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

jt?*&

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

British Library Cataloguing in Publication Data

A CIP catalogue record for this book
is available from the British Library

Printed on acid-free Archival Sovereign Wove

Printed in the United Kingdom for HMSO
Dd 294243 C2 10/94 29858

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 bee