37

373 Order of King in Council approving drafts of instructions to James

September 6 Glen, governor of South Carolina, with some alterations proposed by

Kensington ^j r Q| en an j recommended by Commissioners for Trade and Planta-

tions. Copy, certified by W Sharpe. 35 pp. Endorsed, Reed. 22 September, Read 16

October 1740. Enclosed:

373 i Kensington, 7 September 1739. Draft instructions to James Glen. 88 pp.
[Order in CO 5/368, ff 3i-3id; instructions in CO 5/198, ff

374 Josiah Burchett to Thomas Hill enclosing copy of account received

September 6 from Capt Warren of the weakness of the garrison at Canso and
Admiralty strength of the French at Cape Breton. Signed. 2 small p. Endorsed,
Reed., Read 6 September 1739. Enclosed:

374 i HMS Squirrel, Boston, 9 July 1739. A state of the French fishery at Cape
Breton by Capt P Warren.

The French have at present in the different parts of the Island Cape Breton 500
shallops who employ 5 men each, that is to say 3 in the shallop to catch the fish and 2
on shore to cure it. These shallops are about 7 or 8 tons and catch generally 300
quintals of fish in a season (which is from April to the latter end of September) of
which the fishermen have one third and all things furnished them at the owner's
expense, who draws the other two thirds for his outset in catching and his labour in
curing the said fish, which is effected by often exposing it to the sun and sorting it for
the different markets, each sort being kept in different piles and not weighed off till 20
September and then sold to the ships that come from France with stores and
necessaries for carrying on the said fishery, and that at a price appointed by order of
the government which is generally about 95 sterling a quintal. This fish is carried to the
different parts of France, Spain, Portugal and Italy and there sold at a higher rate than
the English fish by reason of the care that is taken in curing it and of the method they
have in sorting and sizing it for the proper markets. This is the method of the summer
fishery carried on by the inhabitants; now comes on that of the winter fishery. The
summer season being over they contract with their men anew and allow them half
what fish they catch and they find themselves provisions. The fishery begins about the
middle of November and ends the beginning of February in which time they
frequently catch 100 quintals a boat, which fish is ready to ship in the spring for
France by which means they have the advantage of the English who make no winter
fish there. There are at least 80 sail of ships in a year load with fish and trainoil
proceeding therefrom of which number there are about 60 sail who come to purchase
their load, which may be computed at 2000 quintals of fish one ship with another. The
rest of the ships fit out from that part of France called St John de Loe and Bayonne to

374]

AMERICA AND WEST INDIES 1/39

181

fish for themselves and proportion their number of men to the quantity the ship will
carry, which they compute at 2 men to every 100 quintals of fish. These men have no
wages out or home, are allowed by the owners nothing but bread and small beer and
one pound of butter a day for ten men, and at their return to France they have two
fifths of what fish they have caught amongst the master and crew and the owner of the
ship has the remainder. Some of these ships' men fish in shallops but most in
schooners from 20 to 40 tons who go to the Isle of Sable bank, Bank Quero, St Peter's
Banks, and all the banks on the coast of Nova Scotia and catch their fish there and
make good part of them in the English uninhabited ports on that coast. In 1720 the
French fishery consisted at most of about 1 5 or 20 sail of ships, few shallops and no
schooners but have gradually increased ever since. Besides these French ships that load
for Europe there are yearly above 30 sail of large sloops, schooners and brigs load for
the French settlements in the West Indies.

Sorts and sizes of fish for the different ports to which they are carried by the
French :

Lisbon

Marseilles

Leghorn

Naples

Bordeaux

Nantes

Bayonne

Bilbao and all Biscay

small
white
fish

large
black
fish

Cadiz

Alicante

Seville

Dunkirk
Havre
St Malo

larger(?) fish
of all sizes,
one with
another

large

winter

fish

French West Indies mostly refuse [MS: refuge] fish.

As to the state of the garrison at Canso, if it can be called so, it is in a most
miserable condition, not one gun mounted nor a barrack fit for a soldier to live in.
There are now there four companies of 30 men: in my humble opinion, had we a
rupture with France, it would not be supportable a week in its present condition. I am
informed the French are very well fortified at Cape Breton and have never less than
1000 regular troops in garrison there.

The English fishery at Canso is much decayed in proportion to the improvement
and increase of the French fishery within these ten years past, greatly occasioned by
their fishery on those banks on our coast which are looked upon as the sole property
of the crown of England. and its subjects, and even making and curing their fish on the
coast of Nova Scotia; which, if they could be prevented from doing, they must
entirely give up that valuable branch of trade which employs great numbers of people
as appears by the above state of the French fishery. I am also informed that the French
have no fishing banks within their limits but such as are subject to inconveniences that
would render it impracticable to carry on their fishery with any advantage. The form
and situation of the islands of Canso seem calculated by nature for the use of the
fishery and nothing else, for which reason a small fortification there for the protection
of the fishery would be necessary; and as the barrenness of that soil and that adjacent
renders it incapable of any other improvement, I apprehend a settlement made in one

l82 STATE PAPERS COLONIAL [375

of the best ports on the south side of Nova Scotia, where the soil is good and proper
for agriculture and as near Canso as such port may be found, would be of great
advantage to the fishery. Port La Have and Shettbucter, the former about 40 leagues to
the eastward [sic] of Canso, would be the properest place for such a settlement but
especially Port La Have, the soil being better, though both fine harbours. In the
present situation the French, by their missionaries and the presents the crown makes
annually of powder and shot, and triannually a new gun to each Indian fit to bear
arms, have so riveted them to their interest that they will not suffer an Englishman to
settle or cure fish in any of the ports on the south side [of] Nova Scotia, in all which
ports there are a few Indians, one of which has a commission from the governor of
Canada or Cape Breton to command a particular district and generally bears the title
of captain of the port to which they belong. These are such observations as I have been
able to collect in obedience to their lordships' orders. Copy, 6 pp. [CO 217/8, ff
46-5 id]

375 Commissioners for Trade and Plantations to Governor Jonathan
September 7 Belcher acknowledging letters of 29 August, 20 and 21 December 1738

and 23 January 1739. We have perused all those from you back to 28
December 1736, great part of which consists of reasoning against reports by this board to
HM. Your answer of n May 1737 will lie by for your justification. One copy of the
King's orders for running the boundaries between Massachusetts and New Hampshire
was sent sealed to the governor of Massachusetts, another copy open to the commander-
in-chief then residing in New Hampshire. Proceedings on this commission are now
before HM. We have reported to HM on the paper currency. Your agent Mr Partridge is
to have copies of all complaints and papers against you arising from the petition of John
North and others resident in the eastern parts of Massachusetts. Letters to you will be
delivered to your agent as desired. PS. Lieut- Governor Clarke reports that several of your
colony have gone within sixteen miles of Hudson River with a surveyor to lay out lands
without waiting for meeting of commission to determine boundary between New York
and Massachusetts. We think this too hasty; take all possible care to prevent disputes.
Entry. Signatories, M Bladen, J Brudenell, R Plumer. 5! pp. [CO 5/917, pp 284-289]

376 Same to Lieut-Governor George Clarke acknowledging letters of 18
September 7 an( J 24 April, 24 May and 1 5 June 1739. We doubt not but you will by

your prudent conduct preserve the peace and tranquillity of the
province, notwithstanding the printed libel which you sent us or any other writing of that
kind which the discontented may publish in order to inflame the people; and we hope you
will at your next meeting with the Assembly find them in such a temper as to be able to
obtain from them a settled revenue, so absolutely necessary for the support of your
government, taking particular care to get it done in such a manner as not to admit of any
the least encroachment upon the prerogative of the Crown. We hope you have written to
the commissioners for Indian affairs about the murders committed in Virginia and that
you will bring the Six Indian Nations to settle a lasting peace with that colony and with all
the Indians under the protection of HM and in friendship with his people. We have had
under our consideration what you mention in your last of 24 May 1739 concerning the
boundaries of your province; and as it is our opinion that the people of Massachusetts
have been too hasty in this affair we have written to the governor to have it adjusted in an
amicable way by commissioners, agreeable to his own proposals, and in the meantime to
take care to prevent any inconveniences that might arise to either of the colonies by any
disputes about it. We have laid your letter of 1 5 June before the Duke of Newcastle with

3/9] AMERICA AND WEST INDIES 1/39 183

the papers transmitted with it and hope you will soon have directions from him how to
act upon that occasion. Entry. Signatories, M Bladen, James Brudenell, R Plumer. 2 pp.
[CO 5/1126, pp 88-89]

377 Rev James Woodside to Commissioners for Trade and Plantations. Age
September 7 an d infirmity do not permit my waiting on you. I have sent you a letter

Chelsea Q f attornev signed by 207, some of whom I well know, having exercised
my pastoral office among them for some time. My son, who was sent over express by the
people with a long memorial, can and will give as much light in it as I possibly can, having
been an eye-witness to Governor Belcher's demolition of Fort Mary, dismantling Fort
Frederick and reduction of Fort George after I had most earnestly and previously
dissuaded him, the said Belcher, in a letter to him to beware of demolishing, etc any of
HM's forts at such a critical juncture. Your speedy determination of that affair will be
acceptable service to God, may save lives of many, and engage the prayers of, Signed,
James Woodside. i small p. Annotated, Should be September 6th. Endorsed, Reed., Read
6 September 1739. [CO 5/881, ff 145, i45d, 151, 15 id]

378 Account of bills of Massachusetts issued and discharged from 1703 to
September 10 1739, received by the Treasurer of Massachusetts at several times of the

Boston committee appointed by the General Court. Sums issued, stated
annually: 1703-1714, I9495O/ 135; 1715-1729, 432O55/ 8s; 1738-1739, I9I9O9/. Sums
discharged and burnt, stated annually: 1707-1714, 6896S/ 25 4^; 1715-1733, 22450^ 145
<>d; 1738-1739, 1275 io/ 95 8d. With accounts of bills outstanding and remaining in the
Treasurer's hands. Signed, John Wheelwright. 3 pp. Endorsed, Received from Mr Kilby.
Reed., Read 18 March 1740. [CO 5/881, ff 24

379 William Stephens to Harman Verelst. In my last of 26 July I acknow-

September 10 ledged the receipt of yours of 27 April and io May with sundry other
letters and papers as therein mentioned, which I sent by my son
together with one to the Trustees and copy of my journal, etc as usual; and from the
distance of time I might hope he is near the end of his voyage now unless he should be
fallen into the Spaniard's hands and intercepted in his way, against whom when we least
expected it we are newly informed open war is declared, which information is brought us
by a sloop arrived here from Rhode Island 8th instant with some provisions for sale if we
can find money to purchase them. The master of the sloop reported, and made affidavit to
the truth of it, that the Tartar pink was sent express from the government to acquaint the
northern provinces with it; that upon her arrival at Boston a messenger was sent overland
to Connecticut, Rhode Island and New York with packets for the several governors of
those places advising them thereof; that upon the governor of Rhode Island's opening his
packet he went together with his Council into the balcony of a public house from whence
his secretary read the contents to the people who were assembled by beat of drum,
signifying that he was empowered to grant commissions to all people fitly qualified to set
out privateers and to take, burn or destroy all the Spanish ships they could; that
thereupon, within the few days he stayed, there were three sloops equipped and ready to
sail as privateers with 80 good men on board and three or four more would soon be ready
to follow; that the Tartar pink (he understood) was to sail immediately from Boston with
the like intelligence from government to these provinces of Carolina and Georgia and he
expected to have found her here. These matters [being] of such importance we dispatched
immediately several expresses off to the general if he might be found, to the major at
present commanding officer in the south, to the commander of the company at Port

184 STATE PAPERS COLONIAL [3/9

Royal, and to the lieut-governor of Carolina (doubting whether or not he might yet have
had advice of it), to whom I severally wrote and enclosed copies of the foresaid affidavit.
To which time my enclosed journal is carried on containing various matters of a different
nature and was extended to a little longer time than usual in expectation of Capt
Thomson's arrival here whom we looked for from what you wrote me in your last of 10
May, but these advices now informing us that the war broke out soon after we imagine to
be the cause of his not putting to sea so soon. After what manner our correspondence
hereafter must be carried on, we are to learn, a new scene commencing (as I reckon) from
the close of my present journal. And as this province is now in an especial manner become
a frontier against the enemy (for which our neighbours of Carolina ought to show a
kinder regard to us) I doubt not but the Trustees will have that interest with the
government as to secure the preservation of this colony, which I dare affirm from what I
can observe the present inhabitants will do all that is in their power to contribute to.
Could it have been foreseen what a sudden change has happened in regard to peace or war
I am confident my son would not have turned his back and left us at such a juncture; and
if I know him right I believe it will be far from being a cause of his not returning the
sooner. He will now have the satisfaction to be informed by you in what manner his
future subsistence is so kindly taken care of by the Trust, which you gave me the pleasure
of writing me was intended and I am perfectly easy about, though by reason of no letters
coming since I could not attain to the knowledge of it yet.

One thing I must observe with pleasure: that this examination has produced (I hope) a
better understanding betwixt Mr Jones and me than at one time past I could promise
myself, from whence generally has followed an unity in opinion, always to be wished for
and at this juncture more especially, so necessary that I should stand self-condemned in
suffering any private pique or resentment of mine to interfere in our carrying on the work
required, neither will I doubt but his thoughts are the same; and allowing a little
complacency to take place sometimes of the reverse, such a coincidence must ensue as will
bring to effect what a dissension commonly forbids. It would be great vanity in me to
affirm an equal knowledge with Mr Jones in these matters of accounts, which by long
practice doubtless he is perfect in and very dexterous in tracing such dark affairs from
their first source. What little help I can give is not nor shall be wanting. I cannot yet free
my thoughts of some doubts whether or not we have done right in not strictly observing
those orders Mr Parker and I received touching the receipts and issues of stores which I
presumed to offer some reasons for our not intermeddling with in my former and which
proceeded from no unwillingness but purely from a fear that it might produce some ill
effects and be displeasing where I would by no means give offence, Mr Jones's present
situation not seeming easily to admit of any control from us. I shall wait, therefore, in
hopes of a safe guidance through these straits for I must wish always to be right.

I flattered myself that by this time I should have perfected divers lists I am preparing
which may show the present state of the colony, but indeed my hands have been so full of
late and now we are so daily exercised in despatches of another sort upon this alarm of
war that I hope I shall be forgiven for delaying it till I get a few days more leisure. In the
meanwhile I cannot be easy in deferring any longer to send what I do to my
correspondent at Charleston where it must take its chance how long it will lay before a
safe opportunity offers of proceeding for England. Signed.

PS. A trading boat from New Windsor bound for Charleston is arrived here and
reports that the general in his travels, finding himself not well, was returning this way
being come within forty miles of Augusta where it might be expected he would be soon;
but how far the patroon of this boat may be credited I cannot say. Surely every good man
wishes to see him well here and most people think this report is without sufficient

382] AMERICA AND WEST INDIES 1739 ^5

grounds. You may possibly remember that when I left England there was one Wolly, a
young man whose friends you knew, came a passenger with me as far as Charleston where
(I wrote) he was soon seduced and would proceed no farther this way. It seems some
friends of his sent a small cask after him, directed hither where it has lain in the stores I
know not how long, no person inquiring after it: wherefore it was thought proper to open
it lately when Messrs Parker, Jones and I were together, and the enclosed paper shows the
contents. If you will give yourself the trouble to let his friends know what we found it
will be delivered to your order. Bad paper and a heavy hand seldom do well together; the
stationer certainly cannot call it good as I acquainted you more than a year since. It is now
near an end and we know not how to come at any good unless you will furnish the Trust's
secretary with a ream of good foolscap in folio and ditto of post in ditto. 2 pp. Addressed.
Endorsed, Reed. 30 November 1739. [CO 5/640, ff 373~374d]

380 Fragment of letter without signature or addressee. We have just now

September 1 1 received advice that Gen Oglethorpe arrived at Fort Augusta in Georgia
Charleston Qn ^ mst Qn j^ return f rom tne Cowetas which is the chief town of
the Creek Indians about 400 miles within land from this place. At the Cowetas on n
August 1739 was held a general meeting of the estates of the Creek nation and the micos
or kings, chief men, and deputies from all the towns of that nation were assembled there.
This meeting of the Creek Indians continued till 21 August 1739 and gave strong
assurances of fidelity to HM and proposed several regulations for maintaining the peace
of the country to which the general agreed. He and the gentlemen that accompanied him
endured much hardship in their march, being obliged to pass through great woods where
for 240 miles there was neither house nor inhabitants of any kind and were forced to swim
their horses over several large rivers. The Indians received his excellency with the greatest
respect and friendship and entertained him and his men with plenty of fowl, beef, pork,
venison, melons and other fruit. The general was ill with a burning fever in the Indian
town but is perfectly recovered. ii small pp. [CO 5/640, ff

381 Commissioners for Trade and Plantations to Governor Gabriel John-
September 12 s t on acknowledging letters of 1 5 January and 1 3 June 1738 and 10 April

Whitehall 1739. HM has approved of recommendation of Mr Murray to be
Councillor. As to the dispute you mention relating to boundary with South Carolina we
have only to answer that as yet no application has been made to us from South Carolina
but whenever there should be we shall take the same under our consideration and you
shall be acquainted with what is done in it. We are glad to hear the Assembly have passed
so many good laws and so soon as we shall receive them we shall take them into
consideration. In the meantime we congratulate you upon the good harmony that is at
length established betwixt you and the people under your government and hope for the
continuance of it to your mutual satisfaction. We enclose to you the opinion of the
Attorney- and Solicitor-General relating to staple commodities rated and we hope the
affair of the blank patents will soon be put into such a method as to make all parties easy.
Entry. Signatories, M Bladen, J Brudenell, R Plumer. 2 pp. [CO 5/323, pp 266-267]

382 Same to President William Bull acknowledging letters of 20 April and
September 12 2 o July 1738 as likewise representation [of 25 May 1738] setting forth

HM's right to Carolina with depositions and other papers in support
thereof. Copy of letter of 20 April was sent to Duke of Newcastle in order that proper
measures might be taken for the defence and security of that part of HM's dominions. We
reported on 25 July 1738 to the Committee of Council that the importance of the

l86 STATE PAPERS COLONIAL [383

province and the posture of affairs in America are such that, though we were not capable
of determining what quantities and species of stores were requisite for that service, we
were however of opinion that HM might grant such supplies as he should think
convenient. We likewise on 2/th of same month recommended your representation
abovementioned with the other papers on the same subject to Duke of Newcastle as
matters of great moment to HM's service as we have also done with respect to what you
wrote to us in yours of 20 July 1738 concerning the Choctaw Indians, which is all we have
to say at present on those subjects. Entry. Signatories, M Bladen, J Brudenell, R Plumer.
ii pp. [CO 5/402, pp 13-14]

383 Harman Verelst to James Oglethorpe, by King George, Capt Jacob
September 14 Ay res consigned to William Hopton in Charleston. Your letter of 15

Georgia Othce j une J as t to the Trustees' accountant containing a matter of great
importance to the public, the Trustees ordered a copy of part thereof (as far as your
mentioning your being obliged to buy horses and presents to carry up to the meeting of
the Indian nations) to be sent to the Duke of Newcastle with a memorial from the
Trustees on your behalf concerning the expenses which may attend that service on this
extraordinary occasion for the security of the colony, which is no way provided for by
any money granted for the Trust. Copy herewith sent. By which memorial the Trustees
hope you will have a proper claim laid to entitle you to apply to the administration for the
payment of these expenses or any other you may have defrayed or should have occasion
to defray for the security and defence of the colony as necessary services incurred and not
provided for by Parliament. And the accounts thereof, when sent over by you, will enable
such person as you shall appoint to apply for the reimbursing you such expense as
abovementioned since the Trustees have it not in their power to do so with any money
they are accountable to the public for.

The Trustees having at their last general meeting resolved to extend their grants to
their present tenants in tail male, the Common Council have with great deliberation and
in consequence of many full meetings at last resolved to preserve their tenures in tail male
but to extend their grants under the same rents, reservations, provisos and conditions as in
their original grants are contained, save and except so much thereof as is now allowed in
case of failure of issue male, which resolutions were agreed to on 28th of last month and
also a deed poll relating to forfeited lots. Copies herewith sent; and these resolutions will
be printed for the use of the inhabitants in Georgia. The Trustees having been informed
that Caleb Davis had an order from the governor of St Augustine for 400 arms and for
ammunition and that he had promised to supply the Spaniards with them, you are hereby
acquainted thereof that the same may be inquired into and guarded against and more
especially in the present situation of affairs. The Trustees have herewith sent you a book
containing a compendious account of silkworms and have sent five more of them to Mr
Stephens for the use of such persons in both parts of the province who are most desirous
to promote that so much wanted and beneficial produce. Your letter of 28 May last was
received roth inst and read i2th but the particular accounts you mention to be sent by
way of Carolina are not yet received although your letter of 1 5 June beforementioned was
received 2oth of last month; and the Trustees are sorry for your rheumatic pain
occasioned by your fatigues but hope it is gone off again. Entry. 12 pp. [CO 5/667, pp
280-281]

384 Harman Verelst to William Stephens. The Trustees since their letter to
September 14 y OU dated loth of last month have received your letters dated 19 May

Georgia Office an( j 22 j une ^^ y Qur j ourna l s f rom April before. They are concerned

384] AMERICA AND WEST INDIES 1/39 187

to find Mr Jones's behaviour so dissatisfying to the people and therefore so ungrateful to
you, and that your son has had the least reason of uneasiness which the Trustees
apprehend him in no manner deserving of. They have wrote to Mr Jones of what is
expected of him and have herewith sent you a copy of that letter; and Mr Hawkins being
to correspond with you from the southern part of the province they have wrote to him
also and sent you a copy thereof: the occasion of which letters is that it may be known
what great dependence the Trustees have on you and how much they regard you. When
your son arrives the Trustees hope his health will soon be re-established and that he will
hasten his return to you to be assistant to and entrusted in their service by you, whose
example they would have him imitate. The resolution of the Common Council relating to
the grants and tenure of lands in Georgia passed the seal 28th of last month and are now
printing for the use of the inhabitants, and the original and printed copies thereof will be
sent you together by the America, Capt Gerald; as also a proper notice to be given in
America by affixing one in each respective town-court in Georgia and publishing it in the
South Carolina Gazette, which the Trustees will employ William Hopton at Charleston
to do, to whose care on your character of him in your journal the Trustees' letters and
parcels for the future will be consigned. The Trustees have herewith sent you a book
containing a compendious account of silkworms and have sent another to Gen
Oglethorpe, as also four more of them to you for the use of such persons in both parts of
the province who are most desirous to promote that so much wanted and beneficial
produce, to be lent them for making a good use thereof. And the Trustees desire to know
how Abraham de Lyon goes on with his vineyards.

The Trustees have wrote to Mr Jones about Mr Causton's and Mr Bradley 's accounts
and they desire that Mr Bradley should be called upon to give security for his remaining
in Georgia until his accounts are made up, for which purpose Mr Christie has been wrote
to. And the Trustees desire a return to their commission for examining and stating the
public debts particularly mentioned therein, that they may know the true amount of the
said debts and thereby be enabled to deliver their account to Parliament, which
commission if not fully executed must be perfected with all possible expedition, the
Parliament being expected to meet before Christmas. The Trustees desire you will let
them know the present state of the province with respect to its inhabitants and defence,
and also desire to have a report concerning the land of the several lots set out at Highgate
which you and Mr Henry Parker were directed to view by the Trustees' letter of 12 June
1738. And as Mr Hugh Anderson has wrote very largely to the Earl of Egmont, which has
been communicated to the Trustees, they have herewith sent you a copy thereof and
desire you will make your observations on those parts which relate to the lands with
regard to their different soils and communicate the same to the Trustees, together with
your informing them if from observation any person's lot already set out does not contain
sufficient good land to maintain with industry their family and livestock. They also desire
to know of what nature the 300 acres of land is which is set out for the religious uses of
the colony in the northern and southern parts thereof, and what progress has been made
in the cultivation of those 3OO-acre lots, and also if any and what progress has been made
towards building a church and to have a model or description of such intended building.
The Trustees desire you will inform yourself and let them know whether any and what
money has been received, and by whom, for the granting of licences to traders with the
Indians and in what manner the same has been accounted for. Entry. NB. Capt Gerald has
sold his ship to the government for a fireship and Capt Summerset will be the next that
sails. 2 pp. [CO 5/667, pp 282-283]

l88 STATE PAPERS COLONIAL [385

385 Harman Verelst to Thomas Jones. The Trustees have reconsidered their
September 14 orders in letters of 3 March and 14 July concerning issue of sola bills

Georgia Office an( j accountm g f or tne produce of the beer sent to Georgia. They now
require that those services should be performed by William Stephens, Thomas Christie
and yourself, by all three when possible, if not by any two. No one of the three alone has
any power, without the concurrence of one other, to apply the produce of the beer or
issue the sola bills; accounts received or bills issued by one only will not be accepted. The
Trustees, having appointed you third bailiff of Savannah, hope that you will carefully
execute that office and as much as in you lies encourage the other magistrates to act in
conjunction with you by an affable and courteous behaviour, which is the most proper
endearment for producing the respect due to such office. The Trustees also further
recommend to your conduct that on all occasions you apply to and consult with William
Stephens, the nature of whose employment is of that great trust and general extent that it
requires that every magistrate and other officer in every part of the province should
without reserve acquaint him with and consult him in all matters of importance, that he
may be enabled to give the Trustees such a minute account from time to time of the state
of the province which they expect from him. The Trustees desire you will hasten the
finishing the accounts of Thomas Causton and William Bradley with the Trust in case
they are not already done, and they have wrote to Mr Christie to call upon Bradley to give
security not to depart the province of Georgia until his accounts are made up. They have
also wrote to Mr Stephens to hasten the finishing their commission for examining and
stating the public debts in Georgia to enable the Trustees to exhibit their account to
Parliament, and you being in the commission the Trustees require your assistance therein
if not already perfected. Entry. i pp. [CO 5/667, pp 284-285]

386 Same to Thomas Hawkins. The Trustees have allowed you io/ a year
September 14 f or corresponding with William Stephens concerning occurrences in the

ce southern part of the province. Every magistrate and officer is required
to acquaint him of and consult in matters of importance so that he may inform the
Trustees. Entry. \ p. [CO 5/667, p 285]

387 Same to William Hopton. The Trustees have consigned to you a packet
September 14 anc j b ox to be forwarded to Gen Oglethorpe in Georgia and intend to

Georgia Office ^ Q ^ same j n f uture j^ r Stephens will defray expenses. PS. Please
deliver letters for Charleston. Entry. \ p. [CO 5/667, p 286]

388 Same to Thomas Christie directing that the best possible security be
September 14 given by William Bradley not to depart Georgia until his account be

ce made up. The Trustees require your assistance in completing the
commission for examining and stating the public debts in Georgia. Entry. \ p. [CO 5/667,
p286]

389 [James Abercromby] to Harman Verelst. The packets which Capt
September 18 Townsend brought I received the 1 5th at night and next morning sent

them by a safe hand to Mr Stephens as directed. The general was then at
Augusta about 100 miles from Savannah waiting some headmen of the Cherokees to have
a talk with, as by his letter to Col Bull he informs him, as also that he had been ill of a
fever amongst the Creeks but then recovered. As Col Bull was then sending an express to
the general to make known HM's commands to him I begged him to let the general know

39}] AMERICA AND WEST INDIES 1739 189

that Col Stephens had received a packet directed for him, that he might lose no time in
getting it. Unsigned, i small p. [CO 5/640, ff 37

390 Governor Edward Trelawny to Duke of Newcastle. Capt Stapylton in

September 20 HMS Sheerness having appeared off Cartagena with French colours to
Jamaica ta j^ e a v j ew o f tne Spanish ships there, Don Bias de Lezo sent his officer
de ordines to go on board the Sheerness, taking her to have been dispatched by the
Consulado with packets on the King of Spain's service. The officer accordingly went on
board and Capt Stapylton has brought him with the boat and nineteen men to this island.
Herewith I send another copy of the list of Spanish ships of war in the West Indies, which
with the advice from Havana of 22 June I believe still holds pretty exact. As St Jago de la
Vega, the capital town of this island where all the records are kept, stands very much
exposed in an open savannah, and as the pieces of ordnance that were granted long since
for its defence are now altogether unserviceable, I must beg that you will be pleased to
represent to HM the great want we are in of six field-pieces for the defence of the town in
time of war, it being not above three hours march from several places an enemy may
easily land at. Signed. PS. Herewith I send you a letter from Commodore Brown. 2 pp.
Endorsed, R, 26 November. Enclosed:

390 i List of Spanish ships of war in West Indies, April 1739. Copy of no 141!. PS.
By advice from Havana, dated 22 June, Admiral Pisarro sailed that day for Cadiz. ii
pp. [CO 137/56, ff 247-25od]

391 Same to same. I having summoned a council of war the 5th of this
September 20 month to consider what steps were the most proper to be taken to put

this island in a posture of defence, the following resolution was taken.
'Resolved, that it is the opinion of the council of war that martial law commence and be
established on 29 September and not sooner, to the intent the quarter-taxes which will
become due on the 28th may be collected and the business of the grand court not
impeded, unless HE shall find an apparent necessity for establishing it before that day.
And it is also the opinion of the council that martial law shall not continue and be in force
longer than for three months unless HE shall judge it necessary from the circumstances of
the public affairs to continue it longer than three months as aforesaid.' It shall be my
particular care not to harass the people of the island during martial law or to let it last
longer than the utmost necessity requires. I hope six weeks or a month will be sufficient.
Signed. i pp. Endorsed, R, 26 November. [CO 137/56, ff 25i-252d]

392 Same to same. There being several Spaniards already taken by the
September 22 men-of-war, who not being able to keep them on board send them

ashore, whereupon I am forced to order them into jails to be subsisted
at the country expense. The people here are very uneasy at it; and by what I can judge of
their temper the Assembly will not make any provision for the subsistence of prisoners
taken by the men-of-war. I desire you will let me know what shall be done with the
prisoners of war and whether they should not be subsisted out of the value of the prizes
till HM's pleasure be known in relation to them. Signed, i p. Endorsed, R, 26 November.
[CO 137/56, ff 25

393 Same to Andrew Stone. Pleased am I indeed with the Duke of

September 22 Newcastle's private letter and have returned my thanks for it in the

Jamaica enclosed [above, no 314] which as it contains nothing but my thanks I

thought better to put under your cover than to mix it with the letters of business. I sent

190 STATE PAPERS COLONIAL [394

Mr Manning Mr Delafaye's letter. I have been so taken up since the arrival of the
Shoreham man-of-war that I have not talked with Mr Manning about that affair but I
wrote to him today to know how the case stands between Mr Delafaye and him and hope
to send an answer by Capt Herman who sails three days after the fleet which sails
tomorrow. By Capt Herman I shall send duplicates of the letters I now send to the Duke.
The council of war has advised me to proclaim martial law. I took care not to recommend
it because I know what clamours the lawyers make, who are the only people really hurt
by it, and the handle some factors here make of it not to send remittances home occasions
the merchants at home to grumble at it. But there was absolutely a necessity for it in order
to raise little batteries on the seacoast and to place guards there which by law cannot be
done. It is plain that the Spaniards at Cartagena and on the coast did not know of the
rupture about a fortnight ago when Capt Stapylton who went to look into the condition
of the port took Don Bias de Leso's officer de ordines (he calls himself major-general of
the galleons) who came in his boat about five leagues off for the Admiral's letters, so that
the commodore has had a fine time to act in by the early advice our ministry has taken
care to give. Signed. PS. The treasure from Peru arrived at Panama 31 July (NS). ^\ pp.
Endorsed, Duplicate. [CO 137/56, ff 2 5 5-2 5 6d]

394 Warrant to Duke of Argyll, Master General of Ordnance, for delivery
September 28 to James Oglethorpe of the following for the defence of South Carolina

Kensington an j Q eor gi a: howitzers or 8" mortars, 2; fixed shells for same, 400;
spare fuzes for same, 100; spades, 1000; shovels, 1000; pickaxes, 100; hand-hatchets, 500;
hand bills, 500; felling axes, 20; muskets with bayonets and cartouche boxes, 1000;
musket shot, 30 cwt; match, 10 cwt; sandbags, 10000; fixed coehorn shells, 2000;
gunpowder, 600 barrels. Signed, George R. Countersigned, Holies Newcastle. i pp. [CO
5/384, ff 59-6od]

395 Duke of Newcastle to Governor Edward Trelawny acknowledging
September 28 letter of 30 June. HM was extremely pleased to see the good success of

your endeavours for the reduction of the rebellious Negroes. HM has
under consideration what you mention with regard to the number of the forces now at
Jamaica, and you may be assured that all possible care will be taken for the safety and
defence of the island. You will have received long before this time HM's orders
authorizing you to grant letters of marque and reprisal against the ships and effects of the
Spanish subjects, and I doubt not but you will have encouraged the people under your
government to take out letters of marque and reprisal and to make use of this opportunity
to revenge the insults which HM's subjects in America have received from the Spaniards.
And as it has been represented as a very particular thing to make descents upon some of
the Spanish settlements in America, and as the persons to whom letters of marque and
reprisal are granted are (it is presumed) by virtue of them authorized to make such
descents as well as to take any Spanish vessels at sea, you will I am persuaded do all in
your power to encourage the inhabitants of Jamaica to undertake such enterprises which
cannot fail greatly to annoy the Spaniards and will probably be attended with great
benefit to the adventurers. Draft. 2 pp. [CO 137/56, ff 238-

396 John Thomlinson to Commissioners for Trade and Plantations. En-

September 28 closed papers arrived today. Signed. % p. Endorsed, Reed, i October,
Read 1 6 October 1739. Enclosed:

396 i Stratham, New Hampshire, 18 July 1739. Address of inhabitants to
selectmen of Stratham, requesting town-meeting to consider a petition for annexation

400] AMERICA AND WEST INDIES 1/39 19!

of New Hampshire to Massachusetts. Copy, certified by David Robinson, town-
clerk. Signatories, Nathan Taylor and 67 others, i p.

396 ii Stratham, 21 July 1739. Summons by selectmen to town-meeting on
Tuesday next. Copy, certified as no 396i. Signatories, Andrew Wiggin and three
others. \ p.

396 iii Stratham, 24 July 1739. Proceedings of town-meeting, Capt William
Moore moderator. Resolution passed by a great majority protesting at every clause in
a petition lately handed about. Copy, certified as no 396!. I p.

396 iv Portsmouth, New Hampshire, 23 July 1739. Proceedings of town-
meeting. Resolution protesting at a petition for New Hampshire to be annexed to
Massachusetts, which has been privately handed about. Copy, certified by Joshua
Peirce, town-clerk, i p. [CO 5/881, ff 146-1 5od]

397 Harman Verelst to James Oglethorpe by St George, Capt Wright,
September 28 sending copy of letter of i4th inst. The Trustees by accident hearing of

Georgia Office ^j r R eve n> s sn jp b oun d for Georgia with provisions for your regiment
embraced that opportunity of sending by land to Portsmouth the presents they estimated
for the Indians to be distributed the ensuing year, there being no likelihood in the present
posture of affairs of another ship to send them by. Invoice sent herewith. Besides these
presents, there are two casks of shoes sent as a remittance for part of the estimated
expenses of the colony from Michaelmas next which William Stephens, Thomas Christie
and Thomas Jones, or any two of them, are to defray and to send their accounts thereof to
the Trustees; and in boxes to Mr Hawkins and Mr Stephens the original and printed
copies of the resolutions relating to the grants and tenure of lands in Georgia are sent, the
printed copies being 200 in each box, for the use of the inhabitants, and notices are to be
affixed in each town-court for persons to claim the benefit intended them which Mr
Stephens and Mr Hawkins are wrote to about. Entry, f p. [CO 5/667, p 287]

398 Same to William Stephens sending copy of letter of i4th inst. Copies of
September 28 resolutions concerning grants and tenure of lands in Georgia sent for

Georgia Office usg Q mna bitants of northern part. Invoice enclosed, also deed poll
relating to forfeited lands and notice to be fixed in town-court, with copy for South
Carolina Gazette to be sent to Mr Hopton at Charleston. PS. Richard Lobb has entered
his claim at the Trustees' office to his lot at Savannah and the Trustees desire to know if he
has performed the conditions of his first grant, and if not wherein he has been deficient.
Entry, f p. Enclosed:

398 i Invoice of Indian presents and shoes consigned for Georgia on St George,
Capt Joseph Wright, if pp. [CO 5/667, pp 288-290]

399 Same to Thomas Hawkins sending letter and box to be forwarded to
September 28 William Stephens, copies of resolutions concerning grants and tenure of

eorgia o ce j an( j Sj notice of same for town-court of Frederica, and the daily
advertisements from 16 July to 28 September 1739 for the use of Gen Oglethorpe and
proper persons in the province. Entry. % p. [CO 5/667, p 290]

400 Account of stores sent to Bermuda by the Ordnance in 1689, 1692, 1701
[September 28] an( J 1738. p. Endorsed, Reed. 28 September, Read 15 November 1739.

[CO 37/13, ff 125, i25d, 132,

192 STATE PAPERS COLONIAL [401

401 Governor Lewis Morris to Commissioners for Trade and Plantations

October 4 sending copy of journals of Council during last sessions of Assembly
New York anc j p rmte j CO py o f journals of Assembly. The printed copy was not
done nor could I get the other transcribed to go by the conveyance which brought you
the Acts of Assembly passed that session. You will see in page 32, etc the pains I took to
prevail on them (not to raise a support for the government but) to apply money already
raised and paid into the treasury for the purpose. You may also see by the journals of the
Council of March i}th the state of the difference between the Council and Assembly and
I persuade myself will approve of the conduct of the Council in insisting on a right, by
virtue of the laws referred to, of joining in the disposal of the public money, which the
Assembly have been hardy enough to deny them contrary to the express letter and
meaning of those laws as well as contrary to HM's letters patent. Those Acts have made a
sufficient provision for the support of the government were it disposed of to that
purpose; but the disposition being to be directed by Governor, Council and Assembly, if
that is to be done by Act of Assembly to which every branch of the legislature must agree
it will be in the power of the Assembly to compel the other two branches to comply with
what they will please to direct in the case or be without any support at all. Such
construction seems to me wholly to defeat the ends and purposes for which those Acts
were made; but if the disposition as the Governor, Council and Assembly shall direct
ought to be construed such direction as any two of the three parts of the legislature shall
agree on or that it may be done without an act of agreement, so that either the Governor's
and Council's agreement may conclude the Assembly, or the Council's and Assembly's
the Governor, or the Governor's and Assembly's agreement may conclude the Council,
such construction in either of these cases will render the Acts effectual for the purpose of
supporting the government meant and intended by them. The direction of the disposition
of the money by those Acts applied yearly for the support of the government seems to me
to be intended a direction to be by agreement of the parties empowered to direct or the
majority of them without making an Act of Assembly for the reasons following, viz the
striking or making bills of credit to be current in lieu of silver and gold was a great service
to the people and a great obligation laid on them, they being so made at their earnest
request, and the naturally apparent reason of the governor's consenting to such Acts must
have been to secure a certain support for the government and (as I take it) was one great
inducement to HM to ratify and confirm them. The Assembly also, who proposed and in
the name of their constituents so earnestly requested those Acts, must have intended they
should prove effectual for that purpose of supporting the government (which they and
everybody else knew to be the only justifiable inducement for the governors to assent to
them) as they should do for any other purpose mentioned in the preamble of them; or
they must have intended to deceive both the Council and Governor by proposing an
apparent certainty instead of a real one, but the last (I think) is not to be supposed or
admitted. It from this seems clear to me that each part of the legislature who made these
Acts did not understand, mean and intend that the money by them in those Acts applied
to the support of the government should all of it be truly and bona fide disposed of to that
use and to no other, and that it should not be in the power of any part of the legislature or
anybody else to prevent its being so applied, any more than to prevent the application of
any other money to the other purposes mentioned in those Acts. Therefore as the
legislature had by those Acts applied a certain quantum to the support of the government,
the power of direction left to the Governor, Council and Assembly was a direction (as I
take it) only how and in what manner ALL that quantum should be disposed of to that
only use and purpose and not intended to give any of them a power to hinder its being
disposed of at all: which seems to show that the direction intended was not to be Act,

4Ol] AMERICA AND WEST INDIES 1/39 193

because if it was it would be in the power of any one part by their dissent to such Act not
to dispose of it at all, and of the Assembly in particular to dispose of but part of it and that
in what manner they thought fit. If it was intended to be done by Act it was needless to
leave it to the Governor, Council and Assembly as parts of the legislature because they
had and will have that power, whether left to them or not, to repeal those Acts and to
apply that money to any other use if they think it proper so to do. As the governor in
passing of laws has only a negative voice, so here he having a power to direct equally with
others gives him more than a negative in this case and seems to infer that the direction
meant by those Acts was not a direction by Act of Assembly but otherwise. A
construction that the direction intended was to be by Act of Assembly puts it in the
power of the Assembly to defeat and elude the main purpose of those Acts and prevent
that disposition to the purposes expressed, meant and intended by them (as they have
done in this case) and therefore such construction (in my opinion) wrong and contrary to
the true intended meaning of them. However, this is submitted to your better judgment.
Whether the disposition was to be directed by an Act or by agreement without an Act
it is certain that the Governor and Council had (by their own Acts of Assembly) as great a
right to direct in this case as the Assembly, and their denying to admit the Council to
make any alteration to the bill was assuming to themselves a power and pretending to a
right of acting contrary to the express words of those laws and by no means warranted by
HM's letters patent, which by their deeds in this case they deny to be bound by. The
pretence they make use of to justify their obstinacy is that the money paid into the
treasury was the people's money and being so the people's representatives had the sole
right of disposing of it as they thought fit, any letters patent, Act of Assembly or
instruction to the contrary in any wise notwithstanding. To this it was answered first that
the fact is not true, viz that it was the people's money; for had the money been really
raised upon the people, yet being raised and paid into the treasury and applied by Acts of
Assembly, it ceased to be the people's money but became the King's money for such a
purpose, which the representatives of the people had regularly nothing to do with further
than as they were empowered to meddle by the Acts that raised it. 2nd that this interest
money paid into the treasury for the support of the government was so far from being the
people's money that neither the principal lent or interest arising from it ever was the
people's money but a new species of beings created by the fiat of the legislature and was a
giving or lending to the people or such of them as borrowed, something they wanted and
had not before, nor could have had any other way; that antecedent to the paying or
lending of it the property was in the lenders and payers, viz the government; that
immediately afterwards it became the property of the borrowers and of those to whom it
was paid; that the borrowers in consideration of their being accommodated with it by the
government were to pay to it for its support such a part which was to be paid yearly into
the treasury and by the Acts that made it applied to that use but to be disposed of for that
purpose in such manner as should be directed by Governor, Council and Assembly; that
the interest paid into the treasury could in no sense with any propriety of speech be called
the people's money but the money of the lenders (to wit) the government, and
consequently the representatives of the people neither had nor could have any right to
meddle with it but what those Acts which made it gave them, and therefore it would be
great ingratitude in them (was it in their power) to defeat the government of the only
consideration that could induce it to consent to the making of what they call paper money
and the highest insolence (upon that weak and groundless pretence) to attempt it and
contrary to the express words of those Acts pretend to give (as the people's money) what
was not theirs to give but had been (by the Acts that made it) given or applied before to
the support of the government.

194 STATE PAPERS COLONIAL [402

Whether this reasoning be just or not is submitted to you; but these or any other that
can be made use of will have little weight (though ever so just) with a people resolutely
obstinate and no susceptible of reason, the representatives of New Jersey being like those
of other colonies in our neighbourhood, some of them illiterate or next door to it, the
great part of them very ignorant and very obstinate, and the few of them that are
otherwise very loth to oppose the common current. And though I have as large a share of
their good opinion as any of my neighbours, if not greater, yet all governors are suspected
of designing upon their liberties. And if any of their members think it reasonable to make
such a provision for the officers of the government as to put them above contempt, he is
immediately styled a governor's man and as such (if possible) to be kept out of an
Assembly and one less complying to be chosen, it being a maxim in the politics of most of
the northern colonies that such men are only fit to be chosen representatives as will most
strenuously oppose their governors ; and little or no effectual notice having been taken of
the conduct of American Assemblies in England (HM and his ministers being engaged in
matters of greater moment) they have been so successful as to cramp the officers of the
government and make their salaries precarious and depending upon their votes, by which
they have sometimes in New York increased or diminished them as their behaviour has
been more or less agreeable to them. I am not without hopes (though but faint ones) of
being able to reduce things to some better condition in Jersey, the conduct of the last
Assembly being so evidently wrong that I am willing to believe the present will not persist
in it. But my endeavours on that head will be much less difficult if proper notice be taken
of the conduct of the last Assembly which (considering the laws in force with respect to
the money applied to the support of the government) seems to me of dangerous tendency
and without any precedent to support it that I know of but that which voted the House of
Lords useless.

It has been suggested by Brig Hunter (who at his first coming was very much teased
by Assemblies) that if HM would appoint and fix what sum he thought proper for the
salaries of each of his governors in the plantations in sterling money to be paid in so much
currency in America as would amount to it, and direct the governors by the advice of
their several Councils to fix the salaries of the other necessary officers and incidental
charges of the government, and by an Act of a British Parliament oblige the several
General Assemblies to raise such sum upon the inhabitants in such manner as they
thought proper, and in case of their refusal or neglect to be done by the Governors and
Councils, that it would put an end to the constant wranglings between Governors and
Assemblies, curb their extravagance, and keep them dependent and within due bounds.
There are many things said in favour of this scheme, and though the Assemblies have too
well deserved as great a rebuke as this can give them, yet I dare not adventure to say the
expedient is advisable; for it is not impossible that the Assemblies may refuse to raise
these sums, and if they do it is not unlikely that the Council will also refuse, so that I'm
afraid that the remedy suggested may prove either impracticable or worse than the present
distemper complained of by the consequences that may attend it. But of this you are
better judges. Signed. 5 pp. Endorsed, Reed. 27 November, Read 28 November 1739.
[CO 5/973, ff 135-137^

402 George Dunbar to Harman Verelst. I had the pleasure to accompany

October 4 tne general to the Indian country where he was received with all the

marks of friendship and respect in their power too tedious to mention,

and I hope his journey will have a good effect upon them at this juncture. There has

[been] and still is a great mortality in this place. Mr Amyand, clerk to the Assembly, and

Mr Lewis [MS: Luis], judge of the Admiralty, are dead: the clerk is [appointed] by sign

404] AMERICA AND WEST INDIES IJ39 195

manual as I suppose the other is also. It will be always the better for Georgia how many
places are filled up by persons attached to the colony and I believe the general, how soon
he knows it, will recommend proper persons; but as this and many letters relating to the
same affair will be at London before any from him I think it would be proper in you to
acquaint the Trustees with it or take such other steps as you shall see most proper to
prevent these places going by other interest. I need not tell you that we expect war to keep
us out of the indolent way of living which I believe is in a great measure the cause of the
present distemper. All at St Simons, etc are well and the general perfectly recovered of a
fever he had in the Indian country. My compliments to Mrs Verelst. Signed, i p.
Addressed. [CO 5/640, ff 380, 3 Sod]

403 President William Bull to Duke of Newcastle. By the Tartar pink I am
October 5 honoured with HM's commands under his royal sign manual and also

/~*U I

with your letter further signifying HM's pleasure. I shall always
endeavour in the best manner to answer HM's gracious intentions by pursuing these
orders in every particular, and by a proclamation have made known the same. Some time
ago I laid before you some account of our affairs here in regard to the desertion of our
Negroes who are encouraged to it by a certain proclamation published by the King of
Spain's order at St Augustine declaring freedom to all Negroes who should desert thither
from the British colonies; since which [continues in same terms as no 404] Signed. 4 small
pp. [CO 5/388, ff i64-i65d]

404 Same to Commissioners for Trade and Plantations. I beg leave to lay
October 5 before you an account of our affairs. First, in regard to the desertion of
Charleston Qur ]sj e g roeS) wno are encouraged to it by a certain proclamation

published by the King of Spain's order at St Augustine declaring freedom to all Negroes
who should desert thither from the British colonies; since which, several parties have
deserted and are there openly received and protected. Many attempts of others have been
discovered and prevented, notwithstanding which on 9 September last at night a great
number of Negroes arose in rebellion, broke open a store where they got arms, killed
twenty-one white persons, and were marching the next morning in a daring manner out
of the province, killing all they met and burning several houses as they passed along the
road. I was returning from Granville County with four gentlemen and met these rebels at
ii o'clock in the forenoon, and fortunately discovered the approaching danger time
enough to avoid it and to give notice to the militia, who on that occasion behaved with so
much expedition and bravery as by 4 o'clock the same day to come up with them and
killed and took so many as put a stop to any further mischief at that time: 44 of them have
been killed and executed. Some few yet remain concealed in the woods, expecting the
same fate, seem desperate. If such an attempt is made in a time of peace, what might be
expected if an enemy should appear upon our frontier with a design to invade us? which
we have great reason to expect upon the first notice of a rupture, being fully informed by
several hands of the great preparations made some time ago at Havana, which according
to late accounts lie ready, waiting only for orders to put that design in execution. It was
the opinion of HM's Council with several other gentlemen that one of the most effectual
means that could be used at present to prevent such desertion by our Negroes is to
encourage some Indians by a suitable reward to pursue and if possible to bring back the
deserters, and while the Indians are thus employed they would be in the way ready to
intercept others that might attempt to follow; and I have sent for the chiefs of the
Chickasaws living at New Windsor and the Cattawba Indians for that purpose.

From the governor of New York I have advice that about 10 July an army consisting

196 STATE PAPERS COLONIAL [405

of 200 French and 500 Indians was marched from Montreal and was to be enforced by
other French and Indians on their march, that they were designed against some Indians
situated near a branch of the Mississippi River in amity with HM's subjects and [who]
have a trade with the people of Georgia and Virginia. I imagine that the design of this
army is against the Chickasaws, who are a small but brave people living near the
Mississippi River who have already twice withstood and defeated the French about three
years ago. I have therefore sent to those Indians to give them notice of the danger I
apprehended to be coming on them. I have been informed that the French have a design to
cut off the Chickasaws entirely and to reduce and subdue the Choctaws; if they should
succeed in these attempts, it would discourage the Indians in amity with us from
withstanding and opposing them in any other attempt of the like nature. The French have
for a long time wanted an opportunity to get an interest among the Cherokees and build a
fort there. As the army the French now have on its march from Montreal will come down
a branch of the Mississippi which runs near the Cherokees, they probably will endeavour
to get the consent of those people to build a fort there which may enable them to have a
considerable influence in that nation, as they have already among the Upper Creek
Indians by their fort at the Albamas. The Cherokees for two or three years past
entertained one Priber, a Saxon, a man of ill principles but insinuated himself so much in
their favour that they protected him and would not suffer him to be brought down by a
person sent from this government for that purpose. I am lately informed that he is gone
with ten of the Cherokees to the French in order to make a peace with them, and I am
afraid will be a means to introduce the French to settle a fort there. I apprehend that the
limits of the charter granted by Charles II to the Lords Proprietors of Carolina, since
surrendered, includes the Cherokees, and you best know whether that is not a sufficient
objection against the French taking possession of land by a fort within the limits thereof.
Doubtless the French will endeavour to accomplish this as soon as possible as it will be
such a considerable step towards their grand design in surrounding the British colonies.
As their success in these designs might interrupt the security of HM's subjects in case of a
war, I thought it my duty to acquaint you therewith. Signed. 4 small pp. Endorsed, Reed.
10 December, Read 12 December 1739. [CO 5/367, ff 114-11^; abstract at ff 112, ii2d]

405 James Oglethorpe to Trustees for Georgia. I returned from the Indian

October 5 country and thank God in good health. I have received the King's
commands to annoy the Spaniards and am going to execute them. I have
been obliged to make large presents to the Indians who are now thoroughly engaged to
us. Tooanahowi is gone with 200 men against the Spaniards, the Cherokees are raising 600
men and the Creeks 400 who are to act with me. The affairs of the colony are much
mended but the accounts are not gone through: Mr Jones will let you know the progress
that is made in them. I am forced to make several expenses upon this rupture which I hope
will be laid before the Parliament not as the Trustees' but as a governmental expense.
There has been a great sickness in Charleston but Georgia is healthy. Pursuant to HM's
orders the inhabitants of Savannah have fitted out a privateer. Signed. PS. As soon as
possibly I can get time to write I will send you the state of the colony to lay before
Parliament. PPS. I fear I have tired you with the length of the enclosed, and for more
particulars of the province I must refer you to Col Stephens's journals. I have been forced
to put thirty rangers upon footing, to employ several scoutboats, to promise pay to the
Indian traders for raising the Indians to preserve the province in this critical juncture, if
pp. [CO 5/640, ff 381, 3 8id]

407] AMERICA AND WEST INDIES IJ39 197

406 John Martin Bolzius to Harman Verelst. Last letter was of 4 July. The

October 5 shoemaker died five weeks after arrival. A quantity of linen sent here by

a Swiss merchant was sold to the store two years ago for jil ijs id but

no payment was received from Mr Causton, though the linen was resold at great profit.

Payment requested. Salzburghers are in good health. Signed. 3 small pp. Endorsed, Reed.

1 8 March 1740. [CO 5/640, ff 38

407 William Stephens to Harman Verelst. I wrote you of loth ult enclosing

October 6 copy of my journal, etc; on 25th ditto I wrote you again briefly and by
Savannah t j ie g enera p s orders sent therewith three affidavits taken during his
progress relating to the exorbitant sale of rum by our neighbours of Carolina among the
Indians, worthy the notice of the Trustees; and understanding the general is now writing
himself to them I am unwilling to let so fair an opportunity slip of tacking a few lines to
his packet (by permission) though there are two sufficient reasons why I do not enlarge as
sometimes. One is that it would be too much assuming in me to attempt a representation
of divers matters which I know he writes himself, having done me the honour of
imparting to me what he thought proper of it; whatever I might offer therefore at such an
important juncture must appear mere bagatelle if set in the same light with his. The other
reason, very prevalent also, is that in my journal, which I now send a copy of,
commencing 8 September where my former ceased, I see I have not omitted anything that
I could conceive worth observing of what has passed in this place, and indeed it has not
been in my power of late to look much further since the general's happy arrival among us
- you will imagine the rest. This I hope will be allowd a good plea why I have not yet
fulfilled my promise to the board of divers lists that I proposed, which must a little
enlighten the view of our present situation; and Mr Jones (whose kinder disposition of
late affords me the pleasure of having a perfect good understanding with him and
concurrence in the same sentiments, all past jealousies and piques being forgot) desires me
to say that he hopes the same plea will hold good why we have yet delayed the
transmitting of some specimen of our proceedings in those accounts that we had full
orders to examine and penetrate as far as we could into such as we found most obscure.
And these things I assure myself will next take place when we are returned again to more
sedateness, which I see no real cause of any doubt in for I verily think, after the general
has laid down some rules to walk by in his absence, we are in a much safer state than any
for two years past: particularly in the spring of 1738 our danger was greatest when we
least expected it; by good providence their designs were averted. But now we know our
enemies and have no cause to fear them: the coast is already pretty well filled with
privateers equipped from the northern provinces besides several of HM's frigates cruising
to protect us and more promised; and at land we think we may bid them defiance even
now but far more when the general is reinforced, as is expected, with regular troops. In
the meantime as soon as those Indians come down whom the general has sent for, though
I don't pretend to fathom his intentions, I have a strong opinion that his enterprising
genius will prompt him to repay the present of sweetmeats which Don Pedro left for him
lately when his launch visited these parts with plums of another kind. More in my next.
Signed.

PS. ii October 1739. The very next morning (Sunday 7th) after writing what is
before, Capt Thomson arrived at Tybee and sent his boat up with Capt Mackay and large
packets for the general and me together with a particular letter to me from you, pursuant
to what you ordered him. And about 10 at night by the general's leave I took boat at the
proper time of the tide, as Capt Mackay also did with me, and we carried orders for
Thomson's proceeding without loss of time to St Simons. We got aboard about 3 in the

198 STATE PAPERS COLONIAL [408

morning, the ship lying far off, and after passing the day away in getting some few things
that could be come at with most ease and carrying the passengers off the ship we parted
with him then under sail for the south and made the best of our way back to Savannah
where nevertheless with all our pains, by reason of strong tides against us and dead calms,
it was Tuesday evening ere we could accomplish it. It will not be expected (I am
confident) that I should offhand dip into a disquisition of those manifest advices which I
have received from you by the direction of the Trustees full of such weighty determina-
tions, but in due course of time and as little as may be I shall endeavour to write
particularly what occurs to me as necessary to be principally taken notice of. Let it suffice
therefore for the present (the general intending his packet shall go off this evening) to say
that the box no i enclosing what you wrote me and all other papers and letters which
came in sundry parcels I presume are come safe forasmuch as I discover no marks of any
missing. Signed. i pp. Addressed. Endorsed, Reed. 13 March 1739/40. [CO 5/640, ff
3 8 7 - 3 88d]

408 George Dunbar to [Harman Verelst] repeating news in letter of 4

October 7 October of two offices in South Carolina vacant by death. Mortality is
Charleston g rea t here but people in Georgia preserve their health. I have just heard

that the chief justice is despaired of and I think you should use the same precautions with

respect to that. Signed. i\ small pp. [CO 5/640, ff 385,

409 Gen James Oglethorpe to Duke of Newcastle. I have received HM's
October 8 commands from you together with the convention and put them in

execution by abstaining from taking any new posts and ceased to
fortify; after which, relying on the pacification with the Spaniards, I set out for the Indian
nations, a journey of 500 miles as I acquainted you, and have reconciled the difference
between them and the French. I met here fresh orders from HM with an account that the
Spaniards have violated the convention, with orders for HM's subjects to annoy the
subjects of Spain and to put the colonies of Carolina and Georgia in the best posture of
defence. I instantly obeyed and have sent for 1000 Indians, subjects to HM, who will
annoy the Spaniards. I have raised a troop of horse rangers to hinder their horse from
succeeding in any attempts against Georgia upon the continent and to gain intelligence. I
have desired the men-of-war to cover us by sea as the regiment will do the islands by land.
There is a party of runaway Negroes belonging to the people of Carolina harboured by
the Spaniards upon their frontiers. I believe they will soon be dislodged by the British
subjects. I wait with impatience for HM's further orders. Signed. 2 pp. Endorsed, R, 18
March 1740. [CO 5/654, ff 223~224d]

410 Harman Verelst to Hon Richard Chandler. There having been both
October 8 masts and tar imported to London from Georgia, the growth and

Georgia Omce p roc j uce o f tnat province, and a bounty being payable to the importers
thereof from HM's other plantations when duly certified by the officers of the Customs;
and although sufficient testimony has appeared that such masts and tar were the growth
and produce of Georgia, yet for want of officers of the Customs in that province to certify
the same no bounty has been allowed thereon to the great discouragement of the persons
who imported the same: to remedy which the Trustees do propose (by yourself, one of
their own members) that the officers, which the Trustees are empowered to appoint for
executing all matters and things in Georgia concerning the liberty extended to that
province for carrying rice from thence to any port southward of Cape Finisterre by an
Act passed in 8 Geo II, may be deputed and empowered by the Commissioners of

412] AMERICA AND WEST INDIES 1/39 199

Customs to execute all other matters of the Customs of Georgia on their giving security
to HM for that purpose, and that they may be instructed by the said Commissioners in
the due execution of their respective offices, which the Trustees also propose should be
performed by such officers without any expense to the Crown until revenues may arise to
HM from the said province applicable to the defraying that expense. Which propositions
the Trustees commit to your care to consult with the other Commissioners of Customs
thereupon. Entry, i p. [CO 5/667, p 291]

411 John Brownfield to Trustees for Georgia. Yesterday Capt Thomson

October 8 anchored off the bar of Tybee and I was then presented with a letter

from Mr Verelst wherein he acquaints me that it is your pleasure I
should be honoured with the continuance of your former appointment to me as register
of this province. There could not happen in my poor life anything that I should undertake
with more willingness than what your commands lay upon me. The debt of gratitude
which I owe to you is too great for one so inconsiderable as me ever to think of
discharging as he ought but I know you will expect from me no more than I am able to
perform and it would not be the mark of an humble mind but rather of a base one was I to
plead my inability of acting against the duty. I ought rather to fly with joy to execute.
What shall I say in answer to Mr Verelst's inquiry of the reason why I have not pursued
my business in the registership? I was unworthy of your orders. Some mistaken part or
other of my behaviour made me so. I judged myself unworthy and therefore did not act.
You have now given me a fresh occasion of amending what is past. Oh! may no
hindrance, no folly, no ingratitude ever come across my sincere endeavours any more.
May the Almighty give me an heart free from spot or blemish, that all my actions may
please both Him and you. I dare promise nothing on mine own part. I rely wholly on
your tenderness to pardon the errors I have committed or may hereafter commit in your
service and beg leave to assure you that I am preparing to obey the orders contained in Mr
Verelst's letter. Happy day! that I have once again the pleasure of subscribing myself.
Signed, i small pp. Endorsed, Reed. 24 December 1739. [CO 5/640, ff

412 Duke of Newcastle to James Oglethorpe. I have no letters of yours to

October 9 acknowledge since I wrote to you on 1 5 June last to acquaint you that
HM had been obliged to make use of forcible measures against the King
of Spain and had ordered the ships and effects of the said king and his subjects to be seized
and taken wherever they should be met with. I send you herewith HM's instructions
under his royal sign manual by which you will see the King has been pleased to direct you
to make an attempt upon the Spanish settlement at St Augustine in case you and the
Governor and Council of South Carolina, with whom you are previously to consult on
this occasion, shall think such an enterprise practicable. As HM has thought fit to
authorize his governors in America to grant letters of marque and reprisal to such persons
as should apply for them against the Spaniards, I doubt not but you will have done all in
your power to encourage HM's subjects in America to make use of this opportunity to
revenge the insults which they have suffered from the Spaniards; and as it has been
represented as a very practicable thing to make descent upon some of the Spanish
settlements in America, and as the persons to whom letters of marque and reprisal are
granted are (it is presumed) by virtue of them authorized to make such descents as well as
to take any Spanish ships or vessels at sea, you will I am persuaded use your best
endeavours to encourage any of HM's subjects to undertake such enterprises which
cannot fail greatly to annoy the Spaniards and will probably be attended with great
benefit to the undertakers. I send you enclosed a copy of an intelligence that HM has

200 STATE PAPERS COLONIAL [413

received, by which you will see that the Spaniards have been under great apprehensions
on account of a supposed design of yours to draw some of the Indians from their
dependence upon Spain. I conclude this alarm was occasioned by your intended journey
to Coweta of which you give an account in your letter to the Trustees dated 1 5 June, a
copy of which they have transmitted to me. I have no particular directions to send you
from HM upon this head but in the present circumstances it would be a very agreeable
service to HM if anything of that kind could be brought about. Draft. 3 pp. Enclosed:

412 i Kensington, 9 October 1739. Royal instructions to Gen Oglethorpe to take
St Augustine if practicable. Ordnance stores have been ordered to be sent for that
purpose. RN ships have been ordered to co-operate. Men may be raised in South
Carolina and Georgia and Indians persuaded to join. If successful you are either to
demolish St Augustine or garrison it, preferably the second if men are available.
Should the attempt not be practicable the ordnance is to be used for the better defence
of South Carolina and Georgia or for any other service against the Spaniards. Draft. 35
pp. [CO 5/654, ff 225~226d, 229-23 id]

413 Same to same (Private). I give you the trouble of this letter on account
October 9 o f Mr Cruttenden, vendue-master of South Carolina. You may remem-
ber that when he was appointed to this office in 1735 you was so good

as to undertake to find out a proper deputy for him and that Mr Cruttenden put into your
hand a blank deputation for that purpose. And as he represents to me that he has for the
four years that he has been possessed of this office received only a very inconsiderable
sum (I think not above 40 or 5O/ in the whole though I am not quite certain as to the
particular sum) I am to beg you would be so good as to talk with the person who is his
deputy and engage him to come to an immediate account with you for the profits of this
employment since he has executed it, and to return to Mr Cruttenden what shall appear to
you to be due to him upon the balance; and I should be extremely obliged to you if you
would put this matter upon such a foot that the returns may be made in a more regular
manner for the future. I am persuaded you will have the goodness to excuse this liberty
which my concern for Mr Cruttenden who is my particular friend, and your having
formerly engaged in this affair, have encouraged me to take. Draft, if pp. [CO 5/654, ff

227-228d]

414 James Oglethorpe to Harman Verelst. Just now Capt Mackay arrived
October 9 an( J Capt Thomson is on the bar. Capt Mackay returns on board to go
Savannah with him down to Frederica, to which place he must sail immediately

whilst the men-of-war are on the coast to protect him. I have wrote to the Trustees at
large and hope Mr Vernon and Mr Towers and all my friends will accept it as a letter to
each. Signed. PS. I [beg] you would have the enclosed account [of an] 1 insurrection of the
Carolina Negroes inserted in some newspapers, i p. Endorsed, Reed. 13 March 1740.
Enclosed:

414 i An account of the Negro insurrection in South Carolina. Sometime since
there was a proclamation published at Augustine in which the King of Spain
[Marginal note: then at peace with Great Britain] promised protection and freedom to
all Negro slaves that would resort thither. Certain Negroes belonging to Capt Davis
escaped to Augustine and were received there. They were demanded by Gen
Oglethorpe who sent Lieut Demere to Augustine and the governor assured the
general of his sincere friendship but at the same time showed his orders from the court

'MS damaged.

414] AMERICA AND WEST INDIES 1739 2O1

of Spain by which he was to receive all runaway Negroes. Of this other Negroes
having notice, as it is believed from the Spanish emissaries, four or five who were
cattle-hunters and knew the woods, some of whom belonged to Capt Macpherson,
ran away with his horses, wounded his son, and killed another man. These marched
through Georgia and were pursued but, the rangers being then newly reduced, the
countrypeople could not overtake them though they were discovered by the
Salzburghers as they passed by Ebenezer. They reached Augustine, one only being
killed and another wounded by the Indians in their flight. They were received there
with great honours: one of them had a commission given to him and a coat faced with
velvet. Amongst the Negro slaves there are a people brought from the kingdom of
Angola. Many of these speak Portuguese (which language is as near Spanish as Scotch
is to English) by reason that the Portuguese have considerable settlements and the
Jesuits have a mission in that kingdom and many thousands of the Negroes profess the
Roman Catholic religion. Several Spaniards upon divers pretences have for some time
past been strolling about Carolina; two of them who will give no account of
themselves have been taken up and committed to jail in Georgia. The good reception
of the Negroes at Augustine was spread about; several attempted to escape to the
Spaniards and were taken; one of them was hanged at Charleston. In the latter end of
July last Don Pedro, colonel of the Spanish horse, went in a launch to Charleston
under pretence of a message to Gen Oglethorpe and the lieut-governor.

On 9 September last, being Sunday which is the day the planters allow them to
work for themselves, some Angola Negroes assembled to the number of twenty, and
one who was called Jammy was the captain. They surprised a warehouse belonging to
Mr Hutchenson at a place called Stonehow. They there killed Mr Robert Bathurst and
Mr Gibbs, plundered the house, and took a pretty many smallarms and powder which
was there for sale. Next they plundered and burnt Mr Godfrey's house and killed him,
his daughter and son. They then turned back and marched southward along Pons
Pons which is the road through Georgia to Augustine. They passed Mr Wallace's
tavern towards daybreak and said they would not hurt him for he was a good man and
kind to his slaves but they broke open and plundered Mr Lemy's house and killed
him, his wife and child. They marched on towards Mr Rose's resolving to kill him but
he was saved by a Negro who, having hid him, went out and pacified the others.
Several Negroes joined them. They, calling out Liberty, marched on with colours
displayed and two drums beating, pursuing all the white people they met with and
killing man, woman and child when they came up to them. They burnt Col Hext's
house and killed his overseer and wife. They then burnt Mr Sprye's house, then Mr
Sacheverell's, and then Mr Nash's house, all lying upon the Pons Pons road, and killed
all the white people they found in them. Mr Bullock got off but they burnt his house.
By this time many of them were drunk with the rum they had taken in the houses.
They increased every minute by new Negroes coming to them so that they were above
60, some say 100, on which they halted in a field and set to dancing, singing and
beating drums to draw more Negroes to them thinking they were now victorious over
the whole province, having marched ten miles and burnt all before them without
opposition.

But the militia being raised, the planters with great briskness pursued them and
when they came up, dismounting, charged them on foot. The Negroes were soon
routed though they behaved boldly, several being killed on the spot. Many ran back to
their plantations thinking they had not been missed but they were taken and shot.
Such as were taken in the field also were, after being examined, shot on the spot; and
this is to be said to the honour of the Carolina planters that, notwithstanding the

2O2 STATE PAPERS COLONIAL [415

provocation they had received from so many murders, they did not torture one Negro
but only put them to an easy death. All that proved to be forced and were not
concerned in the murders and burnings were pardoned. And this sudden courage in
the field and the humanity afterwards hath had so good an effect that there hath been
no further attempt and the very spirit of revolt seems over. About 30 escaped from the
fight, of which 10 marched about 30 miles southward and, being overtaken by the
planters on horseback, fought stoutly for some time and were all killed on the spot.
The rest are yet untaken. In the whole action about 40 Negroes and 20 whites were
killed. The lieut-governor sent an account of this to Gen Oglethorpe who met the
advices on his return from the Indian nation. He immediately ordered a troop of
rangers to be ranged [sic: Praised] to patrol through Georgia, placed some men in the
garrison at Palichocolas which was before abandoned and near which the Negroes
formerly passed, being the only place where horses can come to swim over the River
Savannah for near 100 miles, ordered out the Indians in pursuit and a detachment of
the garrison at Port Royal to assist the planters on any occasion, and published a
proclamation ordering all the constables, etc of Georgia to pursue and seize all
Negroes, with a reward for any that should be taken. It is hoped these measures will
prevent any Negroes from getting down to the Spaniards. 7 pp. [CO 5/640, ff
392-396]

415 Thomas Hill to Governor Jonathan Belcher. The seal of the province is
October 10 to be affixed to all affidavits offered to you by the agent of John North

and others in support of their allegations. Entry, i p. [CO 5/917, pp
289-290]

416 Governor Lewis Morris to Duke of Newcastle acknowledging letter of
October 10 r ^ June with HM's warrant for granting letters of reprisal against the

Spaniards in the West Indies. I am referred by HM's instructions to copies of forms usual
in that case sent with the instructions but I have no such copies nor has Mr Clarke,
lieut-governor of New York, and we are both at a loss how to form these commissions
and under what seal to give them. He has given one under the seal of the Court of
Admiralty in New York which some think to be a seal only proper for the processes of
that court. I ask your directions concerning it.

Herewith I send you a copy of the journals of the Council and a printed copy of the
journals of the Assembly. The first was not transcribed and the last not printed timely
enough to be transmitted by the conveyance by which the laws enacted the last Assembly
were sent to England. You may see in page 32 of the printed journal of the Assembly the
pains I took to prevail upon them (not to raise a support for the government, for that was
already done but) to agree with the Council that all the money raised for the support of
the government might be applied to that purpose according to the appointment of the
Acts that raised it. This they were so far from doing that they would not consent to a
conference with the Council upon it nor admit of any alteration to be made to their bill,
pretending it was the people's money with which the Council had nothing to do, and
took upon themselves to give only a part of what was before given and applied by Acts in
force, reserving or rather assuming to themselves the sole power of the disposal of what
they pretended to give and also of what remained, when and in what manner they thought
proper exclusive of the Council, contrary to the express letter and meaning of the Acts
that raised it. You may also see by the journals of the Council of 1 3 March and a little
before the difference between the Council and Assembly on this head. The Assembly did
not attempt giving any reasons to justify or palliate their conduct but would act as they

418] AMERICA AND WEST INDIES 1/39 20}

did because they would. I conceive that in this case they assumed to themselves a power
inconsistent with and contradictory to the laws in force and to the power given by HM's
letters patent, destructive of the constitution, derogatory from HM's just prerogative,
without any precedent that I know of but that by which the House of Lords was voted
useless, which I judge to be of very dangerous tendency and most pernicious example.
And seeing no likelihood of their coming to any tolerable temper with the Council but a
tenacious obstinacy of persisting in what they had begun, I thought it my duty to dissolve
them and hope that HM will not disapprove. Signed. i pp. Endorsed, R, 26 November.
Enclosed:

416 i Journal of Council of New Jersey, 26 October 1738 to 15 March 1739. 82

pp.

416 ii Votes and Proceedings of Assembly of New Jersey, 27 October 1738 to 14

March 1739. Printed by J P Zaenger. 70 pp. [Covering letter in CO 5/983, ff

i85~i86d; enclosures at ff 94-1

417 Minutes of Trustees for Georgia. Thomas Stephens, son of William
October 10 Stephens, being just arrived from Georgia, delivered letters and journal.

Palace Court s ea l ec j grant of 300 acres to Rev John MacLeod, missionary at Darien,
in trust for himself and successors. Entry, f p. [CO 5/687, p 137; entry of grant in CO
5/670, pp 421-4^4]

418 James Oglethorpe to Trustees for Georgia. I have seen Capt Mackay
October 11 wno arrived last Sunday: Capt Thomson and all on board are safe. I

Q 1 J

have received your letter and have desired Mr Jones and Col Stephens
to send you very full answers. As we every hour expect action with the Spaniards I have
hardly time to write out the different necessary orders for the Indian nation, the rangers,
the garrisons, the boats, and letters to Carolina, Virginia, the northern colonies and
men-of-war. As the safety and lives of the people and honour of the English arms in these
parts depend upon using the present conjuncture I hope you will excuse my not writing a
long letter. I shall use my utmost endeavours to see your orders executed: some things I
believe you will think necessary to alter in them, particularly the allowing an alehouse at
Tybee which would be the occasion of making boatmen drunk and might be the loss of
many boats and men and would be attended with the same ill consequences as the
alehouse on the Carolina side hath been, which on the losing of several boats and
drowning fourteen men I have applied to have suppressed. Upon the rupture with Spain
and the discontent of the Cherokees and Creeks against the people of Carolina and their
traders the greatest pan of that colony own that I am best able to manage the Indians and
the lieut-governor hath wrote to me that it is necessary to send an agent amongst the
Cherokees. But this, as they live in Georgia, he cannot do; therefore I have sent up Mr
Eyres as agent and the lieut-governor joins me in suppressing rum. With respect to Col
Stephens and Mr Jones, they tell me that to give a full and satisfactory answer to your last
letter will require some time but I have desired them to write to you in the meantime.
Signed. PS. I have read over the estimates but have not time to explain upon them till I
have talked to the different officers. Upon the first view I think there may be 2O/ a year
saved upon each of the pilots. There is no allowance of a surveyor to the southward, and
there are other charges which I believe may be saved and some of the articles which I
believe when you hear you will think necessary to add, particularly tithingmen in the
towns and a correspondent clerk or intelligencer to be maintained in the Creeks and
another in the Cherokee nation. 3 pp. Endorsed, Reed. 13 March 1739/40. [CO 5/640, ff

204 STATE PAPERS COLONIAL [419

419 Thomas Jones to Harman Verelst. I received yours of 14 July and a

October 11 letter from Mr Martin of the 9th. I writ a letter to you August 2nd,
Savannah w hich hope you received per Mr Thomas Stephens, wherein I men-
tioned my sending you a fuller account than the time would allow me then to do by a
letter which I have writ and directed to the Trustees. But those difficulties I then laboured
under being now removed, I would not trouble them with needless complaints; shall only
say that I hope it will appear that the opposition I met with from the magistrates and
others proceeded from no other cause than my adhering strictly to the establishments
made by the Trustees in the issues out of their store and, where I could not find any
establishment, in pursuing the orders given me by the general. They expected not only
provisions, etc for themselves and families even beyond the allowances appointed them,
but that I should issue to other persons for their account towards the discharge of their
private debts. Col Stephens joined with them therein, and upon my refusing to comply
with Mr Parker's demands by a verbal order sent me by one of his servants (I could never
prevail with Col Stephens or Mr Parker to give me an order about any issues in writing) I
was threatened to be committed to the loghouse, which had been put in execution if Mr
Gilbert had not refused to join in granting the warrant against me alleging that as I was an
officer of the Trustees they should first acquaint the general or the Trustees with my
misconduct. I shall not trouble you with any further account but must say that if the
general had not at that time and upon many other occasions interposed in my behalf I
must have fled from Savannah or had not been alive to write this letter.

Yours of March 3 and of April 2 I received July 5th. After the general's departure from
hence to the Indian nation Col Stephens, Mr Parker and self met pursuant to the
commission and instructions given us to examine the accounts, wherein I expected but
little success. But when it evidently appeared by the first account we entered upon, which
was Mr Montaigut's (on the examination of Mr Pury on oath), what contrivances Mr
Causton had used to get money, thereby enhancing the Trustee's debts, Mr Parker
appeared very uneasy thereat and for several days neglected attending the affair; but Col
Stephens showed the greatest readiness and zest in the measures since taken to unravel the
secret designs which have been carried on for some years past to defraud the Trustees. We
have examined and stated the certified accounts which by your letter of April 2 are
mentioned to remain unpaid and find several errors, etc in each of them excepting that of
Recompence Stanberry which we believe to be a just and fair account. Mr Robert
Williams's demands we have deferred our inquiry into until his brother, who is partner
with him and is lately arrived here from St Christopher's, produces vouchers for some
part of the account and until we can have the affidavits of several persons taken about the
western read which by his account cost near jool to no purpose and contrary to the
instructions given him by the (now) Gen Oglethorpe. The account of Paul Jennys & Co
(which you sent me per Capt Thomson as also the report of the committee of accounts
thereon) we had examined and you will find several articles disallowed of by the
committee to have been objected to by us in our stating of said account, as well as some
other articles objected to wherein there has been great mistakes (if with any propriety of
speech they may be so called). Mr Jennys has been desired to send some person with the
vouchers in order to settle and state his account with the Trustees but has not hitherto
done it. In all the accounts we have hitherto examined we have found matters for
objections which shall per first opportunity transmit to you in order to be communicated
to their honours, excepting the following, viz Recompence Stanberry abovementioned,
David Provost and Thomas Ware whose accounts as certified we believe to be just.

Whilst his excellency remains with us our time is wholly taken up in other affairs
which cannot be transacted in his absence, but shall after his departure proceed in

42l] AMERICA AND WEST INDIES 1/39 205

executing our commission relating to the accounts, though can hope but little assistance
therein from Mr Christie whose own account with the Trustees will hardly bear an
inquiry into without grating animadversions. For my own part since I began the inquiry
into the state of the accounts I have not been able to think of or do any other business,
having little assistance therein. Mr Pye (one of the clerks) who attends us is very faithful
and has concealed nothing which could give light into any account: he writes well but is
too heedless to be depended on. Adrian Loyer who had the chief direction of the
accounts, having been examined touching some alterations by erasements, etc he had
lately made in several accounts and could not pretend any excuse for so doing, is lately
gone to Port Royal. (The magistrates here published an order since we had an account of
the rupture with Spain that no boats or passengers therein should go out of the colony
without permission.) Mr Loyer applied to Mr Parker for a permit who refused to grant it,
telling him that he could not allow him to go out of the colony until the commissioners
had finished their inquiry into the accounts, he being the only person now left that could
explain any difficulties that might arise therein; but Mr Christie granted a permit to him.
James Houstoun, another of the clerks, is at Port Royal. The said Houstoun by Col
Cochran's directions (as Mr Pye informs us) made several alterations in the books of
accounts, which alterations are know to be in Houstoun's handwriting.

Mr Henry Parker for two months past has [as] magistrate acted with great steadiness
and good conduct and has left off drinking to excess: he is a man endowed with good
natural abilities. He found it to be in vain for him to expect an unlimited credit from the
store as usual and that his attachment to Mr Causton could be of no service to either of
them. I am very thankful to the Trustees that my endeavours to serve them is in any
measure agreeable and also for the honour done me in the commissions sent hither. I am
conscious of my incapacity to do them or their interests in this colony much service in
either but still hope they will find some more fit person to serve them; however, shall
endeavour to promote their interests in this colony with faithfulness whilst they shall
judge me anyway capable thereof. I intended as soon as the general was gone for the camp
to have writ to the Trustees and also to finish our examination of those accounts we had
gone through for your perusal and the accounts of the store to this time which are ready,
but have not time to take copies thereof. His excellency required me to write to you by
this conveyance to Carolina. I have many things to add but the boat being ready to go off
must conclude. Signed. 3^ pp. Endorsed, Reed. 13 March 1739/40. [CO 5/640, ff
397-398d]

420 James Oglethorpe to Andrew Stone. With this I send one to his grace
October 11 recommending Andrew Rutledge as capable of filling up the place of

chief justice of Carolina. He is amongst the most zealous for HM's
service in that colony; he hath an easy fortune and good reputation in the law; his
integrity is very great and of a spirit much above lucre. It is his merit that makes me
interest myself for him and recommend him to my lord duke. I think it would be very
happy for the province if you were so kind as to support this application so as it may
succeed. Signed. i small pp. [CO 5/654, ff 232-233^

421 Same to Duke of Newcastle. The chief justice of Carolina is a very
October 12 worthy gentleman. I hope he may long continue but as all men are

mortal and he is sick of an illness which hath been fatal in Carolina, so if
he should die I take the liberty of laying before you that Andrew Rutledge, who was bred
to the study of the law in England, is a very worthy and deserving man; that he hath
acquired a very great character in Carolina; and that he is distinguished by his zeal to

206 STATE PAPERS COLONIAL [422

HM's person and government. And I should have thought myself very wanting in justice
to the public as well as to him if I had not acquainted you with his merits since I know
you will interest yourself for the person who is most capable of executing so great a trust.
I hope you will excuse my taking this liberty. Signed. iz pp. [CO 5/654, ff 234-2

422 Governor William Mathew to Commissioners for Trade and Planta-

October 15 tions sending minutes of Council of Montserrat for quarter ending 29
Antigua September last and Act of Antigua for levying duty of powder and
firearms on vessels trading to and from that island. I formerly acquainted you that
Thomas Pym of the Council of Nevis left that island without the least application to me
for leave and without taking the least notice of me as the King's governor, upon which I
suspended him. He is since returned and without the least regard shown for me, but
rather an indiscreet behaviour and much resentment, he has sent home to obtain being
restored in defiance of me. I am told his reason is that, though he went without leave,
disregard of me was not sufficient without having been absent a year for my suspending
him. I must submit it to you. I can expect from that gentleman, being restored, nothing
less than ill manners from him at that board but it shall not hurt HM's service on my part,
no more than my declared enemy Edward Jessup's being placed at the Council board of St
Christopher's. Duplicate. Signed. 2 small pp. Endorsed, Reed., Read 25 November 1739.
[CO 152/23, ff 250, 25od, 255,

423 Commissioners for Trade and Plantations to Committee of Privy
October 17 Council. Pursuant to order we have reconsidered our report of 10

August recommending separate government for New Hampshire and
also considered Richard Partridge's memorial. Upon the whole we are of opinion that it
can never be for HM's service to annex New Hampshire to Massachusetts: neither HM's
royal orders nor the laws of trade meet with cheerful compliance in any charter
government. We see no reason for altering our opinion. HM had lately separated the
Jerseys from New York and the reason will be stronger here as the people of
Massachusetts have shown evident marks of oppression by unreasonable delays in the
settlement of their boundaries. Were the inhabitants of New Hampshire under a distinct
governor they might exert themselves in defence of their country; but it might be proper
to take once more the sense of the Assembly and to know what provision they will make
for a separate governor. Entry. Signatories, J Brudenell, R Plumer, A Croft, M Bladen. 6
pp. [CO 5/917, pp 290-296]

424 Same to Duke of Newcastle enclosing copy of extract of letter dated
October 18 a t Albany on 13 July 1739 and transmitted by Lieut- Governor Gooch 1 .

Whitehall Signed, Martin Bladen, A Croft, R Plumer. f p. Enclosed:

424 i New York, 16 June 1739. Lieut-Governor George Clarke to Horatio
Walpole enclosing copies. I hope that upon a representation thereof the governor of
Canada will be ordered to desist from attempting to make any settlements on this side
of the lake, for I fear nothing that I can say will divert him if he has any such intention;
nor do I think I ought to use any other means until I receive HM's commands
especially as the limits of our and their claims are not precisely determined. Yet I
presume to think that as these lands have been above forty years purchased from the
Indians and possessed by us our claim to them is very clear. I give you the trouble of
this letter that you may be early apprised of the matter, hoping what I have done will

'Covering letter refers only to enclosure no v. Other papers may have been filed here at a late date.

429] AMERICA AND WEST INDIES 1739 207

receive your approbation. I recommend myself to the continuance of your protection.
Signed. ii small pp.

424 ii New York, 15 June 1739. Lieut-Governor Clarke to Commissioners for
Trade and Plantations enclosing nos 424^ and 424^. Signed. Copy of no 220. if pp.

424 iii New York, 14 June 1739. Same to commissioners for Indian affairs.
Signed. Copy of no 2i9i. i small p.

424 iv Albany, 7 June 1739. Commissioners for Indian affairs to Lieut-Governor
Clarke. Copy of no 219^. i small p.

424 v Extract of letter, dated at Albany on 13 July 1739, from same to same.
Copy of no 303}. i pp. [CO 5/1344, ff 42~53d; entry of covering letter in 01)5/1366,
p 326; draft of same in CO 5/1335, ff ij^-ijyA dorse]

425 Same to Governor Jonathan Belcher acknowledging letters of 4 and 14
October 18 August. You will in due time receive HM's orders on the state of the

paper currency; meanwhile adhere strictly to instructions. Fort
Frederick should be put into proper posture of defence; we are surprised this has not been
done before. Entry. Signatories, M Bladen, A Croft, R Plumer. 2 pp. [CO 5/917, pp
297-298]

426 Thomas Hill to Francis Fane sending seven Acts passed in Antigua,
October 18 Nevis and Montserrat in 1739 for opinion in point of law. Titles stated.

Entry, i| pp. [CO 153/16, pp 165-166]

427 Same to Governor Richard Fitzwilliam requesting attendance at the
board on 25th inst to discuss several letters from him and one lately
received from the President of Council in Bahamas. Entry. | p. [CO

24/1, p 330]

428 Order of King in Council, on report from Committee for Plantation
October 19 Affairs, approving draft instructions, with alterations proposed, for

Robert Byng, governor of Barbados. Copy, certified by W Sharpe. 3 pp.
Endorsed, Reed. 22 September, Read 16 October 1740. [CO 28/25, ^ i6o-i6id]

429 James Oglethorpe to Harman Verelst. This is by way of explanation of
October 19 some accounts that I send over to answer the bills I have drawn upon

you. The Trustees assured me that they would make good the expenses
laid out for them. I have been as frugal as I possibly could as you will see by the accounts.
I thought to have bought horses sufficient to have made the journey to the Indian nation
and carried up the goods and for that purpose I drew upon you for zool sterling payable
to Mr Jenys, but being disappointed in purchasing horses was obliged to hire and was
obliged to buy goods in the nation from the traders to make presents to the Indians and
paid an advanced price which was but half the price they sell them to the Indians for. I
carried up as many as I could get packhorses for and upon those I saved the advanced
price. I have sent the bills at large though in them there are mixed articles, some relating to
myself, some to the Indians, but I have set off all that was to my own account. In the
articles of the Trustees there is 2o/ lent to Mr Kent. I have sent a letter from him to his
father: he is a young man of great worth and merit; his father was Member for Reading,
has a good estate and is an acquaintance of Mr Hucks's. I hope he will support his son: if
he sends him over 3OO/ and 5O/ a year he will make a very happy man of him for he has a
very fine tract of land at Augusta and the best notion of improving of any man I know in

208 STATE PAPERS COLONIAL [429

the province. There is an article of 1 2/ which was a loan in cattle to one Overstreet, an
industrious man with a wife and six children, who is settled at Augusta. The inhabitants
recommended him to me, he having been afflicted with sickness, and answered that by the
milk of six cows the wife would be able to maintain the family. There is 5/ given for
assistance to the cattle-hunters: Capt Cuthbert with the cattle-hunters and that small
assistance cut a path for horses through the woods which was before impassable from
Augusta to the Uchee from above sixty miles on our side the river. The whole of this
account with the presents amounts to 6847 105 zd, out of which i2}/ 95 $d I discharged
from the Trust's to my own account, being the expense of myself and family, so that their
charge is $6il os $d. There is 2oo/ in Mr Jenys's hands which I drew for to pay for horses,
which as I could not get horses at a reasonable price I have made an advance out of that
money to some butchers and drovers who are inhabitants of this town to slaughter here
and thereby enable them to furnish the town and shipping, etc with provisions and to
repay the same to the Trust as they receive it. This becomes quite necessary by the
shutting up the Trustees' store and is what their letter hints at of encouraging people to
sell provisions. Besides which, there is 4O/ which I pay to Camuse, the silkwinder, in
account, he having a demand upon the Trustees before my arrival and for expenses this
year, which demand will be lessened by this 4O/ as will appear in the accounts of the
commissioners for stating the debts. The next is 6}/ paid to Mr Jones in order to enable
him to discharge the debts due to the garrison at Augusta and would have been at a great
discount to the prejudice of the Trust's credit because the poor people were not able to
stay the sending them home to England. Capt Macpherson has a very considerable
demand upon the Trust as appears by the report of the commissioners : he having made it
appear that he was in the utmost distress I advanced him 61/45 which lessens the debt due
by the Trust. Mr Jones having occasion for provisions, etc from Cattell and Austin at
Charleston I advanced him $ol for the same for which he is to account to the Trust. A ship
belonging to Capt Caleb Davis arrived here with molasses and as there was no probability
that more would come up by reason of the war Mr Jones by my order bought the cargo
which is to be issued to the people here for money; and as soon as he receives the same it
will be so much towards the paying the estimate of the Trustees. It amounts to 4OO/ of
which I have at present drawn for but 22O/. I have also drawn for io// 95, ioo/, and 2O/
payable to Mr Thomas Jones, which money has been paid in discharge of the account of
Indian presents and is part of the 684/ ic-s.

The Cherokee Indians as will appear by the affidavits sent over to England by Col
Stephens, which I hope are arrived, were destroyed by rum and the smallpox carried up
by traders from Carolina, some of whom had been licenced at Charleston and some
without any licences but encouraged from thence. Above 1000 of the Indians died and the
sickness raged so that they could not attend their cornfields. They demanded justice from
all the English, threatened revenge, and sent to the French for assistance. Their deputies
met me at Fort Augusta. I asked them if they were Georgia traders that had sold the rum.
They said no, and I prevailed with them not only to be pacified with the English but also
to promise me the assistance of a body of men against the Spaniards. When they told me
of the starving condition they would be in by their having lost their corn harvest by the
sickness, I ordered as far as 1 500 bushels of corn to be bought at Augusta and to be given
to the Cherokee nation if they came down to fetch the same, to be divided amongst all the
towns where the dearth of corn was. Upon my acquainting the chiefs of my having done
this before they asked it, they said that the Trustees treated them as fathers do their
children, they did not give them toys nor unwholesome liquor but gave them wisdom and
justice and supplied their wants when misfortunes came upon them. They called them the
preservers of their nation, as they did the Carolina traders the destroyers of it. I have

43 2 ] AMERICA AND WEST INDIES 1/39 209

drawn for loj/ 105 to pay for this corn which stands in about eighteenpence per bushel
delivered at Augusta and this is paid into the hands of Mr Jones to answer that demand.
There was a great damp upon planting and indeed upon every other thing when I came
over but things are now much better. Yet I was obliged to encourage the planting and
with much difficulty could I persuade anyone near the town to it, so was obliged to
promise a bounty of 25 per bushel upon Indian corn and pease and 15 for potatoes, in the
hopes of which some have planted and have large crops. The people of Ebenezer were
contented with a less premium, viz i2f/ per bushel and that only upon corn and pease. The
sum total I cannot yet tell but I suppose a good deal of the bounty will be paid by setting
off some of the debts due to the store; those who are most necessitous I pay in money. By
the regulation there can be no fraud, for the ground on which the corn grew is to be
viewed as well as the corn measured. I have drawn for i$ol which is left in Mr Jones's
hands for this purpose. I shall lend Mr Burnside upon cattle 4O/ in order to enable him to
buy the same in Carolina. The cattle will be in this colony as security and cattle may be
very necessary in case supplies should be cut off; and for that and some other expenses
which I have left with Mr Jones to make I have drawn for 8o/. If the Trustees do not think
this encouragement to be within their intention, continue that 8o/ upon my account. You
see by this that there is great part of the amount of these bills in the colony to answer the
Trustees' estimate. There is part of it to pay the expenses of the last year and part to lessen
the debt before my arrival so that there is no increase of this year's expenses nor nothing
exceeding the estimate. Therefore I hope the Trustees will pay you the same and take
them off my account. I believe that it will be necessary to encourage the people in planting
to give next year a bounty of 15 per bushel upon corn and I have promised 45 a pound for
silkballs. Duplicate. Signed. 8 pp. Endorsed, Reed. 7 March 1739/40. [CO 5/640, ff
399-402d]

430 Governor Robert Byng to Duke of Newcastle acknowledging receipt of
October 20 instructions. I shall always endeavour the punctual observance of them
Portsmouth a a | SQ p reserve tne ut most zeal for whatever tends to HM's service in

the station you have placed me. If in the discharge of my duty I shall be so fortunate as to
merit your approbation I shall esteem it the highest satisfaction I am capable of receiving.
The Portland is now preparing to sail with the wind easterly which may probably soon
send us out of the Channel. Signed, i small p. [CO 28/45, ft 4 2 4~4 2 5d]

431 Postscript to a letter to Governor Richard Fitzwilliam from South
October 20 Carolina. There is extreme want of provisions at Providence. Our

merchants are withdrawing their effects and I am credibly informed your principal
inhabitants are so frightened that they will shortly remove hither. Copy. \ small p.
Endorsed, R from Mr Fitzwilliam, 9 December 1739. [CO 23/14, ff 316-3^]

432 James Oglethorpe to Trustees for Georgia. The order relating to
October 20 Negroes is arrived and published and hath had a very good effect. The

resolution shown by the Trust hath in a great measure quelled the
troublesome spirit. The remainder of the idle walkers and Dr Tailfer are preparing to
leave the colony but several industrious people are settling. This week above eight lots
have been taken up. I defrayed last year's expenses as I mentioned in my former and thank
you for the kind paragraph in your letter that you will repay those advances. I am not able
yet to send home all the accounts and vouchers but some I have, and explained them in a
letter to Mr Verelst and hope you will pay them. The estimate for the establishment of
this year is very short. The provision for the silk, which is one of the most important

2IO

STATE PAPERS COLONIAL [432

improvements in the colony, is far from being sufficient to carry that on. There is no
provision made for magistrates or constables at Augusta nor for tithingmen in this town
nor for agents in the Indian country nor for tithingmen in the outvillages of Hampstead,
Highgate, Skidoway and Abercorn; therefore probably the outvillages will quit their
ground for want of officers to preserve the peace. There is also no provision for
tithingmen at Ebenezer.

The Darien hath been one of the settlements where the people have been most
industrious as those of Savannah have been most idle. The Trustees have had several
servants there who, under the direction of Mr Moore Mclntosh, have not only earned
their bread but have furnished the Trust with such quantities of sawed stuff as hath saved
them a great sum of money. Those servants cannot be put under the directions of
anybody at Frederica nor anyone that does not understand the Highland language. The
woods fit for sawing are near Darien and the Trustees engaged not to separate the
Highlanders. They are very useful under their own chiefs and nowhere else. It is very
necessary, therefore, to allow Mr Mclntosh for the overseeing the Trust's servants at the
Darien, and indeed I do not think there is occasion for an overseer with any large salary at
Frederica since there is very little work for servants there except about the store. There are
several other absolute necessary expenses but as I know that the Trustees cannot exceed a
certain sum I shall not venture upon making them though I believe the colony will suffer
for want of them. I am indeed of opinion that the sum of 5<DOO/ a year would have done if
no war had happened. I could have distributed it in such a manner as to have supported
the colony but I fear it cannot be done now, for the having given notice to the magistrates
and others that they are to have such large salaries they cannot now be reduced. There is
no provision in the estimate for encouraging the vineyards, no bounty upon corn, no food
to encourage young planters, nor no provisions for servants out of their time. There is
5OO/ a year for all contingencies: I shall take all the care to divide that in such a manner as
to make it go the farthest I can but fear it will nothing near answer the necessary services.
There are two articles without which we should be entirely destroyed: those I shall
venture upon and I send you over notice of them that, if you think they are not within the
power of the Trust to apply money to, I should desire you would use your interest in
Parliament to procure a separate sum for that purpose in your vote. The one is a troop of
rangers and pay for those who head the Indians as officers, without which we shall lie
entirely open to the insults of the Spanish horse and Indians upon the continent, for it is
impossible for one regiment of foot to cover such a vast frontier. I send you the
establishment of these bodies of men. There is also the garrison at Augusta. The first party
that I sent up there under Ensign Kitson was drowned and I cannot spare any men from
the regiment to so far a post now we have the Spaniards upon our backs. Therefore I have
kept up that garrison with ten men. I have also kept one agent or intelligencer in the
Creek and one in the Cherokee nation with an appointment of $ol a year for themselves
and 24/ for a servant and to find themselves food.

Col Stephens and Mr Jones having acquainted me that Mr Williamson was gone away
to Charleston and not like to return, and that therefore Mr Christie could not leave the
recorder's office and consequently not succeed Mr Parker, they further acquainted me
that Mr Parker now behaved well, had entirely left off drinking, and that they thought it
would be most serviceable to the colony to continue him first magistrate. I accordingly
did till your further orders and I believe you will think it proper to continue him on. This
place is now very quiet and the whole province wears a much better face then when I
arrived. Georgia has been very healthy this year; the fatal rum fever of Charleston hath
not extended to us and I believe five men have not died out of the five companies of my
regiment quartered in this province. Signed. 5^ pp. Endorsed, Reed. 7 March 1739/40.

434] AMERICA AND WEST INDIES 1739 2I1

Read before the committee of correspondence ^^ March 1739/40. [CO 5/640, ff

433 Commissioners for Trade and Plantations to the King recommending
October 23 confirmation of Act passed in Virginia to enable Ralph Wormley to sell

Whitehall entailed lands. Entry. Signatories, Martin Bladen, A Croft, R Plumer, J
Brudenell. i p. [CO 5/1366, p 327; draft in CO 5/1335, ff i8o-i8oA dorse]

434 Governor Jonathan Belcher to Commissioners for Trade and Planta-
October 24 tions. As I have for a long time past been writing you of all things

Boston relating to this province and that of New Hampshire, I am hoping by
some of the ships now expected from England to receive from you an answer to such
things as you may judge necessary for advancing HM's interest and service. Since my last
the Assembly of this province has been convened and sat from i9th of last month to 9th
of this, and refused raising any money for the support of the government or defence of the
province but in such a manner as I dare not consent to. What passed in this sessions you
will see by the journals of the Representatives which I send you herewith, and also the bill
that passed both Houses for a supply of the treasury which you will find entirely
inconsistent with HM's 9th and i6th instructions to me. On the bill you will find my
marginal notes which will readily let you into the nature of their bills and how that I
could not sign it but in direct disobedience to HM's royal orders; and you will also easily
perceive that the drift and design of this bill was to make an emission of a large quantity of
paper currency without any honest and solid foundation. The bills the Assemblies have
issued here for many years past are not now worth 55 in the pound of the current silver
money of the province as by law established; and had it not been for HM's i6th
instruction I suppose there had been emitted by this time by the Assemblies of this
province as much paper currency as would have been half a million of nominal pounds
and would have reduced their value to less than half-a-crown in the pound of the good
and lawful money of the province (which is seventeen dwt of silver to pass for six
shillings). What a fraud and deceit, then, must emissions such kinds of bills of credit be! I
therefore have always thought HM's royal i6th instruction to me to be a wise,
wholesome and gracious care for the honour of his government and for the true welfare of
his people in this province. It cannot easily be imagined how vastly the British trade
hither has suffered from time to time by this vile sort of bills. While the Assemblies here
issued bills only for the charge of the government and punctually drew them in within the
year of their going out, they maintained the value they went out at; but when they went
into the practice of emitting great sums on loan and of setting the calling in of what they
emitted for the charge of government at long periods, they immediately sunk in their
value. The flagrant breach they now make of the public faith in not calling in the sum of
bills they are obliged to by their own law is a good reason why they should not for the
future emit bills without making the particular assessment, in the Acts by which they are
to go out, on the several towns of the province for calling them in within the year and
enabling the treasurer to do his duty therein, for it's plain to be seen in the practice of the
present Assembly that solemn promises and laws are of little consideration with them.
And notwithstanding these things, I must question whether when the Assembly meets in
December next they will make any supply to the treasury, and then all the officers of the
government and others who have just demands on the province must suffer in a most
extraordinary manner; the forts and garrisons must remain in the ruinous condition they
now are and still run into greater disrepair [MS: despair], and if the Assembly should
continue in this way they must finally be all lost. I do think myself bound in duty to the

212 STATE PAPERS COLONIAL [435

King and in tenderness to this people to represent the state of this province as it really is at
this day and shall be glad of any further orders HM may think necessary for his own
honour and for the good of this people. I believe I have formerly hinted to you the vast
damage that accrues to the British trade, and indeed to HM's subjects also in these
provinces, by some of the charter governments (who are not directly, as others, under the
power of the Crown) emitting large sums of paper currency without any foundation to
support their value, and the little neighbouring colony of Rhode Island have by their large
emissions of such bills greatly contributed to the sinking of the value of all the bills of
credit issued in this province. I would therefore propose to you that a bill might be
brought into the Parliament of Great Britain (with proper penalties) forbidding all the
King's provinces and colonies in America from striking any more bills of credit than
might be sufficient for defraying the charge of each government where they might be
emitted, and that sufficient provision be made in the Act whereby they are emitted for
calling them in within the year in which they go out. This would naturally give them a
value as they are passing. I shall hope for your particular answer to this letter as soon as
you conveniently can. Signed. 7 small pp. Endorsed, Reed. 4 December, Read 5 December
1739. Enclosed:

434 i Bill of Massachusetts for supplying the treasury with io6ooo/ in bills of
credit for discharging the public debts. Passed in House of Representatives 3 October;
in Council 4 October 1739. With marginal comments by Governor Belcher. Copy,
examined by J Willard. 35 pp. [CO 5/881, ff 158-1 Sod; printed copy of enclosure,
endorsed (i) Communicated to the Board by Christopher Kilby, agent (2) Reed.,
Read 14 October 1740, in CO 5/882, ff 64~7id; another copy of same in CO 5/752, ff
333~347d; abstract of same, endorsed Reed, from Mr Kilby, Reed, i April, Read 3
April 1740, in CO 5/881, ff 247~

435 Thomas Jenys to Trustees for Georgia acknowledging Mr Verelst's
October 27 letter of 14 July and copy of report on account. The differences between

our and Mr Causton's accounts are few and can be reconciled: they
arise from a double charge by Mr Causton of two bills and a charge of two certificates.
Gen Oglethorpe has sent more than one officer to this government to offer his services for
annoying the Spaniards; it is much to be wished that the general's power had been more
extensive. Freedom to Negroes is a diminution of our people's estates which is what the
Spanish declaration does. It is to be hoped that the Assembly here will thank and support
the general. Signed. ^\ pp. Endorsed, Reed. 24 December 1739. [CO 5/640, ff 409-4^]

436 Duke of Newcastle to Governors of Jamaica, Barbados, Leeward
October 29 Islands, Bahamas, Massachusetts and New Hampshire, Nova Scotia,

New York, New Jersey, Virginia, South Carolina, North Carolina,
Maryland, Pennsylvania, Newfoundland, Rhode Island and Connecticut (Circular). I am
to acquaint you that on Friday i9th instant a Great Council was held at Kensington
where HM approved and signed a declaration of war against Spain and ordered that the
same should be published on Tuesday 23rd instant by the heralds-at-arms in the usual
places and with the accustomed formalities on the like occasions, which was done
accordingly. And I am commanded to send you a printed copy of the said declaration and
to signify to you HM's pleasure that you cause it to be proclaimed in the places under
your government that his subjects, having notice, may take care to prevent any mischief
which otherwise they might suffer from the enemy and do their duty in their several
stations to annoy the subjects of Spain. And HM would have you be very rigorous and
severe in preventing any ammunition or stores of any kind from being carried to them,

438] AMERICA AND WEST INDIES IJ39 2I 3

and you are to use all proper methods that may be most effectual for this purpose.

Like letter to Mr Oglethorpe with the words in Georgia instead of the places under
your government. Entry. i pp. [CO 324/37, pp 150-151]

437 Governor Edward Trelawny to Duke of Newcastle. Vice- Admiral
October 30 Vernon having desired me to assist him with as many soldiers as I can in

Jamaica order to make an attack upon Porto Bello, and it being my most ardent
desire to promote HM's service in every branch of it, I have with the utmost shift spared
him 200 men. I must own it occasions a good many of the island to murmur at the sending
such a number out of the few forces here, but I was willing to strain to the utmost as I
think it of the greatest consequence that some stroke should be struck to distress and
frighten the Spaniards in order to bring them to our terms before France may be ready to
join with them. Success in this attempt may perhaps put an end to the war, nothing of
moment having been done by Mr Brown's squadron and the three ships that Vice-
Admiral Vernon sent to La Guaira having failed in that design. I must beg you to move
HM to send the reinforcement of soldiers which I desired in my letter of 8 August last. I
wish HM would order me upon any particular service or give me a discretionary power to
make a descent upon any part of the Spanish territories that I shall judge may be attacked
with success and to the best advantage. I believe something may be done with the
additional help of the five companies I desired but if HM would please to order more
troops and command me upon any particular service I shall execute it with cheerfulness,
and I make no doubt but many volunteers would follow me in any expedition which I
should go upon in person. I acquainted you in a letter of 22 September last that the
country is very uneasy at the expense of subsisting the prisoners taken by HM's ships. I
hope HM will soon send orders to have them maintained out of the profits arising by
prizes taken by HM's ships upon this station. If the next Assembly refuses to subsist them
I shall be in great perplexity to know what to do with the prisoners. I have sent a few
prisoners in most of the homeward bound ships and design to send more in others.
Several of the prisoners belong to the Spanish men-of-war and galleons who have been
suffered to make trading voyages; and as the galleons are not in a condition to return
home soon there is no doubt but many men belonging to them will during their stay in
the West Indies be permitted in the same manner to go on board guardacostas and
privateers with design to annoy us. Besides, as our merchant ships want hands because
their men quit their service and enter on board our men-of-war and privateers, I find
them willing to have this assistance in their navigation, and accordingly I have allotted
them as far as one Spaniard to five Englishmen. Signed. PS. 5 November. Mr Vernon
sailed this morning for Porto Bello. 3^ pp. Endorsed, R, 7 March. [CO 137/56, ff
26o-26id; signed duplicate, endorsed R, 26 March, at ff 2 5 7-2 5 yd]

438 Ralph Noden to Commissioners for Trade and Plantations. The
October 31 inhabitants of Bermuda are not able to supply themselves either with

the stores which are so greatly wanted or the smallarms, occasioned by
means of the poverty of that country which can hardly be otherwise since it produces no
staple commodity for exportation or employment of the inhabitants who chiefly rely on
going to sea for their support and maintenance, thereby becoming as it were carriers to
the rest of HM's colonies in America. It would be needless for me to set forth to you the
great importance the preservation of that island is of for securing the trade and navigation
of Great Britain to and from all its colonies in America, you being so perfectly acquainted
with the situation of that place. [I] only crave leave to observe that our ships going to and
coming from that part of the world are obliged to sail within 50 leagues to the eastward or

214 STATE PAPERS COLONIAL [439

westward of that island and oftentimes much nearer, so that should it fall into the hands
of an enemy it would prove of the utmost bad consequence to the British trade. And as
that colony has not been troublesome to their mother country since 1701, as appears by
the report of the Lords Committee of the Privy Council laid before your board, save only
the 50 barrels of gunpowder the present governor carried with him, I hope you will make
a report in favour of the island's being supplied with stores and smallarms from hence, the
inhabitants not being in a capacity to purchase them. Signed. 2 small pp. Endorsed, Reed.,
Read 8 November 1739. [CO 37/13, ff 127, i27d, 130, i3od]

439 Order of Committee of Council for Plantation Affairs directing

November 2 Commissioners for Trade and Plantations to lay before this committee

the best and most accurate maps they have of Virginia or any

neighbouring colonies about 1686 or earlier, wherein the boundaries of the land claimed

by Lord Fairfax may be particularly described. Seal. Signed, W Sharpe. 4 p. Endorsed,

Reed. 13 November, Read 15 November 1739. [CO 5/1324, ff 178, i78d, 183,

440 Same, upon consideration of petition of Col Thomas Pym, that
November 2 Commissioners for Trade and Plantations do lay before this committee

the reasons transmitted by Governor Mathew for having removed the
petitioner from the Council of Nevis. Seal. Signed, W Sharpe. f p. Endorsed, Reed. 13
November, Read 15 November 1739. [CO 152/23, ff 239-240^]

441 Same referring Act prepared by Trustees for Georgia for regulating
November 2 pilots, laying duty on shipping, and laying another duty on shipping for

repair of beacon on Tybee Island, back to Commissioners for Trade
and Plantations, to give the agents of South Carolina opportunity to consider it. Seal.
Signed, W Sharpe. i p. Endorsed, Reed. 20 November, Read 21 November 1739. [CO
5/367, ff no-iiid]

442 William Stephens to Harman Verelst. Upon my presenting the bill
November 3 which you sent me by order of the Trustees drawn by Mr Hammerton

Q U

on Mr George Saxby for 2oo/ sterling, he told me that he could not
accept it, having not near so much of the King's money in his hands. Whereupon I am
obliged to have it protested but he, being now here, desires me not to return it
immediately before he gets back to Charleston (whither he is going) because it is possible
that he may then answer it, whereof he will then write me; to which I have complied and I
put this into his hands to transmit to you per first opportunity. In few days you may
expect to have letters from me of further import. Signed, f small p. Addressed. Endorsed,
Reed. 4 March 1739/40. [CO 5/640, ff 411-412]

443 Samuel Urlsperger to [Harman Verelst] acknowledging letter of 19
November 3 February past. The goodness of the Trustees in paying passage of seven

Augsburg colonists to Georgia in April is acknowledged. Money has been sent
from here to Mr Ziegenhagen for Ebenezer. A contribution from the Trustees to Mr
Bolzius's house is hoped for. Perhaps another transport of colonists may be sent next year
if things turn out favourably. A map of the English colonies is much wanted in connexion
with publication of the relations of the Salzburgher emigrants. If rumour is correct there
are hundreds, some say six thousand, in the Archbishopric of Salzburgh ready to
emigrate: the King of Prussia receives and encourages many. French. Signed. 3 pp. [CO
5/640, ff 4 1 3-4 1 4d]

448] AMERICA AND WEST INDIES 1/39 2I 5

444 Governor Edward Trelawny to Andrew Stone. Pray steal away my
November 5 letter of 22 September last [no 392] about the Spanish prisoners and

burn it. Upon my looking over the copy of it in order to have a duplicate made I found it
was direct nonsense, so I only referred to it, and pretending to recite the substance said
what I should have said in plain English and not Irish. I wrote it I remember in a great
hurry the night before the ships sailed and when I was plagued [with] not knowing what
to do with the prisoners for which there was no provision nor no proper place to keep
them in. Having received orders to prevent stores of any kind being carried to the
Spaniards, and hearing that the admiral of the galleons at Cartagena was in great want of
provisions for his ships, I thought it my duty to prevent any being carried to them,
especially at a time that Commodore Brown with his squadron was gone away from us to
cruise off Havana. As soon as Admiral Vernon arrived [so] that we were in a posture of
defence I took off the prohibition, leaving trade to take its course again. But I kept it on
long enough it seems to make the South Seas agents here and the South Sea factors at
Cartagena forfeit their deposit money for the supplying the admiral of the galleons with
flour. This and the taking into custody [of] the agents for an imprudent letter to
Cartagena has incensed them sufficiently against me and I hear the factors at Cartagena
threaten me most terribly with damages and the Lord knows what. The reason of this
long tale is to desire to know whether provisions be a store of some kind or other, or
whether I am only to understand warlike and naval stores to be meant. For as to the
gentlemen's anger and clamour I shall leave them alone to prove with great pains that I
have done my duty by preventing the Spanish ships from being able to get to sea. Signed.
PS. Admiral Vernon sails today to take Porto Bello. 2 small pp. Endorsed, R, 26 March.
[CO 137/56, ff 262-i63d]

445 Commissioners for Trade and Plantations to Duke of Newcastle
November 6 enclosing the following. Signed, A Croft, R Plumer, M Bladen. i p.

Whitehall Endosei l.

445 i Extract of letter, dated 28 February 1739, from President John Howell to
Commissioners for Trade and Plantations notifying the ruinous state of barracks in
the Bahamas. [See second paragraph of no 72]. Copy. 15 pp. [CO 23/15, ff 22-25d;
entry of covering letter in CO 24/1, pp 330-331]

446 Thomas Hill to Sir William Yonge sending same. Entry, f p. [CO 24/1,
November 6 D iiil

Whitehall

447 Governor Edward Trelawny to Duke of Newcastle. I return you my
November 6 t> es r. thanks for the success I have had in recommending the five

Councillors, a point of great consequence to me in the beginning of my
administration, as also for the Order of Council whereby I had a discretionary power to
pass the bill wherein the Jews were taxed for the current year. Since it is HM's
determination that I shall not for the future give my consent to a separate tax upon the
Jews I will take care not to disobey his commands, though I much fear it may embroil me
with the Assembly and hinder them from giving the usual subsistence to HM's
independent companies. Signed, i p. Endorsed, R, 7 March. [CO 137/56, ff 264

448 Memorial of Governor Richard Fitzwilliam to Duke of Newcastle

[November 6] representing the defenceless state of the Bahamas. New carriages and

beds are needed for the ordnance; powder and small stores; a small work behind the

2l6 STATE PAPERS COLONIAL [449

present fort at an estimated cost of 8oo/; rebuilding of barracks at Fort Nassau, New
Providence; and at least two gunners, there being no people upon the island skilled in that
capacity. Signed, i p. Endorsed, (i) R, 6 November 1739 (2) Copy sent to Duke of Argyll,
7 November. Enclosed:

448 i Account of stores needed in Bahamas. Signed, R Fitzwilliam. 3? pp. [CO
23/14, ff 308-3 1 id; another copy of memorial and enclosure at ff 312-3^]

449 List of papers received from Andrew Stone at the Duke of Newcastle's
[November 6] office relating to defence of New York, Bermuda, Jersey and Guernsey,

Nova Scotia and Carlisle, i p. Endorsed, sent to Council Office 6 November 1739. [CO
5/1086, ff 1 50-1 5 id]

450 Commissioners for Trade and Plantations to Governor Edward Tre-
November 8 lawny. Since our letter to you of 3ist August last, we have taken the

state of your island into consideration, and having collected what informations we could
from the books and papers in our office upon that subject are sorry to find that Jamaica is
in so defenceless a condition as it appears to be by the last return to our general queries
from Mr Hunter in 1730. We would much rather concur in the means for remedying this
evil than examine into the causes from whence it has proceeded, but we cannot help
taking notice that the island of Jamaica alone contains double the quantity of land that is
to be found in all the four Leeward Islands, yet the imports from Antigua, St
Christopher's, Nevis and Montserrat have many years exceeded those of Jamaica,
although there is great reason to believe that some part of the sugars and all the indigo that
has been imported of late years from Jamaica are not the natural product of that island.
From whence it would naturally follow that not one half of your lands are at present
cultivated and that Great Britain does not reap half the benefit from your colony which
she might if it were fully settled. The advantages which would result from such a
settlement with respect to the security of the island, and consequently to the value of your
lands, are so obvious that we are surprised the people of Jamaica have not yet done
anything more effectual towards the obtaining so desirable an end. It cannot indeed be
denied that their legislature have at sundry times made some faint efforts towards the
mending of their condition in this respect, but these efforts how well soever they might at
first have been intended have, some of them, been converted into schemes for the benefit
of the old planters and have, all of them, proved ineffectual to the main and necessary
purpose of peopling the island. Thus in 1721 an Act was passed by Sir Nicholas Lawes to
divest the proprietors dwelling in England of their lands in the north-east quarter of
Jamaica for neglect of cultivation and non-payment of quitrents, and to vest the same in
the Crown to be granted out to newcomers at easy rates and with great privileges. Several
more Acts likewise passed relative to this subject, viz Act for settling north-east part of
the island, 1722; Act to encourage white people to settle and for settling north-east, 1723;
Act to explain Act for settling parish of Portland, 1725 ; Act for securing new settlements
at Port Antonio, 1729; Act for settling east and north parts of the island, 1732; Act for
settling parish of Portland by vesting unsettled lands in the Crown, 1738. But by the
fourth of these laws leave is given to those already possessed of lands in Jamaica to
become settlers in the north-east quarter, by which the original design of this good
scheme is entirely perverted and those lands which were taken from the old proprietors in
England may be transferred to the old proprietors in Jamaica without any addition of
strength to the island. Whether this alteration proceeded from a real want of new settlers,
from want of due encouragements, or from want of due notice of such encouragements
which were generally temporary, is not necessary to determine; but it is manifest that

450] AMERICA AND WEST INDIES 1739 217

either the scheme was defective or that proper care was wanting for putting the same in
execution, for we have been informed that some persons who went to Jamaica upon the
news of these encouragements were obliged to return with great loss and were
disappointed in their expectations. The legislature of Jamaica have likewise passed other
Acts from time to time expressive of their desire to increase the number of their white
people, called deficiency laws, whereby they have once in a year or two laid a tax upon all
persons not having a number of white people on their plantations proportioned to that of
their blacks or to their stock of cattle, generally at the rate of one white person to about
thirty Negroes and of one other white person to about 1 50 head of cattle. These laws have
probably raised taxes for the public purposes but we don't find they have proved
sufficient to compel the planters to increase their white people. We are too well apprized
of the consequence of Jamaica not to be thoroughly concerned for the security of that
island, and have too much zeal for the welfare of the British colonies not to concur with
great readiness in any measures that might tend to their preservation and advantage. But
we are not at present so thoroughly informed of the detail of your circumstances as to be
able to propose a proper remedy for the present evil, and therefore we must desire you to
send us by the first opportunity a very particular return to the following questions, as
likewise an answer to the general queries which we send you herewith enclosed.

How many acres by estimation may there be in the whole island of Jamaica? How
many of those acres are actually cleared and planted? How many employed in raising
sugar, ginger, cocoa, coffee, indigo or any other produce for the European markets? How
many in raising stock and provisions? What number of acres have been granted by the
Crown in this island? Under what quitrents and conditions? Whether the quitrents have
been paid and the other conditions duly complied with by the grantees? What number of
acres still remain in the power of the Crown to grant? What effect the several deficiency
laws and those for settling the north-east quarter have had with respect to the increase of
white inhabitants? What is become of the lands taken from English proprietors for
non-payment of quitrents and non-cultivation by virtue of the Acts for peopling the
north-east quarter of Jamaica? How many acres were by those Acts vested in the Crown?
How many of them have been granted and to whom, distinguishing ancient settlers from
the newcomers? Whether the encouragements granted by the aforesaid Acts to new
settlers have proved effectual? If they have not, to what causes that deficiency is to be
attributed, and what may still be wanting to render the same effectual? How many
soldiers were settled in the island upon the reduction of the two regiments sent thither in
1730, and how many of them now remain there? Whether there are not still great
quantities of land patented which are in arrear in quitrents or uncultivated? Where do
these lands lie and to what number of acres may they amount? If no land yet remains in
the Crown ungranted, what number of acres the Assembly will purchase and for ever set
apart for the reception of newcomers? How many acres per head will they give to each
man, woman, child and servant that shall come to settle in the island? And what further
encouragements will they give them with respect to the charge of their passage, provisions
after their arrival, exemption from quitrents and taxes?

Whenever we shall be thoroughly informed of all these particulars and shall be
convinced that the legislature of Jamaica are sincerely disposed to help themselves, you
may depend upon it they will not want an assistance for the better peopling of the island,
wherein the interest of Great Britain and that of the colony will always agree; and we
flatter ourselves that under your administration the legislature of Jamaica may be induced
to exert themselves in so necessary and so laudable an undertaking. In the meantime we
would recommend to you to make no grants of any lands or escheats to persons already
settled in the island, but to reserve whatever may remain in the disposal of the Crown for

2l8 STATE PAPERS COLONIAL [451

the benefit and encouragement of newcomers only. Entry. Signatories, M Bladen, R
Plumer, J Brudenell, A Croft. i2\ pp. Enclosed:

450 i Queries to Edward Trelawny, Governor of Jamaica, in 1739. (i) What is the
trade of the island under your government, the number of shipping belonging thereto,
their tonnage and the number of seafaring men with their respective increase or
diminution? (2) What quantity and sorts of British manufactures do the inhabitants
annually take from hence? (3) What trade has the island under your government with
any foreign plantations or any part of Europe besides Great Britain? How is trade
carried on? What commodities do the people under your government send to or
receive from foreign plantations? What methods are there used to prevent illegal trade,
and are the same effectual? (5) What is the natural produce of the island under your
government? Are there any and what manufactures? (6) What monies are there? (7)
What may be the annual produce of the commodities of the island? (8) What is the
number of the inhabitants, white and black? (9) Are the inhabitants increased or
decreased of late and for what reasons? (10) What is the number of the militia? (n)
What forts and places of defence are there within your government and in what
condition? (12) What is the strength of your neighbours? (13) What effect have the
French settlements on HM's island under your government? (14) What is the revenue
arising within your government and how is it appropriated? (15) What number of
acres of land are there already granted from the Crown and cultivated in each parish or
district within your government? what the quitrent reserved thereupon, and what
number of acres may there by computation remain untaken up or uncultivated? (16)
What are the ordinary expenses of your government? (17) What are the establish-
ments, civil and military, within your government and what officers hold by patent
immediately from the Crown? It is desired that an annual return may be made to these
queries that the Board may from time to time be apprised of any alterations that may
happen in the circumstances of your government. Entry. 32 pp. [CO 138/18, pp
299-315]

451 Lieut-Governor William Gooch to Commissioners for Trade and
November 8 Plantation enclosing the following. We have exported this year 33300

hogsheads of tobacco and next year if we have a sufficient number of
ships we shall send home near 40000. Signed, f small p. Endorsed, Reed., Read 12 March
1740. Enclosed:

451 i Account of HM's revenue of 25 per hogshead arising within Virginia, 25
April 1739 to 25 October 1739. Signed, John Grymes, receiver-general. Audited, 3
November 1739, by John Blair, deputy auditor. Passed in Council, 3 November 1739,
by William Gooch. 2 pp. [CO 5/1324, ff 184-1 8 5d, 189,

452 Order of Committee of Council for Plantation Affairs, on considera-

November 9 t i on o f letter of 30 August from Lieut-Governor George Clarke to

Duke of Newcastle, referring the list of goods suitable for Indian

presents to Commissioners for Trade and Plantations for report on supply of presents in

peace and war, any allowances that may have been made to governors for that purpose,

and whether governors have accounted for the same. Seal. Signed, W Sharpe. 12 pp.

Endorsed, Reed., Read 13 November 1739. Enclosed:

452 i List of Indian presents. Copy of no 3 56!. i p. [CO 5/1059, ff 1 14-1 1 5d, 1 19,
ii9d]

456] AMERICA AND WEST INDIES 1739 2I 9

453 Same to Commissioners for Trade and Plantations to prepare account
November 9 o f w hat forces were sent to Bermuda in the reigns of William III and

Whitehall Anne s ea i signed, W Sharpe. f p. Endorsed, Reed. 1 3 November, Read
15 November 1739. [CO 37/13, ff n8-i29d]

454 Same referring the enclosed to Commissioners for Trade and Planta-
November 9 t i ons . Seal. Signed, W Sharpe. f p. Endorsed, Reed. 1 3 November, Read

15 November 1739. Enclosed:

454 i Petition of John Yeamans, Thomas Butler and Richard Coope, agents for
Antigua, Nevis and St Christopher's, to the King in Council, praying for supply of
warlike stores. Copy. i pp.

454 ii List of ordnance and other arms of war necessary for the immediate
defence of the Leeward Islands. Copy, i p.

454 iii Account of warlike stores sent to Antigua in 1734 to be distributed in
Leeward Islands according to number of militia. Account of stores of war which were
ordered if the islands would pay for them. Account of stores of war which were payed
for but not contained in either of the above orders. Copy, i p. [CO 152/23, ff

455 Thomas Hill to Francis Fane sending sixty-seven Acts passed in
November 9 Pennsylvania all above five years ago. The agent who lodged them in

Whitehall ^ o ff| ce j s d ea d anc j tne Acts nave not vet b een {^ b e f ore HM.

Opinion in point of law requested. Titles stated. Entry. 7 pp. [CO 5/1294, pp 117-123]

456 President James Dottin to Commissioners for Trade and Plantations
November 9 acknowledging letter of 5 July last with resolutions and requirements of

Houses of Lords and Commons. I have diligently inquired and find
that no paper credit was established in this island in 1 700 nor at any time before or since
but in 1705 when paper bills of credit to the value of joool issued for the payment of a tax
then laid on the inhabitants, and in 1706 when an Act 'to supply the want of cash and to
establish a method of credit for persons having real estates in this island' passed here 18
June 1706, empowering the treasurer to issue bills of credit by way of loan for one year to
any person who should apply for the same to the value of one fourth of their estates,
which bills were then directed to pass as current cash and be received and allowed in
payments accordingly, in consequence whereof large sums issued. But these bills being of
little or no credit and occasioning all the gold and silver to be sent off the island and
greatly discouraging the trade thereof, Queen Anne by Order in Council dated 21
October 1706 declared her disallowance of the said Act and signified her royal will and
pleasure to this government that all possible care should be taken and the best provision
made that could be that such who had been obliged to receive such bills, and the persons
to whom any debts were owing and had been obliged to part with legal securities for such
bills, should be no sufferers thereby but be restored as far as might be by some new law to
the same state they were in before the passing the said Act; and to prevent a law of the like
or of any extraordinary nature till the sovereign's pleasure is first known therein, which
has occasioned no other paper currency since to be established in this island.

In 1 700 and till i January 1 704 foreign silver coin passed in this island by tale so that
generally light money only was paid and received here. For if what was offered would by
a standard be of greater or less value than it was offered at, it was taken according to its
denomination of whole, quarter and eighth pieces, whereby a great deal of the foreign
coins passing here were clipped and made very light, and there was then no complaint

22O STATE PAPERS COLONIAL [457

made of the want of cash in this island. The gold that was then current were pistoles
which passed at 205 and guineas at 255. There was then seldom any uncoined gold sold in
the island and the little silver that was sold was purchased at 55 per ounce. Queen Anne by
proclamation dated 1 8 June 1704, published in this island 24 August following and was to
take place and be enforced i January afterwards, having settled and ascertained the
current rates of foreign coins in HM's colonies and plantations in America, all the light
money that had been before current was before that settlement took place paid away in
discharge of debts then owing in the island; and the cash having then centred in the hands
of merchants and other traders, who having advices that the neighbouring colonies and
plantations had not paid that strict observance to HM's proclamation as had been done in
this island, most or all of the cash was soon afterwards sent off from hence, which
occasioned the prejudicial Act beforementioned to be passed in this island for supplying
the want thereof. And from the said i January 1704/5 till this time all silver coins are
accounted received, taken and paid according to the ratio and standard directed by the
said proclamation. And when moidores were first introduced into this island, without any
regard to their weight they passed currently at 355 each as well as pistoles at 205 and
guineas at 225 till 1715 or 1716 when the principal merchants agreeing to take pistoles at
225 6d, guineas at 275 6d and moidores at 375 6d, they have ever since till this time passed
at those rates; and not many years since many pieces of new coined Spanish gold have
been introduced and pass current, the whole piece at 5/ and the others in proportion
thereto. We have lately a very bad silver mostly current among us of a very base alloy of a
Spanish coin called or distinguished by the name of pistereens which pass by weight; but a
French coin made for the payment of their soldiers abroad are reckoned much better
silver, yet they pass currently in this island by tale at j\d but weigh generally about jd and
under and are much esteemed by the inhabitants but few remain long in the island, being
carried to HM's Leeward Islands and other places where the standard and weighing of
money being little regarded, this island is very often drained of all its cash. Uncoined gold
is generally sold here at 4/ los per ounce and silver at 55 6d per ounce, and the exchange
betwixt this island and Great Britain for many years past has been 28 to 32 per cent but
most commonly at 30. Signed. 3 pp. Endorsed, Reed., Read 1 5 March 1740. [CO 28/25, ^
94-9 5 d]

457 Petition of John Sharpe, agent for Jamaica, to the King. Whenever this
[November 9] nation has been at war with Spain it has been beneficial to private trade

between Jamaica and New Spain, as in 1707-1709 when the then commodore at Jamaica
granted convoys to all ships applying for them. In 1718 the then governor issued a
proclamation permitting that trade which is particularly allowed of in an Act of
Parliament of 6 Anne to encourage trade to America. There was never a fairer prospect of
success in opening this branch of trade than at this present juncture. The galleons at
Cartagena will not venture to sail so there can be no fair at Porto Bello. Petitioner prays
for licence to British subjects to carry on this trade, provisions, naval and warlike stores
only excepted, and for orders to men-of-war at Jamaica to protect the trade both to New
Spain and to Britain, and likewise for one or more men-at-war to cruise round Jamaica to
protect the outsettlements which are dangerously exposed. Signed. 2 pp. Endorsed,
Delivered 9 November 1739. [CO 137/48, ff 576-570 dorse]

458 Petition of merchants, planters and others trading to and interested in
[November 9] tne British plantations in America, to the King, praying that part of the

benefit of Spanish prizes taken between Order in Council for making reprisals and
declaration of war may be allotted to those who formerly suffered by Spanish

461] AMERICA AND WEST INDIES 1739 221

depredations. Signed, John Keith, H Bendysh, Beeston Long, Samuel Frye, John
Pennant, Thomas Delamotte, Colin Campbell, James Knight, David Barclay jnr, Eliakim
Palmer, Edward Tyzack, William Coleman, Zachariah Bounyan, Thomas Framan,
Papillon Ball, Samuel Travers, James Douglas, W Gerrish, Davy Breholt, William Tryon,
Roland Frye, Alexander Dundas, Samuel Pennant, S Bethell, William Black, Robert
Lidderdale, Edward Somers, David Crichton, Roger Drake, Samuel Bonham, Peter De
Lamotte, Henry Barham, Thomas Tryon, George Fryer, James Pearce, Marmaduke
Hilton, Nathaniel Bassnett, William Dunbar, John Sharpe, agent for Jamaica and
Barbados, John Yeamans, agent for Antigua and Montserrat, Richard Coope, agent for St
Christopher's, Francis Wilks, agent for New England, i large p. Endorsed, Delivered 9
November 1739. [CO 5/5, ff 1530, 1530 dorse]

459 Governor Edward Trelawny to Duke of Newcastle. On 6th inst Samuel

November 12 Dicker and Rose Fuller, esquires, and Sir Simon Clarke Bart were

sworn into the Council pursuant to HM's several orders for that

purpose. I delayed swearing in Samuel Whitehorne, esquire, upon account of the

complaint made against him in the petition and affidavit hereunto annexed. I have

communicated them to him and had his answer but wait for the reply of the complainant.

As Mr Whitehorne was recommended by me I think I ought to be the more cautious in

admitting him into the Council before he purges himself more satisfactorily of this

charge, being of opinion that if it is proved it is of such a nature that by my 67th

instruction he ought not to be admitted into any public trust or employment, especially

into this which is the greatest. Edward Garthwaite, esquire, the fifth Councillor ordered

to be sworn, is absent from the island. Signed. 12 pp. Endorsed, R, 7 March. Enclosed:

459 i Affidavit of Rev Joseph Blumfield, rector of St Anne's, Jamaica, sworn

before Edmund Hyde on 8 September 1739. On 24 June 1739 he read the prayers and

preached the sermon and then walked out of the church. He rode by the church

twenty minutes later when one Cholmondly was preaching a sermon at the command

of Samuel Whitehorne. Copy, f p.

459 ii Petition of Rev Joseph Blumfield to Governor Trelawny. Samuel
Whitehorne designed to introduce one Cholmondly to preach in the parish church of
St Anne's on 24 June last on the subject of drinking and horse-racing. Though
forbidden by petitioner, Whitehorne insisted that Cholmondly should preach, which
he did. Locked doors were broken open. The preaching caused universal laughter in
the church. Cholmondly also married two couples, going with them out of the parish
though they belonged to it. To intimidate petitioner and to punish him for his regard
to religion, which he would not permit to be turned into ridicule and buffoonery,
Whitehorne declared his intention of cutting off the additional 5O/ per annum given
usually by the vestry to the rector. Copy. 12 pp. [CO 137/56, ff 266-2696]

460 Same to Commissioners for Trade and Plantations. In substance same as
November 12 no ^^ Signed. 12 pp. Endorsed, Reed. 10 March, Read 1 1 March 1740.

Jamaica Enclosed:

460 i Petition of Rev Joseph Blumfield to Governor Trelawny. Copy of no 459ii.
22 pp.

460 ii Affidavit of same. Copy of no 459!. 2\ pp. [CO 137/23, ff 53~58d]

461 Governor Jonathan Belcher to Commissioners for Trade and Planta-
November 12 tions. This covers duplicate of mine of 24 October. The 27th of same

month I received your letter of 5 July last with the two addresses from

222 STATE PAPERS COLONIAL [462

the House of Lords and the two addresses from the House of Commons to HM of 18
June, and I have accordingly directed the proper officers in this government and that of
New Hampshire forthwith to prepare the accounts therein required, that I may transmit
them to you as soon as possible to be laid before the respective Houses of Parliament so
soon as they are completed. I shall not fail to forward them by the first good conveyance.
Signed. 15 small pp. Endorsed, Reed. 25 February, Read 27 February 1740. [CO 5/881, ff
182, i82d, 187,

462 Minutes of Trustees for Georgia. Resolved that the Act for appointing

November 14 anc [ regulating pilots in Georgia and laying duties be reconsidered by

Palace Court ^ TrusteeS- Rea j i etters f rom Co i Qglethorpe of 4 and 1 6 July and

from John Fallowfield. [no 301]. Read letter from Patrick Grant dated 14 July [no 280 of

1 5 July]. Sealed duplicate of grant of land to Rev John MacLeod. Entry. 2 pp. [CO 5/687,

PP i3

463 James Oglethorpe to Duke of Newcastle. I have not as yet in any

November 15 manner acted against the Spaniards but last night I received advice from

Amelia that the Spaniards landed there and murdered two unarmed

men of ours who were fetching wood. The garrison being alarmed made a sally, being

assisted by a boat that is on guard there. The Spaniards retired so fast that they could not

overtake them. Signed, i p. Endorsed, R, 12 March 1740. [CO 654, ff

464 Commissioners for Trade and Plantations to Committee of Privy
November 16 Council sending extract of letter from Governor Mathew of 2 1 October

1738 giving reasons for removing Thomas Pym from Council at Nevis.
Entry. Signatories, M Bladen, Arthur Croft, R Plumer. i p. [CO 153/16, pp 166-167]

465 Governor William Mathew to Commissioners for Trade and Planta-
November 16 tions sending four Acts passed in St Christopher's, minutes of Assem-

bly of Montserrat to 3 1 July 1739, and abstracts of births, marriages and
burials for two parishes in St Christopher's. The first of these Acts under the marshal's
care is much defaced and rat-eaten but I have a fair duplicate to send and I could not get
them sooner returned to transmit them. Signed. 2 small pp. Endorsed, Reed. 10 March,
Read 18 April 1740. Enclosed:

465 i Abstract from register of parish of St Thomas Middle Island, St Christ-
opher's, 30 October 1738 to 30 October 1739. Baptised, 27. Marriages, 6. Buried, 75.
NB. Of the 75 buried, 58 were between 5 November and 22 March. Signed, John
Merac, rector, i small p.

465 ii Same for parish of Trinity Palmetto Point, St Christopher's, for same
period. Baptised, 12. Marriages, 3. Buried, 26. Signed, as no 4651. i small p. [CO
152/23, ff 262-2656]

466 Minutes of Common Council of Georgia. Read report from committee
November 16 o f accounts on various sums claimed by Robert Williams for provisions
Palace Court am j serv i ces SU ppli e d in Georgia. Resolved that 88/25 u?d for damages

on account of protest in Georgia, 48/ 195 45^ for interest, and 155 6d for protest in
London, be disallowed. Resolved that 587/ 135 be paid to him, on security of Papillon
Ball, pending report of commissioners in Georgia. Other claims referred to commission-
ers. Read report from committee of accounts showing unapplied balance for 1738-1739 to
be 23 5 2/ 55 yd; resolved that the account be exhibited pursuant to charter and 100 copies

467] AMERICA AND WEST INDIES I/}9 223

printed. Ordered that jiol in sola bills returned by Gen Oglethorpe be cancelled and the
sum reimbursed to him, he having undertaken to defray with his own bills the expenses
for which those bills were sent. Ordered that all Gen Oglethorpe's letters and accounts
from 22 September 1738 to 20 June 1739 be referred to committee of accounts. Read
petition of Augustus Spangenberg; resolved that his town-lot and 50 acres in Savannah be
granted to Anthony Seyffart, elder of the Moravian Brethren, and his successors as elder.
Read petition of Samuel Auspurgur to have title to the land he obtained of Gen
Oglethorpe, ten years immunity from rents and taxes, and leave to keep black servants;
resolved to give him a grant of land under the usual conditions but not leave to keep
Negroes. On petition of Thomas Stephens, resolved to give him 5O/ for past services in
Georgia. Read petition of John Calwell to have his child brought from Cork to Frederica;
granted. Referred petitions of Sterling & Grant and of Rebecca Cheesewright to
committee of correspondence. Signed draft on the bank for I297/ 135. Entry. 85 pp. [CO
5/690, pp 258-266]

467 James Oglethorpe to Trustees for Georgia. The Spaniards have fallen

November 16 upon Amelia and killed two unarmed sick men; one of the scoutboats

T7 A

being there took the alarm and they and a party from the garrison
pursued the Spaniards very briskly. We have not so much as given the least provocation to
the Spaniards as yet but most manfully they surprised two poor sick men, cut off their
heads, mangled their bodies most barbarously, and as soon as a party and boat appeared
which together did not make their number they retired with the utmost precipitation. A
number of scoutboats are absolutely necessary. The men-of-war stationed at Charleston
cannot be here. Since Capt Burrish went away we have had no man-of-war except Capt
Fanshaw and he did not stay above eight or ten days. The launches from Augustine can
run into almost every inlet in the province, therefore it is absolutely necessary that the
Trustees should apply to Parliament for at least five ro-oared boats and a troop of rangers,
otherwise there will be no possibility of the people's going out to plant without being
murdered as those Highlanders were. The regiment can defend the parts they are in but
they cannot march on foot over the waters without boats nor overtake horse or Indians
on foot in the vast woods on the continent.

The French have attacked the Carolina Indians and the Spaniards have invaded us. I
wish it may not be resolved between them to root the English out of America. We here
are resolved to die hard and will not lose one inch of ground without fighting but we
cannot do impossibilities. We have no cannon from the King nor any others but some
small iron guns bought by the Trust. We have very little powder, we have no horse for
marching and very few boats and no fund for paying the men but of one boat. The
Spaniards have a number of launches, also horse and a fine train of artillery well-provided
with all stores. The best expedient I can think of is to strike first, and as our strength
consists in men and that the people of the colony as well as the soldiers handle their arms
well and are desirous of action, I think the best way is to make use of our strength and
beat them out of the field and destroy their plantations and outsettlements (in which the
Indians who are very faithful can assist us) and to form the siege of Augustine if I can get
artillery. It is impossible to keep this province or Carolina without either destroying
Augustine or keeping horse-rangers and scoutboats sufficient to restrain their nimble
parties. I must therefore again desire you would insist for our having an establishment of
four lo-oared boats to the southward and one at Savannah, a small train of artillery, some
gunners, and at least 400 barrels of cannon- and 100 barrels of musket-powder with
bullets proportionable. I am fortifying the town of Frederica and hope I shall be repaid
the expenses, from whom I do not know, yet I could not think of leaving a number of

224 STATE PAPERS COLONIAL [468

good houses and merchants' goods and, which was more valuable, the lives of men,
women and children in an open town at the mercy of every party and the inhabitants
obliged either to fly to a fort and leave their effects or suffer with them.

Mr Williamson, who was appointed to succeed Mr Christie in case the latter could
make up his records, had left his plantation and was removed to Charleston and settled as
a lawyer there before your letter arrived. On hearing that he was appointed recorder with
a salary he came back but did not bring his family with him and it was reported in the
town that he intended to act by deputy, which he denied to me but at the same time said
he would not bring up his family till after he was declared recorder and insisted that the
magistrates' employments ought to be held during good behaviour that the Trustees
might not turn them out precipitately. I found by his conversation that he was very much
of a lawyer and a much better attorney than the town of Savannah wants. He is likely to
have a good practice at Charleston where the people like him mightily and I believe it will
be much better for him to be encouraged there than to be buried at Savannah where the
whole town can hardly pay the charge of one chancery suit. Col Stephens thought that
according to your orders he could not deliver him his constitution till he had conformed
to them. All things are very quiet with the new magistrates and I believe will continue so
if the court remains as it is, but I believe any alterations would hurt unless it were the
changing Christie for Pye, a very industrious young man who writes an exceeding good
hand, is a pretty good scholar, very honest and sober, and is no attorney. Signed. 4 pp.
Endorsed, Reed. 10 March 1739/40. [CO 5/640, ff 4i5~4i6d]

468 Extract of letter from committee of Assembly of South Carolina to
November 17 Peregrine Fury, agent to said province. The lieut-governor last week

received an express from the Chickasaws that the French are arrived near their border
with 2000 men, French and Indians, who are to join from Montreal near Canada and New
Orleans near the mouth of the Mississippi River, and are hourly expected to fall upon the
Chickasaws, not consisting of above 500 fighting men who it is greatly feared will fall a
sacrifice to the enemy; and it is an inevitable consequence that if the French succeed, the
Creeks will follow or by joining the strongest side will be forced to fall on this province.
We shall not fail in a short time to lay before HM an humble representation of the present
unfortunate condition of this province and of the dangerous consequences we have just
reason to apprehend from the conquests which the French are continually making over
the Indians in alliance with this government, and from the open and secret attempts of the
Spaniards of St Augustine upon our slaves by which means (as we justly apprehend) many
of them have been incited to rise in rebellion against us with an expectation no doubt of
retiring thither after having perpetrated several barbarous murders upon HM's subjects of
this province, i p. [CO 5/388, ff 166-1676]

469 Lieut-Governor William Bull to Commissioners for Trade and Planta-
November 20 tions. This province has been lately visited with an epidemical fever

Charleston wri ich raged chiefly in Charleston and carried off great numbers of
people, amongst whom died Mr Chief Justice Wright, Maurice Lewis, judge of the
Vice-Admiralty and master in chancery, Mr Higginson, surveyor and comptroller of
HM's Customs, Mr Amyand, clerk of the Assembly, and Mr Strahan, register of the court
of Vice- Admiralty. The next Wednesday after the death of Mr Chief Justice Wright being
the day appointed by law to hold the sessions, I appointed Thomas Dale (one of the
assistant judges) to hold that court. But as the office of chief justice was a place of
importance, I thought proper to consult the Council in the filling up of that vacancy, who
were of opinion that Benjamin Whitaker was the most proper person, and he was

4/2] AMERICA AND WEST INDIES 1/39 "5

thereupon appointed by me till HM's pleasure is known; and I have also appointed
William Frewin to be judge of the Vice-Admiralty, Mr Alexander Cramahe master in
chancery, Mr Childermass Croft clerk of the Assembly, and Mr William Freeman register
in the court of Vice- Admiralty. The late chief justice's death having occasioned a vacancy
in HM's Council, I recommend Col Joseph Blake, a gentleman of great interest and
integrity and well qualified for that trust. He was one of the late Lords Proprietors and
empowered Gen Nicholson when he went from Carolina to make an offer of his eighth
part of this province to His late Majesty.

In my last I acquainted you that the French with some Indians were on their march
from Montreal against some Indians near the Mississippi who are at peace and have a
trade with HM's subjects. I have just received advice that those forces have taken
possession and built a fort on a branch of the Mississippi River, where they are to be
joined by other French and Indians from New Orleans. This fort is within four days
march of the Chickasaw Indians who are a brave people consisting of about five or six
hundred men. They withstood and defeated the French in two attacks about two or three
years ago but are now under a great apprehension of being destroyed by the great number
of their enemies, who are assembled so near them that they now think it unsafe to retreat
and are determined to wait the event in their own towns. Signed. z\ pp. Endorsed, Reed.
14 February, Read 15 February 1740. [CO 5/367, ff I44

470 President William Bull to Duke of Newcastle. Duplicate of no 469.

November 20 Signed. 2\ small pp. Endorsed, R, February. [CO 5/388, ff 187, i87d]
Charleston

471 Certificate by Governor Jonathan Belcher that Nicholas Gilman and
November 21 Moses Leavit are JPs in New Hampshire and that Elisha Edlin is

town-clerk of Exeter, New Hampshire. Copy, f p. Enclosed:

471 i Exeter, 17 November 1739. Affidavit, sworn before Nicholas Gilman and
Moses Leavit, by John Gilman, Peter Thing and John Hall, all of Exeter. Letter, dated
5 May 1739 and directed to Sir Charles Wager, was not written by them or any of
them. Governor Belcher ordered that Col Dunbar should be assisted in office for
preservation of white pines and has always behaved uprightly. Copy. 2\ pp.

471 ii Exeter, 17 November 1739. Certificate by Elisha Edlin, town-clerk, that
the name of neither George Gerrish nor Joseph Lord can be found in the town-
records. Copy. 2 p.

471 iii Exeter, 5 May 1739. Letter from John Gilman, Joseph Lord, George
Gerrish, Peter Thing and John Hall to Sir Charles Wager alleging that destruction of
white pines was encouraged by Governor Belcher. Copy. 3 pp. Annotated, The forged
letter to Sir C W.

471 iv Exeter, 17 November 1739. John Gilman, Peter Thing and John Hall to Sir
Charles Wager denying authorship of forged letter and facts there alleged. Sworn to,
before Nicholas Gilman and Moses Leavit on 17 November 1739. Copy. 3 pp. [CO
5/899, ff

472 Capt Temple West, captain of HMS Deal Castle, to Thomas Hill

[November 21] enclosing answers to queries. Signed. Annotated, 21 November 1739,
Reed, per post from Portsmouth, i small p. Endorsed, Reed. 21 November, Read 22
November 1739. Enclosed:

472 i The answers to the inquiries you were pleased to send me as follows.

The number of inhabitants settled at Canso, besides the troops, are nine or ten

226 STATE PAPERS COLONIAL [472

families who reside there constantly and in the summer season there are upwards of
seventy who come from different parts of New England and have houses, stages and
all other conveniences for their fishery. The former are chiefly labouring people who
provide materials in the winter season to make and repair the stages, etc for the latter,
and in the summer season they are aiding and assisting to them in curing and shipping
their fish. The sorts of vessels employed in the Canso fishery are schooners and
sloops, burthen from 15 to 45 tons, and come chiefly from New England, namely
Boston, Piscataway, Ipswich, Cape Ann, Newcastle, Gloucester, Portsmouth, Ply-
mouth, etc and they fish chiefly upon the halves which is the fishermen's part of their
labour, and the other part for the owners for the use of their vessels and all supplies.
The best of the fish is carried for sale to the different parts of Europe and the ordinary
refuge to the West Indies; that which goes to the West Indies is carried in some of the
largest of the fishery vessels and that which goes to Europe is carried in ships who are
fitted some from Old England and some from New. The people mentioned in the first
article who reside in Canso the summer season for the carrying on the fishery are
possessed of all conveniences for the same as in Newfoundland and hold said
possessions by virtue of patents from the government, each man his lot according to
the business he carries on. And the fish are cured with sun and salt as in
Newfoundland. The inhabitants have their houses and enclosures distant from the
fishery. The inhabitants are concerned in the fishery and are employed by them as in
the first article, by which means they subsist their families. The manner of curing of
fish is much after the manner of curing of hay and it takes 10 hogsheads of salt to each
100 quintals of fish.

The state of the fishery at Cape Breton is very large and their strength very great.
They load at least 50 ships in a year of 100 tons one with the other. They catch their
fish part in shallops as in Newfoundland and parts in schooners and sloops as in
Canso and employ about 3000 men in the summer season, about half of which come
from France in the spring and return in the fall; those that remain in the winter are
employed in fishing almost the whole time, in which they have generally great success
and are able thereby to send ships to market much earlier than we.

The officers do not concern themselves in the fishery nor the disposal of beaches,
stage or flakes. The soldiers in case of necessity assist the fishermen to cure their fish.
Signed, T West. 2 pp.

472 ii State of cod fishery at Canso in 1739.

Vessels From Men Tons Quintals of Whither

Names Whence Fish Made Bound

(Schooners)

Marlebrough Boston 4 30 400 )

Abigail Piscataway 5 30 500 ) To the

) several

Squirell Ipswich 5 20 500 ) parts

) they

Stephen Piscataway 5 30 500 ) come

) from

Mary gold Ipswich 5 20 450 ) in New

) England
Molly Cape Ann 4 20 400 )

Two Brothers Gloucester 5 1 5 400 )

47*]

AMERICA AND WEST INDIES 1/39 2.2

Friendship

Plymouth

;

400

To the
several

Sea Horse
Wheelwright

Cape Ann
Ipswich

5
5

20
25

300 )
400 )

parts
they
come
from

Canqo
Friendship

Piscataway
Boston

5
4

45 )
500 )

in New
England

Abigail

Piscataway

400 )

Abigail

Piscataway

400 )

Speedwell

Portsmouth

45 )

Seaflower

Cape Ann

400 )

Transport

Ipswich

400 )

Dolphin

Ipswich

400 .)

Charming Molly

Ipswich

45 )

Fish Hook

Piscataway

600 )

Tryall

Portsmouth

500 )

Delight

Newcastle

500 )

Margrit

Newcastle

450 )

Sarah

Piscataway

400 )

Olivebranch

Boston

500 )

Francis

Cape Ann

45 )

Seaflower

Ipswich

500 )

Endeavour

Newcastle

500 )

Unis

Portsmouth

300 )

Flying Horse

Ipswich

400 )

Two Brothers

Falmouth

500 )

Ann

Piscataway

500 )

Neptune

Portsmouth

400 )

To the
several

Willing Maid
Endeavour

Plymouth
Portsmouth

400 )
400 )

parts
they
come
from

Flying Fish
Jolly Robbin

Portsmouth
Piscataway

5
5

45 )

700 )

in New
England

Speedwell

Boston

400 )

228

STATE PAPERS COLONIAL [47

Grayhound

Ipswich

;

500 )

Dove

Ipswich

400 )

Swallow

Portsmouth

400 )

George & Sarah

Newcastle

45 )

Goodintent
Tryall
Goodintent
Mary & Ralph
Thomas

Ipswich
Portsmouth
Ipswich
Boston
Gloucester

5
5
6

7
4

3
3
3
45
18

500 )

45 )
500 )
650 )
35 )

To the
several
parts
they
come
from
in New
England

Speedwell

Marblehead

400 )

(Sloops)

)

Endeavour

Cape Ann

300 )

Dolphin

Cape Ann

260 )

TOTALS

126

1252

22160

Sack Ships lading

at Canso in 1739

Ships
Names

From
Whence

Men

Tons

Whither
Bound

Quintals
Shipped

Etherell

London

1 20

England

2500

Pegasus

London

IOO

England

1800

Peter

Boston

120

Boston

1800

Prosperous

Boston

1400

Sarum

London

IOO

England

2500

St Thomas

Southampton

130

England

2500

Tagus

Cadiz

130

England

2500

Molly

Cork

Lisbon

1400

Providence

Plymouth

130

Lisbon

1500

TOTALS

956

17900

2\ pp. [CO 217/8

, ff 5^-5/d]

473 Return of the commissioners of review in the dispute between Connec-

[November 21] t i cut an j t h e Mohegan Indians. With further evidence and proceeding
thereon in May and June 1738. Copy. 90 pp. Annotated, Reed. 21 November 1739 from
John Sharpe and then laid before the Board. [CO 5/1269, ff 74-123]

4/9] AMERICA AND WEST INDIES 1739 22 9

474 Governor Jonathan Belcher to Duke of Newcastle. [In substance same
November 22 as no 434 ] Signed. j\ small pp. [CO 5/899, ff 381-384^

Boston

475 Thomas Causton to Trustees for Georgia. Necessity obliges me to lay
November 22 before you a petition wherein I have endeavoured to set forth the nature

Savannah Q ^^ em pi ov wn ich your service demanded of me with an abstract of
the reasons for those expenses which attended it. Gen Oglethorpe having particularly
desired and declared that nothing else was wanted of me but such accounts as would show
reasons for the expense from the time he last left the colony to the time of his last arrival,
an abstract of such accounts is (only) laid before you. I beg leave to acquaint you that the
several sums therein mentioned to be the supposed value or amount of the respective
articles are not supposed because the books do not show it; but contrariwise those
accounts are also drawn together and remain with the other accounts in the custody of
those whom you have commissioned to examine them, and by reason (only) that my
access to them is denied those sums cannot (now) be known by me neither is it in my
power to proceed further without your orders. As no just reason can be assigned for so
extraordinary a proceeding or to refuse my being present at any examination of them, I
submit to you how far it demonstrates a design either to prevent the present knowledge of
those particulars to you whereby reports to my prejudice may have greater weight or that
they are sensible such reasons are so just as to invalidate those pretended crimes which
have been already laid to my charge. As I imagine it of the greatest moment that the
reasons for such expenses should be fully known, as well from the beginning as at the end,
I shall always with the most exact duty and readiness attend your commands, hoping that
no secret means (which calumny or envy may have raised to divest me of your favour and
protection) will be suffered to succeed. Signed. 12 small pp. Endorsed, Reed. 20 March
1739/40. [CO 5/640, ff 4 1 7-4 1 8d]

476 Order of Committee of Council for Plantation Affairs referring six
November 23 Acts passed in Pennsylvania on 19 May 1739 to Commissioners for

Trade and Plantations for examination and report. Seal. Signed,
J Vernon. 12 pp. Endorsed, Reed. 29 November, Read 5 December 1739. [CO 5/1269, ff
128, i28d, 131,

477 Same referring the enclosed to Commissioners for Trade and Planta-

November 23 t i ons f or report. Seal. Signed, J Vernon. f p. Endorsed, Reed., Read 29
Whitehall November 1739. Enclosed:

477 i Return of commissioners of review upon dispute between Connecticut and
the Mohegan Indians. The commission finds that Ben Uncas is chief sachem of the
Mohegans. Copy. Signatories, as no 330. 3 pp. [CO 5/1269, ff I2

478 Commissioners for Trade and Plantations to Committee of Privy

November 23 Council. We have no maps of Virginia or neighbouring colonies of 1686

Whitehall Qr ear u er w herein the Fairfax claims may be described. Entry. Signator-

ies, Monson, M Bladen, E Ashe, R Herbert, R Plumer, J Brudenell. i p. [CO 5/1366, p

328; draft in CO 5/1335, ff i8i-i8iA dorse]

479 William Stephens to Harman Verelst. Whilst I was earnestly providing

November 25 materials for a packet to the Trustees wherein I might in some measure

\V7l " U 1 1

perform what I had in view for their better information in sundry
matters, I received a packet per express from the general in the south with various

230 STATE PAPERS COLONIAL [480

dispatches which he left to my care to forward to Carolina; and well knowing of how
great consequence his letters at all times may be supposed I cannot miss the first
opportunity of so doing without regard to any convenience of my own in sending what I
had to offer in company with it. But having my journal ready I would not omit putting
that at least under cover, presuming some things in it may be judged worthy the
consideration of the board, and I shall give myself little rest till I fulfil as I purposed with
all speed what is to follow, which possibly may overtake this yet at Charleston or
however be but little behind it. Then I shall take due notice of the several directions I
received in the letters of 14 and 16 July by Capt Thomson the very next day after date of
mine to you, which was 6 October and which I hope you will receive. Since that time we
hear of no ships yet arrived from England but I hope we may shortly now the season is
come that usually brings them, when I shall also wish for letters from my son, four
months being near passed since he went hence; and as he left me with assurance of
returning I have no reason to doubt it nor your kind countenance and aid in promoting it,
whom in many instances I stand so much obliged to. You will look on what I now write
to be in a hurry; my next shall not be so. Signed. \ p. Addressed, Endorsed, Reed. 18
March 1739/40. [CO 5/640, ff 419,

480 Governor Jonathan Belcher to Commissioners for Trade and Planta-

November 26 tions. Last night I received your letter of 7 September in answer to five
of mine to 23 January last. As a great part of your letter consists of
things in a manner done with I shall waive any reply on those heads. I am glad mine of 1 1
May 1737 to Mr Popple was so much to your satisfaction. I am sorry with you that the
Assemblies here have so little regard to their fortifications (such as they are) which are so
absolutely necessary to their own security. I must plainly tell you that in case of a war the
town of Boston would be an easy prey to a small force and the rest of the seaports of the
province are still more naked. My judgment about the Indians, 29 August 1738, proved
right and they still remain quiet according to advices I have received this day from the
eastern frontiers; but in case of a French war I expect no other than that the Indians will
soon come to a rupture with this and the neighbouring provinces. The state of the paper
currency transmitted you last year was as full and short as I could make it. I have the
honour to be entirely with you in your report to HM on the 6oooo/ bill, but when I
communicated the report to the present Assembly here you find by their journals they
would think no more about it, and according to the best judgment I can make of this
Assembly they have no desire of emitting any paper currency under a fixed value. By this
conveyance the House of Representatives send home one of their members (Mr
Christopher Kilby) still to go on to dispute HM's i6th instruction, and unless they can
have it disannulled they seem resolved to starve the governor and all the officers of the
government, to pay no public debts, to support no government, nor to defend the
province. This, I say, seems to be the language of their present proceedings. I thankfully
own your justice to me in ordering me a copy of the petition of John North Esq and
others residing in the eastern parts of this province containing several complaints against
me. This copy I lately received from my agent, Mr Partridge, and you may depend I will
lose no time in making a full answer to it. And in order to make it the more complete I
have this day sent a man to George's River where the most of these people live to bring
me some things necessary to set forth my innocence in what they complain of; and as it's
near 200 miles to St George's from hence I don't expect a return of what I have desired in
less than 14 or 20 days, and by the first ship after that I shall send forward my answer. As
the Assembly of this province meets 5th of next month I shall communicate to them what
you acquaint me with, which you had received from Mr Clarke, lieut-governor of New

483] AMERICA AND WEST INDIES 1739 2 3 J

York, and in the meantime I must inform you that great pains have been taken by this
province with that of New York to have the boundaries settled between them, but I never
could find New York show any real disposition to have it done. In this article I shall be
more particular in a little time. Signed. 6\ small pp. Endorsed, Reed. 25 February, Read 27
February 1740. [CO 5/882, ff i83~i86d]

481 Commissioners for Trade and Plantations to Committee of Privy
November 27 Council. Pursuant to Order of 9th inst we have considered the petition

Whitehall Q j onn Yeamans, Thomas Butler and Richard Coope, agents for
Antigua, Nevis and St Christopher's, praying for stores of war. We have been attended by
Gen Dalziel, colonel of the regiment of foot now doing duty in those islands, and by Col
Morrice, lieut-colonel of the said regiment, who is lately arrived from thence, as also by
the agents. In discoursing with Gen Dalziel and Col Morrice in relation to the quantity as
well as the quality of the stores requested, these gentlemen were of the opinion that the
said stores were all of them necessary in the present juncture for the defence and security
of those islands; that the number of field-pieces prayed for with a proper proportion of
everything thereunto belonging would be greatly wanted in case of an attack from any
enemy; and as to their calibre they conceived that field-pieces from ii-pounder to
2-pounders would be more useful than larger pieces of ordnance. We observed that in the
former application to HM upon this subject the number of field-pieces prayed for was
only twenty but those now desired are thirty-two; upon which the agents informed us
that none of those was designed for Montserrat, to which island they now propose to
send a certain proportion. As to the powder prayed for, we must acquaint you that there
is an Act in force in the Leeward Islands which obliges every vessel that comes there to
leave a certain quantity of powder for supplying the magazines, notwithstanding which
the said agents have assured us there is not a sufficient quantity for the present exigency
and therefore they hope HM will grant their request in the present extraordinary
juncture. As to the smallarms, we must observe to you that, though the country is obliged
to furnish each of the militia with one firelock, it may be necessary in the present posture
of affairs that there should be a store of arms to supply any loss that may happen in
service. And although we have generally been of opinion that the smallarms and powder
ought to be paid for by the respective colonies, yet we apprehend in the present situation
of affairs in America that HM may be pleased to indulge the petitioners in their request.
Entry. Signatories, Monson, M Bladen, A Croft, R Plumer, R Herbert. 3 pp. [CO 153/16,
ff 85~86d (pagination defective)]

482 Thomas Hill to Charles Carkesse requesting reply to letter of 24
November 28 January last regarding Bermuda. Entry, f p. [CO 38/8, pp 309-310]

483 Lieut-Governor William Bull to Duke of Newcastle. This province
November 28 having felt the good effects of HM's favour by the assistance of your

f* '1 /"*V K

Council <^nam :r p Ower f u l intercession in obtaining so complete a set of ordnance and
smallarms for the defence of Carolina, the Council and Assembly are
desirous by the first opportunity to show their gratitude and return their unfeigned
thanks to HM in a most dutiful address which they have desired me to forward. The
favour and regard which you was pleased to show for the welfare of Carolina when I
applied to you in behalf of this province for obtaining this ordnance has encouraged me
on this occasion to beg that you will continue your patronage and at a proper time to lay
before HM the humble address of thanks herewith sent to our agent Mr Fury. Signed. i
small pp. Endorsed, Reed. 12 March. Enclosed:

232 STATE PAPERS COLONIAL [484

483 i Address of thanks to the King by Council and Assembly of South Carolina,
27 November 1739. Signed, (for the Council) A Skene, (for the Assembly) C
Pinckney, speaker, i p. [CO 5/388, ff i68-i69d]

484 Minutes of Common Council of Georgia. On report of committee of
November 28 accounts concerning further proposals of Robert Williams, who had

waived some of his claims, resolved to pay him 6jl 1 35 6\d in addition
to the 587/ 135 already paid him. Read report of committee of accounts upon the account
sent over by Gen Oglethorpe which is made out with great exactness and in a satisfactory
manner. The committee made observations concerning several matters with which the
general is to be acquainted. Resolved to agree to this report and to pay nSyl us $\dto the
general's order. Signed drafts on the bank for I357/ 45 nd and 12897 115 ^\d. The
accountant reported two other drafts on the bank since 1 1 June last for 3OO/ and 5OO/.
Entry. j\ pp. [CO 5/690, pp 267-274]

485 Lieut-Governor George Clarke to Duke of Newcastle enclosing pap-
November 30 ers> I did a ll t na t W as possible to bring the Assembly to give a revenue

New York U p O n a general appropriation but the precedent that Governor Morris
gave in Jersey was too strong for me and I was obliged to give way to necessity, for the
people were on the point of growing clamorous for that and for the continuance of the
paper money. However, I have got the Assembly to put the province in a posture of
self-defence and have laid I think a sure foundation for a general harmony, which in case
of a rupture with France is absolutely necessary as this is a frontier province that covers
from Canada the western colonies. Signed. i small pp. Endorsed, R, February. Enclosed:

485 i New York, 30 November 1738. Same to Commissioners for Trade and
Plantations. Signed. Copy of no 486. 3 pp.

48 5 ii Council of New York to Lieut-Governor Clarke. Copy of no 486i. 14 large
pp.

48 5 iii Speech of Lieut-Governor Clarke to General Assembly of New York, 3
October 1739. Printed, i p.

48 5 iv Undated letter from [commissioners for Indian affairs to Lieut-Governor
Clarke]. We have at last received an answer to the message we sent by four Mohawk
Indians to the commanding officer at Crown Point the 1 1 th July last about the French
settling on the south side of the lake between Crown Point and the carrying place,
which is as follows and was given them by the governor of Canada. That the King of
France claims all the land south, north and east lying on all the rivers and creeks that
empty themselves towards Canada, even to the carrying place and the lake of St
Sacrament, and that he will not suffer the English to make any settlements upon any of
those lands; but that if they should attempt to do it he (the governor of Canada)
would hinder it. Upon which he gave a belt of wampum as a token in presence of his
Indians and ours; but, notwithstanding, he would give all his right to the foremen-
tioned land from Crown Point to the carrying place to our Mohawks and his own
Indians as a deed of gift to make use of it for a hunting place for them and their
posterity, and at the same time assured them that no French should settle there. Copy.
i p. Annotated, Reed. 3 November 1739, G C [CO 5/1094, ff ii7~i22d]

486 Lieut-Governor George Clarke to Commissions for Trade and Planta-
November 30 tions. On i7th of this month I adjourned the Assembly to the second

Tuesday in April next. I flattered myself that upon the strength of your
letter of 6 February last I should be able to bring them to give a revenue for a competent

486] AMERICA AND WEST INDIES 1739 2 33

number of years upon a general appropriation and without a particular application of it.
To that end I bent all my endeavours and used all possible means to bring them to it but
all in vain. They remained inflexible and seemed resolved to run all risks rather than give
in to it; they knew the country were unanimous in the same sentiments and from thence
they were assured of their elections on a new choice. In this confidence they went on and
I prorogued them for a few days hoping they might somehow or other change their
minds; but this had no effect, they persuaded themselves from the strong appearances of
an open rupture with Spain and France that instead of dissolving them I would lay hold of
their present sitting to put the province in a posture of defence. This consideration
wrought strongly upon me and made me cast off all thoughts of a dissolution, fearing
likewise that new elections might revive old animosities and beget new ones at a time
when the greatest unanimity would be absolutely necessary; besides they were fortified in
their resolutions of applying the revenue from a recent example in the adjoining province,
Mr Morris the governor of New Jersey having last winter (after I had dissolved the
Assembly of this province for attempting it) given his assent to the Revenue Bill whereby
the money was particularly applied. However I would do nothing rashly and therefore
advised with the Council upon it who were unanimously of opinion that considering the
present circumstances of affairs it was by no means proper for me at this time to dissolve
the Assembly but rather to comply with them in letting 'em apply the money they give
for the support of government and to give the paper money a further continuance, as you
may perceive by the enclosed copy of their opinion which they gave me in writing. Being
thus reduced to the necessity of giving way to the Assembly I got them to make provision
for fortifying the province, to wit to finish the battery in this town, to build a new fort in
the Mohawks country and another at Saratoga, our most advanced settlements towards
the fort which the French have built at Crown Point, and ioo/ to be applied in the
purchase of a piece of ground at Tierondequat in the Senecas country that we may thereby
get footing there and keep the French from possessing themselves of it, a thing which I
have long aimed at but could never till now get the Assembly to give any money for it. All
these things are highly necessary at all times as this is a frontier province but more
especially at this time when a rupture with France is mentioned in the newspapers as a
thing we are to expect. I hope for your favourable construction of what I have done. If I
have departed from my former resolutions I beg you to consider that the necessity of the
times, the defenceless condition of the province, and the bad example mentioned have
compelled me to it.

By two vessels I lately sent you an account of the stores as they were in 1737 whereby
it will appear that we were then destitute of everything but great guns and I fear that upon
trial they will be found to be unfit for service being very old and much honeycombed. At
present there is not one carriage or set of wheels that can be called good nor has there been
an ounce of powder in the fort since I have had the government but what I have bought
with my own money to fire on public days. This province has never bought any powder
but has always been furnished with it from home. We have a great many muskets but
almost all unserviceable which lie ready to be sent home upon the first order, hoping they
may be exchanged for new ones. But I will not give you any further trouble about
particulars since our wants will fully appear by the account mentioned and I hope you
will make such a representation thereof as from thence we may be fully supplied. Capt
Farmer who carries this and Capt Bryant who is soon to follow him have viewed our
guns, carriages and stores, and can give you an account of the wretched condition they are
in, from whence you will I hope represent likewise the necessity of our being supplied
very speedily. When I sent you an account of the stores I likewise represented the
necessity of presents for the Six Nations of Indians to which I refer, hoping by the first

234 STATE PAPERS COLONIAL [487

ship to receive them. I have likewise got this session an Act for the better regulating the
militia who are all to arm and furnish themselves with ammunition and I am giving
directions to have them more duly exercised than they have been. I have lately received
from the commissioners of Indian affairs the governor of Canada's answer to the
Mohawks whom I sent to Crown Point to forbid the French settling any lands on this
side of the lake, which you will see in the enclosed paper no 2. If the French king's claim
be allowed he will take in great part of the Six Nations and of other nations of Indians
depending on the crown of England and lying on the back of all our colonies, for his claim
is not confined to the springhead of Wood Creek but extends itself to the springheads of
all the rivers that lead into any of the lakes that disembogue themselves into the river St
Lawrence. Signed. ^\ pp. Endorsed, Reed. 18 February, Read 20 February 1740. Enclosed:
486 i Council of New York to Lieut-Governor Clarke advising against dissolu-
tion of Assembly. 12 pp.

486 ii 3 October 1739. Speech of Lieut-Governor Clarke to Assembly of New
York proroguing it to 9 October. Printed, i p.

486 iii Undated letter from [commissioners of Indian affairs] to Lieut- Governor
Clarke. Copy, of no 485^. i p. [CO 5/1059, ff 123-127; covering letter and no 486!
slightly damaged]

487 Deputy Governor George Thomas to Commissioners for Trade and
December 1 Plantations. Your letter of 5 July with enclosures did not arrive until
Philadelphia beginning of last month, and then immediately I summoned the

representatives of the province to meet me in Assembly, who having prepared the several
accounts required I have herewith transmitted them to you. There is now current in the
Three Counties of Newcastle, Kent and Sussex upon Delaware about 1 8ooo/ created and
issued by different laws before I came to the government, but as I have not been able to
procure the particulars from the offices there I cannot send them by this opportunity but
shall not fail of doing it by the next. Signed, i p. Endorsed, Reed., Read 5 March 1740.
Enclosed:

487 i Philadelphia, 23 November 1739. Account of Acts passed in Pennsylvania
for creating or issuing bills of credit. In 1723 two Acts were passed for creating the
first bills of credit by which 45ooo/ was issued, and for the effectual discharging or
sinking the said bills it was therein provided and enacted that a real estate in fee simple
of double the value the sums lent out should be secured in an office created for that
purpose and that the sums so lent out should be annually repaid into the office in such
equal sums or quotas as would effectually sink the whole capital sum of 45ooo/ within
the time limited by the foresaid Acts; which sum being computed in silver as it was
then received and paid among us and reduced to sterling money of Great Britain
amounts to 290901 135 A,d. But in 1726 the sum of 61 io/ 55, part of the capital sum of
45,ooo/, by virtue of the two aforesaid Acts being totally sunk and destroyed, the
province found themselves greatly straitened by means thereof and likely to become
subject to many disappointments and losses for want of a sufficient medium in trade if
the remaining quotas of payments should continue to be sunk according to the
direction of the Acts. Therefore an Act was then passed for continuing the remaining
sum of38889/i55 for and during the term of eight years by re-emitting or lending out
again the quotas or sums to be paid in by the respective borrowers on the same
securities and provisions as were directed by the former Acts. The bills of credit
emitted in 1723 being thus reduced by the sinking the aforesaid sum, and the
inhabitants of the province growing exceeding numerous through the importation of
foreigners and others settling among us, by which means the trade became greatly

488] AMERICA AND WEST INDIES 1739 2 35

enlarged, the difficulties still increased and the province found themselves under the
necessity of making an addition to those bills of credit; and accordingly in 1729 the
further sum of 3oooo/ was then created and issued upon the same security of real
estates in fee simple to be mortgaged in double the value of the sum lent, and to be
paid in by yearly quotas and sunk and destroyed as the former Acts passed in 1723 had
provided and directed in the like case. In 173 1 the Acts for issuing bills of credit passed
in 1723 being near expired and the annual quotas remaining due on the said Acts by
virtue thereof being at this time to be sunk and destroyed, which would unavoidably
have involved the merchants as well as farmers in new difficulties and laid the province
under a necessity of making new Acts of Assembly for emitting more bills of credit in
lieu thereof, an Act was then passed for continuing the value and currency of those
bills for the term of eight years by lending out the same as they became due, with the
same provisions and on the same real securities provided for and directed by the
former Acts.

The amount of the bills of credit in the present year 1739 by virtue of the several
aforesaid Acts amounting only to 688S9/ i js, from the daily increase of the inhabitants
and the continued importation of foreigners among us, being found by experience to
fall short of a proper medium for regulating our commerce and for the support of
government, an Act was passed for creating and issuing a further sum of 1 1 1 io/ 55 and
for continuing the whole amount of our bills of credit for a short term of years under
the same real securities and with the same provisions and limitations as directed by the
former Acts; by means of which additional sum the whole amount of bills of credit
current in this province is at this time Soooo/, which sum being computed in silver as
now purchased here and reduced to sterling money of Great Britain makes 501 <)6l. Yet
notwithstanding merchants and others have given some advance to purchase gold and
silver, we are assured from experience that that difference arises only from the balance
of our trade with Great Britain being in our disfavour by means of the far greater
quantities of English goods imported into this province since the creating and issuing
our bills of credit, for the adventurers advancing the prices of their commodities, and
encouraged by meeting with a ready sale, became great gainers whilst wheat, flour and
all the valuable produce of the province continued at or near the usual prices and are at
this time to be purchased with our bills of credit as low or lower than has been almost
ever known when gold and silver was the medium of our trade; and all tradesmen,
hired servants and other labourers have always been and are still paid at the same rates
and no more for their labour than they formerly received before the creating or issuing
our bills of credit. 2 pp.

487 ii Philadelphia, 23 November 1739. Account of several rates of gold and
silver coin. From 1700 to 1709 gold was received and paid at jl per oz and silver at 95
id per oz. From 1709 to 1720 gold was received and paid at 5/ IDS per oz and silver at
6s io%d per oz. From 1720 to 1723 gold was received and paid at 5/ los per oz and
silver coin was purchased with gold at 75 $d per oz. From 1723 to 1726 gold was
purchased and sold at 61 6s 6d per oz and silver at 85 $d per oz. From 1726 to 1730 gold
was purchased at 6l 35 yd and silver at 8s id. From 1730 to 1738 gold was purchased
and sold at 6l 95 }d and silver at 8s yd per oz. And now in 1739 gold is purchased and
sold at 6/ 95 $d by the oz and silver at 85 6d per oz. i p. [CO 5/1269, ff

488 Theophilus Hetherington to Trustees for Georgia. Grand jury here by a

December 1 majority presented William Pope for possessing King's stores and

trying to sell them to Capt Caleb Davis. Mr Jones as third magistrate

declined to proceed with case. Debt owed in England is acknowledged but, having

236 STATE PAPERS COLONIAL [489

married Roger Lacey's widow, Hetherington is owed large sums on that account, Lacey
having performed extensive services to the colony. Signed. 2 pp. Addressed. Endorsed,
Reed. 20 March 1739/40. Enclosed-.

488 i Affidavit, sworn at Savannah on 21 October 1739, before Thomas Christie,
recorder, by William Smith, carpenter on snow Diligence, concerning alleged
possession by William Pope of a quantity of nails belonging to the King at Port Royal
in March last. Copy, certified by Thomas Christie, i p. Endorsed, as covering letter.
[CO 5/640, ff 42o~422d]

489 Governor Edward Trelawny to Duke of Newcastle. I cannot help being
December 2 uneasy when anything relating to HM's service in which I am obliged

to act is of a doubtful nature so that I may be wrong either way. Of this
nature has been the case of Don Pedro Elizagarate, the officer of orders to the general of
the galleons, who I acquainted you in my letter of 20 September was taken off Cartagena
and brought in hither. But I have determined, since I may err either way, to err on the
generous side, the more so as I represent HM who I persuade myself would that I should
do so. I therefore gave him leave to depart yesterday with a vessel which I hired for him
and to take with him his boat's crew and five other Spanish sailors that came with letters
from the English factory. I wrote to the general of the galleons and to the governor of
Cartagena, copies of which letters are enclosed. I am in hopes this will induce the Spanish
governors to suffer the South Sea factors and those Englishmen that were in their country
before the rupture and detained since to return home; at least it will take from them the
pretence they would otherwise have to detain and treat them ill, which the South Sea
factors of Cartagena in particular seem apprehensive of in their letter to me on this
occasion, copy of which waits upon you enclosed. I could not suffer this gentleman to go
before Vice-Admiral Vernon's arrival here lest he might acquaint the general of the
galleons with the small force of shipping we had for our defence, Commodore Brown
being gone with all but his three smallest vessels to cruise off Havana; and it might have
been of prejudice likewise to send him before Mr Vernon's expedition to Porto Bello
should be over. But as I every day expect the admiral's return, which he told me he should
do in a month or five weeks, and as I have obliged Don Pedro not to enter Cartagena till
the 1 5th of this month, I think he can tell nothing there of the disposition of our ships or
of Mr Vernon's future designs, which we know nothing of ourselves here. I have heard in
conversation (so that I cannot put any weight upon it though it has had an influence on
my determination) that in the late war Sir John Jennings's boat having by mistake gone on
board the French admiral's ship that had Dutch colours off Port Mahon, the officer and
men were returned directly, but the boat being to the liking of the admiral he detained it
with some French apology and compliment; but that His Most Christian Majesty
disapproved of his keeping the boat as much as he approved of his dismissing the men. I
think the case is in point and I hope we shall never be inferior to the French or any nation
in generosity any more than in true bravery. Signed. 35 pp. Endorsed, R, 26 March.
Enclosed:

489 i Jamaica, 29 November 1739. Governor Trelawny to Don Bias de Leso. I
have sent back to you, as soon as it was consistent with my duty towards the King my
master, Don Pedro de Elizagarate and the persons belonging to his boat, as also a
relation of his taken in another place that he has desired me might accompany him, as
also seven subjects of His Catholic Majesty who came hither in a vessel from
Cartagena before you had news of hostilities between the two Crowns. I flatter myself
that Don Pedro and the other 27 persons which go with him will inform you that they
have been treated with all humanity and courtesy and that you will likewise treat all

489] AMERICA AND WEST INDIES 1739 2 37

subjects of the King my master that shall fall into your hands in the same manner. In
answer to your letters of 24 June and 8 July last I must observe that you are mistaken
in thinking that it appears by the papers of the sloop Benjamin that I gave any licence
for it to traffic either on the coasts of the dominions of His Catholic Majesty or at any
other place. My only business is to give or deny ships liberty to depart from this
island. They declare not before me but to the Custom-house officers to what place
they are bound, of which it concerns not me to take cognizance. I hope you will send
hither by this opportunity all the subjects of the King my master that are in your
power and who were in His Catholic Majesty's dominions before the late rupture. I
have given orders to the commander of the sloop who carries this to you to receive
such and no others but such as shall be delivered to him by your order and that of the
governor of Cartagena. Copy. i\ pp.

489 ii Cartagena, 30 September 1739. James Ord and John Gray, factors of the
South Sea Company, to Governor Trelawny. We find ourselves necessitated to
trouble you with a second letter in which as in our former we must beg your
protection and assistance. You are no doubt informed of Capt Stapylton's coming
upon this coast in order to participate to us the advice of a rupture with Spain, which
he did by putting a person on shore privately the ioth inst in the night. The next day
his ship lay off this city and Don Bias de Lezo, judging him to be a vessel either with
Negroes or provisions and his not coming in to be owing to his want of a pilot, sent
his own boat off to give him assistance, and a letter from us wrote before we had
received any advice what he was, desiring the captain to deliver the officer what
packets he had for us as a sure way to have the first notice in case of any novelty
between Spain and England, and of consequence to be able to make the necessary
prevention. Capt Stapylton, on the boat's going on board him, detained her and
carried her off with the officer and men. This made such an alarm here that the
factory, company's effects, and our own, were forthwith embargoed and we confined
prisoners to the city; and we fear the same will be practised at Panama and Porto Bello
where we believe the effects are very considerable. This action of Capt Stapylton's has
given us infinite concern, for the only person we could depend upon for protection
was Don Bias de Leso and he has given us so many instances of his goodwill that we
could not doubt, not only in our public but in our private capacity. When Capt
Burgess in the Dragon was cast away on the Salmadina, he sent boats and above 1 20 of
his own men at the risk of their lives to his assistance. When Capt Sword in the
Beecher run aground, he gave such timely assistance that she was got off without any
damage, and had she stayed any time might have been dashed to pieces. We have many
other instances of his generous behaviour to us as private persons, and as servants to
the company many more. It was entirely owing to him that during the suspension of
the Negro trade last year there was no embargo put on this factory nor on the factories
of Porto Bello and Panama when all the rest were treated in a most rigorous and cruel
manner. At our request, to serve the company and us, he very generously lent us a
pilot and six sailors to dispatch a sloop for Jamaica which we hope you have permitted
to return, for otherwise we shall be looked upon here as men without honour whose
words are not to be depended upon. We cannot but say that all these favours done to
the nation have met as yet with a very bad return: the English arms can receive no
honour from taking a boat and twenty defenceless men, much less any advantage, and
we as well as the other factors shall pay for this who have no blame. We leave this to
your good sense to determine whether we ought not to be considered in these
circumstances and whether some regard ought not to be had to our sufferings, besides
the breach of politeness which ought to be preserved even in time of war; and where

238 STATE PAPERS COLONIAL [490

one commander sends a civil message to another we believe there is no instance of
detaining the messenger. We beg you will protect us in this emergency and prevail
with the commander to return the boat and men. It will be of great service to us in
particular and to the company and nation in general. Copy. 32 pp.

489 iii Jamaica, 29 November 1739. Governor Trelawny to Governor of Car-
tagena ackowledging good intentions and offices mentioned in letter of 24 June last
with regard to sending back the crew of the sloop Benjamin which was wrecked. I
hope you will have sufficient motives by this occasion to continue in your good
dispositions and that you will send hither by the sloop Endeavour, Capt William
Leith, all the subjects of the King my master which are in your power and were in His
Catholic Majesty's dominions before the late rupture, and that you will treat those
which shall fall into your hands in the same manner as I have treated the subjects of
His Catholic Majesty who I send back herewith and design to treat those that remain
and may hereafter be in the same condition. Copy. \\ pp. [CO 137/56, ff

490 Thomas Christie to Trustees for Georgia. I return you thanks for the
December 2 honour you have done me in nominating me first bailiff in the room of

Savannah ^j r j-j enrv p ar k er removed from that office, as likewise for the
commission in examining the public accounts and issuing the cash; but it is with a good
deal of concern I have seen few of your orders take place in this colony. Neither Mr Jones
nor Mr Stephens have thought fit to consult me upon one or the other. I am at this time
very ill, and to point out to you the reason for such their behaviour I must beg leave to
defer it to a few days longer at which time I hope to transmit to you a full and ample
account of such transactions as I am persuaded will surprise you. Mr Fallowfield and Mr
Jones have been sworn in bailiffs according to your directions. Mr Fallowfield appears to
be very agreeable to the people's inclinations but Mr Jones's behaviour seems to be [so]
brutal and arbitrary that it appears shocking to the people. An instance of one part of his
irregular practice [I] have referred to Mr Theophilus Hetherington (then foreman of the
grand jury) to represent to you, wherein one Pope was presented for converting to his
own use naval stores, the said Mr Jones acting very partially therein. I have not been
admitted to take my place as first bailiff but Mr Parker is continued, notwithstanding his
being dismissed by you. I have now made up the records and Col Stephens will transmit
you a letter from me with the records very soon. I have been a long time harassed with
sickness, beg you will excuse me till am able to enlarge. Signed, i p. Addressed. Endorsed,
Reed. 20 March 1739/40. [CO 5/640, ff 423-424]

491 Lieut-Governor George Clarke to Commissioners for Trade and
December 3 Plantations acknowledging letter of 5 July with resolves of Lords and

New York Commons for address to HM concerning rates of gold and silver coins
in the plantations and paper money issued in them. Account of both enclosed, hoping
they will fully answer your expectations for I have nothing more at heart than to acquit
myself of my duty to you whereby I humbly presume to hope for your protection.
Signed. i\ small pp. Endorsed, Reed. 18 February, Read 19 February 1740. Enclosed:

491 i Account of value of money in New York in 1700, 1710, 1720, 1730 and
1739. In 1739 silver sold at 95 %d per oz and pistoles passed at i/ 85. 2 small p.

49 1 ii Account of what bills of credit have from time to time been emitted in New
York pursuant to the several Acts of the General Assembly and how much of the said
bills have been sunk, 1709-1737.

AMERICA AND WEST INDIES 1/39

239

4<DOO/

4Ooo/

IOOOO/

Year Issued

1709
1709
1709
1711
1714

6ooo7
i66o7/

1723 21407

1724 66307

1734 120007
1737 4835 '

Total subsisting in
2 large pp. [CO

Cancelled

4S26/ 155
399O/ i os
39087 6s
90307 185

726}! 175 1
mo67 155 6d } ]

58767 55

5377/ 6s
59i8/ 55 8

Subsisting
in 1739

I73/ 155

145
2s
9309/ 175 6t7

123/155
53I4/ 8s id

17847 35^7

3573/ 1 6s 30567 45

I2OOO7

483507

1739: 797537 155 jd or in sterling 469127 45 <)\d
5/1059, ff ii6-n8d, i2o-i22d]

Value in
Sterling
of Issue

333 3 7 6s8<7
26667 135 ^d
26661 135 4*7
66667 135 4<7
173007

375'
103797 75 6d

12967 195 4*7

4Oi87 3$ 7<7

72727 14$ 6(7

284417 35 7*7

Exchange
at Issue

50 per cent
50 per cent
50 per cent
50 per cent
60 per cent

60 per cent
60 per cent

65 percent
65 per cent
65 percent
70 per cent

492 President John Howell to Duke of Newcastle. The chief command of

December 4 these islands having, as I acquainted you by letter of 8 August 1738,
New Providence d evo l vec j U p O n me as eldest Councillor makes me presume to inform
you that three days since a privateer fitted out from Rhode Island brought into this port
the goods, plate and money apprehended and taken out of three small Spanish boats upon
the coast of Cuba, and therewith several packets and letters among which were the
enclosed English, French and four Spanish that contained anything could be of advantage
to HM's service or worthy your notice. And upon this occasion I take leave to represent
to you that our little fortification is very much decayed, the gun-carriages quite rotten and
the soldiers' barracks in so ruinous a condition that they have scarce any shelter from the
inclemency of the weather. I put our militia in array, ordered the guns in the fort and
under the curtains to be mounted in the best manner we could, others to be raised on an
unfinished battery which was intended to guard the east entrance to the harbour, and
guards of the militia to be regularly kept, so that we are under no apprehensions from our
neighbours of Cuba who, we are informed, are penned up everywhere by HM's light
frigates of war and privateers from Jamaica and the northern colonies. I beg you will
represent our wants to HM. A report brought hither from New England that the galleons
were arrived at Port Andero in Biscay made me imagine the paragraph relating to them in
the enclosed letters would be no displeasing news. Signed. 15 pp. Enclosed:

492 i Translation of part of no 492ix. 2 p.

'In treasurer's hands in 1739 awaiting cancellation.

240 STATE PAPERS COLONIAL [493

492 ii Translation of part of no 49ivii. 5 p.

492 iii Translation of part of no 492x. \ p.

492 iv Translation of part of no 492viii. \\ pp.

492 v Leogane, 21 November 1739. Governor L'Arnage to Mons Beloquin
acknowledging letter which will be forwarded tomorrow with packet for court of
Spain from the governor of Cuba. French. Signed. 2 small pp, Endorsed, (?by
President Howell) M L'Arnage is general of Hispaniola but I can't learn who M
Beloquin is, the direction of this letter being torn off before it came to my hands.

492 vi Porto Bello, 28 September 1739. Francis Humphreys to Anthony
Weltden, South Sea Company's factor at Havana. Armada of Peru, consisting of two
men-of-war and five merchant ships, arrived at Perico on 3 1 July. Rupture between
Spain and England is apprehended. The general of the galleys is not expected to move
from Cartagena until advice comes from Spain. Signed. 3 pp.

492 vii Panama, 13 September 1739. Diego de Toledo y Gridino to Joseph de
Torres y Toledo. Peru fleet has been here since last day of July. The galleons are not to
go to Porto Bello until advice comes from Spain. God give us good success with so
heavy a fleet. Spanish. Signed, i p.

492 viii Porto Bello, 28 September 1739. Domingo Lopes de Aviles to Fr Joseph
de Aviles at Havana. The Lima trade is at Panama but the galleons do not stir. Spanish.
Signed. 3 pp.

492 ix Porto Bello, 27 September 1739. John Fernandes de Cordova to John de
la Barrera, royal officer at Havana. The galleons are at a stand and will not proceed to
the fair until advice comes from Spain. Spanish. Signed. i\ pp.

492 x Cartagena, 27 September 1739. John Fernandes de Cordova to his wife in
Havana. War is expected. Galleons will not proceed to the fair until advice comes
from Spain. Spanish. Signed, i p. [CO 23/14, ff 3i

493 Commissioners for Trade and Plantations to Committee of Privy
December 5 Council. Pursuant to order of 9 November we find that in 1701 there

was an independent company of foot in Bermuda but what number it
consisted of and when sent does not appear. We do not find that any other forces were
sent there during the wars of King William and Queen Anne. Entry. Signatories, Monson,
M Bladen, J Brudenell, E Ashe, A Croft. i\ pp. [CO 38/8, pp 310-311]

494 Thomas Hill to Francis Fane sending six Acts passed in Pennsylvania in
December 5 May last for opinion in point of law. Titles stated. Entry. i pp. [CO

5/1294, pp 124-125]

495 Minutes of Trustees for Georgia. Read Col Oglethorpe's letter of 5
December 6 September; resolved to send copy thereof to Duke of Newcastle and to

e ^ ourt represent the need of an instruction to lieut-governor of South Carolina
to recommend the passing of a law relating to trade with Indians while Gen Oglethorpe
continues in Georgia. Approved letters to Gen Oglethorpe and Mr Stephens. Entry, i p.
[CO 5/687, p 140]

496 Benjamin Martyn to Duke of Newcastle sending copy of letter dated 5
December 5 September last received by the Trustees for Georgia from Gen

f~* ' (~*\(

Oglethorpe. The Trustees acquaint you that HM having given his royal
instruction dated 21 July 1738 to Governor Samuel Horsey to recommend it to the
Council and Assembly of South Carolina to prepare a law for settling the trade carried on

49/] AMERICA AND WEST INDIES 1739 241

by South Carolina and Georgia with the Indians on such a footing as may be for the
mutual benefit and satisfaction of both provinces, and that the Trustees, having received a
like instruction from HM, did by the next opportunity, viz 25 August 1738 send a copy
thereof to Gen Oglethorpe and recommended it to him to concert proper measures with
the lieut-governor, Council and Assembly of South Carolina for preserving the peace
with the Indians by licencing fit persons under the like reasonable securities and
instructions for regulating their trade with the Indians in both provinces, and appointing
proper persons for settling the boundaries of each province and the nations of Indians
within each boundary, and the computing the number of traders against the number of
Indians in both provinces in order to settle the nations of Indians which one licenced
trader can supply and the nations of Indians which require more traders than one to
supply them, and that for the mutual benefit and satisfaction of both provinces one half of
the said traders should be licenced by the commissioners for South Carolina and the other
half by the commissioners for Georgia, which instruction by reason of the death of
Samuel Horsey and the delay of a new governor's going over has not yet been carried into
execution. The Trustees therefore on this occasion represent to you that they apprehend it
of the greatest consequence for preserving the Indians in the interest of Great Britain that
the said instruction, in the absence of the governor, be immediately sent to the
lieut-governor of South Carolina to recommend to the Council and Assembly there to
prepare such a law while Gen Oglethorpe continues in America, for whom the Indians
have the highest esteem, that no time may be lost in providing such law as may make the
Indians easy in relation to the trade carried on with them in both the provinces of South
Carolina and Georgia. Signed. 22 pp. Enclosed:

496 i Fort Augusta, 5 September 1739. Gen James Oglethorpe to Harman
Verelst. Copy of no 372. f p. [CO 5/654, ff 2 3 8-24 id; entry of covering letter in CO
5/667, pp 292-293]

497 Benjamin Martyn to James Oglethorpe by HMS Colchester, Capt
December 5 Symonds, and by Mary & Mariane, Capt John Campbell, for North

Georgia Office c aro l ma . The Trustees acknowledge receipt of your letter dated 4 July
last and are much pleased to find that the resolutions of Parliament and the steps which
they have taken have preserved the colony (which is here represented as almost
abandoned) and thereby covered all the trade of North America from the Spanish
guardacostas. When you have fixed your regulations relating to the prices of provisions
and necessaries with the merchants and sutlers they desire you will acquaint them
therewith and do the same as often as occasion shall be found to make alterations therein,
for they doubt not but there will be an increase of private stores when the colony shall be
better settled than it is at present and consequently provisions may fall in their price. The
Trustees are equally sensible with you that there must be a steady and regular manner of
acting in Georgia which all centres in every man's exercising faithfully the powers given
and not exceeding them, more especially in not exceeding the estimate sent over or
misapplying the sums appropriated to each particular service, which the Trustees expect
their officers and commissioners appointed to make the disbursements will be punctual in
as they shall be answerable for any neglect or disobedience, and if any of them be found
faulty they desire to be informed wherein and to know their names, that a course may be
taken with them by the Trustees. As you have charged the magistrates with divers
offences in your letter the Trustees desire you will inform them who they are, whether
those of Frederica or Savannah or of Savannah alone, which of them have been so faulty,
and whether it is upon your own certain knowledge or only by report of others.

The Trustees are very sorry to observe that paragraph in your letter which mentions

2^2. STATE PAPERS COLONIAL [497

the people's frequently striving to deny any authority in you which they attribute to the
factious humour of those who would have liberty to sell their lands, keep Negroes and
indulge themselves in rum, which things you having with vigour declared against in
maintenance of the laws and constitution of the province, it is no wonder that such
persons should endeavour to make it believed you act without proper authority. But they
hope that the wiser part of them, who know you neither can nor would exceed the power
given you by the Trustees and are obedient to you in the execution of those powers, will
be followed and that none for the future be so hardy as to transgress on that head; for in
so doing it is not only you but the whole body of their governors they offend against and
the Trustees will support the powers that stem [MS: shem] from themselves. The Trustees
very much approve the magistrates' conduct at Frederica relating to the trying offences
against the Rum Act at petty sessions as justices of the peace and they will direct the same
rule to be observed at Savannah; but in all cases of property there can be a trial in no other
manner than by juries. The Trustees are of opinion that before anything can be done to
push on improvements to any great effect care should be taken to encourage the
inhabitants to raise their own provisions; and the greater encouragement would be to let
them have good land if it is to be had in the province, for the Trustees believe the greatest
encouragement to the inhabitants of Pennsylvania is that the province consists of good
land. The Trustees will therefore send their instructions to their surveyor upon that head.
The Trustees agree with you that it was of great consequence to hear what complaints
the Indians might have to make and to use the necessary means for the preserving them in
the interest of Great Britain. They have just received your letter dated 5 September last
from Fort Augusta and are very much pleased with your recovery from your fever and
with the success you have met with among the Indians in preventing any ill effects which
might have arisen from their misunderstandings with the Carolina traders. They would be
very glad to have as full and particular an account of your transactions with them as you
can send in order to guide them in their future grants. They desire you will be so kind as
to transmit them by the first opportunity the original act of the Indians' cession of lands,
reserving in Georgia an authentic copy of the act, or if it may be improper to send the
original that you will send them an authentic copy of the same. The Trustees referred
your account of disbursements made by Francis Moore to a committee of accounts who
have examined it and made a report thereupon to the Common Council who agreed
thereto and have ordered me to send you a copy of the reports, which is herewith
enclosed. The Trustees observe your thoughts relating to the tenure of lands in Georgia
and do believe that those who made most noise about their lands were those who took no
care of making use of them, being discouraged from it for want of some change. The
matter was long under consideration, occasioned frequent meetings, employed all the
gentlemen of the law, and had the approbation of all the Trustees present, likewise of the
absent who were consulted by letter thereupon. Your letter by Mr Auspurgur dated 16
July last the Trustees have received, together with the silk; and on observing that
paragraph which mentions the not deciding clearly in the act relating to the Indians had
given insolence to the Carolina traders, the Trustees looked back into their minutes and
letters to you in August 1738 and have sent you herewith another copy thereof. But I
should be glad to know if you received the first copy and letters, and if anything hindered
your proceeding to what they therein so earnestly recommended for the preventing such
behaviour in the traders with the Indians. They think it will be very necessary for the
carrying on the Trust affairs in Georgia that you would acknowledge the receipt of their
letters as soon as they come to hand. PS. I have enclosed herewith a copy of the Trustees'
letter to the Duke of Newcastle for his instructions to the lieut-governor of South
Carolina relating to the trade with the Indians. Entry. 25 pp. [CO 5/667, pp 294-296]

50l] AMERICA AND WEST INDIES 1/39 243

498 Benjamin Martyn to William Stephens. The Trustees have received
December 5 your journal to 7 September last and your letter to Mr Verelst dated 10

Georgia Office September. They are glad to find that the disposition they have made
relating to the tenure of lands has had a proper effect on the people by encouraging them
to proceed in an heartier manner in the cultivation of their lands, which the Trustees have
always had so much at heart and which is the best recommendation of them to the
Trustees. The Trustees are sorry to find there is so much difficulty in carrying the Rum
Act into execution, and as they are determined to make it effectual they will speedily
consider of the best means. At present they think the right method will be that which is
carried on at Frederica, trying offences against the Act at petty sessions without juries by
the magistrates as justices of the peace in a summary way. The Trustees are pleased to see
that so good an harmony subsists between you and Mr Jones and have no doubt from
your temper and understanding but it will remain as it will be very conducive to the
preserving a peace in the colony, especially at this critical juncture. They are pleased with
the resolution which you say appears in the people, who may depend upon everything
which the Trustees can do for the safety of the province. The Trustees have given your
son 5O/ for his past services and intend to give you 25 / per annum more for a clerk which
your son will be entitled to on his going over, which he informs the Trustees today will be
very soon. Entry. \ p. [CO 5/667, p 293]

499 Harman Verelst to William Stephens. The Trustees have sent you some
December 5 stationery ware and are sorry the last proved bad; they hope this will be

Georgia Office b etter Robert Williams having attended with demands besides the
certified account of $8jl 135, copies thereof are sent for examination showing balance in
his favour of 2jl 1 35 6%d plus an allowance claimed for twelve months for inspecting work
on the public roads. Entry, i p. [CO 5/667, pp 296-297]

500 Commissioners for Trade and Plantations to Committee of Privy
December 6 Council. Pursuant to order of 29 August regarding address of Council

and Assembly of Bermuda for a supply of stores to Bermuda, we send
copies of accounts of all stores sent by the Board of Ordnance between 1660 and 1696.
We have no record of any more stores sent there until 1738 when the governor obtained
an order for fifty barrels of powder and some match and cartridge paper, though by a
paper received from Mr Noden, agent, it appears that thirty-five iron guns were ordered
there in 1701. We have questioned Mr Dinwiddie, surveyor-general of Customs for the
northern district of America and one of the committee to survey the fortifications and
batteries in Bermuda, who assured us that the committee's report was just and that the
inhabitants are willing to provide at their own expense two new batteries and platforms
on the south side of the island provided HM supplies the ordnance. Considering the
importance of Bermuda to our navigation we are of opinion the petitioners should be
indulged in their request so far as relates to great guns and appurtenances. Entry.
Signatories, Monson, M Bladen, E Ashe, J Brudenell, A Croft. 35 pp. [CO 38/8, pp
3^-315]

501 Governor Lewis Morris to Commissioners for Trade and Plantations
December 6 acknowledging letter of 5 July with copies of addresses from Houses of

l erth Amboy Lords and Commons relating to paper money in America. Upon which
I summoned a Council to make the inquiries directed but could not get above three of
them together sooner than a few days since when with much ado and the expense of
expresses I got eight of them together and then I laid the addresses before them and

244 STATE PAPERS COLONIAL [502

yesterday the committee to whom that matter was referred made the enclosed report. I
am told the ships go in this day or two (if not gone already) and I send this by express to
New York that (if possible) it may reach them and come timely enough to you. Signed, i
small p. Endorsed, Rec. 18 February, Read 19 February 1740. Enclosed:

501 i 4 December 1739. Report of committee of Council of New Jersey presented
by John Hamilton, setting forth history of bills of credit in the colony since first
issued in 1709 for the expenses of the Canada expedition. At present there is 6oooo/ in
bills subsisting and passing in payment, having been lent out on mortgage. Exchange
between sterling and these bills in 1714 was at 5O/ per cent advance and has since
gradually risen to 65 / and now to jol. Until 1715 Spanish and French pistoles were
current and were bought and sold for 265 in paper bills, Spanish pieces of eight for 85
an ounce. From 171 5 to the present time pistoles have gradually risen to 285 and pieces
of eight to 95 an ounce. Signed, John Hamilton. 22 pp. [CO 5/973, ff 138-14^]

502 Francis Fane to Commissioners for Trade and Plantations reporting no
December 7 objection in point of law to eight Acts passed in Pennsylvania in 1735.

Signed. ii pp. Endorsed, Reed. 7 December, Read n December 1739. [CO 5/1269, ff

503 Lieut-Governor George Clarke to Commissioners for Trade and
December 7 Plantations reporting state of Council in New York. The Councillors
New York are fa es e: Mr Colden, Mr Van Home, Mr Kennedy, Mr Livingston, Mr

DeLancey, Mr Cortlandt, Mr Lane, Mr Horsmanden and Mr George Clarke jnr. I do not
mention Mr Van Dam and Mr Alexander, you having about four years ago represented
them as unfit to be continued nor for that reason do I summon them to Council. Mr
Colden lives about 60 miles from this town and Mr Livingston at Albany 150 miles from
hence so that they cannot regularly attend unless at the sitting of the Assembly and then
they attend pretty punctually. Mr Kennedy, Mr DeLancey, Mr Cortlandt, Mr Lane and
Mr Horsmanden live in town and attend duly. Mr Clarke is in England and although Mr
Van Home lives in town I cannot get him to attend either when the Assembly sits or at
other times. So that if either of the five members whom I have mentioned to attend duly
should be ill or called out of town on business there is not a sufficient number to make a
Council to do the ordinary business though upon extraordinary occasions I may act with
three. Mr Van Home's pretence for not attending when he is summoned (which is
constantly done) is that he is ill though it's well known that he goes frequently abroad
upon other occasions and even at some times when he is summoned to Council. I have
hitherto in tenderness to him forbore to mention this to you but I dare not any longer
delay to obey your commands. If you should judge it necessary that he should be
removed I beg to recommend to you Mr Richard Bradley, the attorney-general, to be
appointed in his room : he lives in town and will give a punctual attendance which will be
some ease and satisfaction to the other gentlemen who live likewise in town. Signed. PS.
The Acts of Assembly are engrossing. I will send them to you as soon as they are finished.
3 small pp. Endorsed, Reed. 18 February, Read 20 February 1740. [CO 5/1059, ff
128-129^

504 William Hopton to Harman Verelst acknowledging letter of 14 Septem-
December 7 ber and letters and packet for forwarding. Those for Capt Newman and
Charleston Midshipman Chetwynd Furzer are returned, they having sailed for

England last October. Packet and letters received from Georgia for forwarding go by
Endeavour, Capt Alexander Hope. Gen Oglethorpe has reported two men killed at Fort

508] AMERICA AND WEST INDIES IJ39 245

Amelia and a third carried away alive, supposed by Florida Indians. This province is now
healthy and quiet and not much afraid of the Spaniards. Signed, i p. Endorsed, Reed. 18
March 1739/40. [CO 5/640, ff 42

505 President John Adams to Commissioners for Trade and Plantations. By

December 8 the surprising and melancholy death of Lieut-Governor Armstrong,
Annapohs Royal being at this time president of the Council I judged it my duty to
convene the members thereof to consider our present state and that of the province, by
whose advice, while I continue in this station, I shall always be directed for the good of
HM's service and from time to time advise you of all occurrences. It hath been observed
that Governor Armstrong has been for a long time frequently afflicted with melancholy
fits, the consequence of which none ever suspected till they found him dead on Thursday
6th instant; on whose body, Major Cosby, the lieut-governor of the garrison, having
ordered the officers to sit, they brought in their verdict lunacy, having found five wounds
in his breast and his sword lying carelessly by him in his bed, which misfortune we
heartily condole. And as the state of Canso as well as of this other part of the province
hath been so frequently represented and [is] so well known to Maj-Gen Philipps, our
governor, I need only remind you that that place with the four companies there must
inevitably fall a sacrifice (in case of a war) to the enemy. Signed. 2 small pp. Endorsed,
Reed. 28 April, Read 29 April 1740. Enclosed:

505 i Minutes of meeting of Council of Nova Scotia on 7 December 1739. Copy.
Signed, John Adams, William Shirreff, secretary, if pp. [CO 217/8, ff 6o-63d]

506 Minutes of Common Council of Georgia. Resolved that additional 2$l
December 8 be allowed to William Stephens for a clerk. Resolved, on report of Mr

15 11 \yf 11

Stephens, that certified accounts for 732/ 155 yd to David Provost, for
345/ 195 }d to same, and for 22i/ 85 to Thomas Ware, were unexceptionable and should be
paid. Signed draft on the bank for I3OO/. Entry. 15 pp. [CO 5/690, pp 275-276]

507 President John Adams to Commissioners for Trade and Plantations.
December 10 Having wrote to you the 8th instant and that vessel being still here, I

Annapohs Royal t h ou g nt f t mv duty further to add that, as to the present state of the
province, we may be said to enjoy a profound peace. But in case of a war with France this
fort of Annapolis Royal is in no condition of defence, the troops being few in number and
most of them raw and undisciplined and some amongst them it is thought are Irish
Papists. The ramparts are in some places propped up to keep them from falling into the
fossee and the engineer it is said has orders not to repair them. It is therefore my opinion,
without a seasonable reinforcement from Britain or of these companies so much exposed
at Canso, this province will become an easy conquest to the enemy to the great detriment
of the British trade and almost the ruin of that of North America. All which, having since
my last reflected on, I judged it incumbent on me to represent the same to your
consideration. Signed. \k small pp. Endorsed, no endorsement but received and read with
letter of 8 December. [CO 217/8, ff 64,

508 Temple Stanyan to Thomas Hill requesting attendance of some of the

December 11 Commissioners for Trade and Plantations on luh inst when the

/"* "1 /"\

Committee of Council will consider the report on Lord Fairfax's claim
to lands in Virginia. Signed, i small p. Endorsed, Reed., Read 12 December 1739. [CO
5/1324, ff 179, i79d, 182, i82d]

246 STATE PAPERS COLONIAL [509

509 Commissioners for Trade and Plantations to Committee of Privy
December 12 Council. We have considered eight Acts passed in Pennsylvania in 1735.

Titles states. No objection, they relating only to the private economy of
the province. Entry. Signatories, Monson, J Brudenell, A Croft, R Plumer. if pp. [CO
5/1294, pp 125-127]

510 Josiah Willard to Thomas Hill. By the London, Capt Richardson, I
December 12 have sent you the public papers out of my office for half year ending

August last, viz minutes of Council from beginning of March to end of
August, minutes of Assembly for the sessions held in April and May, and Acts (certified
under the seal of the province) passed in the said May session, there having been none
passed in the April session. Advise receipt. Signed. % small p. Endorsed, Reed., Read 27
March 1740. [CO 5/881, ff 246, 246d, 249,

511 Minutes of Trustees for Georgia. Agreed to letter to William Stephens
December 12 relating to 5O-acre lots in Savannah and adjacent villages. Thomas

Stephens attended and delivered a memorial which was read. Entry. \ p.
[CO 5/687, p 141]

512 Harman Verelst to William Stephens by Carolina, Packet, Capt Sum-
December 12 messet. The Trustees, being desirous of making the people easy in every

eorgia u ce p Omt wru ' cn they can consistently with the welfare of the province, have
taken into serious consideration the complaints made by some of them of the badness of
their lands either in part or in the whole; and as they are willing every man should have a
complete 5O-acre lot of good land they have determined that an experienced surveyor
shall be engaged to take an account as soon as possible of what land has been surveyed for
any of the inhabitants of the town of Savannah and the adjacent villages and to deliver the
account to you and Mr Jones to be attested by you and transmitted to the Trustees, and
likewise to take an account how much of the surveyed lots has been cleared, fenced and
cultivated by any of the possessors, and where any neglect appears he is to set down the
reasons alleged by these for such neglect; but this examinations, the Trustees think proper
should be taken before you and Mr Jones. If any of the people allege that their chief
subsistence depends upon any manual trade exercised by them in the town the Trustees
direct that you should inquire what they have to offer against their surrendering their
4 5 -acre lots and upon what consideration; and if they say that they are desirous to
cultivate their lots but are discouraged by the distance at which they lie from the town,
then the Trustees would know what encouragement they stand in need of to settle upon
their 4 5 -acre lot. The Trustees likewise desire to know what lots are in the hands of
widows and orphans, how they are managed, and what pan of them is cultivated, and
likewise they want an account of what lots are deserted and by whom. As you see the
intention of the Trustees is to put every man in possession of a lot of 50 acres of good land
by giving so much of what is good in addition to what shall appear to be bad, of which
bad land the Trustees desire to know the quantity in each lot so as there may be allotted to
each man so much good land as will make up the same equal to 50 acres of good land; and
they also desire to know what good lands lie near thereto either in lots forfeited to the
Trust or reserved for them to grant. They therefore desire that you and Mr Jones will find
out a proper person for a surveyor for these purposes either in Georgia or in Carolina
upon the following terms. For as long as he shall abide in Savannah to be ready to survey
as he shall be called upon by you and Mr Jones he is to be allowed for himself 35 a day and
is to have two men to assist him in the survey when wanted at is a day each and provisions

514] AMERICA AND WEST INDIES 1739 247

for each of the hired men. These two will be sufficient with the help of the person for
whom the land is to be surveyed and who must undoubtedly think it his own interest to
attend and assist in the survey. And you are desired to send a particular account of the
whole work for the Trustees' consideration as soon as may be.

As the Trustees believe the most proper and expeditious way of clearing, fencing and
cultivating as yet unfenced and uncultivated [lands], and those to be run out, must be joint
labour, they desire you will inquire whether the people are willing to undertake it in this
manner which must be for their own interest. Those who are willing may do it under the
direction of the surveyor and upon proper days appointed by him, and to avoid
uneasiness by preference being given to any they think the order in which it shall be
determined should be by ballot. The Trustees are of opinion that the best fences to every
plantation will be ditches, especially as good drains may be made into these from the
lands; and on the tops of the ditches to plant the prickly pear or the royal palmetto. The
Trustees are informed by Mr Auspurger that there are great numbers of prickly pear in
the southern pan of the province and that it is the best fence against any sort of cattle as
the leaf of it has such sharp thorns upon it that it's found the cattle will not offend it. And
this tree will be of great use to the planter as it is the only one on which the cochineal fly
will feed, which Mr Auspurgur has seen and killed in the province and found to be the
true one. Every man there must be sensible of the great value of cochineal and the
advantage it will be of to him. As the Trustees are impatient to see the people engaged in
earnest about raising such products as will be of great and immediate benefit to
themselves, and as it is obvious to common sense and is confessed by those who have been
most engaged in it that nothing can be raised so soon as silk, they hope the people will be
no longer blind to their own interest but set themselves heartily to work in planting their
mulberry trees and likewise their vines: for which perhaps the following method (as it is
practised in Lombardy) may be the best. Round every field in a plantation two or three
rows of mulberry trees should be planted at a small distance from each other, and the
vines planted so as they may run up the bodies of the mulberry trees and intermix
themselves with their branches, and the extremities drawn out from tree to tree to hang in
festoons between them. Besides the festoons the vine branches may be extended right and
left and fastened to a row of stakes on each side running parallel to the trees which will
form a sort of penthouse made by the vine branches and make a constant arbour in the
summer; and in the middle the corn may be raised. Entry. ^\ pp. [CO 5/667, pp 297-299]

513 Commissioners for Trade and Plantations to Duke of Newcastle

December 13 sending copy of letter giving an account of French and Spanish designs.
Signed, Monson, Edward Ashe, R Plumer. \ p. Enclosed:

513 i Charleston, 5 October 1739. Lieut-Governor William Bull to Commission-
ers for Trade and Plantations. Copy of no 404. 5$ pp. [CO 5/384, ff 65-7^; entry of
covering letter in CO 5/402, p 14]

514 Considerations delivered to Commissioners for Trade and Plantations,
[December 13] received from Mr Paris, on Act prepared by Trustees for Georgia for

regulating pilots, laying duty on shipping, and laying another duty on shipping for repair
of beacon on Tybee Island. The Act proposes to lay three several different duties upon
ships and vessels, of (at least), yd, \\d and i\d per ton in sterling money, but does not
seem to contain an equal contract or equal terms between the Trustees and ships going to
trade there. It has no one property or quality of a public Act, for no man can possibly tell
by it what duties or how much he is liable to pay, but that is to depend upon orders and
directions of the Common Council of which he can have no notice or knowledge; nor can

248 STATE PAPERS COLONIAL [515

tell what are the duties and services that are to be performed by any pilot or other officer;
nor can possibly have under the Act any adequate penalty against any officer who
neglects his duty to the owner's ruin; nor has it in his power to show what was the
officer's duty in order to prove that he had neglected that duty; nor is there any matter
obligatory upon the Trustees to be done or performed on their parts in consideration of
all those duties; and seems to be, under the name and form of an Act to be approved by
the Crown, really a grant of further powers (in some sort indefinite) to the Trustees or
their Common Council. If any Act at all be necessary or reasonable for any of the
purposes supposed to be intended, it's submitted whether the same ought not to be
conceived, in form and substance both, in terms very different from the Act at present
under your consideration. 4^ pp. Endorsed, Reed, from Mr Paris. Reed., 13 December
1739, Read 31 January 1740. [CO 5/367, ff

515 Martin Bladen to Lord Harrington. Enclosed you have my thoughts

December 14 upon the assistance that may be expected from the British colonies on
the continent of America towards any expedition against the Spanish West Indies. I have
never heard of more than three expeditions of that sort where the commands of the
Crown had any part: one in King William's time against the French islands and two in
Queen Anne's against Nova Scotia and Canada. I find no copies in our office of any
orders sent to the governors upon these subjects but beyond all doubt orders were sent by
the late queen upon the two last expeditions to the respective governors of the northern
colonies to join their forces to her regular troops and be assisting on those occasions; and
by some transactions in the expedition to Nova Scotia I collect that they were ordered to
act therein as they should be directed by Col Nicholson who then commanded the
queen's forces. And to give them their due they did most heartily concur in both these
expeditions: the first succeeded and the last miscarried. Your commands should have been
better executed if you had given me longer warning but as it is I have turned over all the
books in our office and some out of it that have reference to these matters; and if any
farther information be wanting be pleased to let me have your orders by Mr Weston, for I
was very ill all yesterday and this morning shall be blooded so soon as I have signed this
letter. Yet if it should be absolutely necessary for your service I will venture out in the
evening. Signed. 3 small pp. Enclosed:

515 i Some memorandums relative to the troops intended to be raised on the
continent of North America. 1

By the present drafts of instructions for the governors they are directed to provide
victuals, transports, and all other necessaries for the forces to be raised in their
respective provinces except their tents, arms, ammunition, clothes and pay, till their
arrival at the general rendezvous in the West Indies; and this was done by the colonies
in the last war. But I find by a private instruction to my lord Shannon, when it was
intended that he should have commanded the expedition against Canada, he was
empowered to provide victuals and transports for the American troops if the colonies
made any difficulties of doing it. It is therefore submitted whether such a discretion-
ary power should not be lodged with Col Spotswood, not to be made use of but on
real occasion.

The place of rendezvous for the American troops upon their own continent as well
as the care of their embarkation should be left to Col Spotswood and it may likewise

'This document, which appears to be in Bladen's handwriting, may or may not be an enclosure to this
covering letter. The endorsement suggests a later date but no more appropriate parent-document has been
found.

515] AMERICA AND WEST INDIES 1739 2 49

be necessary that he should fix a reasonable day with the respective governors for the
completing of their levies.

Lieut-colonels and majors in full pay as such, and as captains also because they can
have no companies, should be sent from hence to command the several corps to be
raised in America. Suppose 'em in all events to make four regiments whatever their
numbers may be, four lieut-colonels and as many majors will be wanting. There are
many old captains, who either through pique or necessity have been obliged to quit
the service, that would probably be glad to engage with new feathers in their caps
upon this expedition, of which my lord Cathcart will be the best judge. It will likewise
be necessary to send forty old soldiers from hence with commissions of lieutenants,
and if there be not companies enough to employ 'em Mr Spotswood may be directed
to make 'em adjutants, quartermasters and lieutenants en second till vacancies happen.
Good surgeons are very scarce in America and medicines more so. It would be highly
necessary therefore that they should be sent from hence.

Tents, bell-tents, drums, arms, ammunition and clothing for the American troops
should meet 'em at the rendezvous in the West Indies on supposition that they may be
4000 men, though no more need be delivered at the rendezvous than the real numbers
require.

Orders should likewise be sent without loss of time to Col Philipps's regiment in
Nova Scotia and to the four independent companies at New York to furnish these
troops with a draft of 160 private men, old soldiers, to serve as sergeants and
corporals. I believe Philipps's regiment consists of ten companies on the low
establishment. The four independent companies should be 100 men each but I am
afraid they are both of 'em very far from being complete. However, the number of
men demanded may be equally divided between Philipps's regiment and the four
independent companies, though much the better way if it could be come at would be
to send drafts from England for that purpose.

The posting all the staff and field-officers to be left to Mr Spotswood as
colonel-general of the American troops.

It is to be presumed that some of the American companies may fall short of their
number and it may become necessary to incorporate one company with another to
make them equal in their numbers. But that should not be done in their own country
for fear of desertion but may be left to Lord Cathcart's discretion after their arrival at
the general rendezvous in the West Indies.

It may be for HM's service that the field-officers as well as the lieutenants for the
American corps should be sent thither as soon as possible and blank commissions for
the rest of the officers to be filled up by the governors ; that orders should forthwith be
given for completing all the regular troops in America and the West Indies to their
proper establishment.

The sugar islands may certainly afford some assistance towards this expedition. Q.
Whether Col Morrice should not be empowered to pick up volunteers at Barbados
and the Virgin Islands? Copy of the governors' instructions to be sent to Col
Spotswood but not of his to the governors because of the article about transport and
provisions.

Upon recollection I believe it will be absolutely necesary to send over a
considerable sum of money to North America for the payment of these troops. I find
that 6ooo/ was put on board by Mr Hill upon the expedition to Canada only for a
small refreshment for the regular troops under his command, and whilst he was at
Boston he drew for a further sum but had great difficulty in fixing the exchange
between sterling and their paper money: that difficulty is since much more increased

250 STATE PAPERS COLONIAL [516

by reason of the great variety of value fixed in the different provinces on the continent
on their paper currency. The discounts are various, the exchanges exceedingly
uncertain, and the paper of very little value in any other province but that which
coined it. But money may be had upon occasion at Jamaica upon more certain terms.

NB. No ship can well get to New York in less than 6 or 7 weeks, and the ordinary
post from New York to Boston at this time of year takes up a fortnight, and so in
proportion to any other place of equal distance, which is about 350 miles; so that in all
probability, if Col Spotswood and Mr Blakeney take up their headquarters at New
York, it will be near a month before they can have a return to their letters from all the
governors on the continent, for the post does not travel at all in the night and very
slow in the day. But after 25 March they will perform that journey in half the time.
From whence I conclude that great part of March will be gone before these levies will
begin to be made and some part of June before they can be complete.

Q. If it should be thought proper to direct Col Spotswood to come away with the
first number of people that can be got together, who shall be left to take care of the
rest? Draft. 8 pp. Endorsed, R from Mr Bladen, 9 January. [CO 318/3, ff 25~

516 Governor Robert Byng to Duke of Newcastle notifying arrival on 1 3th
December 15 mst . Commission read and published, oaths taken, declaration made. I

ilgnm purpose to acquaint the members of the Council with the declaration of
the present war by the infractions of the several treaties made on the part of Spain, the
breach of established privileges of HM's subjects, the insult upon the British colours
together with the violation of the convention made in January last, in consequence of
which the methods therein agreed upon for obtaining security for our trade and
navigation are defeated, as reasons for the declaration which HM for the interest of his
people has thought himself obliged to make. I shall not offer to take any other step than
what the letter of general reprisals authorizes me to do until I am honoured with your
commands. But what I propose is to the end we may be in a situation to oppose the
attempts of the enemy and likewise prepare ourselves by all means in our power to concur
in so just a cause and be ready on my receiving the authentic declaration to execute
immediately by sea and land all acts of hostility whatsoever in the prosecution of this war
against the King of Spain and his subjects. It only remains for me now to wish upon all
occasions success to HM's arms abroad and at home hearty concurrence in all HM's
measures by that agreement in this sessions of Parliament so necessary for the public
good. I shall endeavour to be very observant of HM's commands which I hope may
preserve me in your goodwill. Signed. 2\ small pp. Endorsed, R, 10 March. [CO 28/45, &
426-42/d]

517 Same to Commissioners for Trade and Plantations, notifying arrival at
December 15 Barbados on i3th inst. Commission read and published, oaths taken,

ilgnms declaration subscribed. Obedience to HM's other commands you will
be informed of as occasions offer. Signed. PS. Snovsjane, Samuel Sandys, proposes sailing
this evening. 2 small pp. Endorsed, Reed. 10 March, Read n March 1740. [CO 28/25, ^
9i-92d]

518 Lieut-Governor George Clarke to Commissioners for Trade and
December 15 Plantations. The Collector of HM's Customs having given me the

New York enclosed and having acquainted me that he apprehends a verdict will go
against him upon the trial of the cause by a jury whereby he will be under a necessity of
appealing to the King and Council though the evidence he tells me is very strong in his

520] AMERICA AND WEST INDIES 1/39 251

favour, I do upon his request give you the trouble of receiving this and at the same time
venture to say that if some method be not fallen upon whereby illicit trade may be better
prevented I doubt it will be to little purpose to bring any cause of that kind to trial by a
jury and the officers of the Customs will from thence be discouraged from exerting
themselves in the discharge of their duty; however, the event of this suit will resolve my
doubts. The Collector informs me that he has sent to the Commissioners of the Customs
copies of all the papers referred to in the enclosed from whom I presume you may have
them if you think it necessary. Signed. ii pp. Endorsed, Reed. 4 March, Read 13 March
1740. Enclosed:

5 1 8 i Court of Admiralty, New York. Case of Archibald Kennedy against sloop
Mary & Margaret, Thomas Fowles. The sloop was seized in August 1739 and the libel
against her proved in court. But Thomas Fowles obtained a prohibition from the
Supreme Court on the ground that the sloop was seized within a county of New
York. If this prohibition was well issued no breach of 1 5 Chas II c 7 can be tried in the
Admiralty Court but must be tried at common law by a jury who perhaps are equally
concerned in carrying on an illicit trade. ^\ pp. [CO 5/1059, ff I3i-i

519 Extract of letter to Governor Richard Fitzwilliam. Since my last to you
December 15 dated 9th inst wherein were enclosed letters acquainting you of the

Charleston starved, miserable condition of your garrison, we had a vessel from
Providence which gives us an account of a very rich Spanish prize being carried in there
and condemned to the value of 20000 pieces of eight; but if I hear any more in particular
shall take care and acquaint you per first opportunity. Copy. 2 small p. Endorsed, Reed.
from Mr Fitzwilliam, 6 March. [CO 5/388, ff 170, i7od]

520 Deputy Governor George Thomas to Commissioners for Trade and
December 17 Plantations enclosing the following. As there will not be any vessel
Philadelphia rom h ence directly to London this winter I am obliged to transmit it

by one bound to Bristol. Signed. % p. Endorsed, Reed. 7 March, Read n March 1740.

Enclosed:

520 i Newcastle, 15 December 1739. Account of Acts of Assembly passed in the
government of the counties of Newcastle, Kent and Sussex on Delaware for creating
or issuing bills of credit. In 1723 two Acts were passed for creating the first bills of
credit within the counties, by which i iooo/ were issued to be current for the term of
eight years, and for the effectual discharging or sinking the said bills it was therein
provided and enacted that a real estate in fee simple of double the value of the sums
lent out should be mortgaged to the trustees of an office erected for that purpose and
that the sums so lent out should be annually repaid into the office in such equal sums
or quotas as would effectually sink or destroy the whole capital sum of i iooo/ within
the time limited by the aforesaid Acts, which sum being computed in silver as it was
then received and paid among us and reduced to sterling money of Great Britain
amounts to 71 1 1/ is. In 1726 the sum of 2750/5 part of the capital or principal sum of
i iooo/ by virtue of the aforesaid Acts, being totally sunk and destroyed, the counties
found themselves under a necessity to prevent the remaining quotas being sunk
according to the directions of the Acts. Therefore another Act was passed for
continuing the remaining sum of 82 5O/ for and during the continuance of the said Acts
by reemitting or lending out again the quotas or sums to be paid in by the respective
borrowers on the same securities and provisions as were directed by the former Acts.
All of which said sum of i iooo/ hath long since been paid in to the said trustees and
sunk and destroyed according to the directions of the said Acts. In 1729 the Acts for

252 STATE PAPERS COLONIAL [$2I

issuing bills of credit passed in 1723 being almost expired, and the annual quotas
remaining due on the said Acts by virtue thereof being shortly to be sunk and
destroyed, the number of the inhabitants having greatly increased by the importation
of several thousands of people and there being wanting a sufficient medium to carry
on trade, the counties made a new Act of Assembly for emitting more bills of credit in
lieu of the former bills and accordingly an Act was passed for emitting and making
current 1 2ooo/ in bills of credit to continue for the term of sixteen years upon the same
security of real estates in fee simple to be mortgaged in double the value of the sum
lent and to be paid in by yearly quotas and sunk and destroyed as by the former Acts
passed in 1723. In 1734 the sum of 375O/, part of the principal sum of i2ooo/ by virtue
of the aforesaid Act, being totally sunk and destroyed and the number of inhabitants
still increasing, one other Act of Assembly was then made for emitting or issuing the
further sum of i zoool in bills of credit to be current for the term of twelve years upon
the same securities of real estates in fee simple to be mortgaged in double the value of
the sum lent out upon mortgage on the like securities and provisions, and at the end of
the term for which the said bills were made current the whole 1 2ooo/ is to be sunk and
destroyed. All the bills of credit in this present year 1739 current for the counties by
virtue of the