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

STATE PAPERS

Government
Publications

CALENDAR

STATE PAPERS

COLONIAL SERIES

AMERICA AND WEST INDIES

Preserved in the Public Record Office

Printed under the Superintendence of
the Keeper of Public Records

VOL. XLIII

1737

EDITED BY

K. G. DAVIES

LONDON
HER MAJESTY'S STATIONERY OFFICE

1963

Published by
HER MAJESTY'S STATIONERY OFFICE

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CONTENTS

PAGE

PREFACE iv

INTRODUCTION v

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

ABBREVIATIONS USED FOR OTHER PUBLICATIONS MENTIONED . . xvi

CALENDAR i

APPENDICES 314

GENERAL INDEX 327

111

PREFACE

THE entire volume, introduction, text and index is the work of Mr. K. G.
Davies, M.A., Fellow of New College, Oxford.

S. S. WILSON.

PUBLIC RECORD OFFICE,

May, 1962

INTRODUCTION

This volume contains 662 principal abstracts and a further 357 documents which
were enclosures to correspondence. Thus, although the period covered is shorter
(one year instead of eighteen months) the number of papers noticed is about half as
great again as in the previous volume. While growing apprehensions of hostile Spanish
action may have generated a few more documents in 1737 than in 1736, this increase is
not in general accounted for by a growth of colonial business. It is due to the inclusion
in this volume of certain classes of records previously omitted.

The most important innovation is the inclusion of the records of the colony of
Georgia, which begin in 1732. They were omitted from earlier volumes, presumably on
the ground that Georgia was at its inception and until the surrender of the charter a
proprietary colony: as such, its records were deemed to be private not public. Papers
relating to Georgia in the archives of the Commissioners of Trade and Plantations and
the Secretary of State are of course public records in the fullest sense and were included
in Volumes XL, XLI and XLII of the Calendar; but the domestic papers of the Trustees
for Georgia (including all correspondence between themselves and the colony) were
excluded.

The decision to admit the Georgia records to the Calendar from 1737 onwards has
been taken for two reasons. In the first place, although Georgia was indeed a pro-
prietary colony, its domestic records are physically present in the Public Record Office
while those of other proprietary colonies are not. The Georgia records were undoubtedly
private archives down to 1752, when the charter was surrendered, but it is equally clear
that they are public records now. The case for excluding them, as a separate archival
group, is not therefore very strong.

On the other hand, the historical relationship of Georgia to other colonies and to
the wider themes of colonial history argues cogently for the inclusion of these records.
This is especially so in the years before the outbreak of war in 1739. Apart from Gibraltar,
Georgia was the only land-frontier between British and Spanish possessions ; Spain did
not recognize the existence of the new colony on land over which she claimed sovereignty.
As early as 1737 there were widespread apprehensions of an attack upon Georgia from
Florida. (See, for example, index to the present volume under Georgia, Foreign Rela-
tions; South Carolina; Spain and the Spaniards) It is an obvious convenience to the
historian that these expressions of anxiety in and about Georgia should be calendared
and indexed in a volume which also contains material illustrating the fear of Spanish
aggressions in Jamaica, the Bahamas and the British West Indian colonies generally.

The decision to include the Georgia records adds greatly to the number of papers
in this volume. Of the 662 principal abstracts, 277 derive from the correspondence,
minutes and memorials of the Georgia Society. Inevitably some of these papers have a
less general historical significance than those of long-established crown colonies. But
the domestic minutiae of Georgia may be expected to diminish in later volumes.

Other records which have been omitted, at least from recent volumes in the series,
and are now included are the Colonies, General, Entry Books (C.O. 324/12, 37, 49, 50).

These contain entries of warrants, commissions, licences of absence to governors and
some letters. Abstracts from a register of grants of land in South Carolina (C.O. 5/398)
are printed as an appendix to this volume. And, for the first time, the Naval Officers'
lists of shipping are included (Appendix III) in summary form. These lists, as is explained
in a prefatory note to the appendix, contain much more information than can be con-
veniently printed : they are an important source of statistical data for the shipping and
trade of the British empire. Unfortunately they have not survived for all colonies.

These are the principal additions to the scope of the Calendar. In accordance with
long-established practice the classes known as 'Acts' and 'Sessional Papers' have been
omitted. The former are the Acts of colonial legislatures. In practice titles of Acts are
always mentioned in the correspondence of the governor of the colony concerned, the
Commissioners of Trade and Plantations, or the legal adviser to the Commission whose
task was to pass upon the validity of colonial legislation. The Calendar serves therefore
as a guide to colonial Acts, but no more. 'Sessional Papers' are the journals and minutes
of colonial assemblies and councils : these were printed in early volumes of the Calendar
but proved to be so bulky as to impede the progress of the series. Since the volume for
1704-5 they have been omitted. Occasionally governors of colonies, wishing to draw
the particular attention of the British government to proceedings in the assembly or
council, enclosed extracts of those proceedings : these are briefly noticed in the present
volume.

This series began as a calendar in which many of the original documents were printed
in a drastically abridged form. Much of the first volume is little more than a descriptive
list. In kter volumes the calendaring became fuller, and under the editorship of Mr.
Cecil Headlam and Professor A. P. Newton grew into a transcript of the more important
documents or at least of the more important passages in them. The original spelling and
language were preserved, omissions being indicated by such conventions as Continues,
etc., and so on. This volume does not mark a return to the principles of compilation
with which the series began: the present state of knowledge of British
colonial history, the amount of material already published in one form or
another, and the existence of means of reference such as C. M. Andrews and
F. G. Davenport, Guide to the Manuscript Materials for the History of the United
States to 1783, all argue for a full calendar and index rather than a descriptive list.
Nevertheless, the series has once again become a calendar; that is, it does not purport
to reproduce the original document or the language of any part of it. It is a guide to
the substance of the document. If, in the opinion of the editor, this substance is of
sufficient historical importance, a full abstract has been made. In general, all original
correspondence of colonial governors has been so regarded, as have entries of out-
letters from the Commissioners of Trade and Plantations and drafts of letters from the
Secretary of State. But even where a full abstract has been made of such documents, the
original spelling, use of capitals, and paragraphs have been modernized; and the con-
ventional forms of address and acknowledgement at the beginning of a letter and the
protracted valedictory matter at the end have been abridged. The intention has been to
communicate the whole of the substance of the document, but those who seek the
original wording must refer to the manuscript.

Enclosures, with some exceptions, have been abridged. Where, for example, an
affidavit is fully summarized in the covering letter, only a brief description has been
given. Accounts of colonial revenues are often extremely bulky and detailed and could
not be printed without an unjustifiable expenditure of space: in the present volume,
they are noticed and briefly described with some indication where appropriate of the
balance brought forward, total revenue and expenditure for the period, and the balance

carried forward. Formal documents such as orders of the Privy Council, orders of the
Committee of Council for Plantation Affairs, commissions and instructions to governors,
have been much abridged. Orders present no difficulty to an editor: their essence is
generally contained in a few words or at most a few lines. Instructions to governors by
this date are very long and almost common in form. Departures from instructions to
previous officials always receive particular mention in the Commissioners' covering
letter. Drastic abridgement has therefore been made. The instructions to the Earl of
Albemarle, Governor of Virginia (No. 5yoii), extend over 117 pages in the relevant
entry-book. In the Calendar they receive two lines together with a covering letter (No.
jyoi) which explains the single departure from common form which had been made.
The form of these instructions and their evolution may be studied in L. W. Labaree
(editor), Roya/ Instructions to British Colonial Governors, 1670-1776, 2 vols. (1935).

Apart from the general indications just given, a rough guide to the degree of abridge-
ment applied to a particular document may be obtained by comparing the length of an
abstract with the number of pages covered by the manuscript. This is given at the end
of each abstract and is accurate to the nearest quarter of a page : a distinction is made
between pages (of folio size), large pages and small pages. Thus, President Gregory's
letter of 5 January 1737 (No. 4) covers two pages of manuscript and thirty-eight lines
in the present volume ; this has been calendared fully. On the other hand, the licence of
absence of 20 October to Governor Fitzwilliam (No. 545) fills one page of an entry-
book and is here reduced to less than two lines.

The index to this volume, while not departing from the broad principles of official
practice, incorporates certain features peculiar to the institutions and geography of
colonial government. The user is advised to consult the foreword on pp. 329-330.

The practice of commenting upon events and documents of outstanding interest in
each colony has been followed in the Introductions to many volumes of this series. In
Volume XLII for 1735-36, this method was abandoned in favour of a brief discussion
of one major topic, Anglo-French rivalry in America and the West Indies and the fears
and reactions which it inspired. The intention was to illustrate this theme from the docu-
ments which followed in such a way as to amplify and supplement the index. This
practice is continued in the present Introduction.

Anglo-French rivalry, economic and otherwise, predominated in 1735 and 1736.
In 1737 it was of course still present and still important. But negotiations were proceed-
ing to settle outstanding disagreements, at least those deriving from the French Edict
of 1727 and the Montserrat Act of 1736 (see index to this volume, France and the
French) ; an understanding looked to be possible. Expressions of alarm at French power,
though not lacking, are less frequent. Quite suddenly, fear of Spain replaced, or at least
became more immediate and urgent than, fear of France. In the last Introduction
attention was called to the absence of evidence of activity by Spanish guardacostas in
the documents for 1736 (Cal. S.P. Col., 1735-36, p. xxiii). With the exception of the
Mercury of New Providence, taken in June 1735, there was little to report. In the present
volume, however, evidence multiplies rapidly of Spanish attacks on British shipping
and of reactions to these attacks in Britain and the colonies.

This evidence, though not entirely precise, suggests that the Spanish campaign (for
such it was taken to be) was intensified in the autumn of 1736, re-opened in the following

vii

spring, and continued through the summer of 1737. The following is a list of references
in the present volume to the fruits of these activities :

Date of Capture
1736

29 Aug. 1736
about 4 Sept. 1736
about 9 Sept. 1736

12 Sept. 1736

1736

24 Mar. 1737

12 May 1737

21 May 1737

June 1737

5 Aug. 1737

about 5 Aug. 1737

No. of Document
i

Ship

two sloops of Rhode Island (one released);
one sloop of New York

92vi, 92viii Free Mason of Jamaica, Capt. Jacob Phenix

201 Fanny of Antigua, Thomas Nanton, master

2oi a sloop of Nevis

92v, 92vii Wheel of Fortune of Rhode Island, Roger
Maddox, master

20 a sloop in passage from Carolina to Barbados,
Higginbottom,, master

20 a sloop of Anguilla, bound for Rocas

425 Prince William, Capt. John Kinselagh

3 9 5 i St. James of Bristol, James Curtis, commander

595ii-iii George, Capt. Henry Weare

4081 Hopeivell

59ji, 595iii L,oyal Charles, Capt. Benjamin Way

5951, 595iii Dispatch, Capt. Phillip Dellamotte

Some of these ships being unnamed, there is more than a possibility of overlap.
The Wheel of Fortune, for instance, may well be one of the Rhode Island sloops mentioned
in Samuel Eveleigh's letter of 3 January (No. i). Even so, if these reports are to be
trusted, an impressive number of British ships were taken by the Spaniards between
August 1736 and August 1737.

Their crews suffered some hardship. The six white men on the Fanny, so it was
asserted in a sworn statement by one of them, were whipped by their captors and
marooned (No. 2oi). The son of the owner of the Hopeivell was shot in the back, though
not it appears mortally (No. 40 8i). The crews of the Wheel of Fortune, Free Mason and
other ships were detained in Havana; Jacob Phenix, master of Free Mason, was im-
prisoned in irons (Nos. 92v-viii). In August 1737, according to a statement of Captain
Benjamin Way, there were sixty British prisoners at Havana, though the Spaniards do
not seem to have been zealous in preventing escapes (No. 595i). The gravest charge of
ill-treatment in the present volume was, however, in respect of the captain of a Dutch

vessel. William Fisher, in an affidavit of 13 November 1736, deposed that the Spaniards
had cut off the captain's right hand, broiled it, and compelled the Dutchman to eat it
(No. 2oi). Several other documents suggest that the guardacostas were active against
Dutch shipping equally with British (Nos. i, 339, 488, 59511).

Little can be learned from these documents of the pretexts for seizure. Prince William
carried Braziletta wood from Providence; Loyal Charles had twenty tons of logwood;
George had gold and silver on board; and Hopewell, when taken, was in the act of loading
with fustick at Crab Island. It is no surprise that British captains were reticent on the
subject of contraband, or alternatively protested their innocence.

News of the activities of the guardacostas was slow to reach London. Thus the Fanny
was taken early in September 1736: her crew were put ashore on Salt Island and taken
off by a Dutch ship. William Fisher's affidavit reporting the event was sworn at Antigua
on 13 November, but not dispatched by Governor Mathew until 17 January following.
It was received at the office of the Commissioners of Trade and Plantations on 1 8 March
1737 and read by them on 22 March, nearly seven months after the capture. This long
delay is attributable in part to the winter season which held up sailings; unofficial
advice may have come through more quickly.

As a consequence of these delays, the British Parliament took little account of the
guardacostas in its session of 1737. In the previous year the matter had been before the
House of Commons and papers presented relating to losses sustained by British subjects
since 1725 (L. F. Stock, editor, Proceedings and Debates of the British Parliaments respecting
North America, Washington, D.C., 1937, Vol. IV, p. 275). But in the session which
began on i February 1737 and closed on 21 June, that part of parliamentary time
given to colonial matters was devoted principally to an enquiry into the manufacture of
iron in the American colonies (Ibid., p. 316 et seq.). A petition was received by the
House of Commons on 16 March from the owners of the Anne galley, but this ship had
been taken by the Spaniards as long ago as 1728 (Ibid., pp. 324-326).

Reactions to Spanish aggression are not, however, absent from this volume. The
Commissioners of Trade and Plantations represented recent events to the Duke of
Newcastle at the end of August (No. 481), and papers were sent to Benjamin Keene,
British minister at Madrid (Nos. 48ii-iii, 540). Nevertheless, there is nothing to show
that the British Government was pressing the case with a force or urgency to match the
indignation of the City of London. Included in the present volume is the petition pre-
sented to the king on 13 October 1737, protesting at Spanish seizures and the inhuman
treatment of British crews (No. 540). This document was signed by 151 persons collec-
tively described as 'merchants and planters in behalf of themselves and others trading
to and interested in the British colonies in America'. Another mass protest was launched
in November by the merchants of Kingston, Jamaica (Nos. 58ii, 595iii): this was
provoked by the seizure of the Loja/ Charles, George and Dispatch, all laden in Jamaica
and bound for Great Britain when taken. It bore twenty-seven signatures.

Resentment at the depredations of the guardacostas was added to the apprehension
that Spain was about to attack one of the British possessions in America. Georgia was
commonly expected to be the victim, though the Bahamas were also mentioned as a
possible target (Nos. 92, 92iv-viii). Early in the year there were reports of troop-
movements made or to be made by the Spaniards. Five hundred soldiers were expected
at St. Augustine in Florida, the obvious base for an invasion of Georgia (Nos. i, 57).
Some reinforcement of this garrison does seem to have taken place. Abraham Kipp,
who was at St. Augustine in February and March 1737, reported that within the past
year two companies of soldiers had arrived there, bringing the total force to about four
hundred (No. 21 iv).

Such an augmentation of the garrison at St. Augustine scarcely threatened Georgia's
integrity. Nevertheless, alarming rumours were reaching the British authorities from
Havana. These began with Leonard Cocke's letter of 26 November 1736 to Commodore
Digby Dent at Jamaica (Cal. S.P. Col., 1735-36, No. 469). This somewhat illiterate
communication hinted broadly at a Spanish design to attack Georgia, using Indians as
auxiliaries and proclaiming freedom for British-owned slaves (presumably those of
South Carolina) who joined the invaders. It reached Jamaica on 23 December and copies
were sent early in January to the authorities of Georgia and South Carolina (Nos. 57,
J7i-ii, 7oiii). British prisoners detained at Havana and letters from the South Sea
Company's factor added colour to the story (Nos. 92i-viii). Several sailors went so far
as to indicate March 1737 as the date for the attack, though they were not clear whether
Georgia, the Bahamas, or both were to be invaded.

Much of this was rumour, much exaggeration. That the Spaniards had any intention
of attacking Georgia or any other colony in i737is very unlikely indeed. Nevertheless, the
curious story of John Savy alias Colonel Miguel Wall suggests that they may already have
had plans to invade Georgia in the further future. By his own accounts (Nos. 5 88i-ii), Savy
was an early emigrant to Georgia who had also lived in Charleston, South Carolina,
where he was known as 'a man well stocked with impudence ... yet of very little
courage or conduct' (No. i68iv). He left America in 1735 and entered the service of
Spain. Commissioned under the name of Miguel Wall, he was sent to Havana in order
to act as guide to a Spanish force which was to invade Georgia in or before May 1738
(No. j88ii). Savy arrived at Havana on 28 October 1736 and lost no time in revealing
his mission, when drunk, to Leonard Cocke (Cal. S.P. Col., 1735-36, No. 469). Again
drunk, he confided his plans to Henry Weltden (No. 92iii). Thus it was the ramblings of
this renegade sot that alerted the British colonies to their supposed peril, set in train a
flurry of papers, caused the movement of several of H.M. ships, and perhaps helped to
bring about the decision to dispatch a regiment of British troops to the defence of
Georgia. Later in 1737, though how and why does not appear, Savy turned up in Lisbon
and surrendered himself to the British. He was in England in November, protesting
that all he had done was only in order to discover the Spanish secrets (No. 588ii).

Reactions in the British colonies were varied. The settlers in Georgia undoubtedly
felt themselves in imminent danger. Men able to bear arms were mustered (No. io8ii)
and exercised, time and labour diverted to the building of a fort at Savannah. The fort,
it can be deduced from John Brownfield's letter of 10 February and other evidence, was
a peculiarly futile operation (No. 72): while protecting Savannah from the north, it
left the town 'in the utmost danger should they attack us on the east, west or south side',
and it attracted adverse criticism from the Trustees for Georgia (No. 453). Thomas
Causton, Chief Bailiff of Georgia, excused his action by reference to the necessity of
keeping up morale (No. 108).

South Carolina also took the rumours seriously, as is shown by Lieut. -Governor
Broughton's letter of 4 February (No. jo'i). Measures were taken to help Georgia in the
event of an attack, though concerted action between the two colonies was hampered by
their disagreements over Indian trade: this bad feeling is reflected in the exchanges of
letters between Broughton and Causton in February (Nos. 7oi-ii, 98, io8i-ii). Even in
Charleston, however, there were those who questioned the seriousness of the danger.
The uncertainty is mirrored in letters written by two correspondents of the Georgia
Society. On 5 March Paul Jenys wrote to Harman Verelst that he was inclined to
believe that no act of hostility would be committed (No. 127). Less than a fortnight
kter, on 1 8 March, Samuel Eveleigh advised Thomas Causton that 'it is here generally

believed that a body of Spaniards will march from St. Augustine by land in order to
attack your colony' (No. i68iv).

According to Captain Gascoigne, R.N., commander of H.M.S. Hawk, the alarm was
at its height at the beginning of April (No. 345). About that time the governor of
Virginia reported that the station-ship of that colony, H.M.S. Seahorse, was fitting out
to sail to the south (No. 146), which she did at the end of March (No. 292). Governor
Gooch himself hoped that the reports from Havana were 'only a Spanish bravado to
intimidate the people of Georgia from prosecuting their settlements', and in May he
wrote that he had never believed in the design (No. 292). Still further to the north,
H.M.S. Tartar, Captain Norris, R.N., station-ship of New York, was alerted (No. 184),
but it does not appear that she proceeded to Georgia. Even without Tartar, however,
the Royal Navy had produced at short notice a fairly creditable show of force, sufficient
anyway to provoke the governor of St. Augustine to injured protest (No. i68vi).

Almost as suddenly as the alarm had been taken up, saner counsels began to prevail.
On 20 May Paul Jenys wrote from Charleston that there was then no apprehension of
invasion (No. 304); on 15 June Captain Gascoigne reported that all was quiet at St.
Augustine and that H.M.S. Rose and Shark had returned to Carolina (No. 345); and on
15 July Lieut.-Governor Broughton advised that the forces raised in South Carolina
had been discharged (No. 406). At the very end of the year, South Carolina was once
again apprehensive (Nos. 604, 648), but this fresh alarm belongs more properly to the
next volume.

Two papers are printed in the present volume which appraise the possibilities in a
cooler spirit than those originating in the colonies. James Oglethorpe's memorandum
(No. 209) of April 1737 assumes the truth of rumours of Spanish preparations at
Havana and St. Augustine, and calls for the dispatch of a regiment of 700 men to Georgia
together with naval reinforcements. The other paper (No. 210) has an endorsement stat-
ing that it was received from Sir Charles Wager. It scouts the possibility of an invasion
of Carolina and attributes the reinforcement of St. Augustine to the Spaniards 'being
perhaps more afraid of us than we are of them, or at least as much'. Naval forces in the
area or on call were considered adequate.

Oglethorpe's arguments were to win the day. In June the Trustees for Georgia
petitioned Sir Robert Walpole (No. 363); in August Oglethorpe produced another
memorandum on the same lines as his paper of April (No. 465); and on 10 October the
Georgia Society was able to inform its chief bailiff that the regiment had been ordered,
that 300 men would soon arrive, and that Oglethorpe himself had been appointed captain-
general and commander-in-chief of all H.M.'s forces in Carolina and Georgia (No. 522).

List of Records
from which this volume has been compiled

America and West Indies:

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

Original Correspondence, Secretary of State, Massachusetts, New

Hampshire, Rhode Island, 1710-52 . . . . . . . . . . C.O. 5/10

Entry Book of Commissions and Instructions, 1734-38 . . . . C.O. 5/196

North Carolina:

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

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

Entry Books of Commissions, Instructions, etc., 1730-54 .. .. 00.5/323

South Carolina:

Original Correspondence, Board of Trade, 1735-37 .. .. .. C.O. 5/365

Original Correspondence, Board of Trade, 1737-38 .. .. .. C.O. 5/366

Original Correspondence, Board of Trade, Drafts, 1722-74 . . . . C.O. 5/381

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

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

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

Entry Book of Commissions, Instructions, etc., 1730-39 .. .. C.O. 5/401

Shipping Returns, 1736-44 .. .. .. .. .. .. C.O. 5/510

Georgia:

Original Correspondence, Board of Trade, 1735-37 .. .. .. C.O. 5/639

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

[These two volumes are so described in the list of Colonial Office

records, Lists and Indexes, No. XXXVI. In fact, they are the in-
letters of the Trustees for Georgia]

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

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

Entry Book of Grants of Land, Instructions, Petitions, etc., 1732-40 C.O. 5/670

Journal of Trustees for Georgia, 1732-37 .. .. .. .. C.O. 5/686

Journal of Trustees for Georgia, 1737-45 .. .. .. .. C.O. 5/687

Minutes of Council of Trustees, 1736-41 . . . . . . . . C.O. 5/690

Maryland:

Original Correspondence, Secretary of State, 1704-40 . . . . C.O. 5/720

Massachusetts (see also New England) :

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

xii

Ne iv England:

Original Correspondence, Board of Trade, 1736-37 .. .. .. .0.5/879

Original Correspondence, Board of Trade, 1737-38 .. .. .. C.O. 5/880

Original Correspondence, Board of Trade, Drafts, 1688-1774 . . C.O. 5/896

Original Correspondence, Board of Trade, Drafts, 1731-74 . . . . C.O. 5/897

Original Correspondence, Secretary of State, 1733-41 . . . . C.O. 5/899

Entry Book of Instructions, Board of Trade Correspondence etc.,

1731-41 .. CO. 5/917

New Jersey:

Original Correspondence, Board of Trade, 1734-43 .. .. .. C.O. 5/973

Original Correspondence, Secretary of State, 1697-1740 .. .. C.O. 5/980

Original Correspondence, Secretary of State, 1728-41 . . . . C.O. 5/983

Entry Book of Commissions, Instructions, Board of Trade Corre-
spondence, 1720-38 .. .. .. .. .. .. .. C.O. 5/996

Shipping Returns, 1722-51 .. .. .. .. .. .. C.O. 5/1035

New York:

Original Correspondence, Board of Trade, 1735-37 .. .. .. C.O. 5/1058

Original Correspondence, Board of Trade, 1737-42 .. .. .. C.O. 5/1059

Original Correspondence, Secretary of State, 1728-49 . . . . C.O. 5/1086

Original Correspondence, Secretary of State, 1737-45 . . . . C.O. 5/1094

Entry Book of Commissions, Instructions, Board of Trade Corre-
spondence, 1735-48 .. .. .. .. .. .. .. C.O. 5/1126

Shipping Returns, 1731-38 .. .. .. .. .. .. C.O. 5/1225

Proprieties:

Original Correspondence, Board of Trade, 1730-37 .. .. .. C.O. 5/1268

Original Correspondence, Board of Trade, 1737-40 .. .. .. C.O. 5/1269

Entry Book of Commissions, Instructions, Board of Trade Corre-
spondence, 1727-51 .. .. .. .. .. .. .. C.O. 5/1294

Virginia:

Original Correspondence, Board of Trade, 1736-40 .. .. .. C.O. 5/1324

Original Correspondence, Secretary of State, 1694-1745 .. .. C.O. 5/1337

Entry Book of Commissions, Instructions, Board of Trade Corre-
spondence, 1728-52 .. .. .. .. .. .. .. C.O. 5/1366

Shipping Returns, 1735-53, York and Rappahannock Rivers. . . . C.O. 5/1444

Shipping Returns, 1735-56, South Potomack and Accomack Districts C.O. 5/1445

Shipping Returns, 1736-53, James River and Port Hampton . . C.O. 5/1446

Bahamas:

Original Correspondence, Board of Trade, 1731-37 .. .. .. C.O. 23/3

Original Correspondence, Board of Trade, 1736-43 . . . . . . C.O. 23/4

Original Correspondence, Secretary of State, 1728-46 . . . . C.O. 23/14

Entry Book of Commissions, Instructions, Board of Trade Corre-
spondence, 1717-42 .. .. .. .. .. .. .. C.O. 24/1

Shipping Returns, 1721-51 .. .. .. .. .. .. C.O. 27/12

xiii

Barbados:

Original Correspondence, Board of Trade, 1734-37 .. .. .. .0.28/24

Original Correspondence, Board of Trade, 1737-42 .. .. .. C.O. 28/25

Original Correspondence, Secretary of State, 1729-41 . . . . C.O. 28/45

Entry Book of Commissions, Instructions, Board of Trade Corre-
spondence, 1734-47 .. .. .. .. .. .. .. C.O. 29/16

Shipping Returns, 1728-53 .. .. .. .. .. .. .0.33/16

Bermuda:

Original Correspondence, Board of Trade, 1727-37 .. .. .. .0.37/12

Original Correspondence, Board of Trade, 1737-40 .. .. .. C.O. 37/13

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

Original Correspondence, Secretary of State, 1728-44 . . . . C.O. 37/29

Entry Book of Commissions, Instructions, Board of Trade Corre-
spondence, 1723-48 .. .. .. .. .. .. .. C.O. 38/8

Shipping Returns, 1715-37 .. .. .. .. .. .. C.O. 41/6

Jamaica:

Original Correspondence, Board of Trade, 1735-38 .. .. .. C.O. 137/22

Original Correspondence, Secretary of State, 1735-77 . . . . C.O. 137/48

Original Correspondence, Secretary of State, 1736-40 . . . . C.O. 137/56

Entry Book of Commissions, Instructions, Board of Trade Corre-
spondence, 1734-43 .. .. .. .. .. .. .. .0.138/18

Leeward Islands:

Original Correspondence, Board of Trade, 1735-37 .. .. .. C.O. 152/22

Original Correspondence, Board of Trade, 1736-40 .. .. .. .0.152/23

Original Correspondence, Secretary of State, 1721-49 .. .. .0.152/40

Original Correspondence, Secretary of State, 1734-45 . . . . C.O. 152/44

Entry Book of Commissions, Instructions, Board of Trade Corre-
spondence, 1735-47 .. .. .. .. .. .. .. C.O. 153/16

Newfoundland:

Original Correspondence, Board of Trade, 1735-40 .. .. .. .0.194/10

Entry Book of Commissions, Instructions, Board of Trade Corre-
spondence, 1719-41 . . . . . . . . . . . . . . C.O. 195/7

Nova Scotia:

Original Correspondence, Board of Trade, 1732-37 .. .. .. .0.217/7

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

Original Correspondence, Secretary of State, 1702-44 . . . . C.O. 217/31

Original Correspondence, Secretary of State, 1730-46 . . . . C.O. 217/39

Entry Book of Commissions, Instructions, Board of Trade Corre-
spondence, 1720-49 .. .. .. .. .. .. .. C.O. 218/2

West Indies:

Original Correspondence, Board of Trade, 1734-40 .. .. .. .0.323/10

xiv

Colonies, General:

Entry Book of Commissions, Instructions, Board of Trade Corre-
spondence, 1733-49 .. .. .. .. .. .. .. C.O. 324/12

Entry Book of Grants and Warrants, 1736-49 .. .. .. C.O. 324/37

Entry Book of Commissions, Instructions, Warrants, Patents, Grants
of Land, 1714-81 . . . . . . . . . . . . . . C.O. 324/49

Entry Book of Commissions, Instructions, Warrants, Patents, Grants

of Land, 1728-51 .. .. .. .. .. .. .. C.O. 324/50

Publications mentioned in the text and footnotes of this volume are abbreviated in
the following forms :

Arch. Maryland, XL

Archives of Maryland, XL, Proceedings and Acts of
General Assembly of Maryland, 1737-40, edited by
B.C. Steiner (Baltimore, 1921)

A.P.C. (Colonial Series) Acts of Privy Council, Colonial Series

Cal. S.P. Col.
Egmont Diary, II
Georgia Records

Calendar of State Papers, Colonial, America and West
Indies

Diary of First Earl of Egmont, II, 1734-38, Historical
Manuscripts Commission (1923)

The Colonial Records of Georgia, compiled by A. D.
Candler

xvi

COLONIAL PAPERS

January 1737

1 [Samuel Eveleigh 1 ] to James Oglethorpe. Last week arrived Capt.

January 3. Wyatt from Havana and St. Augustine; the first he left about five

South Carolina. months since anc j t h e i ast fa e jfoh day o f i ast month. He gives an

account that the governor of St. Augustine had imprisoned six of the royal officers
because they would not sign some accounts and papers that he had drawn up. Our
newspapers mention a Spanish man-of-war to be sailed from Coruna with soldiers and
ammunition bound to St. Augustine in September last, and Wyatt gives an account that
it was a common discourse in St. Augustine that a Spanish man-of-war was expected
with 500 soldiers and that the governor had actually built barracks that would contain
that number, that the said man-of-war was to be stationed and to cruise off that place,
and that she carries 50 guns. I am apprehensive that this man-of-war will be a very great
prejudice to trade (especially to that of this place) and take several of our vessels that
come through the gulf from Jamaica, Honduras and Providence. He further adds that
(while he was at St. Augustine) several parcels of Indians came down thither pursuant
to that governor's invitation and were very civilly treated; and when they went away
he made each man a present of a gun, a blanket, powder and shot, with which they
seemed to be very well pleased, and that he was informed that the number of Indians
were in all from 100 to 150. He further adds that while he was at Havana there were
three sail of men-of-war that had been built there fitting out from thence, vizt. of 84, 56
and 24 guns, the last was to serve as a guardacosta and was fitted out and went to sea.
While he was at St. Augustine a sloop arrived there from Havana which brought an
account that she was returned with four prizes, vizt. a large Dutch ship of 400 tons, a
New York sloop that had on board some hides, and two sloops belonging to Rhode
Island, one from the Bay with logwood, and the other from Jamaica on board of which
they found nothing but rum, sugar and molasses, the produce of that island, and so
dismissed her. The other three were condemned and the masters put into prison. I take
notice that the guardacosta carried 9-pounders and 300 men whereas the guns belonging
to our 2o-gun ships are but 6-pounders and about 125 men. He also says that while he
was at Havana 2 it was there confidently discoursed that they had orders to build 1 1 sail
of men-of-war more, from 5 6 to 80 guns, and that they were then preparing to put three
of them upon the stocks and that there was arrived from Old Spain several necessaries
for that intention. This I thought proper to advise you of that you may (if you think fit)
acquaint the secretary of state therewith.

Here has lately been two large vessels cast away belonging to London bound from
Jamaica home and richly laden, one off Winyah and the other to the southward of St.
Augustine. That at Winyah has saved some part of her cargo consisting of several hogs-
heads of indigo, rum, piemento and ginger; the other saved nothing but their lives.

1 Compare handwriting of letters at CO. 5, 639, fo. 75 and CO. 5, 654,70. 97.

2 'Savannah' in MS.

2 STATE PAPERS COLONIAL [2

Major Charles Russell, agent to the Cherokees, went hence 24th ult. to proceed for
that nation. And upon Capt. Drake's refusal to go to the Creeks the general assembly
nominated Childermas Crofts in his room and is speedily to proceed on that employ.

Capt. Keate arrived here some time since and brought in from the Trustees two
barrels, one box and three tubs of bamboo canes directed to yourself which are put on
board Capt. Demetry who was sent down by Mr. Causton. I have also put the greatest
part of the duffels on board him with some pitch, tar, turpentine, beef and pork, and
have wrote Mr. Causton that I would supply him with what necessaries he should further
want and take in payment the Trustees' sola bills expected, notwithstanding some of my
neighbours and others endeavour to discredit said bills. Elliot, the two Bellingers and
others seem very much dissatisfied with their certified accounts and very much complain
of their not being paid (according to their agreement) in currency. The first has offered
(as I have been credibly informed) his account of fifteen hundred pounds for one
thousand; but my son being gone that way, I have ordered him to call upon him to
satisfy him and (if he found he was still uneasy) to buy the same.

Capt. Procter is come down from Frederica and makes a very great complaint and
says that he agreed with you for 8o/. per month for his pettiaugoa, but that they would
not pay him more than 70 and that was paid him in sola bills at 8 for i by which he shall
be a considerable loser. He likewise complains that they deducted for what was wanting
of the beer when he carried it thither, though the cask were not full when he took them
on board, and says that he will send his case home to his cousin Col. Horsey and desire
him to lay the same before the Trustees.

I take care constantly to advise Mr. Causton of what is necessary, not only the news
that occurs but the transactions of this place in relation to the Indian trade so far as they
come to my knowledge. The sloop Sarah, John Colcock master, is bound again to
Mobile ; when she returns if anything of moment offers from that place I will write you.
I cannot remember whether I have already advised you what Colcock informed me, that
M. Bienville had wrote to France for 5 or 6000 regular troops.

I have given the Trustees credit in my new account for the 40!. sterling you gave
Mr. Buttler to pay Capt. Campbell. I saw your letter to Mr. Jenys in relation to the sola
bills and doubt not but I shall take such measures as will give them some credit notwith-
standing the pains some people take to lessen the same. For I have wrote Mr. Causton
that I would take them in payment for what goods I supply him with and also Mr. Grant
my attorney to take them in payment for the debts due to me at Savannah; but it would
have been much better if you had been here to endorse them, for I am sensible there will
be but few merchants in this town who will take them without a very great discount,
and do design to send them home to Messrs. Bakers and so pass my own bills on him,
though I am obliged to pay commissions both for receiving and paying. Duplicate.
Unsigned. PS. I have several packets of letters from Mr. Causton for the Trustees with
two boxes directed to Mr. Dempsey and one chest to Mr. Tanner, which I shall forward
by Capt. Piercy bound for London who will sail this week, the bearer Capt. Read being
bound for Cowes and Holland. 4pp. [C.O. 5, 639, fos. 105-106^.]

2 Alured Popple to Francis Wilks. The Council of Trade and Plantations

January 4. find that in consequence of several Acts passed in Massachusetts for
supplying the treasury, there was current at Christmas 1735 in bills of credit about
ijo,ooo/. As the permitting of bills to a greater value than 30,0007. to be current at one
time is a manifest breach of H.M.'s i6th and i8th instructions to the governor, copy
enclosed, I am to desire that if you have anything to offer to justify Mr. Belcher's conduct
on this occasion you will bring the same in writing on Tuesday morning next. Entry.

4] AMERICA AND WEST INDIES 1737 3

PS. It appears that before Governor Belcher's arrival there was issued in 1727-29
68,ooo/. yet outstanding; and, since his taking on the government, in 1730-35 82,5047.
ys. lod. more than are yet drawn in again. Total, 150,5047. ys. lod. z pp. [CO. 5, 917,
fo. 80, 8o</; draft in CO. 5, %<)j,fos. 119-120^.]

3 Samuel Urlsperger to Henry Newman. Eighteen persons lately arrived
[January 4.] here from Salzburgh, forced to fly on account of the strange religion,
Augsburg as ** * s ca ^ ec l> afl d Lutheran books; still more single persons who are

banished arrive here. These and others are maintained at the Society's
charge so that I have not above io/. sterling left and shall soon want a new supply. The
Prussian envoy has solicited for, obtained and sold 2000 estates in Salzburgh belonging
to persons fled to Prussia and has remitted 40-50,000^ sterling to Prussia. If full details
were available the same might be done for the Salzburghers in Georgia. In Carinthia
the people are still much oppressed. The Salzburghers ask when there is to be a new
transport: I can give no answer till I know that those at Ebenezer are firmly established
and that the law that daughters may not inherit is altered, for which redress I beg once
more. Copy. i\ pp. [CO. 5, 659, fos. ni-iizd.]

4 President John Gregory to Duke of Newcastle. An affair of some
January 5. consequence has lately happened in these parts of which I think it my

duty to give you the best information I have been able to get. It is
reported that Mr. Mathew, the governor of the Windward Islands, having seized a
French vessel of value upon pretence of some treaty which prohibits their coming
within certain distances of his coast, the French have resented it and made reprisal upon
a Guinea ship bound to this place; and not content with this a French man-of-war lately
attacked two merchantmen laden in this island homeward bound as they lay in Donna
Maria Bay. It happened Capt. Bridge, commander of H.M.S. Antelope, was there and
seeing the insult demanded the reason. The French captain answered he was lately come
from Old France with 500 recruits and having touched at Martinique was there informed
of Mr. Mathew's proceedings, and therefore thought himself justified in what he did;
however, he desisted. Upon Capt. Bridge's return to this place the matter was publicly
talked of; and not hearing anything of it from him or Commodore Dent who commands
on this station, I wrote to Capt. Bridge desiring it as a favour from him that he would
send me a state of the affair upon oath, for I thought it of that consequence that I would
transmit it to you. Capt. Bridge not answering my letter in some days, I applied to the
commodore : copies of relevant letters enclosed. It seems what I have done has given
offence, though it was very far from my intentions : I thought this affair might prove a
national concern and that it was my duty to represent it in the strongest and truest light
and that none could better enable me to do so than those that were actually concerned.
I was at first at a loss to know what part of my letter could be taken amiss, but that has
been since a little explained to me: an information upon oath was not so agreeable nor
was it perhaps so convenient the whole fact should appear. If what I hear reported be true
Capt. Bridge was not at Donna Maria Bay so much by accident as by a concerted design
to put his indigo on board those ships. This report has this probability for it: that Capt.
Bridge upon his going out purchased and carried with him a considerable number of
slaves, I have been told near 200, and he has brought none of them back. It is certain a
trade to Hispaniola has been carried on, and not only indigo but quantities of refined
and some say brown sugars have been imported; and the sailors of the navy are either
grown very sober or have been supplied with rum from thence, for I have heard none

4 STATE PAPERS COLONIAL [5

has been taken from the contractor for some months. I am not very fond of making com-
plaints nor would I willingly create new enemies, and I have heard it is ticklish meddling
with the Navy: however, I cannot help thinking they are sent here to protect us and
not to steal any little trade from us. This island has suffered under many discouragements
and the carrying on a trade in this manner and importing our own commodities upon
us must be very injurious to the merchant, the planter, and seafaring part of this country.
I will forbear saying any more on this subject. Signed, z pp. indorsed, Reed. 21 March.
Enclosed,

4. i. Same to Commodore Dent, 28 December 1736. I requested from Capt.
Bridge an account on oath of the affair at Donna Maria Bay. Having no reply, I
therefore apply to you. As we have the same master, I think our councils cannot be
too well united for his service. I have been informed you intend to sail in few days
to Martinique to demand satisfaction. If you do I should be glad to have an oppor-
tunity by your means of conveying a letter to the governor upon this subject, for it
may be of the last ill consequence not only to the trade in these parts but even to all
Europe if some stop be not put to these proceedings. I wish you a happy year and
many of them. Duplicate. Signed, i p.

4. ii. Capt. T. Bridge to President Gregory; on board Antelope, 27 December
1736. In reply to your request for information upon the insult offered by the French
at Hispaniola, I must beg to be excused, it being a custom in the Navy by instruction
that the actions of every private captain be represented to the admiral or commanding
officer, and through him conveyed to one of H.M.'s Principal Secretaries of State as
well as the Lords of the Admiralty, whose accounts are looked upon as authentic
(though not given upon oath) as if received from the governor of any province. I
have accordingly delivered to Commodore Dent an exact account of the business,
it being my duty so to do and no further. Signed. ij small pp.

4. iii. Commodore Dent to President Gregory; Kingston, 29 December 1736.
The information you require will be justly represented by me to the Principal
Secretary of State as well as to the Lords of the Admiralty, without giving or putting
you to the trouble. The trade while I command will always meet with due protection
and proper convoy when demanded. I have no thoughts at present of going or
sending a ship to Martinique to demand satisfaction for the depredations said to be
committed. I shall suspend that till I am further instructed. Signed. PS. Capt. Draper
promised Capt. Bridge Monday morning last to send you the enclosed by a gentle-
man then going to Spanish Town, but forgot it. i p. [CO. 137, ^6,fos. 54-61^.]

5 Count D'El Montijo to Don Joseph Vizarron, Bishop and Viceroy of
January 7. the city of Mexico, requesting protection for Mr. Millar sent by the

Madrid. R O yal Society of London for the discovery of vegetables and other
curiosities. I myself am a member of the said Royal Society and am engaged hereto by
a person whom I could by no means disobey. Copy. i| pp. [C.O. 5, 639, fos. 97-98^.]

6 Archibald MacBean to James Oglethorpe. I have a mind to let you
January 8. know what passengers I can get at Inverness 1 , all out of that shire

and the next: the complement as I shall promise will be 100 people, 20 of them will be
freeholders, 10 of them without families, and 20 young women, none of them whores
nor transporters but to be indented servants, the rest the same. All this I will do and
ship them aboard in a month's time. I can provide these people as cheap as you can get
them in any other country. The rest of my country are well settled and I have none,

1 ' Underness ' in MS.

y] AMERICA AND WEST INDIES 1737 5

which makes me uneasy concerning my family which is there. I desire to get to Georgia
as soon as possible. My cousin and I, Laughlin MacBean, will pay for twelve passengers,
ten men and two women. You cannot send a fitter captain for the country than Capt.
Dymond, which will be as many people as the ship can carry. Illiterate. Signed, i p. [CO. 5,
639, /0.T. 103-104^.]

7 Lieut. -Governor William Gooch to Council of Trade and Plantations.

January 8. The settlement of the boundary of the Northern Neck grant having
been particularly recommended by you as well as earnestly desired by everybody here,
I must not neglect giving you an account of the progress hitherto made therein lest any
delay should be imputed to me or to those chosen for that service. Though Lord Fairfax
arrived in Virginia the beginning of May 1735 and I then waited on him on board the
man-of-war, it was i4th October following before he gave me H.M.'s order-in-council
and your letter. This falling in with the business of the general court and the winter
drawing on when it was impracticable to enter upon a work of that nature, all that
could be done was to appoint fit persons to be commissioners that they might concert
with Lord Fairfax the proper measures for dispatching that business when the season of
the year, which is only in the fall, would admit. Accordingly commissioners were named
on H.M.'s behalf and notice given of it to Lord Fairfax, then at my house, whose agent
soon after attending told me in council he had authority from his lordship to nominate
for him the same commissioners that were appointed for the King, provided they were
members of H.M.'s council (which they were, Mr. Byrd, Mr. Robinson and Mr. Grymes)
on whose honour and integrity he would rely to do equal justice. September last being
the time fixed for going out upon the survey, it was thought fit to acquaint Lord Fairfax
that since he was determined to submit the settlement of his bounds to H.M.'s commis-
sioners it was expected he should by some instrument under his hand empower them to
act for him and that the time limited by H.M.'s order would allow of no longer delay.

Now though his lordship, who was now too at my house, continued to approve of
his choice of the King's commissioners, yet when they waited on him for his instructions
and orders the powers he gave them were so different from the terms of H.M.'s order
and to a memorial his lordship delivered in to me in April 1736 that they were thereby
restrained to view and survey, not allowed to mark and settle the boundaries as had
been agreed upon at home. When I reasoned with him on this surprising change, he
told me notwithstanding what had been done in England by his solicitor, of which he
declared himself ignorant though I put him in mind of the memorial to me expressing
the very words of the order for settling his bounds, he absolutely refused giving any
other authority; and thereupon it was the next day unanimously advised by the council
here that H.M.'s commissioners should not accept of such confined powers, so contra-
dictory to H.M.'s order and to the commission they had received from me, and that they
should proceed on the service without loss of time in case Lord Fairfax would not
appoint others to act for him.

This resolution moved his lordship to name other gentlemen (and indeed it was
doing what before we had any dispute I always desired him to do) ; but he still insisting
that he would consent to nothing more than to have the rivers Rappahannock and
Potomac with their several branches and rivers falling in to them traced upwards and
surveyed to their fountains, rather than the service should suffer by this turn it was
agreed to send surveyors on both sides to measure and plat down the courses of both
those rivers. Accordingly H.M.'s commissioners at a day appointed in September last
met his lordship's at the falls of Rappahannock and having selected the ablest surveyors
gave them their instructions and bound them by an oath with verbal orders to go on

6 STATE PAPERS COLONIAL [8

with as much expedition as was consistent with the care and circumspection their work
required and when they had finished to lay their plats before them who, whatever his
lordship's commissioners may do, intend if possible in pursuance of the royal order to
give their opinion of his lordship's bounds from the words of the grant.

The surveyors appointed for Rappahannock in about two months finished their
survey to the headsprings of all the rivers which run into that river. But the others who
were sent upon Potomac have been gone near four months and I have not yet heard of
their return. Thus this matter stands at present, and I thought it my duty to lay it before
you that you may not be induced to believe any delay has been occasioned on the part of
this government. And when the report of the whole is transmitted to you we shall take
care to be as particular as we can.

Capt. Ball having failed in his trial of making Brazil tobacco, the project is entirely
dropped. For though he has offered himself with suitable encouragement, to go once
more to that country in order to be master of the manner of curing and the art of making
such tobacco, yet the gentlemen here considering the difference of soil and presuming
the tobacco is of another kind are determined to be at no further expense about an
undertaking so precarious with so distant a view of advantage. The Acts and journals
of the last assembly with the other public papers have been waiting some time for a
proper conveyance, but they shall be sent with the first ship bound for London. Signed.
z\ pp. Endorsed, Reed. 26 April, Read 29 April 1737. [CO. 5, 1324, fos. 35-36^.]

8 Lieut.-Governor William Gooch to Duke of Newcastle. The want of
January n. a regular conveyance has obliged me to delay the sending the journals

and Acts of the last session of assembly and the other public papers of this government
which I now transmit to you by the Micajah & Philip of London, James Bradby master.
Amongst these Acts there is one for confirming and better securing the titles to lands
in the Northern Neck held under Lord Fairfax which I am in behalf of many of H.M.'s
good subjects to request your favour in obtaining to it the royal assent and approbation;
and as it contains nothing derogatory to the King's prerogative or injurious to the
right of Lord Fairfax as proprietor, who was present and consenting to its passing, and
is only calculated for quieting the possessions of those who have bona fide purchased
lands though under defective titles or informal conveyances, it is hoped there will be
no objection to its receiving H.M.'s confirmation. I shall not trouble you with animad-
versions on the other Acts or public papers sent herewith. You will be better pleased to
hear the country remains in tranquillity and the people in a dutiful obedience to their
sovereign, cultivating the arts of peace and flourishing in their trade, than to be enter-
tained with a long detail of our particular laws which are of little weight when compared
with the important affairs of Europe wherein you have so large a share. Signed, i p.
Endorsed, Reed. 23 May. [C.O. 5, i$$j,fos. 187-188^.]

9 Francis Wilks to Alured Popple, acknowledging letter concerning
January u. bills of credit current in Massachusetts Bay. In December 1732 there

was circulating i"j6,2.oot. of which only i6,joo/. were issued by
Governor Belcher, the rest before his time. The several Acts passed at the times when the
said bills were issued appoint certain periods for their being called in by way of tax and
sunk, which I apprehend has been strictly observed by Governor Belcher. A copy of
the account I received dated December 1732 you have enclosed. I apprehend you mistake
the design of the Acts passed for supplying the Treasury since Governor Belcher's time
by supposing that the bills therein mentioned to be lying in the Treasury and ordered
to be issued for the service of the government are an increase of paper money contrary

IQ] AMERICA AND WEST INDIES 1737 J

to H.M.'s instructions. I don't understand it to be so; and to explain my notion of it
will suppose the province wanted a sum of money to defray the charge of government
and instead of their method of coining bills and paying them away to answer the de-
mands of those in the government service they had borrowed a sum of money, say io,ooo/.
of A.B. in 1720, and pass an Act at the same time that he should be paid out of money
raised by a public tax in 1730; at which time according to their method an estimate
would be made how much was necessary to be raised that year for defraying the charges
of the government, which suppose 2o,ooo/., and to that they add the io,ooo/. borrowed
of A.B. in 1720. An Act of the General Court would then pass for calling in or raising
by way of tax 50,000!. ; when the same is accordingly brought into the Treasury another
Act or resolve passes for paying A.B. io,ooo/. (which answers to their method of burn-
ing) and the other 20,000!. to be issued for the uses it was raised of defraying the charge
of government. I think it plain if so much be brought into the Treasury every year and
paid, burned or otherways sunk as is appointed by former Acts at the time of issuing
the said paper money then current the whole must be sunk according to the design of
those Acts which first gave them a currency. It is no matter how much more is brought
into the Treasury yearly it must be issued again by the public authority for the service of
the government or the country cheated of what is not. There is no other way of paying
their officers, etc., but by an order of the General Court for issuing money out of the
Treasury if any be there which has been brought in for that purpose. The particular
payments are now made by the Treasurer by virtue of orders signed by the governor
with consent of the council; formerly the treasurer could not pay any such orders without
being also approved by the assembly. By the enclosed account I observe 1 2,ooo/. is to be
brought in and sunk in 1737. If in that year a war with the Indians should happen which
as formerly may occasion an additional charge of 5o,ooo/. per annum they have no other
way of providing for this but by levying a tax which shall amount to 62,000!., 12,000!.
thereof to be burned as directed by the Act in May 1727 when the same was first issued,
and the other jo,ooo/. to be again issued out of the treasury for such uses as the General
Court shall direct. I understand what is meant by H.M.'s instruction (that only 30,0007.
shall be current at one and the same time) refers only to what paper currency should be
coined or first issued after the arrival of said instruction without regard to what was
then current and which I believe has been duly regarded. After 1741 there cannot be
more than 3o,ooo/. current at a time according to said instruction. Signed. $\pp. Endorsed,
Reed., Read n January 1736/7. [CO. 5, %-j<),fos. 87-89^.]

10 Minutes of Common Council of Georgia. Ordered, that 266 barrels of

January 12. rice and 7 cases of skins on Two Brothers, Capt. Thomson, be entered
ace Court - as imported and sold. Ordered, that a bill of exchange dated 29 Septem-
ber 1736 drawn by Mr. Oglethorpe for 200!. to John Crockat or order be accepted and
paid when due; notice was taken that the bill was drawn four days after the advertisement
in the South Carolina Gazette that the Trustees would pay no more bills but sola bills,
Mr. Oglethorpe acquainting the board that he was then at Frederica and had then no
notice of the advertisement and that the bill was drawn for important services. Ordered,
that iooo/. be paid into the hands of Aid. Heathcote on account; signed a draft on the
Bank of England for the said sum. Ordered, that ioo/. be paid to the accountant for his
extraordinary trouble in attending the Trustees' business at the Custom House and in
making, checking and accepting the sola bills and other business. Signed a draft on Bank
of England for 5oo/. for payment of sola bills. Ordered, that a letter be sent to Mr. Jenys
to send back the sola bills for 1 5Oo/. which were sent to Mr. Oglethorpe but not received
by him before he left Georgia. 2\ pp. [CO. 5, 690, pp. 4*-44-]

8 STATE PAPERS COLONIAL [ll

1 1 Minutes of meeting of Trustees for Georgia. Mr. Oglethorpe reported
January 12. his proceedings in Georgia and the present state of the colony and

laid before the board two treaties concluded between Georgia and the
Spaniards at St. Augustine. Resolved, that Mr. Oglethorpe be congratulated on his safe
return and thanked for his services to Georgia; and that John Tanner be thanked for
services to Georgia reported by Mr. Oglethorpe. Ordered, that letters of thanks be sent
to Capt. Windham and Capt. Gascoigne for services to Georgia ; that the secretary desire
the Council of Trade and Plantations to put off to-morrow's conference in regard Mr.
Oglethorpe is but just arrived. 2 pp. [CO. 5, 686, pp. 345-346.]

12 Alured Popple to Benjamin Martyn requesting the presence of some
January 13. of the Trustees for Georgia at Council of Trade and Plantations on

Tuesday next. Signed, i p. [CO. 5, 63 9, /w. 23-24^.]

13 Council of Trade and Plantations to the King, recommending Thomas
January 13. Harrison to be a councillor of Barbados in the room of Mr. Peers,
Whitehall. deceased. Entry. Signatories, Fitzwalter, M. Bladen, James Brudenell,

R. Plumer, T. Pelham, Arthur Croft. \p. [CO. 29, 16, p. 58.]

14 Benjamin Martyn to Capt. James Gascoigne and Capt. Charles Wind-
January 13. ham. The Trustees being acquainted by Mr. Oglethorpe of the many

Georgia Office. serv j ces y OU h ave done the colony of Georgia have voted you their
thanks and have no doubt of the continuance of your good offices. Entry. \ p. [CO. 5,
667 Jo. 3.]

15 Harman Verelst to Paul Jenys. By the Brooke, Capt. John Keat, who
January 13. sailed from England in September last I sent you a cask containing

Georgia Office. see d s an d papers, four tubs of bamboo plants and a box and cask of
medicines for Georgia, together with a letter for Mr. Oglethorpe, which had not arrived
to 20 November last. If they are still in your hands, return the square box to the Trustees
by first opportunity to be delivered by the captain's own hand, return Mr. Oglethorpe's
letter to him, and send the seed and other parcels to Mr. Causton. Entry, i p. [CO. 5,
667 Jo. 3-3</.]

16 Harman Verelst to Thomas Causton, by Mr. Brathwaite on Capt.
January 14. Nickleson's ship. The Trustees have ordered me to write to Mr. Jenys

Georgia Office. for ^ retum of a square box sent by the Brooke, Capt. John Keat.
[See No. 1 5 .] But if Mr. Jenys has forwarded them to Georgia before he receives my
letter, the Trustees desire you will send back the 1 1 books of sola bills which were in
the said box and pack them safe with directions to be forwarded from Charleston to
England by first opportunity and delivered to the Trustees by the captain's own hand.
You need not mention what they are, though they can be of no use, Mr. Oglethorpe
not being in Georgia to endorse them.

I have enclosed to you the method of sowing the barilla seed. Mr. Oglethorpe
desires you will send to Mr. Woodward to furnish to Mr. Horton's order 5o/. in cattle or
other livestock or to pay that amount for livestock purchased on Mr. Horton's account;
and you are to post the same to Mr. Horton's account with the Trustees for labour etc.
You are to show Mr. Brathwaite who goes to Charleston by this ship and has a settle-
ment near Georgia what civilities you can at Savannah and in case he shall have occasion

l8] AMERICA AND WEST INDIES 1737 9

for boats or any other conveniences to recommend him to such persons as will use him
best and he will pay the charges.

The Trustees desire you will send up a messenger to the Cherokee Indians to acquaint
them the Trustees intend to make them a return for the skins they last sent to Savannah
and they would be glad to know what would be most acceptable to them. It is of the
greatest service here to know the real situation of Georgia from time to time and the
Trustees desire you will for that purpose keep a constant diary of what happens in
Georgia and send a copy thereof on every occasion that offers for a regular information.
Entry, i^ pp. [CO. 5, 66j,fos. 3^-4.]

17 Thomas Causton to Trustees for Georgia. Since my last, the Upper
January 16. Creek Indians have been here to whom I judged there was a necessity

to give presents : account thereof enclosed. Effa Mico, Dog King of
the 'Euphaulees' having made a complaint as mentioned in my proceedings in the
execution of justice, I sent the enclosed orders to Lieut. Willey in the Creek nation. Also
enclosed are copies of issues and receipts of stores since Mr. Oglethorpe left to ist inst.,
copies of such balanced accounts as I could get hitherto transcribed as well with regard
to Mr. Oglethorpe's account when here as those since to the same time, and inventory
of stores taken 2 3rd November last. The first three months of former accounts are not
yet finished but hope to send them per next opportunity. The people are all in good
health both here and at the southward but have no material advices at present from any
parts. I am very much disappointed in the purchase of provisions, meeting with many
promises and few performances, Mr. Bryan in particular who contracted with me having
at last sent me only 20 barrels of beef which was so indifferent that at other times I would
not have taken it. Mr. Eveleigh has at length sent me about the same quantity and Mr.
Woodward still promises to send me a large quantity. To depend on Carolina at any
time is very uncertain and the vessels from New York are generally loaded with trifling
things. Capt. Ellis from Philadelphia is arrived at Frederica but has brought neither meat
nor butter: he has flour and beer but he asks (as I am informed) 14^. per cwt. for his
flour and 4OJ-. per barrel for his beer. As I cannot judge at this distance whether it is
worth it or not I can only say that I have generally bought here very good flour a York
at 9-f. 6d. or icxr. per cwt. and beer at zzs. or 23^. per barrel; therefore am not likely to
take any of his goods. I have written at the request of Abraham Minoss to his corres-
pondent Jacob Franks at New York empowering him to buy 200 barrels of beef, 50
barrels of pork and 30 firkins of butter, and have undertaken to pay him in present money
in expectation that your sola bills will arrive, he being to take them as money. I shall
therefore certify the particulars of the goods when received and advise the issuing the
bills accordingly. Signed. i| pp. Enclosed,

17. i. Same to Alexander Wood; Savannah, 12 January. Effa Mico, Dog King
of the 'Euphaulees', has complained that you have frequently killed his cattle and
that you have slighted him and treated him ill. In obedience to the Trustees' orders
I require you to make him satisfaction two-fold for the injuries you have done him.
Mr. Willey is to see that these things are done. Copy. p.

17. ii. Same to Anthony Willey, dated as preceding, to execute the above order
and report. Copy. ^ p. [C.O. 5, 6}<),fos. 114-116^.]

18 Philip George Prederick von Reck to James Vernon reporting his
January 17/28 (N.S.) arrival in Hanover; has heard the good news of Mr. Oglethorpe's

anover. arr i va i. French. Signed, Reck. 2 small pp. [CO. 5, 639, /oj. loo-ioik]

10 STATE PAPERS COLONIAL [19

19 Governor William Mathew to Duke of Newcastle. After all my

January 17. repeated endeavours to obtain in these islands quarters for H.M.'s
regiment stationed among them, I found my solicitations were in
vain, and indeed I never saw the condition of the sugar planters reduced so low, even to
indigence, though for near 30 years I have been concerned here. I could not afore acknow-
ledge your commands relating to the French settlements on St. Lucia and Dominica.
When those orders came to hand the hurricane season was just set in and H.M.'s ships
of war, from whom I could best get information on that head, were then laid up in
English Harbour. This is the first opportunity since their going again to sea that I have
had for informing you that after a pretended show of removing the French from St.
Lucia by their general's orders, I cannot find but that they are returned to take off their
crops of cotton, and many still remain on that island if not as many as ever. But as for
Dominica, they never recalled any of their French from thence that I can learn; but
they are daily increasing and even under a form of government with the French general's
knowledge if not with his commission. I hope I am not deceived in the accounts I
mention about St. Lucia. But your information from Barbados must be very certain, as
that island as well as Dominica is within the extent of that government.

You have been since pleased to order my providing for a son of Major Cleland's: I
had formerly given him a gunner's place in this island which with a place he has of
waiter in the Custom house is a tolerable maintenance for him. I am now removing him
to St. Christopher's to a gunner's post there of double the value of this he has here, and
I shall find something else there to add to it very soon. What stops me a little at the
present is to contrive with Mr. Dunbar, the surveyor general of the Customs, that he
may also be a Custom house waiter there as he is here; and then he will have a handsome
competent maintenance. Signed. ^ small pp. "Endorsed, Reed. 2 April. Extract send to
Lord Waldegrave, April 1737. [C.O. 152, 44, fos. 87-88^.]

20 Same to Council of Trade and Plantations. I now transmit to your

Januaty 17. secretary a box containing public papers to be laid before you, of
which I send him a list. This will serve to enclose an account of a most
dangerous conspiracy of the negroes to destroy all the white inhabitants of this island.
It is a report of the justices to whose care that discovery was committed and who tried
and condemned the 47 conspirators therein mentioned, and is so full that I can add
nothing to it but pray you will regard the methods proposed for the future safety of
this and other H.M.'s colonies where so great numbers of negroes encourage such
dangerous attempts. These gentlemen being quite fatigued and wearied out by a long
attendance I was forced to appoint five others to go on with the trials, and since their
meeting 2 5 more negroes have been burnt. I hope they will in good time put an end to
these executions; I think they are very numerous. By a law of this island justices of the
peace have full power to try and condemn negroes and they too sign all warrants for
executions as they have all along done in relation to this conspiracy. The contagion has
spread farther among these islands than I apprehend is discovered: by an enclosed
affidavit of John Hanson, it actually has taken effect in St. Bartholomew's and is dis-
covered in Anguilla and St. Martin's. Out of this evil Antigua has gained an advantage
I have long laboured for in vain: the whole militia now is armed and with bayonets
and have been taught the use of them. God preserve the other islands from such an
attempt: they are hardly convinced there really was a conspiracy here, their militia
undisciplined and almost unarmed. I formerly informed you how I was disappointed in
getting bayonets introduced into the militia of St. Christopher's; and in a negro war
where you are attacked with despair and greatest rapidity, can a fire keep off multitudes

20] AMERICA AND WEST INDIES 1737 II

from breaking in upon a few with bills and cutlasses, for these are the negro chief
weapons ? Is not the bayonet the only weapon to stop such onsets ? Till this affair is
quite over I cannot leave the island to go down to the others though I hope for very
little good from what I shall urge to people in the utmost security. Signed, PS. I enclose
William Fisher's deposition relating to a Spanish garde-cote or privateer. She took since
a sloop bound from Carolina to Barbados, Higginbottom master, and a sloop from
Anguilla bound to Rocas turtling. She is fitted out from Cumana; as the governor there
restores a rich New York sloop bound from Madeira to Jamaica at my request, and we
have begun a correspondence of civilities, I hope to get again the Anguilla sloop. 3^ pp.
Endorsed, Reed. 18 March, Read 22 March 1736/7. Enclosed,

20. i. Affidavit of William Fisher of Antigua, sworn before Governor Mathew
in Antigua, 13 November 1736. Deponent was sailing in the Fanny of Antigua,
Thomas Nanton master, to St. Vincent; but being obliged by calms to steer far to
the south, was taken about 4 September by a Spanish sloop of 69 men. The six white
men aboard the Fanny were stripped naked by the Spaniards and severely whipped;
one, Timothy Nibbs, was wounded with cutlasses. They were placed by the Spaniards
on a desert island called Grand Rocas. Five days later the Spanish ship returned and
took another English sloop belonging to Nevis: these men also, deponent under-
stands, were cruelly used. After 4 more days, deponent and company were taken off
by a Dutch vessel; but this ship was later taken by the same Spaniards. The Dutch
were used with even greater cruelty : the captain's right hand was cut off and in the
sight of this deponent . . . 1 broiled it and made the Dutch captain eat it. The
Spaniards finally left deponent and others at Salt Island whence they were taken off
by a Dutch ship. Copy, certified by William Mathew. i\pp-

20. ii. Affidavit sworn by John Hanson of Antigua before Governor Mathew,
in Antigua, 23 December 1736, reporting news that the French governor of St.
Martin's, M. Pymon, had been asked to help to suppress a rebellion of negroes in
St. Bartholomew's. Such a conspiracy was discovered in St. Martin's also and it was
reported that the Anguilla negroes were to join those of St. Martin's. Copy, certified
by William Mathew. i p. Endorsed, as covering letter.

20. iii. Antigua, 30 December 1736. Report to Governor Mathew of an enquiry
into the negro conspiracy. The slaves chiefly concerned were those born on the
Gold Coast whom we style coromantees, led by Court a slave of Thomas Kerby;
and those born in the colonies whom we call Creoles, led by Tomboy a master-
carpenter belonging to Thomas Hanson. Court, we are told, was of a considerable
family in his own country, brought here at ten years of age, and covertly assumed
among his countrymen here the title of king. Both men were well-treated by their
masters, Tomboy being allowed to take negro apprentices and make all the profits
he could. The other principals were Hercules, Jack, Scipio, Ned, Fortune and Toney,
all Creoles except Fortune who was either a creole or brought here as an infant. The
most active incendiaries under Court and Tomboy were Secundi and Jacko, both
Creoles of French parentage and both initiated into the Roman Catholic religion.
Their employments were crafts, overseeing and house-service. When and by whom
the design was first begun cannot be certainly fixed; probably it was by Court, and
we know that it was in agitation about November 1735. The chief measures taken
to corrupt our slaves were entertainments of dancing and feasting under colour of
innocent pretences ; those corrupted were bound by oaths. A new government was
to be established when the whites were extirpated: Court was flattered by all with
being king, but the Creoles had privately resolved to settle a commonwealth and

1 Document torn.

12 STATE PAPERS COLONIAL [20

make slaves of the coromantees. In order to make proof of numbers Court resolved
upon one grand test to be done in daylight by a military dance, of which whites and
negroes not in the secret would be spectators yet ignorant of the meaning. It is the
custom of Africa when a coromantee king has resolved on war to give public notice
that the ikem-dance will be performed. The king appears at the place appointed
under a canopy with his officers of state, guards and music, the people forming a
semicircle about him. The king then begins the dance, carrying an ikem or shield of
wicker and a lance: when fatigued, he delivers the ikem to the next dancer. When
several have danced, the king dances again with his general and swears an oath to
behave as a brave prince should or forfeit his life. If he is answered by three huzzas
from those present it signifies a belief that the king will observe his oath and an
engagement to join him in the war. This dance Court exhibited on 3 October last,
and took the oath; Tomboy was the greatest of the generals. The bystanding slaves
huzzaed three times, the coromantees knowing but the Creoles not understanding
the engagement entered into. Some of the coromantees, knowing that a war was
intended, tried to stop the dance being performed.

The method first proposed for executing the plot was that Tomboy should
procure the making of the seats for a great ball to be held on 1 1 October last, at
which all the people of note in the island would be present. He was to contrive laying
gunpowder in the house to be fired when the dancing was in progress. Three or four
parties of 300-400 slaves were to enter the town and put the whites to the sword;
the forts and shipping in the harbour were to be seized. The ball, however, was put
off to 30 October, whereupon some conspirators wished to act immediately; but
Court persuaded them to defer action till then. Signs were not wanting of the im-
pending danger, and these led the governor to order an enquiry which led to the
discovery of the plot, much owing to the confessions of the various slaves. On the
evidence of the facts discovered, the first twelve of the conspirators in the annexed
list were executed. Further examination, however, caused us to see that much
remained to be done; by various evidences, 35 more slaves were executed and 42
more, the evidence against them being less full, are recommended for banishment.
All those executed or recommended for banishment are known to have taken the
oath : this was by drinking a health in liquor with grave-dirt and sometimes cock's
blood infused, and sometimes the person swearing laid his hand on a live cock. The
general tenour of the oath was to kill the whites. The execution of the first twelve
did not break the conspiracy, for at least 50 took the oath on 26 October last after
the executions.

We may say with certainty that the particular inducement to the slaves to set
this plot on foot, next to the hope of freedom, was the inequality of numbers of white
and black. We think gentlemen should reside on their estates ; that men of the best
figure and fortune should not put slights on the commissions of peace and militia;
that slaves should not become craftsmen, overseers or tradesmen; that more of our
menial servants should be white ; and that no fiddlers for gain, except white, should
be suffered. The presence of the King's troops was heartening to us and intimidating
to the slaves; we could do with more. A person called Mulatto Jack was brought
before us as a criminal slave concerned in the plot: but he alleged that he was free
born in Ireland and stolen thence and sold here as a slave. We think he proved his
allegation, and we submit it to the legislature whether this mitigates his crime. A
free negro named John Coteen and a free mulatto called Tom were likewise charged
before us. Jack and Coteen, were slaves' evidence admitted, are undoubtedly guilty;
but the evidence against Tom is not strong. As it is not in our power to try free

2l] AMERICA AND WEST INDIES 1737 13

persons we submit their cases to the legislature. We propose that the slaves who
made the discovery should be rewarded : this will help to make them more distrustful
of one another. We recommend for public consideration the diligence of the follow-
ing constables, James Hanson, John Bolan, Gustavus Christian, John Libert, Hugh
Shewcroft, Mr. Davison, and Richard Jackson. We also pay tribute to you for your
encouragement and vigilance in putting the country into the best posture of defence
it has ever been in.

As this horrid conspiracy cannot but be heard of wherever people hold correspon-
dence with Antigua, it will no doubt be variously animadverted upon; and as slavery
is the very odium of Englishmen some of our countrymen may do it to our dis-
advantage. Yet slavery is among us not of choice but of necessity, and unless (as it
is not to be imagined) our mother-country should quit the trade of the sugar-colonies
Englishmen must continue to be masters of slaves. There were two steps in particular
taken by us in our enquiry which might have been excepted to. First, trying the
criminals privately and excluding all whites except the constables, and twice or
thrice whites who were not masters of slaves. We found our proceedings much
retarded by whites asking questions, especially masters of slaves under examination.
Secrecy was necessary to prevent the flight of those on whom suspicion might fall.
Secondly, admitting slaves to be witnesses after conviction of what we termed a
treasonable conspiracy. There is little weight in this. A slave is not a person known
by the laws of England, and in the eye of our laws is the same person after conviction
as before, being incapable of giving evidence except against each other. Slaves can
lose no credit nor have their blood corrupted nor forfeit property nor suffer dis-
ability by attainder. By an act of this island it is expressly left to the discretion of the
justices to examine slaves as witnesses and to give what credit to his testimony they
think it deserves. We always made considerable allowances for the hopes and fears
of those under conviction, and we have leaned more to the merciful than the severe.
An Act being passed for inflicting torture on persons suspected of the plot, we three
times made fruitless experiment thereof, and then declined further use. Signatories,
John Vernon, Ashton Warner, Nathaniel Gilbert, Robert Arbuthnot. 8 large//). List
of slaves proposed to be banished, 15 December 1736: 42. Witnesses to be sent off:
7. Slaves executed: 47. Fled from justice: 2. Free negroes in prison: 4. [Nams of
staves and owners given.} 2 pp. Certificate by three of the commissioners of the praise-
worthy industry of Robert Arbuthnot to whom under God the preservation of all
that is dear to us is in great measure due. Antigua, 30 December 1736. Signatories,
John Vernon, Ashton Warner, Nathaniel Gilbert. \ large p. Copy, examined by
William Mathew. Endorsed, as covering letter. [C.O. 152, zz,fos. 302-303^, 306-3074
3 1 1-3 2 3</.]

Tanuar 17 Governor William Mathew to Alured Popple, transmitting under care
Antigua. of John Masters, commander of the snow Eagle, minutes of assembly
of St. Christopher's, i March 1734/5 to 29 November 1735; minutes of council and
assembly of Montserrat, 25 June to 25 December 1736; Act of Antigua for better dis-
covery of conspiracies ; Act of the same for relief of insolvent debtors ; Act of the same
for adjourning the four courts of King's Bench and Common Pleas. The negro con-
spiracy made the first and third of these laws absolutely necessary but how ineffectual
the first proved may be seen from the enclosed report on that affair. The Act for the
relief of debtors is not the first of the sort made here and is agreeable to the law of
England as far as the circumstances of this island would permit. I send also abstracts of

14 STATE PAPERS COLONIAL [22

certain records of births, marriages and deaths. Signed. PS. I have put also in the box an
Act of Antigua for continuing John Yeamans agent for that island for three years longer.
I just now learned from Mr. Coope the favourable countenance you show him and Mr.
Yeamans on my behalf, for which I ever shall retain a true sense of gratitude. 2 \ pp.
indorsed, Reed. 18 March, Read 22 March 1736/7. Enclosed,

21. i. Abstract of christenings and burials in parish of St. Philip, Willoughby
Bay, Antigua, 31 October 1733 - 31 October 1736. Christened: 48 males, 35 females.
Buried: 42 males, 24 females. By John Bernonville, clerk, minister of the parish, i p.
21. ii. Same, in parish of Trinity Palmeto Point, St. Christopher's, 30 October
1735-30 October 1736. Baptized, 20. Marriages, 2. Burials, 16. By John Merac,
rector. \ p.

21. iii. Same, in parish of St. Thomas, Middle Island, St. Christopher's, for same
period as ii. Baptized, 32; marriages, 5; burials, 33. By John Merac. \ p. Endorsed,
as covering letter. [CO. 152, 22,fos. 304-305^, 308-310^.]

22 Henry McCulloh to Alured Popple. Governor Johnston by his letter

January 17. to me seems very desirous of their lordships' opinion of the methods
he has taken in collecting the quit rents. Hitherto the planters have paid their arrears
of quit rents without considerable opposition but it is now to be feared that as a result
of the insinuations made to them that the governor's conduct is not approved they will
not pay as readily. It will be necessary that their lordships should express themselves
fully on this head before the next collection of quit rents in the spring. Their lordships
having approved the erection of a court of exchequer, they should order the governor
to put the laws of that court in execution against those who refuse to pay their quit rents.
They should also take notice immediately of the long established practice of the people
of the colony of boxing pine trees for turpentine and burning light wood for pitch
without taking out any regular patents for the lands, which has been of great disservice
to H.M.'s revenue. There are many people in the colony who bear great resentment
against the governor on this account, believing that what he has done to stop them
destroying the King's woods is not by virtue of instructions from their lordships but
proceeds from an arbitrary disposition in himself. The governor in his letter to me also
mentions the necessity of continuing the assembly longer than two years ; in the un-
settled state of the colony frequent elections would introduce great disturbances amongst
the people. The privilege claimed in the biennial assembly of meeting without any writ
or summons from the governor appears very extraordinary and entirely inconsistent
with H.M.'s privileges. Governor Johnston begs that his letter be taken into con-
sideration by their lordships as soon as possible as there will be an opportunity of reply-
ing by way of Virginia in about ten days. In case their lordships should disapprove of
any part of the governor's conduct (which I hope they will not) they are asked to write
two letters to the governor, one containing only such things as are approved, and the
other containing such matters as their lordships are pleased to direct in a private manner.
Signed. 2pp. Endorsed, Reed. 17 January, Read ii February 1736/7. [CO. 5, 295, fos. 72,
, 75,

23 Alured Popple to Governor Jonathan Belcher. The Council of Trade

January 18. and Plantations have received a petition from Samuel Graves of

Whitehall. Kingston, New Hampshire, to Col. Dunbar, lieut.-governor of that

province, complaining of hard treatment in having been dispossessed of his house and

land in Kingston by virtue of a judgment obtained at the suit of some of the inhabitants

26] AMERICA AND WEST INDIES 1737 *5

of Haverhill in Essex county, Massachusetts, in May 1734 at the superior court of the
said county, copy of the said petition is sent enclosed. It appears by the petition that the
house and land in question are not within the bounds of Massachusetts and that even
yourself had suspended the judgment of that court until the boundaries between the
two provinces should be adjusted upon a supposition at least that there might be some
doubt as to the situation of the said lands. Their lordships therefore are extremely
surprised that you should afterwards take off your order of suspension and direct the
putting the judgment of the court in execution upon a single suggestion of your own
and without the least foundation, that the boundary lines would never be settled; they
desire your immediate answer to this petition and that until the lines are settled you will
prevent the courts of either of the provinces under your government to intermeddle in
the affairs of the other upon any pretence whatsoever. Entry, z pp. [CO. 5, 917, /0. 81,
%id; draft in CO. 5, 897, fos. izi-izzd.]

24 Same to Lieut. -Governor David Dunbar, enclosing No. 23. Take care
January 19. that the same may be delivered to Governor Belcher. For your own

information I send you a copy. Entry, i p. [CO. 5, 917, fo. 82; draft in
CO. 5, 896, fos. 89-90^.]

25 Same to Governor Richard Philipps. It appearing by a letter from
January 19. Captain Lee, governor of Newfoundland, 25 September last, that

your company at Placentia is entirely unprovided with smallarms, an
extract of the said letter is sent for your information. Entry. % p. [CO. 195, 7, p. 404.]

26 Minutes of Common Council of Georgia. Ordered, that six bills of
January 19. exchange drawn by Mr. Oglethorpe 22 October 1736 for provisions

Palace Court. amount ing to 475/. I3/. n^d. payable to Robert Ellis be accepted and
paid when due ; notice was taken that the bills were drawn 27 days after the advertisement
in the South Carolina Gazette that the Trustees would pay no more bills but sola bills,
Mr. Oglethorpe acquainting the board that he was then at Frederica and had then no
notice of the advertisement. Another bill drawn by Mr. Oglethorpe 20 September 1736
for ioo/. to Capt. Macpherson to be also accepted and paid when due. The board con-
sidering the bill for joo/. drawn by Mr. Oglethorpe n May 1736 payable to Samuel
Eveleigh or order which was protested for non-payment pursuant to the refusal of the
Common Council of 4 August last, and Mr. Oglethorpe having acquainted the Common
Council that the said bill was drawn to prevent the Spaniards being supplied with guns
and duffels for the Indians and that part of the guns and duffels bought had been delivered
in Georgia and applied in presents to the Indians in friendship with the English and
that the residue was at Charleston ready to be delivered on a future occasion for presents
for the Indians or other purposes ; ordered, that the accountant pay the said bill and Mr.
Oglethorpe account for the same as above.

Louis Gammot of Louisiana of the Troupes Detachees de la Marine having been ex-
amined by the Trustees and having given an account of the French settlements and the
engagements between the Chickesaws and French; ordered, that two guineas be given
him. Resolved, that Ferdinand John Paris be appointed solicitor for the Trustees in
their cause with the government of South Carolina upon the representation of the latter
about the Act for maintaining peace with the Indians in Georgia. Resolved, that Mr.
Solicitor General Ryder, Mr. Murray, Mr. Charles Clarke of Lincoln's Inn, and Mr.
Taylor White be retained as counsel in the said cause. Resolved, that iooo/. be paid into

l6 STATE PAPERS COLONIAL [27

the hands of Aid. Heathcote; signed a draft on the Bank of England for the same.
Signed a draft on the Bank of England for 6oo/. for payment of sola bills. 4pp. [C.O. 5,
690,^.45-48.]

27 Minutes of meeting of Trustees for Georgia. Received, a receipt from
January 19. the bank for il. is., benefaction of John Brathwaite, for general
.a ace ourt. p ur p O ses. Read, representation to H.M. relating to lieut.-governor,

council and assembly of South Carolina having opposed the execution of an Act of
peace with the Indians in Georgia; sealed the same, secretary to countersign. The
Board considering a minute of the S.P.G. of 19 November 1736 suspending salary to
the missionary in Georgia, an answer thereto was drawn up to be sent to the said
society, secretary to sign. 2 pp. [C.O. 5, 686, pp. 347-348.]

28 Trustees for Georgia to Society for Propagating Gospel in Foreign
January 19. Parts. The Trustees at this time maintain two missionaries and a

catechist at their own charge in Georgia; they had hoped for encouragement from the
S.P.G. or at least that it would not have suspended payment of salary to the missionary
in Georgia before knowing what resolutions the Trustees had come to. Entry, i p. [C.O.
5, 670,^. 297.]

29 Petition of Trustees for Georgia to the King, complaining of the
January 19. obstruction by the government of South Carolina of the Act for main-

taining peace with the Indians in Georgia. They have passed an illegal ordinance for
raising aooo/. to indemnify traders from South Carolina in their contempts of this Act.
Thomas Wright, a transported convict, was employed as a licenced trader from Charles-
ton to animate the Indians against your subjects. Petitioners pray for orders to preserve
the peace. Entry, i^ pp. [C.O. 5, 670, pp. 295-296.]

30 Order of King in Council, on report from Committee for Plantation
January 19. Affairs, appointing John Roynon and Randal Fenton to be councillors

s s ' in Montserrat in the room of Anthony Hodges and John Roberts.
Copy, certified by W. Sharpe. 2 pp. Endorsed, Reed. 16 May, Read 24 May 1737. [C.O. 152,
Z2,fos. 341, 34i</, 346, 346^.]

31 Same, approving a report from the Committee for Plantation Affairs
January 19. an d appointing Samuel Burrows and Samuel Spofferth to be councillors

s s ' in Bermuda, vice Trimmingham and Shirlock, deceased. Copy, certified
by W. Sharpe. i| pp. Endorsed, Reed. 16 May, Read 24 May 1737. [CO. 37, 12, fos.
233-234^; warrants in C.O. 324, $7, pp. 41-42.]

32 Order of Committee of Council for Plantation Affairs referring the
January 21. following eleven Acts passed in Massachusetts in 1735-6 to Council

of Trade and Plantations for examination and report. Signed, W. Sharpe.
Seal. \p. Endorsed, Reed., Read 2 February 1736/7. Enclosed,

32. i. Certificate that the following Acts were passed: Acts for more effectual
regulating private trade with the Eastern and Western Indians; in addition to Acts
for support of ministers ; for more effectual collecting excise on strong liquors ; for
explanation of an Act for relief of poor prisoners for debt; more effectually to prevent
the counterfeiting bills of credit; to empower collectors of taxes to require aid; to
prevent unnecessary petitions; to prevent the destruction of fish called alewives;

36] AMERICA AND WEST INDIES 1737 17

for granting to Rowland Houghton of Boston the sole privilege of making the new
theodolite; for granting 3ooo/. for support of the governor; for altering the time of
holding the superior court, court of assize and general gaol delivery in county of
York. Signed, J. Belcher, J. Willard, secretary. Seal. i pp. Endorsed, Reed, from Mr.
Wilks, 15 December 1736.

32. ii. Copies of the above Acts. Printed. 10 pp. [CO. 5, 879, fos. 96-104^.]

33 Order of Committee of Privy Council for Plantation Affairs referring

January 21. the following to Council of Trade and Plantations. Sigied, W. Sharpe.
Seal, i p. Endorsed, Reed. 31 January, Read i February 1736/7.
Enclosed,

33. i. Petition of George Morley, James Wedderburn, Thomas Gadsden, William
Saxby senior, William Saxby junior, and Samuel Wheatley, patent and warrant
officers in South Carolina, to be heard against an Act passed there in May last for
ascertaining the fees of public officers. Copy, i p. [CO. 5, 365, fos. 183-185^.]

January 2* Governor Richard Philipps to [Alured Popple 1 ]. I received your letter
Stanwell. with copy of report from Capt. Lee setting forth that the company of
my regiment in the garrison of Placentia are entirely without smallarms, which report
(as he is pleased to express it in an ill natured way) I must say cannot be true in fact
unless the late captain, Mr. Gledhill, hath sold them. It is very probable the arms of that
company may be defective at this time and want repairing or perhaps renewing which
would certainly have been done three years ago when I furnished a set of new arms to
the other companies of my regiment in Annapolis Royal and Canso if I had been made
acquainted with their defect. I intend to wait on their lordships as soon as I am able,
being at present confined with a great pain and lameness in my knee, with a further
answer to Mr. Lee's report. Signed. i\pp. Endorsed, Reed. 23 January, Read 26 January
1736/7. [CO. 194, 10, fos. 45, 45^, 51,

35 Memorial of Peregrine Fury, agent of South Carolina, to Council of
[January 25.] Trade and Plantations, requesting the postponement of the hearing of

the case of the injuries done to South Carolina by the magistrates and people of Georgia.
i p. Endorsed, Reed., Read 25 January 1736/7. [CO. 5, 365, fos. 179, 179^, 182, 182^.]

36 Extract of letter from Committee of Assembly in South Carolina to
January 25. Mr. Fury, agent to the province. The lieut.-governor has received

advice from Commodore Dent at Jamaica of a formidable force intended by the Spaniards
against Georgia; he has sent particulars to the Duke of Newcastle. It is the desire of the
general assembly that you should wait on such of H.M/s ministers as you judge proper
to assure them that this province will exert their utmost strength in defence of Georgia.
But it will be absolutely necessary for you to represent to them at the same time the
weak and defenceless condition of the province and how incapable we are of helping
ourselves. Our taxes are already become almost insupportable and it will be with the
greatest difficulty that we shall be able to raise new supplies since our present currency
will decrease so fast and we have no hopes of more but from H.M.'s goodness in assent-
ing to the Act passed by the late assembly. We must not presume to point out the method
in which we are to be assisted, but if our informations are just, and we think we have
no reason to question them, the Spaniards are preparing a much superior force to any

1 See No. 25.

Z XLIII

l8 STATE PAPERS COLONIAL [37

that we can raise. The ships of war which are on this or the northern stations consist of
20 guns only : the Spaniards at Havana have ships of 70 guns and great numbers of men
ready to embark on the first notice. From the west end of Cuba to Georgia is a short
and easy passage. If Georgia or this province should be lost to the crown of Great
Britain the northern colonies will not be in the easiest situation. It must be left to H.M.'s
wisdom to determine how far they ought to contribute to our defence, i p. [C.O. 5, 388,
fo. 139.]

37 Council of Trade and Plantations to Duke of Newcastle, enclosing

January 25. copies of two letters received from President Hamilton of New Jersey
and Mr. Morris ; minutes of council ; and other papers transmitted to
us from thence. By a clause in the commission to the governor of New Jersey, in case
of the governor's death or absence out of the province, if no person is commissioned by
H.M. to be lieut.-governor or commander-in-chief, the eldest councillor whose name is
first placed in the instructions and who shall at the time of the death or absence of the
governor be residing in the province of New Jersey shall take upon him the administra-
tion of the government until the governor's return or the King's further pleasure be
known. By the loth article of the King's instructions to his governor of New Jersey
the place of any councillor absent above a year without the governor's leave or above
two years without the King's leave shall become void. When Col. Cosby died Mr. Morris
had been in England above a year without the governor's leave as appears by the report
of the council of that province here enclosed. Mr. Anderson therefore being the first
councillor residing in the province took upon him the government according to the
King's commission and held the same until his death, when Mr. Hamilton on 3 1 March
1736, the next eldest councillor and who was at that time residing in the province, took
the government into his hands by the advice of the council and at the same time qualified
himself for the administration thereof.

On 20 October last Mr. Morris who had been absent for nearly two years from the
Jerseys demanded in council there that the administration of the government should be
delivered to him, which having been refused by Mr. Hamilton the present commander-
in-chief of New Jersey, we acquaint you that in our opinion Mr. Hamilton being in
possession of the administration of the government of New Jersey in express conformity
to H.M.'s commission, he cannot without a breach of his duty give up the same to any
person whatsoever until H.M.'s pleasure shall be known. We are likewise of opinion
that Mr. Morris has forfeited his seat in the council of New Jersey unless he may have
obtained any licence of leave unknown to us for the time he has been absent from his
duty in that province and therefore very improper in his demand of the government
from Mr. Hamilton.

As Mr. Morris has taken upon him in a very unwarrantable manner to issue proclama-
tions and attempt other acts of government by which parties and divisions may be very
much fomented and increased in that province we desire you will lay this affair before
H.M. to receive his commands thereupon, by which the peace of the province may be
restored. Signed, Fitzwalter, T. Pelham, M. Bladen, Edward Ashe, Orlando Bridgeman.
. TELnclosed,

37. i. Extract of letter from President John Hamilton to Council of Trade and
Plantations, 22 November 1736. [See Cal. S.P. Col. 1735-36, No. 458.] Copy, i p.

37. ii. Shrewsbury, New Jersey, 5 November 1736; Lewis Morris to Council of
Trade and Plantations. A few days after my arrival at New York, I went to Perth
Amboy in New Jersey where I stayed some time before such of the council as were
alive and able to travel could be got together. I had heard that when they received

38] AMERICA AND WEST INDIES 1737 19

an account of my arrival at Boston they had entered into a combination not to
deliver to me the seals and other insignia of the government on a pretence that my
place was void in council by my being absent in England But as I went thither to
solicit my restoration to an office I was deprived of by Mr. Cosby for reasons which
upon a hearing were reported to be insufficient, I could not conceive that absence to
be within the meaning of H.M.'s loth and nth instructions; and this I thought
pretty clearly determined in my favour by H.M.'s additional instruction to me and
did not believe they would venture to dispute an authority that to me appeared to
be indisputable. Enclosed copy of minutes of council and letter or report of the
four councillors show that I was not misinformed and the printed proclamation
herewith sent in which they have omitted H.M.'s direction to me (which it appears
by the minute of council they were not ignorant of) shows some of the lengths they
have ventured to go in opposition to H.M.'s authority.

You have herewith copies of two proclamations I have published, the one for
the adjournment of the assembly, the other in obedience to H.M.'s instruction as is
therein recited. These they have taken down in several places and in others threatened
imprisonment to any that would set them up. And one Skinner, a missionary from
the S.P.G., being at this place to bury one Forbes, a missionary to this country,
forbade the clerk of the church on his peril to read or publish in the church the pro-
clamation concerning the form of prayers notwithstanding my orders to the clerk
for that purpose. This the clerk said, and I ordered one of my sons to read it.

The province is very much divided and distracted on this occasion and though
I do believe that I could and lawfully might raise force enough to overcome any
opposition yet in a young country as this is I choose to decline the use of violent
measures unless compelled by necessity, submitting the whole to H.M. Copy. z\ pp.

37. iii. Perth Amboy, 25 October 1736. Proclamation by President Lewis Morris
adjourning the assembly of New Jersey to 16 November next. Copy, i p.

37. iv. Same place and date as preceding. Proclamation by the same of H.M.'s
additional instruction to President Lewis Morris concerning form of public prayers.
Copy. i\pp.

37. v. New Brunswick, 29 October 1736. Proclamation by President John
Hamilton directing that no attention be paid to the proclamations of Lewis Morris
and requiring that the form of public prayers contained in an additional instruction
surreptitiously obtained by Lewis Morris should be observed. Copy. 5! pp.

37. vi. Extract of minutes of council of New Jersey, 31 March 1736. It was the
unanimous opinion of the board that John Hamilton take upon himself the adminis-
tration of the government. Copy. i| pp.

37. vii. Same, 20, 21, 29 October 1736, recording confirmation of previous
decision that John Hamilton should be president and order for the arrest of Lewis
Morris for emitting proclamations. Copy. 15 pp. [C.O. 5, 980, fos. 94-119^; entry of
covering letter in C.O. 5, 996,^. 394-398.]

38 Alured Popple to Benjamin Martyn. Mr. Fury, agent for South

January 25. Carolina, has received directions from Carolina not to proceed on the

complaint against the magistrates of Georgia until he has received

further instructions and proofs from the assembly of South Carolina. Consideration of

this matter has therefore been postponed. Signed, i p. [C.O. 5, 639, fos. 25-26^; entry in

C.O. 5, 401, pp. 197-198.]

2O STATE PAPERS COLONIAL [39

39 Same to Francis Fane, enclosing Act passed in North Carolina during
January 26. the government of the late Lords Proprietors relating to biennial and

other assemblies and regulating elections and members, together with
a memorial from Mr. Smith, chief justice of that province, presented in 1732 relating to
that and others laws of that province. 1 I am to desire your opinion whether the above
Act, which does not appear to us to have been confirmed by the Lords Proprietors, is
not by virtue of the constitutions and instructions mentioned in Mr. Smith's memorial
of itself void and of none effect. Your opinion in point of law is requested thereon, on the
difficulties mentioned in Mr. Smith's memorial and whether the aforesaid constitutions
continued in force since the King made the purchase of the province. Entry, \\pp, [C.O.
5, 323,70. 126, iz6d.]

40 Minutes of meeting of Trustees for Georgia. Mr. Vernon delivered
January 26. copy of letter from S. Urlsperger dated Augsburg, 15 January 1737

Palace Court. ^^ ^ N(X ^ Or dered, that a letter be sent to Mr. Bolzius at
Ebenezer to this purport, i p. [C.O. 5, 686, p. 349.]

41 Order of Committee of Privy Council for Plantation Affairs referring
January 26. the enclosed to Council of Trade and Plantations. Signed, W. Sharpe.

Seal \\ pp. Endorsed, Reed. 7 February, Read 8 February 1736/7.
Enclosed,

4i.i. Petition of Sebastian Zouberbuhler of the canton of Appenzell in Switzer-
land for a grant of land in South Carolina for the settlement of Protestant families.
[See A.P.C. (Colonial Series), 1720-45, />. 547.] ty pp. [C.O. 5, 365, fos. 186-191^.]

42 Council of Trade and Plantations to Duke of Newcastle enclosing the
January 26. following. Signed, Fitzwalter, Orlando Bridgeman, James Brudenell,

Arthur Croft, R. Plumer. i p. Enclosed,

42. i. Extract of letter from Lieut.-Governor Clarke to Council of Trade and
Plantations, 27 November 1736. [See Cal. S.P. Col., 1735-36, No. 470.] ^ pp. [C.O. 5,
1086, fos. 125-133^; entry of covering letter in C.O. 5, uz6,fo. 20.]

43 Benjamin Martyn to Alured Popple. The Trustees for Georgia very
January 28. much regret the postponement from 8 February of the hearing of the

Westminster^ complaints by South Carolina against the magistrates of Savannah;
especially since the delay is indefinite, so that living evidence may be
lost. They hope that a short day may be appointed for the hearing. No evidence to sup-
port the accusations has yet been produced. Delay was requested only when it became
known that Mr. Oglethorpe had left for England with evidence to disprove the charges.
Signed. $\pp. Endorsed, Reed. 28 January, Read i February 1736/7. [C.O. 5, 365, fos. 180-
i8i^/; entry in C.O. 5, 66j,fos. 4^-5.]

44 Benjamin Martyn to Henry Newman. Mr. Vernon has laid before the
January 28. Trustees for Georgia the copy of Mr. Urlsperger's letter of 1 5 January

Georgia Office. 17 ^ The Trustees in a letter to Mr. von Reck dated 27 July 1734
desired that the Salzburghers would send over a specification of their estates movable
and immovable which they left behind them at Salzburgh and a proper authority to the
Trustees or other persons they should think proper to receive the same for them. They
have likewise given directions for a letter to be sent to Mr. Bolzius to the said purpose,

l Cal. S.P. Col,, 1732, No. 302.

49] AMERICA AND WEST INDIES 1737 21

they not having yet received any answer to their tormer. Their present circumstances
will not allow them to think of sending any more Salzburghers as yet to Georgia. Entry.
\p.[C.O. 5 ,66 7 ,>. 5^.]

45 Petition of Richard Partridge, agent for New Jersey, to the King
January 31. setting forth the disputes now in New Jersey between Lewis Morris

and John Hamilton both of whom claim to be president. Petitioner understands that
the Council of Trade and Plantations have reported to H.M. in favour of a separate
government for New Jersey and prays, for the ending of this controversy, that the King
will consider this. Signed, 2 pp. [CO. 5, 980, fos. 92-93^.]

46 Jean Jacques de Lacorbiere, a naturali2ed Englishman, to James
[January 31.] Oglethorpe, offering services for a settlement in Georgia of persons
^Geneva ^ Geneva, all Protestants and good men. They are well versed in

military affairs. Five hundred or thousand persons of both sexes could
make the settlement or more if desired. I expect the same advantages for myself as
Mr. Purry had in the settlement of Purrysburgh. I have discussed this plan with an
Englishman, Stanton Degge, now in England; but I will come to London for further
discussions if you wish. Signed. PS. One Milenet of this town is also soliciting through
a Frenchman named Bousquet. I hope that if a colony is to be settled of persons from
this country I shall be honoured with the preference. 4pp. [CO. 5, 6^, fos. 184-185^.]

47 Alured Popple to Francis Fane transmitting for his opinion thereon
February i. i n point of law the following eleven Acts passed in South Carolina in

May 1736 and one ordinance passed in June 1736, vizt. Acts to em-
power commissioners of high roads; for appointing commissioners to lay out a road;
for making current 2io,ooo/. in paper bills of credit; for raising 3 0,3877. $s. -jd. for charges
of government; for regulating market at Charleston; for preventing accidents by fire in
Charleston; for repairing and building fortifications; for encouraging the raising of
hemp, flax and silk; for relief of poor of St. Philip's, Charleston; for incorporating
vestry of St. Thomas parish, Berkley County; for ascertaining public officers' fees;
ordinance for asserting the right of H.M.'s subjects of this province to a free trade with
the Creek, Cherokee and other Indians. Entry. $\ pp. [CO. 5, 401, pp. 199-202.]

48 Thomas Hals, one of the council of Jamaica, to Council of Trade and
February i. Plantations. I should have replied immediately to yours dated Septem-

Jamaica. j^ j^j j nQt ^ een ^g^^g fa^ fa e ot h er gentlemen to whom, as well

as myself, it was directed should join in an acknowledgement. But as I have not found
any inclination in them hitherto I can defer no longer. I do not doubt but the president
has acquainted you of the resignation of the four gentlemen who formerly joined in
some complaints to your board, and has sent you their reasons. But as they had not
weight enough with me to enter into such measures I shall forbear further meddling.
Signed, i small/). Endorsed, Reed. 22 April, Read 26 April 1737. [CO. 137, 22, fos. 119,
119^, 124, 124^.]

49 Minutes of meeting of Trustees for Georgia. Received, a receipt from
February 2. the bank for 288/. 17^. -jd. from S.P.C.K., whereof 287/. QJ-. \d. is the

Palace Court. d^gg o f I2 months provisions supplied the Salzburghers in Georgia
over and above the three months provisions which they carried with them, and i/. 17^. 6d.
is for freight of copper halfpence, books and other things sent by the said society for the

22 STATE PAPERS COLONIAL [jO

Salzburghers by the Two brothers in June last. Resolved, that the heads of a letter to
Duke of Newcastle which were laid before the board this day be referred to a committee
to draw up a letter thereon, i p. [C.O. 5, 686, p. 350.]

50 Richard Partridge to Alured Popple enclosing journals received from
February 3. Governor Belcher who wishes to acquaint the Lords of Trade that he

ine * is making answers to their several queries and to their letter of 23
September last. Signed, $ p. Endorsed, Reed., Read 8 February 1736/7. Enclosed,

50. i. Journal of House of Representatives of Massachusetts, 24 November
1736-9 December 1736. Printed. 23 pp. [C.O. 5, 879, /0j\ 111-124^.]

51 Alured Popple to Francis Fane enclosing ten Acts [titles not given]
February 3. passed at New York in November 1736 for his opinion thereon. Entry.

\ P . [c.o.

52 Lieut.-Governor John Pitt to Charles Delafaye. I wrote 6th November
February 4. to the Duke of Newcastle desiring him to intercede with H.M. for

leave to return home for the recovery of my health. For fear this and
the duplicate have miscarried I beg you to speak to his grace for me that my leave may
be procured as soon as possible. Signed, i p. Endorsed, Reed. 4 May. [C.O. 37, 29, fos.
69-70^.]

53 Order of Committee of Privy Council for Plantation Affairs referring
February 4. the following to Council of Trade and Plantations. Signed, W. Sharpe.

Seal, i p. Endorsed, Reed. 19 February, Read 24 February 1736/7.

Enclosed,

53. i. Petition, dated 19 January 1736/7, of Trustees for Georgia complaining
against the lieut. -governor, council and assembly of South Carolina for having
opposed the execution of an Act for maintaining peace with the Indians in Georgia.
[See A.P.C. (Colonial Series), 1720-45, pp. 511-512.] Copy. 2 pp. [CO. 5, 365, fos.
192-194^.]

54 Order of Committee of Council referring the following to the Council
February 4. o f Trade and Plantations. Signed, W. Sharpe. Seal, i p. Endorsed, Reed.

from Mr. Wood, 29 November, Read 7 December 1737. Enclosed,

54. i. Petition to the King of the merchants of London trading to South Carolina
in behalf of themselves, the merchants of Bristol and all other merchants of this
kingdom trading to that province, praying that the Act passed in May last by the
assembly of South Carolina for issuing 2io,ooo/. of paper bills of credit should be
disallowed, it being a discouragement to the trade of this kingdom and the better
settling of South Carolina. Copy. Signatories, Samuel Barons, William Hodshon,
Thomas Hebert, John Thorpe, Peter Simond, Thomas Smith, Peter Flower, John
Radburne, John Carruthers, William Somervy, Owen and Chamberlin, W. Gerrish,
Edwin Somers, Samuel Baker, William Wragg, George Morley, John Nickleson,
William Baker, Lambert Lance, Elgar Smith and Bonovrier, Ralph Noden, Thomas
Hyam, David Godin, Joseph Wragg, James Pearce, John Hewlett, Richard Shubrick,
Samuel Bonham, Henry Lascelles, S. Wragg, Benjamin Bell, William Atkin, William
Vaughan. if pp. [C.O. 5, 366, fos. 24-26^.]

55] AMERICA AND WEST INDIES 1737 2 3

55 Governor William Mathew to Council of Trade and Plantations, ack-

February 5. nowledging letter of 8 October last. By what informations I can get,
of which I have sent an account to the Duke of Newcastle, the French
numbers rather increase on St. Lucia, but on Dominica and St. Vincent they increase
daily to great numbers and those two islands are now become almost complete settle-
ments for them, at least till upon the first breaking out of a war they shall rather choose
to remove to the English islands. But as those islands are near Barbados and within that
government, doubtless you can have more perfect accounts from thence.

I intended by my letter of 14 November 1735 a full answer to yours of 13 August
1735 by informing you how those islands [Anguilla, Tor tola and Spanish Town] had been
governed for 40 years past. But I find I omitted giving you my opinion whether that
sort of government, by a deputy-governor in each island and one lieut.-governor over
the whole and a council in each of six of the chief inhabitants, would be best for H.M.'s
service. I really can think of no better method, with the addition of an assembly to be
chosen in each island by writs issued in H.M.'s name directed not to the freeholders
only, there being many controverted titles among them, but at first (at least) to the
planters also, as mentioned in my commission. I am unwilling to delay sending thus far
an answer to you on this head, though for want of answers to the questions I sent to
leeward on the first receipt of your orders I shall not be able before the next opportunity
to account fully to you as to those islands. But I can now add that all those islands have
been from time to time parcelled out to owners, first by short warrants from the deputy-
governors, afterwards confirmed by patents from H.M.'s chief governors of these
islands. I have long been preparing a map of those islands to offer to you and am at last
pretty forward in that design. What are extant, and even those manuscript maps I have
seen done by directions of the Admiralty, are far from exact. I hope to mend my draft
heretofore done. I have now a person actually engaged in getting me the soundings
round those islands and I hope my endeavours will be acceptable to you.

The Spanish armament at Porto Rico had no consequences, but our poor inhabitants
daily quit these islands to settle on the Dutch part of St. Martin's and on Sta. Cruz. I
cannot prevent it.

The case of the murder committed by White cannot be put in use on every such
occasion. White was able to pay a King's counsel to go down and prosecute himself at
the rate of little less than 80 pistoles. The honest person that went down to preach a
session sermon on that occasion was conscientious enough to accept but 20 pistoles for
it and a refreshing fee of 20 more for having preached mercy into the judges. Few of
those poor inhabitants can support such trials, and if no such courts can be held by their
own laws among themselves criminals that are poor must be criminals with impunity.

I am heartily sorry I passed the Act of Montserrat to prevent the French trade with-
out a suspending clause; and I will attempt no extenuations of that fault by pleading a
zeal for H.M.'s service and the welfare of his subjects here when I find myself condemned
by you, but wholly submit myself to your pleasure. But I pray you will observe that law
passed both houses of the legislature of Montserrat unanimously; since that, it passed
the council of St. Christopher's; it never was offered at Nevis. But the addresses I enclose
show that all Antigua wished for such a one and would be greatly thankful to you if
some such relief was obtained by your intercession with H.M. for them.

The prosecutions against the negro conspirators in this island are near a conclusion
and then I shall transmit to be laid before you a continuance to the end of the account I
have already sent of that conspiracy.

I enclose the list of the councils in each of these islands with the remarks on them as
directed by you, whereby it appears the appointments by my order were always necessary

24 STATE PAPERS COLONIAL [55

to complete the number in each island of seven members present. And I have added to
each list a fresh number of six persons who are in my opinion fittest to fill up vacancies.
The Spanish ship I mentioned to you in my letter of 17 June 1734 ran in the night
on the Anegada Shoals and was lost, but all the passengers and crew and great part of
a rich cargo were saved. The part of the cargo fell to the plunderers from Spanish Town
and Tortola: some of these are dead, others now settled on Sta. Cruz. Among the
passengers were the president of San Domingo and the present governor of Porto Rico,
^their ladies and families. It seems the ship, as I have been told, was greatly insured in
Spain and the master suspected of a wilful want of care. The governor of Porto Rico
once slightly mentioned it to me, but I am informed he dropped all formal complaint
for that the people at Porto Rico had undertaken to do themselves justice and in truth
an armament of above 400 of them attempted an attack on Spanish Town, but were
shamefully kept from landing, though in their boats, by hardly more than the fire of
smallarms from about 20 of the inhabitants. However, in obedience to your commands
I will take care to get the best informations I can against such persons as were concerned.
Signed. 5 pp. Endorsed, Reed. 24 March, Read 25 March 1737. Enclosed,

55. i. Address of Council of Antigua to Governor Mathew, 5 February 1736/7,
acknowledging the wisdom and excellence of his government and particularly that
no invasion or encroachment on trade can be offered by any rivals without retaliation,
and doubting not that H.M. will either permit a law to be passed allowing retaliation
or himself retaliate. Signed, Edward Byam, Vallentine Morris, Nathaniel Crump,
John Vernon, Josiah Martin, Charles Dunbar. 2 pp. Endorsed, as covering letter.

55. ii. Address of Assembly of Antigua to the same, i February 1736/7, express-
ing concern at attempts in Great Britain to disadvantage Governor Mathew for
passing the Montserrat Act. A law of this nature is absolutely necessary. Can a
British spirit see the flagrant and repeated depredations committed by the French
and not be inspired with the same just resentment that inspired you ? Signed, Thomas
Kerby, speaker, i \ pp. Endorsed, as covering letter.

55. iii. State of councils in Leeward Islands, 5 February 1736/7.

St. Christopher's. In Mr/ Mathew's instructions: Gilbert Fleming, Joseph
Estridge, Sir Charles Payne, all present; John Garnett, in Carolina above two years
and not expected back, without my leave; William McDowell, several years ago
settled in Scotland, and Peter Soulegre, several years ago settled in London, I
suppose both by H.M.'s leave; Charles Pym, present; Edward Mann, several years
ago settled in England, I suppose by H.M.'s leave; John Douglas, Abraham Payne,
Joseph Phipps, all present; William Mathew, dead. Appointed since by H.M. : John
Williams, present; Charles Dunbar, resides almost entirely at Antigua. Six persons
proper to supply vacancies : Drewry Ottley, Daniel Mathew, Richard Wilson, John
Greatheed, William Woodley junior, Ralph Payne.

Nevis. In Mr. Mathew's instructions : Gilbert Fleming, resides almost constantly
at St. Christopher's; William Hanmer, in England, I suppose by H.M.'s leave;
Michael Smith, present; Charles Bridgewater senior, dead; James Symonds, present;
Michael Williams, resigned; James Brown, present; William Pym Burt, resides for
many years past chiefly at St. Christopher's; Richard Abbot, dead; Gary Brodbelt,
present; Thomas Butler and Daniel Smith, both in England many years, I suppose
by H.M.'s leave. Appointed since by H.M. : Charles Bridgewater junior, present;
Charles Dunbar, resides constantly at Antigua. Appointed very lately by Mr. Mathew
to make up the number seven: Thomas Pym and William Clark, both present. Six

57] AMERICA AND WEST INDIES 1737 25

persons proper to supply vacancies: Thomas Herbert, Edward Abbott, John
Woodley, John Williams junior, Roger Pemberton, Josiah Webb.

Montserrat. In Mr. Mathew's instructions : Gilbert Fleming resides almost con-
stantly at St. Christopher's; Thomas Digges, many years in England, I suppose by
H.M.'s leave; William Frye senior, dead; George Wyke and Richard Cooke, both
present; Anthony Hodges, many years in England, I suppose by H.M.'s leave;
Nathaniel Webb, in England on a year's leave from Mr. Mathew but expected back ;
Rev. James Cruickshank and John Dayly, both resigned ; John White, never at the
board, supposed to be intended for Michael White; John Roberts, in England, I
suppose on H.M.'s leave; William Lyddle and John Bramley, both dead. Appointed
by H.M. : Charles Dunbar, wholly at Antigua. Appointed by Mr. Mathew: Simeon
Bonveron and George Wyke junior, both present; John Roynon, dead; John Osborn
and John Webb, both present, appointed very lately to make up the number seven,
and Simeon Bonveron from an apoplectic fit hardly able to attend now or ever. Six
persons proper to supply vacancies: Michael White, Peter Lee, Nicholas Daniel,
1 Earl, Charles Daly, James Watson.

Antigua. In Mr. Mathew's instructions: Gilbert Fleming, resides almost con-
stantly at St. Christopher's; Edward Byam, present; Sir William Codrington, Bt., in
England, I suppose by H.M.'s leave; Valentine Morris, Nathaniel Crump and John
Frye, all present; Archibald Cockran, in England on one year's leave from Mr.
Mathew; George Lucas, in Carolina by leave from Mr. Mathew for eight months
but now returning; George Thomas, in England on one year's leave from Mr.
Mathew; Francis Carlile and John Morris, dead; John Duer, for almost a year past
at Montserrat without leave; John Vernon, present. Appointed by H.M. : Josiah
Martin and Charles Dunbar, both present. Six persons proper to supply vacancies:
Samuel Byam, Thomas Kerby, Edward Chester, Jacob Morgan, Richard Oliver,
Henry Lyons. 4 pp. Endorsed, as covering letter. [CO. 152, 22, fas. 325-334^.]

56 Same to Alured Popple, enclosing Act of Antigua for continuing

February 5. Mr. Yeamans agent and Act of Montserrat for further restriction of

slaves. Signed, i small/). Endorsed, as preceding. [C.O. 152, 22, fos.

57 Lieut.-Governor Thomas Broughton to Duke of Newcastle. The

February 6. enclosed is copy of a letter I received two days ago by Capt. Fox,
on ' commander of H.M. sloop the Drake t dispatched hither by Commodore
Dent at Jamaica, by which you will discover the designs formed by the Spaniards to
invade and unsettle the colony of Georgia and to excite an insurrection of the negroes
of this province. The general assembly being now sitting, I communicated the contents
to both houses and have with their concurrence prepared instructions to be sent by
express to the agent of this province among the Creek Indians to use all effectual means
to engage them in the interest of Georgia and this province; which I find the more
immediately necessary by an account I received yesterday from an Indian trader just
arrived from thence who informed me that some Spaniards and French were lately
among them and made them presents and that some of their warriors were invited lately
to St. Augustine with a view, I presume, to seduce them to the Spanish interest. The
general assembly have directed presents now to be made them without reserve as our

1 Blank in MS.

26 STATE PAPERS COLONIAL [57

agent there shall see necessary to confirm their adherence to H.M.'s subjects of Georgia
and this province.

I received also an account that two foreign gentlemen who came lately from St.
Augustine have been for some days past at Port Royal forming a pretence to settle in
this province and taking a view of the harbour and country. I yesterday sent orders to
have them apprehended and brought hither. The Spanish designs seem the more probable
from advice I have that the barracks at St. Augustine have been lately enlarged for the
accommodation of 500 men more than usual and that the governor of that garrison sent
to New York and this province for a large supply of provisions. I have therefore ordered
an embargo to be laid on all vessels suspected to be going thither with arms or provisions.
But as H.M.'s instructions are wholly silent on that head I had an Act of assembly
yesterday passed to make my authority the more clear from exception. I have also
ordered all Spaniards in this port to be secured, there being a sloop with some lately
come in here, pretends distress of weather and want of provisions.

There came a packet of letters at the same time with mine from Commodore Dent
directed to the President of Georgia, I presume of the same purport, which I sent
thither with assurances to the head bailiff there that I shall take all measures equally for
their safety and our's and desiring him to dispatch some persons hither to inform me
of their strength and condition and to concert with me on the most proper means for
their security.

The inhabitants about Port Royal being but thin, I am about issuing orders to have
100 men immediately raised upon pay to scout about and watch the inlets and shall
forthwith send up some cannon with an engineer to form some convenient batteries
and in a few days a sloop will be fitted out at the expense of the public to cruise on the
coasts of both colonies. I have consulted with Capt. Windham, commander of the Rose
man-of-war on this station who has sent at the request of me and the council for Capt.
Compton at Virginia, and if suspicions ripen will send for another ship to the New York
station. I have also ordered a general muster of all the militia throughout the province
and as our negroes are very numerous and more dreadful to our safety than any Spanish
invaders, there is an Act of assembly now preparing to have strong patrols established
in all convenient districts. I am also sending for some Cherokee Indians to come down
to the settlements to be an awe to the negroes.

These are principally the steps I have yet taken or resolved upon on this occasion
and what I shall further discover or proceed in shall be carefully communicated to you
as opportunity serves. H.M.'s paternal care is so extensive to all his subjects that we
doubt not of his timely assistance as it shall appear to be necessary. I have only to add
that the people of this province in general show a true attachment to H.M.'s interest and
service and will, I doubt not, behave with approved courage on any emergency. Signed.
2 pp. Endorsed, Reed. 3 1 March. Enclosed,

57. i. Jamaica, 6 January 1736/7. Commodore Digby Dent to Governor of
South Carolina. The enclosed came to hand the 23rd of last month and came by way
of Cartagena in one of the Asiento vessels, so that between its date and my receiving
it is near seven weeks; however, as soon as possible have dispatched H.M. sloop the
Drake, Capt. Fox commander, and hope will arrive time enough to prevent any
surprise to your neighbouring colony if any villainy is designed. I must beg you will
conceal as much as possible the gentleman's name who gives the information as it
may be of the utmost ill consequence to him as well as to the South Sea Company's
affairs should the Spaniards know from whence it comes. And if any such design is
in agitation it is very possible that this D'Tombe may in some disguise or other make
an errand from St. Augustine to see what posture Georgia is in; I am in hopes by

6l] AMERICA AND WEST INDIES 1737 27

that means he may be secured and brought to justice for his villainy. I have by this
opportunity written to all commanders of H.M.'s ships stationed near you and sent
them duplicates of the enclosed. Please own receipt. Copy. i^pp.

57. ii. Santiago de Cuba, 3 November 1736 (N.S.). Leonard Cocke to Commodore
Digby Dent. Copy, of Cal. S.P. Col., 1735-36, No. 469. i\ pp. [CO. 5, 388, fos.
137-1384 141-144^.]

58 Same to Council of Trade and Plantations. [In substance same as No. 57
February 6. b u t briefer^ i\ pp. Endorsed, Reed. 29 March, Read 30 March 1737.

on ' Enclosed,

58. i. Copy, of No. 57 i.

58. ii. Copy, of No. 57 ii. [CO. 5, 365, fos. 197-201^.]

59 Same to Trustees for Georgia, communicating advices from Commo-
February 7. dore Dent of Spanish design to destroy Georgia. Full particulars have

been sent to Duke of Newcastle. The most effectual measures have
been and will be taken to contribute to the defence of Georgia. I have already given
orders to raise forces upon pay to reinforce our settlements which lie nearest to Georgia,
and we are now fitting out a vessel to cruise between the coast of Georgia and Florida
to watch the motions of the Spaniards and to gain and give intelligence. I shall consult
and concert measures with those who have the administration in Georgia. Signed. z\
small pp. Endorsed, Reed. 4 May 1737. [CO. 5, 639, fos. 159-160^; duplicate at fos.
iji-ijzd, endorsed: Reed. 29 March 1737; copy, endorsed: Reed, from Trustees for
Georgia, 4 April, in CO. 5, 65 4, fos. 89-90^.]

60 Petition of William Shirley, Advocate-General in Massachusetts, New
[February 8.] Hampshire, Rhode Island, Providence Plantation and the Narragan-

setts country in New England, to Council of Trade and Plantations. H.M. having no
attorney-general in those parts, petitioner's own work is exceedingly laborious and his
expenses great; he prays for a salary of 3oo/. sterling a year. Signed, for the petitioner,
Francis Shirley, i p. Endorsed, Reed. 8 February, Read n February 1736/7. [CO. 5, 879,
fos. 125, I2j</, 132, 132^; copy in CO. 5, 752, fos. 298-299^.]

61 Memorial of Thomas Walker, Daniel Smith, Wavel Smith, Henry
[February 9. 1 ] Slingsby, Augustus Boyd & Co., and Edward Jesup for themselves

and many friends and correspondents in the Leeward Islands, to Duke of Newcastle.
Memorialists some time since presented a petition to H.M. setting forth the seizures of
French ships made by Governor Mathew under a pretended law of Montserrat; the
fitting out by Governor Mathew, previous to the said law, of a sloop of his own and the
confiscation of a French ship without any legal trial; and their apprehensions of French
reprisals. But they have not yet been called upon to prove their allegations.

The many depredations of which Governor Mathew has been guilty appear by the
annexed list. Had M. Champigny not acted with more caution and prudence than Mr.
Mathew we should long ago have been plunged into a dangerous and unequal war.
We can easily show that the governor's only motive was his desire of gain. The principal
prizes have been taken by the Pall Mall, a sloop belonging to and fitted out by Governor
Mathew which entitles him to two-thirds of those captures ; he has tried to defraud H.M.
of his share.

1 See A.P.C. (Colonial Series) 1720-45, />. 543.

28 STATE PAPERS COLONIAL [62

The continuing among us a governor who suffers himself to be carried away by
rapacious appetites without regard to law or natural justice may be productive of great
mischief. Mr. Mathew's agents have artfully represented to you that there still is a plot
subsisting among the negroes in Antigua and that Mr. Fleming, our lieut. -general, is
coming home upon the public business, so that should Mr. Mathew be now recalled the
islands would be destitute of a proper person to command in case the negroes should
carry their plot into execution ; but we have certain accounts that no danger is now to be
apprehended from that conspiracy. Should H.M. send for Governor Mathew and
Governor Fleming return to England on H.M.'s service, the government would devolve
on Edward Byam, lieut.-governor of Antigua, whose courage, experience and loyalty
are well-known. Copy. 2 J pp. Enclosed,

61. i. List of vessels condemned in Montserrat by virtue of an Act passed there
5 June 1736: 12 July 1736, sloop Catherine, Charles Chenez master; 19 July 1736,
Fleuron, John Avice master; 7 August 1736, sloop Two Sisters, John Remain master;
15 September 1736, sloop Dolphin, Daniel McDaniel master; 19 October 1736,
schooner Prosperity, John Boudewyne master; 30 October 1736, sloop Wig Box 1 ,
Francis Renau master; 20 November 1736, shalop St. Dominique, Robert Borvelio
master; 20 November 1736, shalop St. James, John Kittle master; 13 December 1736,
sloop Loving Jane, Peter Chestnutt master. [Details of cargo given in each case.} i p. [CO.
152, 44 Jos. 8i-

62 Minutes of Common Council of Georgia. Resolved, that 10 guineas

February 9. be advanced to Mr. Vat on account till his claim can be settled. Agreed,
to the payment of 2oo/. to the owners of the Two Brothers on account
of freight till their claim can be settled. Resolved, that 10 guineas be paid to Archibald
MacBean who was sent to England by Mr. Oglethorpe to go to Scotland for servants.
Resolved that 75 /. be paid to the secretary for half-year's salary due at Christmas last.
Same to be paid to the accountant. Resolved, that 5 o acres of land be granted to John
Venables on his paying his own passage and his father's paying iz/. to indemnify the
Trust for his subsistence for one year. Resolved that z$/. be paid to John Lewis TschifTelly,
Mr. Causton having sent a receipt of a bond for the said sum to be paid by the minister
at Purrysburgh. Received, an account from Thomas Causton of provisions and arms
received for the colony amounting to 2637. 8.r. id. ; ordered, that the accountant pay the
same if he finds it to be true. Read, a memorial of Capt. William Thomson on his last
voyage to Georgia and return to England; referred the same to the committee of accounts.
Resolved, that a bill of exchange for ioo/. drawn by Mr. Ellis on Mr. Oglethorpe dated
8 December 1736 Philadelphia, on account of madeira wine, be accepted and paid when
due. Resolved, that jooL be paid into the hands of Aid. Heathcote on account; signed
a draft for the same. Resolved, that Mr. Oglethorpe, Thomas Tower, and Mr. Laroche
and any others of the Common Council who will attend be a committee to confer with
Mr. Paris on Monday next on the state of the evidence to be brought before the Council
of Trade and Plantations on the representation of the government of South Carolina
and to consider how to perpetuate the said evidence in case the hearing be put off.
Received, a receipt from Mr. Oglethorpe dated 3 November 1736 for eight servants
whose indentures were delivered to him by Lieut. Hugh Mackay and for which he had
agreed to pay him I2O/. for the use of the Trust; ordered, that the said sum be paid when
due. Agreed to the payment of 3i/. los. 22 December last as a further advance to Mr.
Von Reck on his going to engage foreign servants for Georgia. 4pp. [C.O. 5, 690, pp.
49-5 *] ___ _

1 MS. 'Wigg Box'.

65] AMERICA AND WEST INDIES 1737 29

63 Minutes of meeting of Trustees for Georgia. Received by Rev. Dr.

February 9. Hales, ioo/. the benefaction of Mrs. Dyonisia Long to be applied to-
a ace ourt. warc j s the support of the missionaries in Georgia. Received by the
same 1 8/. 1 8.r. benefactions of various persons to be applied towards support of mission-
aries and schools for instructing and converting the Indians in Georgia. Resolved, that
Lord Tyrconnel, Mr. Oglethorpe, Thomas Tower, Mr. Hucks and Mr. Laroche or any
two of them be appointed a committee for preparing a petition to the House of Commons
for a supply for the further establishment and security of Georgia, and any gentleman
who will attend to be of the said committee. Read, a letter to Duke of Newcastle;
ordered, that the same be sent with a copy of the treaty concluded with the Spaniards
at St. Augustine. Received, by Earl of Egmont, ioo/. benefaction of John Hough,
Bishop of Worcester, to be applied for the use of the Salzburghers only. Resolved, that
the thanks of the Trustees be returned to the bishop. Ordered, that the secretary write
to the Bishop of Bath and Wells to desire his licence to Rev. Dr. Coney at Bath to let
Mr. Whitefield preach there for a collection for the missionaries in Georgia, Lady Cox
and others having desired the same. Resolved, that Mr. Oglethorpe acquaint the Lords
of Admiralty of Capt. James Gascoigne's zeal and activity for Georgia and thank them
for sending Capt. Gascoigne to Georgia. 3 pp. [C.O. 5, 686, pp. 351-353.]

64 Extract of letter from Mr. Thorpe to his brother-in-law in London.

February 9. Our assembly are sitting day and night and sat Sunday last all day and
on ' are making vast preparations on account of an express they have
received of a large fleet being well manned at Cuba with design to invade this province.
What Spaniards we have in the town and province are seized and made close prisoners
on board the man-of-war. There is an embargo laid on all vessels bound for England or
elsewhere so that I despair whether the ship which is to carry this letter will be suffered
to sail, no corn, rice or other provisions being allowed to be shipped off. Col. Barnwell
is dispatched to Beaufort by order of the assembly to alarm the southern parts and I
have sent orders to my plantation to provide all the horses I can to be in readiness. We
have several vessels already cruising upon the coast. You may remember the Spanish
friar who came here from Augustine some time since, whose business was to get as
many Spaniards as he could that were scattered up and down this province in the service
of the English as their rangers and cattle-hunters, and he has carried several of them off
with him. We have the good fortune to have more vessels in the harbour than ever I
saw here at one time and about 800 newcomers (Swiss and Irish), and we expect every
minute an order to arm and send them away to strengthen the southern frontiers. Capt.
Chillcroft is dispatched to bring down the Creek Indians and Col. Butler the Cherokees.
The bridges about the town are building and the cannons mounting. Messengers are
dispatched to Virginia and New York for ships and men to come to our assistance. Copy,
certified by Francis Moore. \\pp. Endorsed, Reed. 9 April from Mr. Oglethorpe. [CO. 5,
6 5 4, /or. 95-

65 Order of Council approving report from Committee for Plantation

February 9. Affairs that Thomas Harrison should be a member of the council of

Whitehall. Barbados in the room of Mr. Peers, deceased. Duke of Newcastle to

prepare the warrant. Copy, certified by W. Sharpe. \\ pp. Endorsed, Reed. 16 May, Read

24 May 1737. [C.O. 28, 24, fos. 212-213^; warrant in CO. 324, 37, p. 40.]

3O STATE PAPERS COLONIAL [66

66 Council of Trade and Plantations to Committee of Privy Council. In

February 9. pursuance of your order of 10 July last we have considered the state
of the paper currency in Massachusetts, New Hampshire, Connecticut
and Rhode Island.

Massachusetts. By an Act of 1698 it appears that several persons in 1692 advanced
money for the use of the public by their own bills of credit, the assembly allowing six
per cent, interest from the time they became due for repayment. What quantity was
issued and when they were paid off does not appear. By an Act of 1702 bills of credit to
the amount of io,ooo/. were to be issued towards payment of the public debts and for
the support of government: these bills were to be accepted in all public payments
equivalent to money and after the rate of five per cent. more. The duties of impost and
excise were made a fund for repayment of those bills and a tax of 6ooo/. was laid on polls
and estates to make good the deficiency. By the minutes of the council in assembly of
17 July 1703 it appears jooo/. bills of credit were ordered to be imprinted and issued.
In 1714 an Act was passed for emitting 50,ooo/. in bills to be lent out at five per cent,
interest, principal and interest to be repaid in five years. In 1716 an Act was passed for
the issue of ioo,ooo/. in bills to be sunk in ten years. In 1721 another Act was passed
for emitting 5o,ooo/. in bills of credit to be lent on mortgages. When these bills were
returned to the treasury they were reissued as required by vote of assembly only for
certain terms.

This issuing bills of credit in such large quantities and by virtue of a vote only having
been found to be of bad consequence, Governor Belcher was in 1730 instructed not to
pass any Act for issuing bills of credit without a clause for suspending execution till
H.M.'s pleasure should be known, except only for the annual support of government
not exceeding 3o,ooo/.; and to take especial care that not more than 30,0007. be ever
current at the same time; and that the bills already issued should be called in and sunk
according to the provisions of the Acts by which they were issued.

Governor Belcher arrived at his government 10 August 1730 and in September
following he passed an Act for supplying the treasury with i3,ooo/. in bills of credit; it
appears that this sum was then in the treasurer's hands and had been received by him
for taxes. These bills were made legal tender in all public payments. The duties of impost
and excise and all other incomes were made the fund and security for the payment of
the said bills; the sum of i3,ooo/. was by the same Act granted to be raised in 1741 as a
further security. In 1731 an Act was passed for payment of members of the council and
representatives by which 3 5 oo/. in bills of credit then in the hands of the treasurer was
to be emitted; by the said Act a tax was laid to discharge the said sum. In April 1731
another Act was passed for supplying the treasury with 6ooo/. of the like bills with the
like fund and security for their being called in again in 1734, as they have accordingly
been. In November 1731 another Act was passed for supplying the treasury with 54007.
to be repaid on like security in 1738. In the same year was passed an Act for payment of
members of council and representatives by which 5ooo/. in bills of credit in the treasurer's
hands was emitted, and a tax laid at the same time to discharge the same. In February
1731/2 another Act was passed for supplying the treasury with 38oo/. for payment of
Francis Wilks, to be repaid on like security in 1736 except that the impost and excise
are not mentioned : these bills are to be received in all public payments and it appears
by these Acts that all these bills were such as had been received back into the treasury.

Notwithstanding the aforementioned instructions to Governor Belcher, in November
1733 he gave his assent to an Act for supplying the treasury with 76,5007. bills of credit
for discharging the public debts etc. and for establishing the wages of sundry persons
in the service of the province. These bills were such as had been paid into the treasury

6j] AMERICA AND WEST INDIES 1737 31

by virtue of former Acts; and the said 76,500/1 is to be drawn into the treasury by
several taxes to be raised, vizt. in 1733, 65007.; in 1734, 35257.; in 1735, i3,5Z5/.;
in 1736, n,725/.; in 1737, 13,5257.; in 1738, 41257.; in 1739, 55^7.; in i74 5525/-J
in 1741, 12,5257. In February 1733/4 an Act was passed for repairing Castle
William by which 27007. then in the treasurer's hands was reissued, to be drawn into
the treasury by taxes: in 1737, 13507.; in 1738, 13507. In May 1734 an Act was passed
for supplying the treasury with 27,3717. 13^. 4^. bills of credit and for issuing 2198?. i8.r.,
a surplus remaining in the hands of the treasur ir to be drawn in by taxes : in 1 734, 40007. ;
in 1735, I5,ooo7.; in 1736, 83717. i$s. ^d. In 1735 Governor Belcher passed an Act for
supplying the treasury with 33,2697. 4*. 8</. bills of credit to be called into the treasury
again by taxes: in 1735, 30007.; in 1736, 10,0897. 143. iod.; in 1737, 20,1797. 9-r. lod,

It appears therefore that there were bills of credit issued during Governor Belcher's
government more than are yet drawn in again: in 1730, 13,0007. ; 1731, 54007.; 1732, nil;
1733, 41,2257.; 1734, 27007.; 1735, 20,1797. 9J-. lod. Bills of credit issued before Governor
Belcher's arrival, 1721-1729, yet outstanding: 68,ooo7. Total of bills standing out at
Christmas 1736 besides what may remain of old bills beforementioned to have been
current in 1702, for sinking of which it does not appear any provision has yet been made:
1 50,5047. 9-T. \od. There are other bills current in the province issued on the security of
a new bank erected at Boston in 1733 for circulating no,ooo7. in notes of hand, payable
in silver at 19^. per ounce or in gold at 137. 13^. i\d. per ounce to be let out at 67. per
cent, and to be redeemed in ten years.

New Hampshire: has always strictly adhered to its governor's instructions. By the
best information we have they have not issued above io,ooo7. in bills, part of which is
already sunk and the remainder must be called in by 1743. These bills were circulated by
lending them out on mortgages at five per cent. To supply the want of money in this
province some persons of the best estates and rank there formed an association for
issuing notes at one per cent, interest to the value of 6ooo7. The assembly of Massachu-
setts tried to discredit this currency by an Act passed in 1735 against which we reported
to you on 17 March last.

Connecticut: a charter government which keeps little or no correspondence with us.
By their printed Acts it appears that in 1731 they had about 48,9947. 5^. 4^. outstanding
in bills of credit, for the payment of which they had no fund appointed by the said Acts.
What they have issued since 1731 does not appear.

Rhode Island: another charter government. By their laws to 1728 it appears that
they had about 82,ooo7. in bills outstanding. But by a letter of 17 May 1732 to Mr.
Partridge, agent of that colony, it appears that there was government paper money
current to the amount of 1 8o,ooo7. ; and by a paper received from the agent of New
England relating to the Boston bank in 1733 it appears that more bills to the value of
io4,ooo7. had lately been stamped. So that their paper money then amounted to 284,0007.
but their credit was so low that at the beginning of this year the paper money in New
England in general was at the rate of 5307. for ioo7. sterling. We are informed that the
Rhode Island bills are lent out on security at five per cent, interest, which revenue is
sufficient to answer the expense of their government. Entry. Signatories, Fitzwalter,
O. Bridgeman, T. Pelham, R. Plumer, J. Brudenell. 14^. [CO. 5, <)i-j,fos. 82^-89;
draft in CO. 5, 897, fos. 123-133^, with tables showing the state of the paper currency
in Rhode Island and Connecticut.]

67 Council of Trade and Plantations to Committee of Privy Council. We

February 9. have considered 26 Acts passed in Massachusetts in 1733 and 1734
Whitehall. re f erre d to us by you on 22 March 1733/4 and 13 January 1734/5. Mr.

32 STATE PAPERS COLONIAL [68

Fane has no objection in point of law to any of them and no objection has been made
to us. Eight of these Acts were temporary, vizt. for granting duties on shipping; for
apportioning tax of 79877. i6.r.; for perambulating the boundary between this province
and Connecticut; to empower and oblige surviving commissioners of the 100,000!.
loan in the county of Hampshire to settle their accounts; for granting 30007. for support
of the governor; to prevent nuisances in the Merrimac river; for granting duties on
shipping; for apportioning taxes of i6,oi5/. izs. and 63427. 8j. Fifteen were for the
private convenience of the province and we see no reason why H.M. should not confirm
them, vizt. Acts for erecting the plantation of Housatonic into township of Sheffield;
to provide for precinct or parish meetings; for settlement of estates of intestates; to
alter times for holding the courts ; to erect the plantation of Pennycook into the town
of Rumford; for punishment of criminals; to prevent encroachments on highways;
concerning prisoners for debt; to prevent unnecessary law-suits; for regulating proceed-
ings on bonds of administrators or intestate estates; to exempt Anabaptists from taxes
for support of ministers; for regulating townships; for erecting the town of Halifax
in county of Plymouth; for dividing the town of Enfield and erecting the new town of
Somers ; for a new township of Litchfield at Naticook on River Merrimac.

Three were for issuing paper bills of credit, vizt. Acts for supplying the treasury with
76,5007. bills of credit for discharging public debts (passed in November 1732); for
repairing Castle William and supplying the treasury with bills of credit for the charge
thereof (passed in February 1733/4); for supplying the treasury with 27,3717. i$s. 4^.
bills of credit and for issuing the sum of 21987. i8s. a surplus now in the hands of the
treasurer for discharging public debts (passed in May 1734). These not being agreeable
to H.M.'s instructions we should have reported for their repeal but for the confusion
into which we apprehend that step might throw the province. There remains from these
Acts but 43, 92 5 7. current which must all be called in by 1741. We submit it to you whether
it may not be advisable to let them expire of themselves and to send the governor a
peremptory instruction not to give his assent to any Act of this nature without a sus-
pending clause. Entry. Signatories, Fitzwalter, O. Bridgeman, R. Plumer, T. Pelham,
James Brudenell. 6pp. [CO. 5, 917, fos. 89^-92; draft in CO. 5, 897, fos. 134-137^.]

68 Benjamin Martyn to Duke of Newcastle. Since the representation which

February 9. the Trustees desired you to lay before H.M. on 20 October last on the

lce ' matter of the letter which you received from M. Geraldino, agent for

the King of Spain, containing several complaints against the inhabitants of Georgia,

the Trustees have made further enquiry into the said complaints. As to the first matter

of complaint, the Trustees have received full evidence that none of the new colony of

Georgia were concerned in the attacking any fortress in the territories of the King of

Spain on 3 March last or at any other time; but the same was done by the Indians in

revenge of injuries and hostilities offered to them by the Spaniards as specified in the

Trustees' said representation.

As to the complaint received by the governor of St. Augustine from the lieutenant
of Fort St. Mark, the Trustees have received evidence that the forts which they have
built are all within the territories of the King of Great Britain and erected at the desire
of the Indians, being necessary for the defence and peace of the country; and no forts
have been built by the Trustees within the territories of the King of Spain nor in any
of the Indian nations belonging to him.

As to the further complaint that a party of 300 English had appeared on the frontiers
of the province of Apalachee and that having set up a standard of war in a town of

68] AMERICA AND WEST INDIES 1737 33

Indians called Apalachicola they had summoned the chief town of the abovesaid pro-
vince, called Caveta, to join them in order to make war against the Spaniards, acquainting
them at the same time that they were resolved to demolish the fort of St. Mark and
afterwards to besiege St. Augustine, the Trustees find the same to have been made with-
out any just ground and that the apprehensions which the governor of St. Augustine
had entertained arose from the behaviour of one Drake, an inhabitant in Charleston in
South Carolina, who was sent up from thence with certain traders into the Indian
nation without the knowledge and contrary to the orders of the Trustees and who
hoisted colours and did other actions for which they who sent him only are answerable;
but the like of which (it is to be hoped) will hereafter be prevented by the wise regulations
H.M. has made by an Act for maintaining the peace with the Indians in Georgia, by
which persons without licence from Georgia are prohibited from going up amongst
the Indians within the province of Georgia and by settling the country with towns under
proper magistrates and communications. And further advantages will thereby accrue
by preventing disorderly persons from taking refuge as heretofore in the woods on the
frontiers who there used to commit murders and ravages and all kinds of disorders which
neither the governor of St. Augustine nor the governor of South Carolina could prevent
or punish.

The Trustees are assured that the governor of St. Augustine was fully convinced of
the various arts used to create misunderstandings between Georgia and Florida and
perceived the groundlessness of the reports that had been spread as soon as an open and
safe correspondence was procured between Mr. Oglethorpe and him, so that on 22
October (N.S.) last he signed the enclosed treaty. And in order to remove all umbrage
Mr. Oglethorpe drew off the garrison from Fort St. George which is on the same spot
that was fortified by Sir Francis Drake in the reign of Queen Elizabeth. Mr. Oglethorpe's
conduct has fully answered what M. Geraldino hoped it would by establishing a better
intelligence between the inhabitants of Florida and those of the King of Great Britain's
dominions in their neighbourhood. Which state of the said complaints now sent you
together with the former representation sent to you on 20 October last, the Trustees
apprehend contain a full answer to the several matters they were directed to enquire into.
Signed, 4pp. Enclosed,

68. i. Treaty between James Oglethorpe and the governor of St. Augustine,
made in St. Augustine, Florida, 18 October (N.S.) 1736. This agreement is without
prejudice to the ancient right of the Spanish King over the lands which Mr. Ogle-
thorpe has peopled and fortified, he alleging they belong to the King of Great
Britain, (i) The contracting parties shall each restrain their subjects and vassals,
including Indians, from hostilities against those of the other. (2) They agree that
satisfaction has been given once, twice and even thrice to the nations of free Indians
called 'Uds' 1 . (3) The island of St. George (alias St. John) to be dispeopled within
14 days, the fort destroyed, the garrison withdrawn, and no further settlement to be
made there by either side, without prejudice to Spanish claim to that territory.
Spanish ships putting into that island through weather shall not constitute a breach
of this treaty. (4) Subjects in each of the two governments are not to molest the other.
(5) Differences concerning boundaries to be settled by the two courts. (6) Subjects
in each of the two governments are not to enter the territories of the other without
licences from their governor. Spanish. 6 pp. Endorsed, Reed, n February 1736/7 from
Trustees for Georgia. English translation, annexed. [CO. 5, 654,/o.r. 66-73^, 93-94^;
entry of covering letter in CO. 5, 66j,fos. 6-7.]

1 Sic in both Spanish and English versions : should perhaps be Uchi.
3 XLIII

34 STATE PAPERS COLONIAL [69

69 Same to Bishop of Bath and Wells asking permission for Dr. Coney
February 10. to let Rev. Mr. Whitefield preach at Bath for promoting a collection

.orgia ce. ^ Lady Cox and other ladies for the support of a mission to convert
the Indians in Georgia. Entry. \p. [CO. 5, 66j,fo. 7.]

70 Thomas Causton to Trustees for Georgia. [This letter is referred to in
[February 10.] No. 269; and probably also in the Earl of Egmont's diary 1 . But it does

not appear to have been preserved amongst the Georgia Records. The following docu-
ments were enclosures to it.]

70. i. Charleston, 4 February 1737. Lieut.-Governor Thomas Broughton to
Thomas Causton. The enclosed packets came to my hands by Capt. Fox, commander
of H.M. sloop Drake and forwarded from H.M.'s commodore at Jamaica, the contents
of which will notify the necessity of your immediate care to have all things in readiness
to make a stand against any attempts of H.M.'s enemies against Georgia or this
province. The advice I received but yesterday; and have this morning conferred with
Capt. Windham, H.M.'s commodore here, who is to-morrow to send to Virginia to
Capt. Compton to repair to these coasts for our protection. The council and assembly
are heartily disposed to make all preparations of equal service for Georgia as for this
province and I immediately sent expresses to the Creek and Cherokees to engage
their adherence to both colonies. You will think it advisable to send some persons
speedily hither to inform me of your strength and condition and what measures
may be best concerted for your service, and let Capt. Gascoigne be speedily acquainted
by forwarding the enclosed packet to him. You may depend upon frequent advices
and expresses as occasions shall occur and all discoveries or advices that you receive
be pleased to communicate them without delay. I doubt not but you will judge it
necessary to have the scouts on the coasts very watchful and to prevent as much as
possible any people or intelligence going to St. Augustine. Signed. PS. The better
to secure the Creek Indians in the interest of H.M.'s government and to prevent
their falling into that of the Spaniards and French, this government has sent an
agent into that nation; and now believing it necessary to send advice to said agent
of these proceedings of the Spaniards with some instructions proper on the occasion,
I cannot doubt but you will think it necessary in case the agent of Georgia should
happen to be in that nation that you will immediately instruct him not to give any
umbrage but on the contrary to act in concert with the agent of this government in
all matters relating to the peace and welfare of both colonies. i| pp. Endorsed, Col.
Broughton's letter per Mr. H. Bryan. [CO. 5, 639, fo. 156, 156^.]

70. ii. Savannah, 9 February 1737. Reply to preceding. Yours of 4th inst. was
delivered me by Hugh Bryan on 6th in the evening. I immediately forwarded the
letters enclosed as directed and gave to all the southern settlements their necessary
precautions which by this time I believe they have received. I have also taken care
here for the several settlements in these parts to put them in a posture of defence.
Our people are very alert and in a few days shall be able to muster 500 men com-
pletely armed. I acknowledge gratefully your kindness and that of the council and
assembly. I will not be wanting to give you intelligence of all discoveries or advices
I receive. I thought it necessary to give immediate orders not to suffer any one to
pass through any parts of this province without permits : those from this place are
signed by me; and I believe you will think it necessary to give' the like orders con-
cerning boats coming from your province. Hitherto we have discovered no imminent
danger and the boats lately arrived from the southward bring no alarms from that

1 Egmont Diary, II, 396.

] AMERICA AND WEST INDIES 1737 35

quarter, and the Indians who are just now returned from their hunt have seen nothing
stirring. Copy, i p. [CO. 5, 639, fo. 168.]

70. iii. Port Royal, 6 January 1737. Commodore Digby Dent to Governor of
Georgia. [Same as No. 57 i. to Governor of South Carolina.] Copy. i pp. [CO. 5,
639, fos. 94-

71 Thomas Causton to James Oglethorpe, advising of bills of exchange
February 10. drawn on him as follows: 507. sterling to Rowland Pitt and John

Tuck well, 3o/. sterling to Thomas Hucks for like sum received here of
John Brownfield, both of this date. Also as previously advised 5o/. to Charles Purry by
bill dated 10 January last. Signed, i small p. Endorsed, Reed. 6 April 1737. [CO. 5, 639,
fo. 165.]

72 John Brownfield to Trustees for Georgia. I wrote by Capt. Thomson
February 10. 2 o November. My health was then very low and prevented me from

saying anything satisfactory, but it was some comfort that I could
send you a copy of the deed whereby lands have been conveyed to a part of the free-
holders of Savannah. I shall not presume to enter anything in the large register book
without your orders but will keep a small book for inserting immediately all things which
may happen in my employment; and I intend from time to time to send you copies of
the said book that they may receive such amendments and corrections as you are pleased
to make before they are finally ingrossed. I have indeed had your commission as register
but must confess that I never yet did anything deserving of so extraordinary a favour.
Continual illness has prevented me from doing the business which my duty called me to.
Last summer my whole family was ill for several weeks together; one of my servants
was drowned in this river; and another servant attacked me with a sword. He was
committed to prison and died before trial. Hence the delays in discharging my duty.

Had the surveyor (Mr. Jones) given me proper helps by returning plans of his work
I should last spring have made a considerable advance in the rough register before my
illness grew violent. But though I have often asked him for accounts of the lands which
he has run out yet he never delivered me any, and it is impossible that I can register
without proper plans and certificates from the surveyor. As it would be acting partially
not to mention his reasons for this delay I shall insert them here. Mr. Jones being lately
at Mr. Causton's house I happened to go thither and spoke with him concerning the
lands. He said that it was not in his power to draw plans or make proper certificates of
his surveys for want of time; that his field works were not yet made out fair but remained
upon different pieces of paper for the same reason, it being work enough for any one
man to draw plans and certify them; that the pay Mr. Oglethorpe agreed to allow would
not afford hands necessary for the business nor pay him anything for his labour; that
the articles of agreement for surveying were never executed on his part because he could
not before Mr. Oglethorpe's departure judge of the labour which that employment
would require and therefore he only undertook it (by way of trial) for a year. Mr. Jones
urged as a proof of the insufficiency of the pay that he employed one Ford to survey the
farm lots belonging to Derby Ward and the money which Ford had for that work was
more than Jones himself could receive for surveying the whole township. Mr. Causton
told him that he should immediately have acquainted the Trustees with these difficulties
and not have suffered the duty to stand still. He replied that Mr. Oglethorpe knew how
the affair stood and therefore he thought there was no great need of writing to the
Trustees about it. Mr. Causton farther told him that if he would acquaint you with the
case no encouragement should be wanting to enable him to go on till your answer

36 STATE PAPERS COLONIAL [72

came over. Mr. Jones said that he must be out of town to mark the western road which
would^prevent his writing, but desired me to mention it in my letter.

Though the difficulties occasioned by their want of lands have been many to the
inhabitants of this part of the province, yet there are several hardships which some
people lay under after they have obtained their lots. I believe you will find these very
material and they may in some measure account for the slow progress which has been
made in cultivation. A considerable part of the lands lie in cypress swamps and are
continually covered with water : the expense of draining them will be much greater than
poor people can sustain and consequently such lands must continue unimproved. Other
lots happen upon pine land which being poor produce very little when cultivated and
therefore the persons entitled to such are obliged to spend much of their time by working
in town for money to help forward their maintenance. Several, when they have raised
crops of corn or other grain, have lost the major part for want of roads to bring it home,
and many have suffered vast losses by their neighbours' cattle breaking in and destroy-
ing; besides which the wild deer and insects devour abundance. Perhaps the latter part
of these inconveniences may seem trivial, but I assure you that the least falls very heavy
upon a young planter. Proper servants and cattle for labour are the chief helps in agricul-
ture, and both exceedingly wanted here. The servants commonly brought hither from
London are unfit for labour and prove oftener hurtful than advantageous : the manner
in which they are trained up renders them incapable of plantation work and the food
usual for servants they are dissatisfied with.

It may be thought very extraordinary that people who have been so long supported
by your bounty are incapable of maintaining themselves. But I believe when the difficulty
of raising a subsistence in a woody country comes thoroughly to be considered it will
plainly appear that the most laborious and frugal man living, if he has a family, cannot
avoid being in debt though his maintenance for the two first years should be given him.
Even the magistrates and officers, who have had the benefit of three years' provision
and more servants than the people in general are masters of, fall yet very short of sup-
porting themselves by their improvements. If this is the case of those who have had
such considerable helps, surely the man who has none but his own hands to work with
must be much less able to maintain himself by cultivation. What I have hitherto said
regards only such as are able to work hard and manage plantation business well. But
you are sensible that many come to this place who are capable of neither. If sickness
visits a family when your allowance is ended there opens a large expense and consequently
the master of that family must be in debt till the produce of his lands shall (besides a
subsistence) enable him to pay. I have been the more particular in mentioning these
things because an unjust surmise has gained ground to the prejudice of the colony. It
was believed that the inhabitants' luxury and idleness were the chief reasons why more
lands have not been improved. Some may deserve blame upon this account, yet I am of
opinion that the much greater number have cultivated to the best of their power and
would have done more but for the hindrances before mentioned. Besides which, many
inconveniences attend the people's having their lands in different places. There must be
a house built on the town-lot, a hut on the 5 acres, and another on the 45 acres, and some
part of the family must be at each place either to improve or prevent what improvements
are made from being stolen or destroyed. This division of a family occasions the separat-
ing of messes, so that in three different places victuals must be dressed and some con-
veniences at each. I need not say how much this will increase expenses since it appears
too plain. But (as it generally happens) if a man has no servants whom he can trust alone
upon his plantation, it is indeed difficult to improve two spots of land at the same time
and j acres cannot maintain a single person, much less will it support a family. Till we

72] AMERICA AND WEST INDIES 1737 37

can raise some product with which to purchase the goods brought to us from Carolina,
Philadelphia, New York and New England (all those places send provisions hither), it
will be impossible to keep money in the colony and I am afraid a product cannot be
raised till the cultivation of lands is by your wisdom and goodness rendered more easy
to the inhabitants.

To explain how these inconveniences may be remedied will require a capacity in-
finitely superior to mine. I hope my letters are not construed as the effects of a dis-
contented mind; if I am accused of faults I beg to know what they are before your final
determination is fixed. Amongst the many objections which I have heard made to the
execution of your design none has an equal force with this : 'If the laws of Georgia are
agreeable to those of England and that lawyers are not to be allowed here (which is a
great happiness to the province) why don't the Trustees send a book of statutes with
their by-laws annexed that every person may be satisfied of the constitution of the pro-
vince he lives in?' Such a book would take away many ungrateful reflections thrown
on the magistracy and would give the peoples' minds a more sedate idea of the govern-
ment they are under. For nothing is more frequently said than that 'The laws of England
are 1 no laws here and what was law yesterday is none to-day'.

I am glad to see the court take so much pains in examining how the effects of persons
deceased have been applied and bringing the administrators to a just account. These
proceedings will convince our neighbours that fraud is not countenanced here. The
magistrates have lately made use of a method which has very much contributed to the
settling of a good harmony amongst the inhabitants : all actions for debts were formerly
tried in court, which detained men in town several days to serve upon juries and thereby
very near a fifth part of their time was wasted, besides which the frequent granting of
executions proved hurtful to the colony. Whereas now the magistrates meet together
and decide matters of debt in a more amicable manner: they inquire into the reasons
why payment is not made, and if it appears that sickness or any misfortune prevented
such payment they bring the parties to agree upon an allowance of time. But if the
person indebted is found to use any fraudulent behaviour and will not come into reason-
able terms for the satisfaction of his creditors, then that affair is publicly tried at the
next court. By this means much time is saved, the spirit of litigiousness discouraged,
and the people in general well satisfied.

The town of Savannah is subject to several disadvantages in its trade from the want
of a wharf and landing place. We had two or three vessels this summer from Jamaica
and St. Christopher's, and I was sorry to hear the complaints which the masters of those
vessels made for want of a good crane and wharf to unload upon. I heard men of judge-
ment say that ships are above three times longer unloading here than at other ports.

By a letter received from Mr. Verelst upon my arrival here I understood that Mr.
Oglethorpe would settle the register's fee, but his great fatigue of business prevented
him from doing it before his departure. Some people have applied to me for copies of
their grants (which are already inserted in the deed I sent you) and I wrote them accord-
ingly. Several have brought sola bills to be registered which I have likewise done,
notwithstanding that you had given me no orders in this respect. I was unwilling to
show an ill precedent, and as nothing was directed to be paid so I have neither demanded
nor taken any consideration upon these occasions ; and I shall continue acting in the same
manner till I have your commands.

I presume the magistrates have acquainted you with Commodore Dent's letter and
the visit intended us by the Spaniards. All our people are busy upon building a fort and
they work with abundance of spirit which gives reason to believe that if the Spaniards

1 MS. 'or'.

38 STATE PAPERS COLONIAL [73

do not come upon us very suddenly we shall be able to give them a smart reception. It
is our misfortune that the town is almost out of provisions and smallarms will be much
wanted if we should come to action. Our town will be in the utmost danger should they
attack us on the east, west or south side, which may be easily set on fire, for in those
parts we have not the least security. But our new fort near your garden and two batteries
which are now building almost close to the water's edge will prevent any attempts from
the north quarter by boats or otherwise. Signed. 3 pp. [CO. 5, 639, fos. 142-143 ; duplicate
at fos. 153-154-]

73 List of trustees proposed by Thomas Coram for a new settlement in
February n. Nova Scotia. The undernamed noblemen and gentlemen have con-
sented to be trustees : Duke of Montagu, Viscount Torrington, Lord Delawarr, Horatio
Walpole, Sir Charles Wager, Earl of Granard, and two or three others who have not
given me leave to mention their names until it be seen that this design will be encouraged.
There are several M.P.s and principal merchants who I am morally sure will readily
consent to be trustees for the same good purpose, but I refrain asking it of them yet.
Signed, i small p. Endorsed, Reed., Read n February 1736/7. [CO. 217, j,fo. 201.]

74 Alured Popple to Attorney- and Solicitor-General requesting their
February n. opinion in point of law on the enclosed case. Entry. \ p. Enclosed,

74. i. The case of a grant ot an office in Barbados under the private seal of the
governor. [See No. in.] 3 pp. [CO. 29, 16, pp. 59-62.]

75 President John Gregory to Council of Trade and Plantations, enclosing
February 12. duplicates of some bills and of the journals and minutes of council,

and of journals of assembly to this present session. As our annual
laws were near expiring and I had some matters of consequence to lay before the assembly
I judged it necessary to call them. I enclose my speech to them with their address. The
four gentlemen of the council who withdrew their attendance have kept their resolution,
by which means we often lay under the difficulty of making a quorum, there being but
six remaining besides myself. I believe this act of theirs will hardly be justified, but that
I submit to you and the ministry. The country is still quiet in respect to the rebels and
I have made the best dispositions I can to continue them so. Signed, i p. Endorsed, Reed.
22 April, Read 26 April 1737. Enclosed,

75 . i. Speech of President Gregory to council and assembly of Jamaica, proposing
renewal of annual laws. Our first care should be to provide for our security by a
sufficient number of white inhabitants. The way to do that is by making this a good
poor man's country, by giving all proper encouragement, by suppressing all negro
tradesmen and boatmen, by setting up some manufactures of cotton, and by cultivat-
ing coffee by the labour of white people only. Another thing is the establishing some
schools for the education of our youth. Copy, i large p.

75. ii. Address of assembly in reply to preceding, passed 10 February 1736/7.
Copy. Signatory, William Needham, speaker. Answer of President Gregory to the
address. i large pp. Endorsed, as covering letter. [CO. 137, 22, fos. 114-118^.]

76 Robert Millar to [? Trustees for Georgia]. I arrived here 6th of this
February 12. month. The ipecacuana plants which I left here under the care of two

Jamaica 1 ' gentlemen of repute being still alive and promising well, I will send

some of them to Georgia about a month hence, so they will have the

whole summer before them. Some I shall keep here to endeavour to bring them to seed :

79] AMERICA AND WEST INDIES 1737

then we shall be sure of a stock of them and I hope in time will prove a valuable com-
modity. There not having been any regular rains in this part of the island for these 12
months past, the gentlemen under whose care I left them transplanted them some time
ago up to Liguanea mountains where there were more regular seasons. This I imagine
is the reason for their not coming to that perfection this last year as I apprehended they
would. I have waited on the agents of the South Sea Company in this place who have
assured me of their friendship in order to get a passage to Vera Cruz to proceed to
Mexico for julep, cochineal, etc., as mentioned in your instructions to me. I hope the
Duke of Richmond by this time has obtained some letters from the Count de Montijo
about my licence from the court of Spain, which I shall here wait for and I hope I may
expect them soon. In the meantime according to your orders shall immediately begin
upon making my collections in this island. Signed, i p. [CO. 5, 639, /0. 86.]

77 Peter Leheup to [? Alured Popple]. Mr. Ashley has entirely quitted
February 14. his place in the council in Barbados; Mr. Walpole and I have letters

Chambers. ^ rom ^ im ^ rom Rotter dam to that purpose. I desire you will move the

Council of Trade and Plantations to appoint Col. Maycock to succeed

to the place, he being recommended by President Dottin whose daughter he married,

and a person of good rank. Signed, i small p. Endorsed, Reed. 14 February, Read 16

February 1736/7. [CO. 28, 24, fos. 191, 191^, 194, 194^.]

78 H. W. Guerdes to Society for Promoting Christian Knowledge. Von
February 15. Reck has signified by letters from Hanover that his voyage home has

been more expensive than he expected. The present from the Trustees for defraying the
voyage did not suffice and he asks the society for further supply to enable him to complete
his journey to Ratisbon. Copy, i p. [CO. 5, 639, fos. 108-109^.]

79 Ferdinand John Paris, solicitor for Mr. Rindge, agent for New
Surrey-street. Hampshire, to Alured Popple, enclosing Order of Council relating to

the establishment of a commission upon the boundaries between New
Hampshire and Massachusetts, and requesting that the same be expedited. A former
proposal that the assemblies of the two provinces should be kept sitting or under short
prorogation has been dropped at the instigation of the agent for Massachusetts. By both
the present order and the commission, appeal against the determination of the com-
missioners must be made within a limited time. The former conduct of Massachusetts
in this affair; the many endeavours used by them to delay if not to prevent this com-
mission; the governor of New Hampshire being a native of and governor over
Massachusetts Bay; his late declaration that the lines in contest would never be run;
and the consideration that he alone calls the assembly of New Hampshire: all these
considerations cause anxiety lest an assembly of New Hampshire should not be called
to determine this affair and that, for want thereof, the commissioners' determination
against them should become final. Their lordships are desired to interpose that New
Hampshire may not thereby be deprived of the right of appeal. Signed, 2 small pp.
Endorsed, Reed., Read 16 February 1736/7. Enclosed,

79. i. Order of Council on a report from Committee for Plantation Affairs dated
4th inst. [See A.P.C. (Colonial Series), 1730-45, pp. 130-132] that the Attorney- and
Solicitor-General prepare a draft of a commission for settling the boundaries of
Massachusetts and New Hampshire and that the Council of Trade and Plantations
give notice to the governors of New York, New Jersey, Nova Scotia and Rhode

40 STATE PAPERS COLONIAL [80

Island of H.M.'s intended commission and write letters to the governor of Massachu-
setts and New Hampshire to recommend the councils and assemblies of those
provinces to appoint representatives and to prepare a plain and full statement of
their demands. Signed, W. Sharpe. Seal. 6 pp. Endorsed, as covering letter. [CO. 5,

80 Letter from John Yeamans. In answer to your question of yesterday,
February 15. the Fleuron after her condemnation at Montserrat was put up for sale

for iooo/. but no one there offering that price she was carried to Antigua where, though
we have no certain account of it, it is thought she was sold. There are no late letters in
town from the last-mentioned island, but the conjecture is that the Fleuron is gone to the
north of America with a loading of rum, there being no freight to be had for London.
Her sugars were taken out immediately after her condemnation, put on board a ship
bound to London, and consigned to Mr. Gerrish of Mark Lane; but he sent them to
Holland, the Commissioners of Customs having refused to admit them to entry under
English duties. Signed. i| small/)/). [CO. 152, 44, fos. 89-90^.]

81 Memorial of John Rodolph Ochs to Council of Trade and Plantations
[February 16.] concerning settlement of Swiss in America. There are penty of in-

dustrious and laborious people in Switzerland who with proper encouragement could
become settlers in America. As a result of the mismanagement of Mr. Purry and the
misleading book which he published the people he brought over were disappointed
and many are said to have died or fallen sick. The governments of Zurich and Berne
have accordingly forbidden their subjects to go to America and there are now only some
little cantons such as Appenzell where emigration is still allowed. A party of 80 families
from this canton went last October to the Savannah river, but they will soon decrease
in numbers and the country will be little the better for them. Help for them would be
ill-employed, as well as on those settled at the charge of the government at Purrysburg
two years ago: 40 out of 109 died within two months of arrival. Another party of 6000
Switzers has been proposed for settlement in Neuse river in North Carolina by the agent
of Governor Johnston. The disturbances resulting from so many different parties will
certainly cause emigration from Switzerland to be prohibited. If the Swiss are to be
encouraged you should examine where they can best be settled so as to preserve their
health and prove most serviceable by producing the crops they know how to cultivate,
vizt. wheat and other grains, vines, hemp, flax, cotton (in silk and potash they must be
instructed) and many other useful commodities. The Savannah river is not suitable for
them; it is good only for planting rice which necessitates slaves. It is certain that of all
the projected settlements none has such a chance of success, as regards both health and
production, as Mr. Jenner's proposal for the mountains in North Carolina or Virginia
which deserves to be countenanced above all others. Signed. 3 pp. Endorsed, Reed.
16 February, Read n March 1736/7. [CO. 5, 295, fos. 73~

82 Same to same. I have received letters from Mr. Jenner and his associates

[February 16.] in Switzerland with replies to your objections to the articles of settle-
ment. There would be no more danger in settling a colony of foreign Protestants in
North Carolina than there is from the 30,000 in Pennsylvania. The privilege of serving
in all offices, military and civil, in the colony is justified for those who are giving up
citizenship in their own country and bringing with them a stock of 6ooo/. sterling to
settle and support themselves. Your insistance upon 4^. quitrent per 100 acres would
provoke the inhabitants of North Carolina against the Swiss for setting a precedent, the

86] AMERICA AND WEST INDIES 1737 41

Lords Proprietors having demanded no more than is. The land proposed for settlement
is already encumbered by heavy transport charges both for land and water carriage. The
limitation of 10 square miles is very disadvantageous for we are told that the land border-
ing the Roanoke river is all taken up and what is left is hilly and rocky so that in an area
of 10 miles square perhaps not a quarter is good land, for which a quitrent of 4*. would
be hard. Mr. Jenner is aware of a powerful opposition hindering the grant and perceives
the same influence in the Council, but acknowledges your general good disposition.

In view of all these difficulties and having received an offer from Virginia to sell
them 30,000 acres of land bordering on a river, the Swiss thought it best to buy the land
for themselves instead of applying for a grant. They hope thereby to show themselves
serviceable to the province they settle in and advantageous to the nation without making
a great noise or pretending to perform great matters. They ask you only for recommenda-
tion to the government of Virginia, exemption from quitrents and taxes for 10 years (by
reason that their land lies so far from navigable rivers), and that all land not taken up in
those parts may be reserved for the increase of this colony. They will take up the land
originally petitioned for only if they can choose it in parcels where they find it con-
venient and have it at is. quitrent; otherwise they will decline. They would rather pay
4-r. for land in the lower parts on the river sides. Signed. 3 pp. Endorsed, Reed. 16 February,
Read n March 1736/7. [CO. 5, 295, fos. 76-77^.]

83 Royal licence of absence for one year to Gilbert Fleming, lieut.-
February 16. governor of St. Christopher's, in order to pass an account at the
St. James's. Exchequer> Entry , l p , [ C .O. 324, 37,^. 39.]

84 Alured Popple to Francis Fane, enclosing copy of two paragraphs in
February 16. a letter from Governor Fitzwilliam dated 12 November last relating

to the estate of a deceased mulatto and to treasure found at Providence,
for his opinion in point of law on the two cases mentioned. Entry, i p. [C.O. 24, i,fos.
, 161.]

85 Attorney- and Solicitor-General to [Alured Popple 1 ]. We have perused
February 16. the case you enclosed to us and find it necessary to trouble you to

transmit to us a copy of Lord Howe's commission, which is but shortly stated therein,
that we may the better judge when we peruse the whole whether the office of surveyor-
general was in his power to dispose of by that commission and whether his private seal
at arms be a proper way of putting that power in execution. We therefore desire to see
the same and to know whether the governor's private seal is commonly made use of in
the grants of any and what offices in the Plantations. It will likewise be necessary to be
informed whether the instance in 1 690 of a grant of the same nature be the only instance
of the grant of that office, or whether it has been usually granted in the same or any and
what different manner and under what seal and whether generally or for life or at
pleasure. Signed, D. Ryder, J. Strange, i small p. Endorsed, Reed., Read 17 February
1736/7. [CO. 28, 24, fos. 192-193^.]

86 Alured Popple to Attorney- and Solicitor-General, replying to letter
February 17. of 1 6 February and enclosing draft of the commission which Lord

Howe had for the government of Barbados. Please return. I can make
you no other answers to the two questions you ask but such as are grounded upon
information only. In answer to the first, I have been informed, and I believe it has been

1 See No. 86.

42 STATE PAPERS COLONIAL [87

the custom, to issue commissions for the judges and justices of the peace under the great
seal. But military commissions, some of less authority, and proclamations have been
issued under the governor's private seal at arms. In answer to the second question, I
know of no commission of this nature but that granted in 1 690 and Mr. Edlington's, of
which I sent you a copy and which is in the same terms exactly as that granted in 1 690.
Entry, if pp. [C.O. 29, 16, pp. 63-64.]

87 Same to Josiah Burchett, Secretary to the Admiralty, enclosing copy
February 17. o f letter lately received from Governor Fitzwilliam complaining of

conduct of Capt. Simonds, commander of H.M. sloop Shark stationed
at the Bahama Islands. You will please lay them before the Lords Commissioners of the
Admiralty. Entry. | p. [C.O. 24, i t fo. i6id.]

88 Council of Trade and Plantations to the King, recommending John
February 17. Maycock to be a councillor in Barbados in the room of Mr. Ashley

whitehal. v?h o k as j e t ^ j s j anc j w ithout any design to return thereto. Entry.
Signatories, Fitzwalter, Martin Bladen, Orlando Bridgeman, James Brudenell, R. Plumer.
\p. [CO. 29, i6,p. 62.]

89 Same to Governor Jonathan Belcher. A commission is being prepared
February 18. (the charges of which the agents of Massachusetts and New Hampshire

have agreed are reasonable, equally to be borne by both provinces)
appointing the five eldest councillors of New York, New Jersey, Nova Scotia and
Rhode Island (except only Major Mascarene of Nova Scotia who appears to be a person
interested in Massachusetts) commissioners for settling the boundaries between Massa-
chusetts and New Hampshire, care being taken that private property should not be
affected thereby. You are required to recommend to the Massachusetts assembly to
appoint two public officers residing in that province on either of whom notices, summons
or final judgement of the commissioners can be served, and to send the names of such
officers to the commissioners at their first meeting together with a plain and full state
of the demands of Massachusetts in writing and describing where the southern and
northern parts of New Hampshire ought to begin and what course they ought to run.
In case of omission the commissioners are empowered to proceed ex parte. We enclose
copy of Order-in-Council of 9th inst. and expect you to carry out every particular thereof.
We likewise send directions to the same effect to Col. David Dunbar with a copy of the
said order that he may in case of your absence carry the same into execution in New
Hampshire. Entry. Signatories, Fitzwalter, M. Bladen, J. Brudenell, R. Plumer, 2^ pp.
[C.O. 5, 917,/w.

90 Same to Governors of New York, New Jersey, Nova Scotia and Rhode
February 18. Island, informing them of the commission now being prepared to

white a . appoint the five eldest councillors of these four provinces (Major
Mascarene excepted) as commissioners for settling the boundaries between Massachu-
setts and New Hampshire. They are to inform the said commissioners of the time and
place of the first meeting. Charges of the commission are to be borne by Massachusetts
and New Hampshire. Draft. Signatories, Fitzwalter, T. Pelham, M. Bladen, Orlando
Bridgeman, R. Plumer. 2. pp. [C.O. 5, 896, fos. 87-88^.]

91 Josiah Burchett to Alured Popple. In answer to your letter of yesterday
February 18. enclosing a complaint against Capt. Symonds, commander of H.M.

Admiralty. s \ OO p Shark, from the governor of the Bahama Islands, he is directed

92] AMERICA AND WEST INDIES 1737 43

to behave himself in such manner to the governor and civil magistrates as may tend to
the countenancing and encouragement of the people who are settled in those islands
and to the just authority of the same; otherwise he will be sent for home and called to a
strict account. He is to give a particular answer to this complaint. Signed, i p. Endorsed,
Reed. 19 February, Read 24 February 1736/7. [CO. 23, },fos. 229-230^.]

92 Governor Richard Fitzwilliam to Duke of Newcastle. Two days since

February 18. arrived here from Havana a French sloop commanded by one La Rue
rovi ence. w ^ o Brought hither 40 English seamen belonging to several sloops
taken from H.M.'s subjects by the inhabitants of Cuba whose governor kept them
prisoners and at hard labour for some time past; by the master of one of which sloops I
had privately conveyed me a letter from Anthony Weltden, the South Sea factor,
wherein were enclosed two letters for Mr. Oglethorpe left open for my perusal, upon
receipt whereof I sent for the seamen aforementioned to learn from them what they
knew further concerning the armament of the Spaniards at Havana. They not only
confirmed what the factor had written but also told me it was talked publicly there that
this island was to be invaded as well as Georgia, which induced me to examine the most
sensible of them on oath, whose depositions I have enclosed and submit how far they
ought to be credited by you. But this intelligence has created such fear in the inhabitants
that many of them talk of removing themselves and effects from the island to some place
of greater security; and what makes them yet more apprehensive of danger is that Bias
Roderigues mentioned in the deposition of Darkins is the man who plundered this
island twice in her late majesty's reign. One Lynch among the deponents is a very shrewd
sensible fellow, though you will observe his mark is only to the deposition, having lost
the use of his hands by the dry bellyache. You will also observe that he avoids naming
that officer of the King of Spain who confirmed to him the intentions against Georgia
and alleged for reason that, as he had a particular regard for him, he was apprehensive
that if his deposition should fall into the hands of any of the Spanish ministers his friend
might lose his bread ; but in private conversation he told me it was one Hays an Irishman
who is master of the 5 o-gun ship.

I have so often apprized you and the rest of the ministry of the defenceless condition
of this place that it is needless to take up any of your time at present upon that head.
But I hope you will be convinced that however bad my situation is or my actions or
state of this colony may have hitherto been represented by means of a person who envies
me your protection, I shall endeavour to acquit myself upon all occasions in a manner
becoming a faithful servant and good subject. I thank you for giving me an opportunity
of clearing my character by obtaining H.M.'s reference of the complaints exhibited
against me to a committee of Council to whom I hope and doubt not it will appear that
I am not entirely unworthy of the many favours you have conferred upon me. But as
their lordships' directions to answer those complaints are but just come to my hands,
the country alarmed, and the assembly just going to meet upon that occasion, I beg you
will induce their lordships to excuse my deferring to obey their commands five or six
weeks, by which time I hope our present apprehensions of danger from our neighbours
of Havana will vanish and I shall have leisure to form my answer. Signed. i\pp. Endorsed,
Reed. 7 June. Enclosed,

92. i. Havana, 6 February 1737. Anthony Weltden to Governor Fitzwilliam. As
my station of factor to the South Sea Company gives me opportunity ot observing
what armaments are carrying on in this port so whenever anything of that kind is in
agitation I shall endeavour to apprize you and hope to succeed in the method I have
taken of conveying this letter to you, which encloses others left open for your perusal

44 STATE PAPERS COLONIAL [92

containing all the notices I can at present furnish you with. If our governor has no
real design against any part of H.M.'s dominions he certainly has one against his
trading subjects and will not fail to condemn all sorts of prizes brought in here by
his privateers.

I now send away all the English prisoners in this town whom I have maintained
in my house for some months. As the company makes me no allowance for supporting
these distressed people (who centre here from all parts of the Spanish West Indies),
it being properly the governor's concern, I leave it to your judgment if it is not a
cause worthy of H.M.'s governors in these parts to represent to the ministry that
some future provision should be made for the maintenance of so many of the King's
subjects and to defray the charge of sending them to an English colony which can
only be done by the company's factors, and if they refuse them assistance they will
all be forced to enter into the Spanish service for bread. Signed, z small pp.

92. ii. Same date and place. Same to James Oglethorpe. I hope you will give
some attention to the particulars of the enclosed letter from my brother, as other
circumstances concur to strengthen the suspicion of a design forming against your
colony of Georgia. The true history of the person here called Mr. Wall cannot be
unknown to our governor, yet he treats him with respect but watches him closely
and has strictly forbid his conversing with any English. Besides which, particular
pains have been taken to engage a sailor now in my house reputed to be a good pilot
on your coasts to carry a vessel to one of the Bahama islands on pretence of bringing
back a load of salt, a commodity of so little value here at present that it won't pay
its freight. But a stronger motive for suspicion is the present arming in this port of
a 24-gun ship with a sloop or two which may be ready to sail by the end of this
month, when is expected to arrive the Barlo Vento squadron from Vera Cruz con-
sisting generally of a 60- or 5 o-gun ship with one smaller to which may be added one
of 60 and one of 50 now in this harbour ready to put to sea; and in case of a descent
this garrison may well spare 600 men joined to about the same number in St.
Augustine. Copy, i p.

92. iii. Havana, 17 January (N.S.) 1737. Henry Weltden to James Oglethorpe.
As I am not quite a stranger to you, having received favours at your hands in Georgia,
I shall depend on your kind reception of what I relate. A person who is lately come
from Spain hither under the character of an engineer, being treated with great
respect by the governor and everybody of distinction here, gives me no small sur-
prise, having known the man in Carolina a bailly named John Savy but at present
styles himself Col. Wall. Hearing of my being here, he desired to speak to me in
private, the purport of which was to enjoin my not giving out that I knew him, as
it would certainly occasion my being put into the Moor Castle. Willing to know the
cause of that danger, by the help of the bottle I got the noble colonel to disclose his
scheme (or pretended one) which was to this effect: that he went from Paris to the
Court of Madrid where he gave in his proposals to the minister Patino setting forth
the weak state of Georgia which country he affirmed belonged to his Catholic
Majesty and that a small number of troops might drive out or destroy the present
incumbents, offering himself to be their guide as knowing that country, which
scheme he says was accepted and is to be executed in three or four months. The
whole seems to be a piece of extravagance but as it is generally thought he brings a
secret commission from the prime minister I think it proper to send you this notice.
Copy. i$pp.

92. iv. Affidavit of Thomas Lynch, late of Ca[ ? diz 1 ] in Spain, gentleman, sworn

1 Document torn.

92] AMERICA AND WEST INDIES 1737 45

17 February 1736/7 at Nassau in New Providence before Governor Fitzwilliam. In
Havana in December last a person styled Col. Wall (whose true name deponent was
informed is John Savy) arrived from Spain; thereupon a ship of 50 guns and another
of 60 then loading for Spain were stayed and unrigged. Soon after a ship of 24 guns
and a large sloop were ordered to be fitted to sea to carry (as deponent was informed)
troops to St. Augustine, Col. Wall to be their guide into Georgia, where and at South
Carolina he was formerly a trader with the Indians. Wall gave deponent hints of
this design, which was confirmed by a Spanish officer. The three ships and sloop
may be ready to sail about the beginning of next month. Capt. Bias Roderigues, in
conversation with deponent, Donovan (mate of a Spanish vessel) and Jacob Phenix
(master of a sloop lately taken by the Spaniards), expressed a desire to find a pilot to
carry him to Providence. Roderigues conferred with John Darkins on this matter.
Signed, Thomas Lynch his mark, Richard Fitzwilliam. i p.

92. v. Affidavit of John Darkins of Rhode Island, mariner, sworn as preceding.
Deponent was mate of sloop Wheel of Fortune of Rhode Island commanded by Roger
Maddox, taken by a Spanish guardacosta about four leagues from Havana on 12
September last. He was confined in the said sloop at Havana for three months and
afterwards supported at the English factory. Col. Wall (whom deponent knew in
Charleston as John Savy, an Indian trader and afterwards a deputy marshal) said
that he had four or five blank commissions from the King of Spain to bestow on
British subjects. On Wall's arrival at Havana, two ships loading for Spain were
stayed. Bias Roderigues tried to persuade deponent to land him either at Exuma or
at a savannah on Providence, but he refused. Deponent was informed that Wall is to
guide the Spanish troops to be embarked at beginning of March with a design to
land on some of the Bahama Islands or in Georgia. Deponent believes that Benjamin
Higgs was detained or seduced to stay at Havana to accept the pilotage which he
refused. Signed, John Darkins, Richard Fitzwilliam. i\pp.

92. vi. Affidavit of Jacob Phenix of New York, late master of sloop Free Mason
of Jamaica, sworn as preceding. The said sloop sailing from Jamaica bound for
Cowes and thence to Amsterdam with a cargo of 45 tons of lignum vitae, 1600 hides
and about a thousand weight of tobacco, was taken on 29 August last about 20
leagues from the Colorados by a Spanish guardacosta, Juan Fondeno commander.
They were taken to Havana where the ship and cargo were condemned before
deponent or any members of his crew had been examined or any formal prosecution
begun. Deponent was imprisoned on board a ship, in the Moor Castle, and in irons
in the common prison. He was informed that two ships were preparing to take
troops (sailing about the beginning of March) to land in the Bahamas or in Georgia.
On the arrival from Spain of John Savy, now called Col. Wall, two royal ships
loading for Spain were unrigged. Wall told deponent he had commissions for four
or five British subjects who would serve the King of Spain and that he was very well
acquainted with South Carolina and Georgia. Signed, Jacob Phenix, Richard Fitz-
william. i \ pp.

92. vii. Affidavit of James Wilson of Rhode Island, mariner, sworn as preceding.
Deponent was sailor in Wheel of Fortune taken near Havana on 12 September by the
Triumph, a Spanish guardacosta, and was carried to Havana where he was confined
for two months and forced to work. After release he was at the English factory where
he was told by sundry persons and also by the Irish soldiers of that garrison that a
24-gun ship and a i6-gun sloop were to make a descent both upon the Bahama
Islands and upon Georgia, putting to sea probably in March. Signed, James Wilson
his mark, Richard Fitzwilliam. i p.

46 STATE PAPtRS COLONIAL [93

92. viii. Affidavit of John Salter, sworn as preceding. Deponent was a sailor on
the sloop Free Mason taken by a Spanish guardacosta [as in vi. above]. He with others
belonging to the sloop was confined at Havana above four months until they made
their escape at different times to the English factory. Deponent was informed that
two ships were preparing to take troops (sailing about the beginning of March) to
land upon the Bahama Islands and Georgia. Signed, John Salter, Richard Fitzwilliam.
i p. [CO. 23, i4,fos. 282-299^.]

93 Duke of Newcastle to Council of Trade and Plantations, enclosing

February 19. CO py of memorial of M. Hop, Envoy Extraordinary from the States

whitehai . General, and directing that enquiry be made into the complaints therein

contained. Signed, \\pp- 'Endorsed, Reed. 21 February, Read 23 February 1736/7. Enclosed,

93. i. M. Hop's memorial, London, 11/22 February 1736/7, complaining of
damages and acts of hostility committed by English ships commissioned by Governor
Mathew against the Dutch at St. Eustatius. Dutch ships have been seized, taken to
Montserrat, and condemned. The directors of the West India Company are also
concerned at the seizure of the Dauphin which was condemned on conflicting
evidence: William Hawkins deposed that the ship was taken \\ leagues from the
coast of St. Christopher's, William Wilkinson that it was z\ leagues. Restitution,
damages, and the prevention of such acts in the future are sought. French. Copy.
Endorsed, as covering letter. $\pp.

93. ii. St. Eustatius, 8 October 1736. Council of St. Eustatius to Directors of
West India Company of the Chamber of Amsterdam, seeking relief from molestations
of the English commissioned by Governor Mathew. The English have now six
commissioned vessels at sea. Papers are enclosed as evidence of what the English
have done. Copy. j| pp.

93. iii. Council of St. Eustatius to Governor Mathew, 20 September 1736,
asking the reasons for the seizure of the Two Sisters and other vessels, and whether
these seizures were authorized by the governor. Copy, attested. 3 pp.

93. iv. Governor Mathew's reply to preceding, Antigua, 14 September 1736.
To prevent illegal trade and that no chicane may happen by false passports I will
have every vessel examined throughout my government. Copy, attested. 2 pp.

93. v. Act of 1701 to prevent trade with French and other foreigners by the
inhabitants of the Leeward Islands. Copy, attested. 5^ pp.

93. vi. Petition of Jan Sager of St. Eustatius to the Commander Provisional of
the island, 4 October 1736, complaining of losses through the condemnation at
Montserrat of goods out of a French ship the Catherine, and through the condemna-
tion of the Two Sisters also at Montserrat. Copy, attested. z\ pp.

93. vii. 2 February 1737. Remonstration of Directors of West India Company
to the States General that representations should be made to Great Britain concerning
the English attacks on Dutch shipping and that restitution and damages should be
obtained. Copy. 4! pp.

93. viii. J. H. Pieters and Jaspar Ellis to John Markoe, Commander Provisional,
and the Council of St. Eustatius, reporting an interview with Governor Mathew at
Antigua on 25 September [1736]. The governor declared that he would ruin all
English and French trade to St. Eustatius because the governors grant too large
privileges to those that trade to Rhode Island. At Montserrat we saw a ship belonging
to St. Eustatius seized and detained because the English insist that, the crew being
mostly French, the ship must be French also. Copy. 4^ pp.

94J AMERICA AND WEST INDIES 1737 47

93. ix. Attestation by the Commander Provisional and the Council of St.
Eustatius that Robert Stuart, merchant of the same place, declared on oath that he
heard Governor Mathew say that he would confiscate all French ships taken by his
privateers if they had English merchandize aboard. 6 October 1736. Copy, attested.
2 pp.

93. x. Same by the same that Jan Sayer declared that when he went to Montserrat
to reclaim his ship the St. Anthony he heard the president of Montserrat and members
of the council and others say that they would confiscate all French vessels that had
any goods aboard that had been sold there by the English even though they had
been bought by the Dutch and resold to the French. 6 October 1736. Copy, attested.
2 pp.

93. xi. Same by the same that Daniel Mombruyn, passenger in the Drle Vrienden
(or 'Three Friends) Daniel McDaniel commander, of St. Eustatius, declared that the
said ship was seized on 17 September being about i| miles from the coast of St.
Eustatius and full 5 miles from any English shore : the ship was carried to Montserrat
and there condemned. 6 October 1736. Copy, attested. 2 pp.

93. xii. Abstract of proceedings in the High Court of Admiralty of Montserrat
before George Wyke, 1 5 September 1736. Libel against the Dolphin, Daniel McDaniel
master : William Welch commander of Mulberry commissioned by the governor of
the Leeward Islands propounds that the Dolphin is a French ship navigated wholly
by French mariners and that she infringed the Act of Montserrat of 1736 by being
within a league of the shore of St. Christopher's, having on board divers goods, vizt.
45 hogsheads sugar, 6 hogsheads claret, 4 hogsheads white wine, 24 anchors brandy
and 2 bags coffee. William Welch therefore claims the condemnation of the said ship.
Daniel McDaniel, a Frenchman born, claims the ship on the ground that she trans-
gressed no law. William Hawkins deposes that he was on the Mulberry when the
Dolphin was taken and that that ship was then within i| miles of the shore of St.
Christopher's. He further says that all the crew were French but one, and that there
were French colours but no Dutch colours aboard. William Wilkinson deposes that
he was on the Mulberry when the Dolphin was taken: that ship was then within i\
miles of the coast of St. Christopher's. Thomas Fullavance of Dolphin deposes that
the goods in the said ship were taken aboard at a French island called Grande Terre
where the Dolphin was looked upon as a Dutch ship. William Wyke of Montserrat
deposes that McDaniel told him that he owned one-third part of the Dolphin, the
other owners being a gentleman of St. Eustatius and one M. Sagaran. A minute was
made by the court to the effect that the proper name of the ship was the Three Friends
not the Dolphin. Roger Wyke of Montserrat deposes that an attempt was made by
Jasper Ellis of St. Eustatius to interfere with the course of justice in this case by
bribery. The court condemned the ship, one-third to the King for the use of the
government of Montserrat and two-thirds to the owners of the Mulberry. Copy,
attested. 14 pp. [CO. 152, zz,fos. 265-268^, 270-297^.]

94 The case of Thomas Cresap of Baltimore county in Maryland. On

[February 19.] 24 November Samuel Smith, sheriff of Lancaster county, with about
24 or 26 armed persons surrounded Cresap's house and called on him to surrender.
Despite his reading Hawkins's Pleas of the Crown to them, they fired on the house several
times and set it on fire. On leaving the house Cresap was wounded and made prisoner;
Loughlin Malone, a servant, was also shot and died of wounds he said were inflicted
by David Priest. Cresap was then put in irons in Philadelphia gaol. The following were
witnesses of the above facts : Miles Foy, Michael Risner, Jacob Mathias Minshar. Copy.

48 STATE PAPERS COLONIAL [94

i pp. "Endorsed, Reed. 19 February 1736/7 from Mr. Sharpe, Read 8 June 1737. Accom-
panying papers,

94. i. Samuel Ogle to President and Council of Pennsylvania, i December 1736.
I have nominated Edmund Jennings, secretary, and David Dulany, attorney-general
of this province, to represent to your board the barbarous attack by your inhabitants
on Capt. Cresap. Copy, f p.

94. ii. Philadelphia, 7 December 1736. Edmund Jennings and David Dulany to
same, setting forth the circumstances of the attack on Capt. Cresap. The sheriff" and
the other incendiaries and murderers should be handed over for trial in the province
where the fact was committed. Copy. i$pp.

94. iii. Philadelphia, 10 December 1736. President James Logan to Edmund
Jennings and David Dulany. The place of Capt. Cresap's settlement is not admitted
to be in Maryland; a case in Chancery between our proprietors and yours is now
depending and we cannot acknowledge your right there. The case was violent, but
the provocation was great, vizt. a plan of which we have proof to throw out of their
dwellings 60 German families who had been induced to believe that they had settled
in Maryland instead of Pennsylvania. Cresap had brought up arms and ammunition
and had enlisted men to assist him against the Pennsylvanians. The sheriff of Lan-
caster had a warrant for Cresap's arrest on a charge of murder and was nearly 20
miles within his county. There is strong evidence that the person killed fell by a
shot from Cresap's party. The house belonged to a Pennsylvanian. It appears evident
that Cresap and his accomplices are accountable. Copy. 3 pp. Endorsed, as covering
document.

94. iv. List of 3 3 persons concerned in the burning of Thomas Cresap's house
and the murder of Loughlin Malone. i p.

94. v. Philadelphia, u December 1736. Edmund Jennings and David Dulany
to President and Council of Pennsylvania. We do not accept your arguments. It is
neither just nor prudent in the sheriff and justices of Lancaster county to anticipate
with armed force the decree of the Court of Chancery. The incendiarists and
murderers have not been apprehended by your government. As to the persons you
mention were to be turned out for disowning the jurisdiction of Lord Baltimore, they
must be ignorant foreigners or they would not have been so far deluded as to imagine
they can divest Lord Baltimore of his rents or services and transfer their obedience
to another province or that any engagement of fidelity to the proprietors of Pennsyl-
vania would justify them. When persons are instigated to refuse their proportion of
taxes, are they not to be reclaimed by the officers of justice ? No house was burnt and
no subject killed by the force sent by Maryland.

The murder alleged against Cresap occurred many years ago when a number of
inhabitants of Pennsylvania attacked his house and broke in; he killed one in self-
defence. Even if Malone was accidentally shot by Cresap's party the responsibility is
on the attackers : the alleged fact that the house did not belong to Cresap does not
alter the case unless it be thought less criminal to burn a house possessed by a tenant
because the landlord does not live in it. We call upon you to apprehend the offenders
so that they may be tried where H.M. shall decide; and to release on bail Cresap, Foy,
Risner and Minshar. Copy. 3^ large pp. Endorsed, as covering document.

94. vi. 14 December 1736, Philadelphia. President James Logan to Edmund
Jennings and David Dulany. The place where Cresap settled was many years since
surveyed in the right of our proprietors; persons were settled there and paid taxes
to this government. An officer executing a legal warrant against a criminal was never
yet accounted an aggressor. The Germans who settle here are obliged, on account

95] AMERICA AND WEST INDIES 1737 49

of our too near neighbours the French, not only to swear allegiance to H.M. but also
to promise fidelity to the proprietors and this government, a practice used only with
them and no others. We cannot agree to release Cresap on bail. If your governor will
agree upon some certain boundaries to limit the jurisdiction of the province without
prejudice to either proprietor till the whole dispute is ended, we shall cheerfully come
into any methods consistent with law and common justice. Copy, z pp. Endorsed, as
covering document.

94. vii. Philadelphia, 15 December 1736. Edmund Jennings and David Dulany
to President and Council of Pennsylvania. We are disappointed that you will agree to
neither of our proposals of izth inst. Perhaps H.M. may think his justice eluded by
giving the offenders an opportunity of escaping. You mention that the Germans
only enter into an engagement of fidelity to your proprietors ; why are they so dis-
tinguished from other nations ? PS. We are greatly surprised that you will not re-
lease on bail the men, taken with Cresap ; we were told by the president yesterday
that they would be released. Copy, if pp.

94. viii. Proceedings of Supreme Court at Philadelphia, 24 September 1736,
before James Logan, Jeremiah Langhorn and Thomas Graeme, justices of the said
court. Rex v. William Rumsey. Rumsey's remonstrance denying the jurisdiction of
the court was rejected, the place where the offence was committed being within the
bounds of Pennsylvania. A day was given for him to answer the charge against him.
Copy, certified by Josiah Lawrence, protonotary. i p.

94. ix. Petition of William Rumsey of Cecil county, Maryland, to Supreme Court
of Pennsylvania. The petitioner refused to answer the indictment against him and
denied the jurisdiction of the court.

Petition of William Cannon of Baltimore county, Maryland, to Supreme Court
of Pennsylvania. The petitioner refused to recognise the jurisdiction of the court
over him and prayed to be discharged or else that judgment be rendered against him.

The court did not think it prudent to proceed to judgment against the petitioners
lest the same should be construed a contempt of the authority to whom the govern-
ment had applied for relief. The petitioners therefore stand committed until they give
security in the sum of ioo/. each to appear at the next supreme court on 24 September.
Copy, certified as preceding. $\pp.

94. x. Petition of William Rumsey to Patrick Gordon, governor of Pennsylvania,
complaining of the refusal of the supreme court either to discharge him or to render
judgment against him; with affidavits testifying to the delivery of the said petition.
Copy, i large/.

94. xi. Address of upper and lower houses of assembly of Maryland to Lord
Baltimore, complaining of aggressions by Pennsylvania on the borders of Maryland
and especially of two recent instances, the cases of William Rumsey and William
Cannon. Copy. Signatories, John Hall, president, James Harris, speaker. \\ large pp.
Endorsed, as covering document. [CO. 5, 1268, fos, 292-313^.]

95 Benjamin Berry to Trustees for Georgia, offering his services on the

February 19. enclosed terms to convert or shape and adapt the timber in Georgia

ept < >rd. to - ts p r0 p er uses> j^ e was njne vears i n South Carolina building ships

and knows the timber there to be particularly suited to that purpose. Signed, i p. Enclosed,
95. i. Terms of above offer: zoo/, sterling a year salary, with 5o/. advance; io/.
for passage out and passage home; 6s. a day travelling allowance in the colony;
option to quit employment after first year. Signed, i p. [CO. 5, 639, fos. 28~32</.]
4 XLIII

50 STATE PAPERS COLONIAL [96

96 Lieut-Governor Thomas Broughton to Duke of Newcastle, enclosing
February 20. duplicate of letter of 6 February with copies of advices received from

Char eston. Commodore Dent. Nothing has since happened worthy communicat-
ing to you. Signed, z small pp. Endorsed, Reed. 4 May. [C.O. 5, 388, fo. 145, 145^.]

97 Same to Council of Trade and Plantations. [In substance same as No.
February 20. 96.] Signed, i^ small pp. Endorsed, Reed. 5 May, Read 3 June 1737. [C.O.

n "

98 Same to Trustees for Georgia, enclosing duplicate of letter of 7
February 20. February. As nothing material has happened since, at least worthy

Charleston. communicating to you, I have nothing to add except in relation to a
letter I directed (on the first advice) to Mr. Causton, chief bailiff of Georgia. I acquainted
him among other things that it was my opinion it would be advisable for him to send
some persons hither to inform me of their strength and condition and to agree on such
measures as might be best concerted for their safety, and also to endeavour to secure the
Creek Indians in the interest of H.M.'s government and to prevent their falling into that
of the Spaniards and French, and that the Georgia agent should be instructed not to
give any umbrage but on the contrary to act in concert with the agent sent from this
province in all matters relating to the peace and welfare of both. Mr. Causton in his
answer gives me but a very superficial account of their strength and condition and takes
not the least notice of the two last mentioned particulars which are by myself and H.M.'s
council thought to be of the most immediate consequence to H.M.'s service on the
present conjuncture. I hope you will recommend it to him to show more regard to
advices so salutary and necessary for the preservation of Georgia and the defence of
H.M.'s American dominions. Signed. 3 small pp. Endorsed, Reed. 4 May 1737. [C.O. 5,
639, fos. 181-182.]

99 Petition of John Yeamans, agent for Antigua, and of the planters and
[Before merchants whose names are subscribed, to the King. The negroes of

February 21. j Antigua have for some time past been contriving and had nearly
executed a most cruel and execrable plot. By the providence of God and the vigilance
of the civil magistrate the said plot has been discovered: the governor and principal
families were to have been blown up with gunpowder on 30 October last, and from
this a signal taken for all the negroes to rise and cut off every white person, to which
they bound themselves by horrid oaths. The chief conspirators were natives of this
island employed in houses or bred to trades. There are at least 24,000 negroes in the
island and not above 3000 whites. The inhabitants continue under the most terrible
apprehensions of further attempts. The regular soldiers consist of five companies of 3 1
men each, much too small a force for security. The militia has been continuously under
arms since the discovery of the plot to the great detriment of business. A like con-
spiracy was discovered in the island about eight years ago, but petitioners find that the
punishments then inflicted were not sufficient to deter a second attempt. They therefore
pray for augmentation of the forces in the Leeward Islands. Copy. 2.^ pp. [C.O. 152, 40,
fos. 288& and 288^.]

100 Order of King in Council approving an Act passed in Virginia in

February 21. October 1734 to vest certain entailed lands in Charles Tomkies in fee
St. James's. s i mp i e> Copy, certified by W. Sharpe. ij pp. Endorsed, Reed. 16 May,
Read 24 May 1737. [C.O. 5, 1324,/oj-. 38-39^.]

*A.P.C., (Colonial Series) 1720-1745, p-553-

102] AMERICA AND WEST INDIES 1737 JI

101 Same, approving an Act passed in St. Christopher's in 1733 for settling
February 21. the limits of the parishes of St. Christopher's. Copy, certified by W.
St. James's. sharpe> 2 ^ Enclosed, Reed. 16 May, Read 24 May 1737. [CO. 152,

Z2,fos. 342, 342^, 345, 345^.]

102 Lieut.-Governor William Gooch to Council of Trade and Plantations,
February 21. acknowledging letters of 15 and 20 October last. In my letter to you

by way of Bristol of 8 January, I gave you an account of what had passed here concerning
Mr. Ball ; but since I find you so earnest in your enquiry I shall now be more particular.
When Mr. Ball had finished his experiment here of preparing a small quantity of our
tobacco after the manner he had seen practised in Brazil, it was proposed and he agreed
to go to London there to consult the merchants who were thought the best judges
whether it was like to answer the expense and trouble requisite to such a manufacture;
and if he met with encouragement, he had my positive orders to wait on you and deliver
a specimen of that he had made up, a roll whereof he carried with him for that very
purpose, telling him withal that unless he did wait on you and bring some testimony
with him his going to England and returning hither would be in vain.

When his tobacco came to be examined by the merchants in London it was found,
though it had the outward appearance, to want the scent and other qualities of that of
Brazil; and I imagine, not meeting with the encouragement he expected from the
merchants and being conscious of having fallaciously made use of your name to draw
us into his scheme, the fear of exposing himself to shame was the reason why he did not
wait on you according to his promise, the condition of which it must be owned was in
case he was approved. Since his return to Boston I have received a new proposal from
him, offering to go again to Brazil to inform himself more fully in the method of prepar-
ing that kind of tobacco; but as I now look on his project as the contrivance of a
necessitous man to get money I have no confidence in anything he can offer, and finding
all men here have the same opinion of him and are unwilling to be concerned with him
I have in civil terms rejected his offer.

As to the project of making wine in this colony, it has as yet made so little progress
that no certain judgment can be formed of its success. Colonel Armistead, who promises
fairest to bring it to perfection, has had only one season to make the experiment and
that so unfavourable as would have discouraged one of a less generous and enterprizing
genius. For though the vines grew and flourished with as many grapes as could be
wished for, yet the violent heat in the time of the dog-days accompanied with sudden
and heavy showers of rain burst the grapes and rotted them upon the vines, and dis-
appointed him in the prospect he had of a very fine vintage. As this has proved a dis-
couragement to some former attempts of this sort, I am afraid it will be an insuperable
difficulty to obviate without the assistance of vignerons skilled in the culture of vines in
climates subject to such inconveniences. But he is a gentleman of great perseverance
and knows that wine was not brought to perfection in the Cape of Good Hope under
20 years' trial. Another year's experience will make us better judges of what may be
expected from this undertaking, of which I shall not fail to give you the most exact
relation.

I shall be careful in observing your directions concerning the lands to the west of the
great mountains when Lord Fairfax's bounds are settled, but when that will be is un-
certain. The surveyors are all of them returned, but they who were sent upon the
Potomac river have undergone such hardships and came back so very much fatigued
that some time must be allowed them to recruit themselves and reduce their field plats
to a proper scale before they can make their report in due form to the commissioners;

52 STATE PAPERS COLONIAL [103

and when they do, by what you will see in my letter of 8th ult. and what I have heard
since, I fear it will be too crabbed a matter for the commissioners to adjust. However,
what can be done shall be done and you shall have it in full by the return of the ships.
Signed. 2pp. Endorsed, Reed. 23 May, Read 3 June 1737. [C.O. 5, 1324, fos. 49-50^.]

103 Robert Paterson to Harman Verelst, enclosing eight letters for various
February 22. persons including one for Mr. Oglethorpe. Signed. \ p. [C.O. 5, 639,

ederica - fo. 147, 147*]

104 Same to James Oglethorpe, asking to be allowed a servant in order to
February 22. be more useful to the Trustees. As for news, Mr. Delegal is a reliable

officer. The people of Darien are getting on well with their building.
Mr. J. Wesley was there and was very taken with the place. French. Signed. PS. Susanna
Moore died 10 December; the wife of T. Loup died 13 February. 2 pp. [C.O. 5, 639, fos.
139-140^.]

105 F. M. Ziegenhagen to [James Vernon 1 ]. Being informed that the ship
February 22. for Georgia is to sail in a few days and having received last night a

letter from Ebenezer of 4 December last relating to the present circum-
stances of the Salzburghers there, I desire your compassionate regard in their behalf,
(i) I take it for granted the Trustees are fully apprised that the Salzburghers have as yet
no more land assigned besides the lots for gardens and are, without any fault of their
own, by no means in a condition to provide their necessary subsistence : wherefore they
hope the Trustees will compassionate their destitute case and continue their former
bountiful allowance and consequently dispense with the last order whereby they are to
pay from the latter end of March next to September following for what they have out
of the storehouse and no more than 2 Ibs. of meat per week and half a bushel of corn per
month for each is to be advanced to them upon credit; which order, if it should take
effect as I humbly hope it will not, would unavoidably prove the ruin of most if not all
of them. (2) They are also ordered to pay for the new boat which they greatly wanted
for bringing up the provision from Savannah and for which the builder who lives at
Purrysburgh asks i8/., a sum that is not in their power to raise. (3) Some of the Salz-
burghers have had the misfortune that their garden lots are run out upon pine barren
land, which can be of no use to them as long as they have not sufficient dung or cattle
to help and mend it a little. But as there is a small tract of good land just near such gardens
they confide in the goodness of the Trustees to have leave to exchange such lots. (4)
The people of the third transport which undoubtedly were engaged by Rev. Mr. Urls-
perger to go over to Ebenezer in Georgia on the same terms and conditions as the first
and second have hitherto got neither the necessary tools nor utensils for the kitchen,
not to mention the great difficulties they have laboured under a long time as to their
provision. Only ten families of them have had each a cow given them, but none of them
has received either swine or poultry: to what great hardship these poor people must
thereby be reduced anyone may easily imagine. I cannot help mentioning what a deep
concern the quite unexpected distress of these people gives Mr. Urlsperger, so contrary
to what he in the name of the Trustees solemnly had promised them. (5) Mr. Bolzius and
Gronau having hitherto lived in the new settlement in huts and finding how much their
health and function thereby suffer entreat the Trustees to give speedy orders for the
building of their houses, it being impossible for them to bear the expenses thereof out
of their small salaries. Mr. Gronau's house at Old Ebenezer was by order of Mr. Causton
built by four carpenters of the Salzburghers who were expressly promised to be paid for

l Egmont Diary, II, p. 3 5 7.

108] AMERICA AND WEST INDIES 1737 53

their labours but, as necessitous as they really are, they have received as yet nothing for
it. (6) I doubt not but you remember that the S.P.C.K. paid the Trustees in June last
half a year's salary for Mr. Bolzius, Gronau, and Orthman the schoolmaster; but by
their letter of 4 December last it appears that they had then not received any and been
obliged by borrowing money to run into debt. I trust you will excuse this trouble.
When I waited yesterday on Mr. Oglethorpe I purposed to lay these things before him;
but finding him too much occupied, I could mention but very little of it. As you have
been always very kind and generous and a known advocate for all persecuted and dis-
tressed Protestants and more especially for the poor Salzburghers, I entirely rely on
your wonted goodness to have compassion for the several wants and necessities of those
at Ebenezer and favourably to plead their cause with the Trustees. Signed. 3 pp. [CO. 5,
639, fos. 34-35^-]

106 Minutes of meeting of Trustees for Georgia. Received, receipt from
February 23. the bank for ioo/. paid in by Earl of Egmont at the last board, the

a ace ourt. benefaction of Bishop of Worcester. Received, same for n8/. iSs.
paid in by Dr. Hales at the last board. Received, same for i zl. paid in by John Venables
for subsistence of his son now going to Georgia for one year or till that value is delivered
him in Georgia, i p. [C.O. 5, 6%6,p. 354.]

107 David Ferrier and William Campbell to James Oglethorpe, seeking
February 24. information about grants of land in Georgia and offering to get

together a quantity of settlers, either tradesmen or labourers, in this
place. If you incline to have any servants on your own account advise us. Direct reply
to William Campbell, merchant, Montrose. Signed, z pp. [C.O. 5, 639, fos. 119-120.]

108 Thomas Causton to Trustees for Georgia. The alarm of the Spaniards'
February 24. preparations still continues and the advices from Carolina are daily

filled with accounts of their preparations for a defence. The particulars
will be seen by the Carolina Gazette and the lieut.-governor's letter to me. As he is
pleased to charge me with some defects in my answer I thought it necessary to enclose
his second letter and my answer, which I sent yesterday by express. Capt. Gascoigne
advises me that Capt. Windham offered to send him for assistance two men-of-war of
150 men each and two sloops of ioo men each when he should require it. By further
advices just now arrived he tells me that he has wrote to Capt. Windham advising that
if he would send a 2o-gun ship to appear off the port of St. Augustine, such an appearance
and the stopping Davis's sloop would probably convince the Spaniards that their designs
were discovered and at least retard the execution of them. As he is clearly of the opinion
that the Spaniards' intentions (as advised) are well grounded, he has desired that I would
spare no cost to supply everything necessary for a defence.

I have in a former letter mentioned that provisions have been very difficult to get,
which I think may be naturally attributed to the present various reflections the colony
labours under, and it is a great difficulty in these circumstances to keep up the spirit of
the people especially those of the southern settlements. Two days since, I sent to the
southward 40 barrels of pork, 300 Ibs. of musket powder for De Legaull company,
200 Ibs. of musket and 200 Ibs. cannon powder for Frederica, sundry nails for the Darien
houses and other necessaries which they wanted.

I received your blank sola bills for 1 5 oo/. sterling together with some barilla seeds
and two parcels of medicines and shall take care to give your directions for the planting
the seed. I am very sorry to find myself charged with keeping Capt. Yoakley's ship

54 STATE PAPERS COLONIAL [lo8

because he sounded the inlets to the Altamaha. Had I done it in the manner charged, I
should readily acknowledge myself to blame. But the case was thus : he arrived here from
Philadelphia and both he and Mr. Montaigut declared he had instructions to take Mr.
Oglethorpe's orders at his arrival and therefore understood that he must wait till he
came. When I received the directions to employ somebody to sound that inlet I employed
James Searle who was acquainted therewith; and Yoakley having a proper boat for that
purpose and offering his service to go with him which he told me should be no expense,
I judged it would be no harm to have Capt. Yoakley's opinion in such a case, who was
the commander of a ship and used this trade. A few days before Mr. Oglethorpe's
arrival, Yoakley being impatient by waiting so long, he and Mr. Montaigut again perused
his orders and then and not before showed them to me. I immediately saw that he had
orders on his return from Philadelphia to take Mr. Oglethorpe's directions if in Georgia.
But as he was not here I gave my opinion that his stay could not be put to the Trustees'
account. Therefore whatever charge he has thought fit to make on you cannot be im-
puted to any act of mine. When Mr. Purry offered a charge of this nature to Mr. Ogle-
thorpe at Tybee I opposed it, then acquainting Mr. Oglethorpe with the affair and he
accordingly refused to sign the account.

Your repeated commands concerning the queries to accounts will (I doubt not) be
answered to your satisfaction, I mean as soon as the nature of the thing required will
admit of. But sure it can be no difficulty for you to believe that the nursing so many
people by small matters as their daily necessities required must consequently make long
accounts, and as the several accountants could not be elsewhere supplied with those
necessaries what money they demanded was cautiously paid them on account. So that
it is impossible to answer the queries otherwise than by a strict re-examination and a
more regular posting than the persons then employed were capable of doing. But
though my actions need no gloss I find I am liable to misrepresentations. Your order to
the magistrates on the petition of Rowland Pitt and John Tuck well shall be duly executed
when occasion offers. I believe the people whom I shall buy provisions of will take the
sola bills as they are and depend upon Mr. Oglethorpe's signing them in England, in
which case I shall certify the goods bought and give advice to Mr. Oglethorpe. But if
they should not choose to do so Mr. Montaigut and Mr. Jenys are both willing to let
me have Carolina currency for them at 650 per cent, advance.

An Indian, one of the chiefs of the Upper Creeks who were lately here, commonly
called the Dog King of the 'Euphaulees', having stayed behind the rest offered his
service to go to St. Augustine and get information if the Spaniards were preparing for
war. He said he could do this without any suspicion because he had been lately invited
there. I told him he might do what he would and accordingly gave him a letter to Mr.
Horton advising him of his intentions and Santutche and Tallahumini went with him.
When he arrived at Frederica Mr. Horton had received advice of what the Creeks had
been doing as mentioned in my letter to the lieut.-governor, therefore was of opinion it
would be improper to suffer him to proceed. He further acquainted me that the said
chief had desired that I would send to Wood the trader and order him to send to him
his friends from the nation. As to this matter I answered Mr. Horton as follows : although
I should be very ready on all occasions to come into any measures for the public safety
yet there are many reasons which make it improper for us to send into the Indian nation
to invite them at this juncture. First, in my opinion the Indians must necessarily know
what they are to come for; and should the Spaniards not break with us, as we must
avoid breaking with them, it would be out of our power to stop the Indians from
pursuing the revenge which perhaps they would be glad of such an opportunity to
execute, in which case we should be liable to be thought parties. Secondly, supposing

108] AMERICA AND WEST INDIES 1737 55

the Spaniards had broken with us at this time, the Carolina agent being now in the
nation who without doubt would not suffer anything to be done but by his leave or
authority, and in that case we should unavoidably acknowledge an authority which we
could no ways answer to the Trustees. I think therefore upon the whole that the Indians
having thus pursued their revenge should be left to take their own methods, and we at
this juncture should not in any shape concern ourselves with them. And if the people of
Carolina, as they propose, should send for them, all the benefits that we could expect
would be as fully answered as if we sent for them ourselves. If anything should further
occur this matter may be further considered of, but it is certainly attended with these
difficulties at present.

As it is universally insisted on that a place of safety should be provided for the
people to retreat to in case of extremity, the people proceed in building a fort with great
diligence and alacrity. It is double set, with puncheons hewed on two sides nine foot
above ground, will contain two bastions on the land and two half-bastions on the water-
side, the square of which will contain an acre of ground. They have already finished a
battery on the water edge under the garden hill and as there are upwards of 100 men at
work they propose the fort will be wholly enclosed in about a fortnight. The people
mustered according to order and got most of their arms mended, and above 1 20 appeared
with them in perfect order. I have on this occasion enumerated all the people here and
have regulated all the ti things. I have the satisfaction to say that at this time all the
constables and officers seem well satisfied with the regulations that are made. I have
delivered to the constables sufficient ammunition of treble F gunpowder and ball for
1 8 charges each man to be delivered to them in case of an attack and not otherwise and
they are ordered to draw out every Sunday after evening service for a review. The guard
is regularly relieved at sunrising and the night-watch begins at sunsetting. As it will be
my care to preserve this order, so the having obtained it gives me room to hope I shall
have no more occasion to represent the contrary. Signed, z^ pp. Endorsed, Reed, by Mr.
Ingham, 20 July 1737. [C.O. 5, 639, fos. 136-137^; duplicate, endorsed Reed. 3 May 1737,
Atfos. 187-188^.] Enclosed,

108. i. Charleston, 17 February 1737; Lieut. -Governor Thomas Broughton to
Thomas Causton. I yesterday received yours of 9th inst. in answer to mine of 4th.
I should be glad if you had given me a more perfect account of the state and con-
dition of your province, the number of men capable of bearing arms, and particular
disposition of them and how your garrisons are provided with provisions etc. It is
doubtless of immediate consequence as you observe for the two provinces to concert
equal measures for the public safety, and for that reason it was I recommended in
my letter your sending proper persons from Georgia hither to concert such measures
as may be best for your service. The council and myself were and still are of opinion
that method would have better answered the purpose than by way of letters, though
you have not thought fit to take the least notice of it in your letter. I likewise in a
postscript to my letter gave you my opinion of what consequence it would be to the
public service to secure the Creek Indians to our interest and to prevent their falling
into that of the Spaniards or French and recommended it to you to instruct your
agent in that nation not to give any umbrage but to act in concert with the agent
sent from this province, who has full and ample directions how to conduct himself
on that head. You take no notice of this in your answer although it is of the utmost
consequence in the present conjuncture. This government have thought it necessary
to fit out a schooner under the command of Capt. Thomas Walker to scour the
coast from the bar of this harbour to St. Augustine in order to get intelligence of
the Spaniards' motions. I enclose two copies of the instructions given him in relation

56 STATE PAPERS COLONIAL [109

to the signals he is to make when he is off Tybee or in sight of Frederica; you will
please to forward one copy to the commanding officer of that place. Copy, i p.
[CO. 5, 639, /0. 174; another copy at/<?.r. 191, 191^, endorsed Reed, by Mr. Ingham,
20 July 1737.]

108. ii. Savannah, 22 February 1737. Reply to preceding. I have your letter of
1 7th inst. I am sorry to be so unhappy as not to have answered your expectations in
my last. I have numbered our people in this northern part of the province and find
we have more than 500 able to bear arms, more than 300 of whom are in Savannah.
We have not been in very great want of ammunition but having lately supplied the
southern parts have now ordered a supply to be sent from your town. I have like-
wise endeavoured to buy what provisions I can get and believe I shall have sufficient
in a short time. Our people are very industrious in providing for their defence and
are hard at work unanimously in building a fort. They have near finished a battery
on the river and in about a fortnight will have enclosed the fort which will be
sufficient to cover the people in case of extremity. As the magistrates here who have
the execution of the Trustees' orders would be always very glad to act agreeable to
your sentiments I hope you will continue to transmit such advices as you think
necessary for the public safety.

As there is a case depending between the two provinces concerning Indian
affairs which is to be decided in England, I desire to be excused from saying or acting
anything on that head. I have dispatched Capt. Walker's instructions (as desired)
with orders to watch for his signals. On Sunday last Mrs. Musgrove advised me that
some of the Creek Indians who have been hunting to the southward arrived at the
Cowpen with seven Spanish horses and accoutrements and gave the following
account : that on the main beyond the Altamaha two of their company discovered
nine horses saddled and bridled; they were going towards them and four men
appeared who ran to their arms, one Spaniard, one Yamassee Indian, one mulatto
and one negro. These endeavoured to seize the two Creek Indians but they gave them
good words; the Yamassee Indian understanding the Creek language, they entered
into talk and the Spaniard etc. would have persuaded the two Creeks to have gone
with them and they, seeming to comply, brought them to the camp of the Creeks
who discovering that the Spaniard etc. had several things which they knew to be
the same as were taken about a year since from some of their friends who had been
killed, therefore believing them to be the murderers, killed them all four and brought
away their horses, two of which being unfit for travelling they also killed. They
further said that the Yamassee Indian being asked where the rest of the men were
that belonged to the horses said there were no more but that they were to leave some
of the horses at the Appalachee Old Fields. This account agrees with what one of
their company gave at Frederica, by which it is added that the Spaniard etc. told the
Creeks that they would be very welcome if they would go to the Spaniards, that
there was daily expected a considerable body of men from Havana for whose support
they were ordered out to drive up what cattle they could find. We have two armed
boats scouting on the inland passages, one of six and the other of eight oars, but
have not as yet made any discoveries. Copy, i p. [CO. 5, 63 9, fo. 190; another copy
at/o. 175, 175^.]

109 Benjamin Martyn to Philip George Frederick von Reck. The last time

February 25. y O u were at the Board of Trustees for Georgia you undertook to

engage a certain number of German Protestant servants for the use of

the Trust and then received a copy of instructions for the said purpose. The Trustees

112] AMERICA AND WEST INDIES 1737 57

desire to know whether you have done anything since in relation thereto and what you
have done. Entry. \ p. [C.O. 5, 66j,fo. jd.]

110 Richard Partridge to Alured Popple, tranmitting votes of House of
February 26. Representatives of Massachusetts sent by Governor Belcher. They came

to my hands in a box but this day, from on board Capt. White late
from Boston. Signed. \ p. Endorsed, Reed. 28 February 1736/7, Read 8 June 1737. [C.O.
5, 879, fos. 171-172^.]

111 Opinion of Attorney- and Solicitor-General on a case and some queries
February 26. relating to offices granted in Barbados. The case: Lord Howe's com-
mission to be governor of Barbados empowered him to appoint judges and other
officers. He appointed John Edlington to be surveyor-general of the island by a com-
mission dated 31 July 1733 under his hand and private seal. It appears a commission of
the same nature was granted in the same manner in 1690. It is usual on the death of a
governor for the president-in-council to issue a proclamation to continue all officers;
that was proposed on Lord Howe's death but not thought necessary. Queries: (i)
whether the commission under Lord Howe's private seal is void by Lord Howe's death ?
(2) whether if such a proclamation had been issued it would have made any alteration to
the continuation of commissions under private seals ? (3) whether the great seal of the
province should not be affixed to every act of government requiring a seal ?

The Law Officers' opinion: (i) Lord Howe was not empowered by his commission
to grant the office in question but only judicial offices and the ministerial ones attending
on them. Supposing the governor has the power to grant the office in question, we think
the seal used ought regularly to be the great seal. But if there never was any grant other-
wise than under the governor's private seal and that has been used in the grant of other
such-like offices, usage may dispense with the general rule and the grant may be good;
and then we are of opinion Lord Howe's death will not put an end to it. (2) Such a
proclamation as is mentioned would have made no alteration. (3) It is safest and there-
fore most advisable that all acts be under the great seal. The private seal if a usage exists
may be sufficient but is always liable to disputes. Signed, D. Ryder, J. Strange. 3^ pp.
Endorsed, Reed. 26 February, Read 2 March 1736/7. Enclosed,

in. i. Commission from Lord Howe to John Edlington to be surveyor-general

of Barbados, 31 July 1733. Copy. z\ pp.

in. ii. Certificate by James Mytton, deputy secretary, that John Edlington took

the oaths appointed and subscribed the Test, 31 July 1733. Recorded in secretary's

office, 4 September 1734. William Duke, deputy secretary. Copy. \ p. [C.O. 28, 24,

fos. 195-198^.]

112 Letter from Daniel M'Lachlan. The Highlanders will not leave their
February 26. country without their leaders and the leaders are afraid to venture into

a foreign country. But they have such affection for one another that
they would go in shoals to America if there was a sufficient detachment of their own
people planted before them. With the countenance of the Trustees of Georgia, I will
engage to carry over in two years enough men to more than double the present strength
of Georgia without any expense other than proper utensils and first year's maintenance.
This project would help to civilize the Highland clans, strengthen Georgia, and bring
relief to people in a miserable, starving condition. I desire no premium other than my
expenses. If I cannot prevail upon all the clans at first I am sure to prevail upon our own
and decoy the rest into happiness and plenty. The first detachment could be embarked

58 STATE PAPERS COLONIAL [113

about i August next. Our people are used to hardships : what they reckon comforts are
very simple. If this project is kindly received I shall immediately apply myself to the
prosecution thereof. Signed. 4pp. [C.O. 5, 639, fos. 162-163^.]

113 Francis Fane to Council of Trade and Plantations, reporting on Act
February 26. of South Carolina for ascertaining public officers' fees. I have been

attended by Mr. Sharpe on behalf of the patent officers in that colony; he has represented
that by this Act, without the least complaint of corruption or misbehaviour in their
several offices, three parts in four of the legal fees of the patent officers are entirely taken
away. The practice of lessening fees of crown officers prevails so much in the colonies
that without your interposition H.M.'s intentions in his grants of offices must soon be
defeated. This seems, if the facts are true which have been represented to me, the most
extraordinary attempt of the kind, and I am of opinion that the Act ought to be repealed.
Signed, i p. Endorsed, Reed. 4 March, Read 8 March 1736/7. [CO. 5, 365, fos. 195-196^.]

114 Same to same. I have considered the two cases mentioned in Governor
February 27. Fitzwilliam's letter of i z November last relating to right of adminis-
tration to John Sims, a mulatto, and to treasure found at Providence. As to the first,
Sims dying intestate without any relations the moiety of such estate which, it is stated,
he died in possession of becomes the right of the crown; the other moiety his wife will
be entitled to as he left no children. As to the other case, if no person can legally prove
a property in the treasure found it will be deemed the property of the crown. Signed, i p.
Endorsed, Reed. 8 March, Read 9 March 1736/7. [CO. 23, 3, fos. 228, 231^.]

115 President James Dottin to Council of Trade and Plantations trans-
February 28. mitting copies of three Acts lately passed and copies of treasurer's

accounts. Signed. \ p. Endorsed, Reed. 28 April, Read 3 May 1737.
Enclosed,

115. i. List of papers sent. Titles of Acts: to prevent exportation of clay; to
prevent hardships by forestallers, ingrossers and regrators; to enable assignees of
debts to commence suits. Treasurer's excise accounts, i small p.

115. ii. Accounts of duties on liquors and negroes imported into Barbados for 4
quarters, 13 June 1735 - 13 June 1736. No. of ships bringing liquors: 25. No. of
ships bringing negroes: 22, carrying 1375 negroes. Gross receipts of duties:
22707. 6s. \od. including sums bonded. Signed, John Bignall, treasurer. 16 pp. [CO.
28, 24, fos. 1 99-2 1 cW.]

116 Same to Duke of Newcastle. [In substance same as No. 115 with

February 28. enclosure i.l Signed. Endorsed, Reed. 27 April. [CO. 28, 45, fos. 402-404^.]
Barbados.

117 Thomas Hawkins to [? Trustees for Georgia]. Since Mr. Oglethorpe's
February 28. departure we enjoy a great share of health. The people in general are

hearty and strong which in great measure is owing to our temperance,
and notwithstanding our present alarm are resolutely bent to maintain their ground
whenever our treacherous neighbours think proper to molest us. The greatest uneasiness
complained of here is the frequent guard duty and want of more people which Savannah
takes care to prevent by augmenting itself. As affairs turn out at present it is to be feared
that our inhabitants will be hindered from planting any quantity this season being
obliged to keep home though many have been very industrious in forwarding their
fences and 10 men would have completed 600 acres by this time if not hindered. Our

I2l] AMERICA AND WEST INDIES 1737 59

young stocks increase but sometimes on this island as well as all other parts of America
we are disappointed by the wolves. Nor have they met with small discouragement from
the bad seed last year and the want of a supply this season. The year began moderately
warm and I observed about 7th January began to be very cold with frosts till the i2th
when the barometer was sunk to 7 5 degrees, the next day it advanced to 5 . At present the
season is very pleasant and often refreshed with showers and may well be compared to
an English April, so that the few things planted succeed well. We have buried no people
since my last account but Mrs. Loope, a person of 60 years, and a child of 4 months ; so
that since our embarkation no people have been favoured with the like success. Signed.
zpp. [C.O. 5, 639,70. 151, I5i</.]

118 Minutes of Common Council for Georgia. Read a letter from Benjamin

March 2. Berry dated 19 February 1736/7. [See No. 95.] Mr. Berry was acquainted
a ace ourt. ex p enses o f fa s proposal were too great. Ordered, that another

sawmill and 5 o muskets and bayonets be provided for the colony. Resolved, that credit
be given to Hugh Anderson of 1 2 bushels of corn and 200 Ibs. of meat for himself and
each of his servants for a year in case he may want it. Ordered, that Mr. Causton be
directed to buy such gunpowder as is wanted in the colony. Referred Count Zinzendorf 's
request to committee of correspondence to determine. Resolved, that Mr. Simond be
desired to let Mr. Causton have a credit on his correspondents at Savannah in money or
provisions not exceeding 5oo/. 2 pp. [C.O. 5, 690, pp. 53-54.]

119 Minutes of meeting of Trustees for Georgia. Received, a receipt from
March 2. the bank for 3o/. paid in by Richard Cookesey in discharge of so much

a ace urt. a d vance( l his son William Cookesey at Savannah. Received by Dr.
Hales, 25 books called Mr. Law's Serious Call to a Devout and Sober Life, and 25 others
called Mr. Law's Christian Perfection, benefaction of a lady who desires to be unknown.
Received by the same, io/. benefaction of Rev. Mr. Williams of Devonshire for support
of missionaries in Georgia. Read, petition to House of Commons for a supply to enable
the Trustees to provide for the further establishment and security of Georgia; sealed the
same, secretary to countersign. Resolved, that the secretary sign a receipt to Sir Jacob
Desbouverie, Bart., for iooo/. to be paid in by the said Sir Jacob to be laid out in the
expense of servants for the benefit of Georgia. 2. pp. [C.O. 5, 686, pp. 355-356.]

120 Alured Popple to Sir William Yonge enclosing extract of Governor
Lee ' S ^ etter ^ 2 5 September 1736 relating to the arms, ammunition
and stores in the garrison of Placentia and to the company of Brigadier

Philipps's regiment there being entirely unprovided with smallarms. Entry, i p. [C.O.
195,7, A 45-]

121 Governor Jonathan Belcher to Council of Trade and Plantations. My
March 2. i as t wa s 28 December past. I kept the general assembly of this province

sitting to 4th of last month and then prorogued them to 13 April; but
before they rose I brought them into a proper supply of the treasury, in which bill they
endeavoured to drop several of the King's forts and to reduce the quotas of men in the
rest, but as I refused to sign the bill with those clauses they voted the pay and subsistence
of all the forts (as they then stood) to 20 May next. They grow very uneasy about some
of the forts and desirous to reduce the men in them all so that I can't say what length

60 STATE PAPERS COLONIAL [l2I

they may carry the matter at another session. Enclosed are journals of House of Repre-
sentatives from the last sent to the close of the session and also answers to several queries
lately received respecting the province of Massachusetts. The 5th current I intend to my
other government of New Hampshire where I have ordered an assembly to meet me on
the 8th and shall there do everything in my power to advance H.M.'s honour and the
welfare of that province. Signed. 3 small pp. Endorsed, Reed. 27 April, Read 29 April 1737.
Enclosed,

121. i. Answer of Governor of Massachusetts to several queries received from
Council of Trade and Plantations; Boston, 2 March 1736/7. (i) The situation of the
province is on the Atlantic Ocean from whence in summer it is often refreshed by
the easterly winds. The soil thereof very different. On the seacoast it is partly rocky,
as at Cape Ann, Marblehead, Conahasset, and partly sandy, as at Cape Cod, Plymouth,
Plum Island, etc., where the water is generally shoal. The climate is good and whole-
some; oftentimes very cold in winter and hot in summer, but cooled with the sea
wind as above and generally agreeable to Englishmen. The latitude is between 41
and 43 N. from exact and curious observations of skillful mathematicians; the
longitude from London about 71 degrees by the observations of the best mariners.
The most considerable places are Boston, the metropolis and a good harbour situate
in the bottom of the Massachusetts Bay; Salem and Marblehead, good harbours;
Ipswich, four miles from the sea; Newbury, on Merrimac river, six miles from the
sea, a good harbour but barred, yet ships of 400 tons have been built within the bar;
Plymouth, on the sea; Bristol, above Rhode Island and a good harbour. No Spanish
settlement but at a great distance to the westward; the French to the northward and
westward on Mississippi and Canada rivers.

(2) The boundaries by patent from Charles I are the Atlantic or Western Ocean
on the east, the South Sea on the west, three miles north of the north part of Merrimac
river and so as the river runs and continues, and from thence a due west line to the
said South Sea: the boundary was settled in Charles II's reign anno 1677 on a dispute
and hearing between the grantees of the province of the Massachusetts colony and
the grantees of the province of New Hampshire and of Maine. The south boundary
three miles south of the southernmost part of Charles river and thence a west line to
the said South Sea. But after the conjunction of Plymouth colony to Massachusetts
by a new patent (or charter) from King William and Queen Mary the bounds of
Massachusetts on the south is by the sea until it comes to Pawtucket river and so up
the same until it comes to the line aforesaid from three miles south of the southern-
most part of Charles river. This boundary is in part controverted by Rhode Island,
as is the northern by New Hampshire, though settled as aforesaid.

(3) The constitution is by a governor commissioned from H.M., a council of
28 persons annually chosen on the last Wednesday in May by themselves, and the
representatives of the people who are chosen by the respective towns, one or two
as they are for numbers (a town of 100 families may send 2, 40 families i, and the
town of Boston 4), which governor, council and representatives have power by the
royal charter to make laws, rules and orders for the good government of the people,
to grant land, erect towns and counties, etc. under the restrictions of the royal
charter.

(4) The trade is in codfish sent to Spain, Portugal, the Mediterranean, etc., in
whaleoil and bone, and naval stores, as timber, deals, tar, turpentine, etc., in building
ships. The quantity of shipping cleared last year at the several offices was near
30,000 tons, 12,000 of which may have been built the kst year in the province; many
are owned by merchants in Great Britain and some here. There are besides 4-500

I2l] AMERICA AND WEST INDIES 1737 6l

small vessels from 20-40 tons that coast from one colony to another and there may
be about 3000 seafaring men in and from this province though not properly inhabi-
tants. The trade in shipping and naval stores has increased considerably within 10
years past and the fishery has decreased. (5) The British manufactures brought hither
are woollens of various sorts, as broad cloths, flannels, baizes, etc. about jo,ooo/.
sterling; haberdashery and iron wares, 3o,ooo/. sterling; canvas, twine and cordage,
1 5,ooo/. sterling; hemp, iron and India goods, about 25,ooo/. Total: i2O,ooo/. sterling.
This is generally judged to be the importation from Great Britain the last year. (6)
Besides the trade to Europe as mentioned in 4th article, some small vessels go
frequently to the Western Islands, to Madeira and to the Canary Islands from whence
they bring wines in return for fish, beeswax, staves and other lumber they carry
thither. Heretofore many vessels went to Surinam, Cayenne, St. Thomas, St.
Eustatius, Curacao, and to other Dutch, Danish and French Plantations, which
trades are now shut up by the Act of Parliament commonly called the Sugar Colony
Act. (7) When any illegal trade is discovered the Acts of Parliament are observed
in the prosecutions but the seacoast of the province is so extensive and has so many
commodious harbours that the small number of Custom House officers are often
complaining they are not able to do much for preventing illegal trade. Nor does the
Sugar Act take any great effect; great quantities of foreign molasses are still brought
into this province and much of it by way of Rhode Island.

(8) The natural produce of the province, staple commodities and manufactures
are fish, whaleoil and bone, timber, masts, deals, staves, tar, turpentine, hemp, flax,
shipping, the value of which in a year may be about ioo,ooo/. sterling. As to bread
and clothing there is not near enough raised in the province for the inhabitants.
(9) Great plenty of ironmines which may in some years supply iron sufficient for the
demands of the province. There are also appearances of copper, lead and tin, but
few or no undertakers in them at present through the dearness of labour and the
want of persons well skilled in such affairs.

(10) and (n) There were of rateable male polls 10 years ago 22,000 and the last
year 30,000. There may be females and not rateables, with those under 1 6, 4 to i. In
this province negroes (men, women and children) about 2000. The increase of the
people must be attributed to the great healthiness of the climate and the long time
of peace by sea and land.

(12) That I may make the more exact answer to this I have directed the colonels
of the several regiments to return me lists without delay of the officers and men of
each company which I shall transmit. (13) Castle William at the entrance of Boston
harbour has 89 cannon mounted, in good condition, has but 45 men (including
officers and centinels); Fort George, a small stone fort built in time of war, of 50 feet
square, to hinder the Indians from fishing at a place called Pejepscut Falls in the
province of Maine; Richmond Fort in Kennebec river about 20 miles from the fore-
mentioned is a timber building and pallisadoed, built for the reception of soldiers in
their marches after the Indians; a blockhouse built on George river about 20 miles
from Richmond Fort. These two last mentioned forts have five or six small guns
apiece with each about 1 5 men (including officers) ; they are now made use of for
trading houses with the Indians and are in a wretched condition, ready to tumble
down. Fort Frederick at Pemaquid, a poor place of defence, having nothing round
the house and barracks but a dry, loose, stone wall, and the greatest part of it fallen
down: it has six small guns and 15 men (with officers). A small blockhouse on
Connecticut river with four guns and 1 5 men, in a poor condition, is used at present
for a trading house with the Indians. There is another small fort on Saco river in the

62 STATE PAPERS COLONIAL [l22

province of Maine with the like number of men and guns as the last and used as that
is. The province lying under a heavy debt (the fruit of the late French and Indian
wars) the assemblies begin to be uneasy at supporting these forts and made an
attempt this last session to slight Frederick's Fort at Pemaquid and Fort George
at Pejepscut, and to reduce the quotas of men in all the rest, and they are under an
establishment no longer than to 20 May next. I shall still endeavour to withstand
anything so derogatory to H.M.'s honour and so unsafe for the province; yet as the
pay and subsistence is with the assembly to grant, if they finally withhold it to the
whole or any part of the men, the forts will drop of course or be weakened.

(14) We have near 1000 Indians that live under the government of the province
that are good Christians, sober and well-inclined, have churches and ministers settled
among them; and there are about 300 in the eastern parts on the borders of the
province, much Frenchified. (15) And in time of war with France they are cruel and
barbarous enemies, quit their settlements, and repair often to Canada and there join
with great numbers of other Indians and make incursions on the people of the
frontiers.

(16) The French on Canada river to the north and north-west and indeed to the
landward of all the British colonies on North America have forts and garrisons in
the French King's pay and a strong city called Quebec, walled in, and a citadel with
cannon and a battery near the water with large cannon. They have another city called
Montreal 60 leagues south-west of Quebec, walled in all round and with large cannon,
and on the lakes further south-west several fortifications, particularly Chambly Fort
on the south side of the great river of Canada and 20 miles from Montreal, very
strong, built with stone and laid in lime, 20 feet high and 10 feet thick, 44 great guns
and 200 men. This fort stands on L'Acadie as the French themselves allow according
to its ancient boundaries. The French government of Canada has in it upwards of
7,000 male inhabitants besides 22 foot companies in pay. At Cape Breton the French
have very strong forts with great numbers of cannon and men. As to the Spaniards
on the other side of the mainland, their settlements are unknown here. (17) The
French settlements do in a great measure prevent that dependency of the Indians
in America on the English government which they would otherwise necessarily have,
and in time of war they greatly check the growth of this and the neighbouring
province of New Hampshire and put these two provinces to great charge. And in
case of a war (which God long avert) the French settlement at Cape Breton will
greatly affect, if not totally ruin, the English northern fishery and the trade from
Great Britain to these parts of North America.

(18) and (19) There is no revenue in this province arising to the Crown unless the
annual tax for defraying the charge of the province is such, and may be about 90007.
sterling. (20) There are no certain establishments or salaries but the civil officers,
vizt. judges, secretaries etc., are paid as the assembly pleases to allow from year to
year and so are the officers of the forts and garrisons. The military officers are
appointed and commissionated by the captain-general ; some of the civil officers are
appointed by the government with the advice of the council and others are chosen
by the general court, as treasurer, impost officer, collectors of excise, public notaries
etc. 12 small pp. "Endorsed, as covering letter. [C.O. 5, 879, fos. 135-136^, 139-145^.]

122 Order of Committee of Council for Plantation Affairs upon a report

March 2. from the Council of Trade and Plantations on 26 Acts passed in

Massachusetts. [See No. 67.] Ordered that the three Acts mentioned in

the second paragraph of the said report be suffered to expire of themselves and that the

I23J AMERICA AND WEST INDIES 1737 ^3

Council of Trade and Plantations prepare the draft of a peremptory instruction to the
governor of Massachusetts not to give his assent for the future to any Act of this nature
without a suspending clause for preventing its taking effect until H.M.'s pleasure be
known. Signed, James Vernon. Seal. \\pp. Endorsed, Reed. 5 March, Read 9 March 1736/7.
[CO. 5, 879, fos. 133, 133^, 138, 138^.]

123 Samuel Eveleigh to James Oglethorpe. Yesterday arrived Capt.

March 2. Nicholson from London and brought the agreeable news of your
na> safe arrival and kind reception, and Dr. Adams assured me that it was
the general vogue there that you might be governor here if you pleased. Yesterday
arrived Capt. Symonds from a cruise (on board of whom my son George was a volunteer)
who assures me that they cruised about two days off St. Augustine and were so near
that they could discern the flag, the castle and houses, that a boat came out with eight
oars and several sitters within gunshot of them but would not come on board, that they
lay off Frederica some time, fired several guns and would have gone in if the wind would
have permitted them, and that Walker in the Country schooner alias galley was there also,
who being seen by some of the people of Frederica, Capt. Gascoigne dispatched an
express to town (apprehending they were Spaniards). Col. Bull has written a letter to
that governor importing that the Dog king had been at Ogeechee and assured them
that (if the Spaniards came) he would come down with 60 of his people and more if
occasion required. By letters and information from Savannah I am informed that the
people there seem very resolute and are very brisk and attentive in building a fort and
making other preparations, that the fort is in great forwardness and will in a short time
be finished, and that the people are now all supplied with provisions out of the Trustees'
store (I means all such as work on the fort).

By Oglatchee, king of the Tuckabatchees, and by letters from Savannah, I am in-
formed that a party of Indians being out on their hunt somewhere about the Apalache
Old Fields, being six men and four lads, met with a party of Spaniards and killed a
Yamassee Indian, a mulatto, a negro and a Spaniard and took nine horses, two of which
tiring on the path they killed, the other seven they brought to Yamacraw. And here I
must remark that two of those Indians belong to the French at the Alabamas, one to the
Upper Creeks and three to the Lower, and they took a gun that some time since belonged
to an Indian that was killed by the Yamassees which provoked them to commit this
murder.

About eight days since the Don Carlos, Capt. Fennell, with 2 5 men sailed to Havana
to make discoveries. Last week 14 great guns were sent down from hence to Port Royal
and this week eight more will be sent, which with eight they have there already will
make up 30. Capt. Ferguson came to town two days since who advises me that they are
very busy in finishing the fort and that half the negroes in that neighbourhood are now
at work thereon. Craven's and GranvilFs bastions will this week be finished and the guns
mounted thereon. Yesterday being her majesty's birthday, the guns in Granvill's bastion
were fired, five of which were new guns that carry a shot of 18 pounds weight. The
assembly (as I am informed) are come to a resolution to raise a new company of rangers
to consist of a captain and 20 men to range between Savannah river and Combehee.
They are now very busy about the fort that is erecting on the White Point and is to be
larger than was at first designed and to mount 30 guns. All this (as you may imagine)
will amount to a very great charge, to defray which the general assembly have come to
a resolution to emit 35,0007. in orders, which I doubt not will be very much exclaimed
against at home who have not a right notion of our paper currency.

64 STATE PAPERS COLONIAL [124

I did formerly and do now again offer my service to the Trustees to supply their
province with beef, pork, corn, bread, molasses etc. and to do it upon as easy terms as
any other and to be on a certainty for it (barring accidents by sea). Mr. Causton writes
me now for beef which is not to be got and you may remember that last summer you
were in great want of molasses and obliged to give great prices for the same, which is
an inconvenience that may be remedied if I should undertake to supply the province
with provisions and other necessaries. Signed. 2% small pp. Endorsed, Communicated by
Mr. Oglethorpe, 4 May 1737. [CO. 5, 654, fos. 97-98^.]

124 Benjamin Martyn to Rev. John Martin Bolzius at New Ebenezer in
March 2. Georgia. Mr. Vernon has delivered to the Trustees copy of a letter

Georgia Office. from Mf< g> Urlsperger d ate d Augsburg, 15 January 1737 (N.S.), to

Henry Newman acquainting him that Mr. von Ploto had secured effects belonging to the
Salzburghers to a considerable value. The Trustees therefore desire you will enquire if
any of the Salzburghers at Ebenezer have left any effects behind them and if they have
that you will send over a specification of their demands and a proper authority from
them to the Trustees or whoever else they may think proper to receive them. Entry. \ p.
[CO. 5, 667, fo. !d.}

125 John Sharpe, agent for Governor Mathew, to Council of Trade and
March 3. Plantations, answering M. Hop's memorial. The governor by a general

law of 1701 for preventing trade between English and foreigners had power to com-
mission British subjects to seize vessels trading contrary to that Act. By another Act of
Montserrat he has power to grant commissions to seize French ships coming within one
league of the Leeward Islands and having actually traded with British subjects. He is
also required by his instructions to put into effect the 5 th and 6th articles of the Anglo-
French treaty of neutrality of I686 1 and to prevent breaches of the Acts of Trade and
Navigation. If the vessels mentioned in the memorial and annexed papers were not Dutch
but French and the cargoes were not Dutch but French, then there is no foundation for
any complaint from the States General or St. Eustatius ; if the vessels were French and
liable to seizure, though the cargoes were Dutch, the Dutch would have no sufficient
ground for complaint.

It is a fact very notorious that there is an illicit trade daily and publicly carried on
between the English and French by means of the Dutch at St. Eustatius to the great pre-
judice of H.M.'s sugar colonies. To prevent this and to execute the aforesaid laws and
treaties, it is apprehended the governor may empower vessels to visit ships suspected
of illicit trade; at least under the Montserrat Act he is authorized to grant commissions
to visit French ships within the descriptions of that Act and it is impossible to know
whether a ship is French until she is first searched. All the seizures pretended to have
been made are four, vizt. St. Anthony, Two Sisters, Catherine and Dolphin. The St. Anthony
was immediately discharged without a trial. As to the Two Sisters, there is no evidence
that the ship was Dutch property; on the contrary it seems to be granted that she was a
French ship. There is no evidence that the cargo was Dutch, except Robert Stewart's
affidavit that persons at the trial offered to testify that it was. As to the Catherine, there is
no affidavit that mentions this ship or any part of her cargo to be Dutch. And with
regard to the Dolphin, though several of her sailors made affidavits, none said that the
ship or cargo was Dutch: from the trial it appears she was French, all her mariners being
French and her colours French. One of the claimant's producing a Dutch let-pass, it
appeared that the name therein was the Three Friends and not the Dolphin. There is not

1 1680 in MS. Compare No. 133!.

126] AMERICA AND WEST INDIES 1737 65

one syllable of evidence attempted to be given that any part of the cargo was Dutch
property; so that on the face of the proceedings it appears plain that this ship and cargo
were French. As for the contradictions alleged between the evidence of William Hawkins
and William Wilkinson, one says the Dolphin was taken within i| miles and the other
within ^\ miles of the shore ; take it upon the evidence of either, she was within one
English league of the shore, and there is no contradiction.

The true state of the case, as far as I am able to judge from the papers annexed to the
memorial and the best information I can get, is as follows: since the passing of the
Montserrat Act the French, being disabled from illicit trade with the English at St.
Eustatius, have prevailed on the Dutch there to furnish them with Dutch names for
their captains, Dutch let-passes, Dutch clearances, and even to lend them the name of
Dutch owners. If seized, they pretend the whole is Dutch property. I apprehend that
what the traders in St. Eustatius aim at is to have general orders given to Governor
Mathew so that they may evade all the laws and treaties against illicit trade.

As to the words reported to have been used by Governor Mathew, they are very
general ones ; and when he spoke of ruining their trade, I apprehend it can only be under-
stood their unlawful trade with the English. The enclosed paper shows the violent
measures taken even by H.M.'s own subjects of Rhode Island, who openly armed and
joined the French to protect this illicit trade.

This is the best answer I can give at present; if the nature of the case admits of
adjourning until I receive the governor's answer, I am sure he would fully justify his
conduct to you. Signed. 4pp. Endorsed) Reed., Read 3 March 1736/7. Enclosed,

125. i. John Harris to Governor Mathew; St. Christopher's, 25 September 1736.
While cruising between St. Christopher's and St. Eustatius on 24th inst., with a
commission as garde-cote, I encountered a large sloop which came out of St. Eustatius
under the command of Caleb Godfrey of Rhode Island, manned by 32 men at St.
Eustatius, in company with a French ship which also came out of St. Eustatius.
Godfrey ordered me to follow him and had his guns ready; he abused me with gross
language, as did another who my mate is ready to swear was Andrew Audain, son
of Dr. Audain of Sandy Point. Having only 1 8 men and 6 swivel guns I made off
and outsailed Godfrey. Copy, certified by William Mathew. 2 pp. Endorsed, as covering
letter. [CO. 152, 22, fos. 298-301^.]

126 John Wesley to [Trustees for Georgia 1 ]. When the account of the

March 4. mission expenses commencing i March 1736 and brought down to the
end of November was delivered to me, I was much surprised to find
it amount to (in Carolina currency) 6667. 17^. Q\d. which reduced to sterling is 907. zs. ^d.
A day or two since I received a second account brought down to i March 1737 which
being added to the former the total expense of the year was 7267. js. $\d. (987. 8s. \\d.
sterling). But upon reading over both I observed as you will be pleased to do : (i) that
of the sum above-mentioned 1917. 19^. d\d. was paid Mr. Quincy partly for a bed,
hangings and furniture, partly for making a cellar, building a hut, and improvements by
him made in and about the house; (2) that 867. 6s. yd. has been since expended at several
times for necessary repairs of the cellar (which was fallen in), the house and the fences
round it and the garden, a great part of which fell down being quite decayed; (3) that
987. IO.T. yd. was expended in three journeys to Frederica, twice by water and once by
land, whither not my own pleasure but the desire of some of that desolate people and
the need of all called me; (4) that 267. is. yd. was expended at several times in clothing
for Mr. Ingham. These particulars together amounting to 4027. 1 8.r. yd., the expense of

1 See No. 343.
5 XLIII

66 STATE PAPERS COLONIAI, [127

Mr. Ingham's food for two or three months and of mine and Mr. Delamotte's subsistence
from i March 1736 to i March 1737 amounts to 3237. 8s. 6\d. currency, 44/. 4^. ^d.
sterling. I thought before I left England that from the little knowledge you had of my
manner of conversation you would not easily have believed me capable of embezzling
your's any more than my own goods. But since it is otherwise, since you have sent
orders to limit my expenses to the Society's 5 o/. a year, be it so : I accept it and (during
my stay here) desire to have neither less nor more.

One thing farther I desire, that whenever I am accused to you on this or any other
head (and it is necessary that offences should come) you would allow me the justice due
to a common criminal, the knowing my accuser (which I must insist upon before God and
man) and the being heard before I am condemned. I cannot but acknowledge the readiness
of the magistrates here, Mr. Causton in particular, in assisting me so far as pertains to
their office both to repress open vice and immorality and to promote the glory of God
by establishing peace and mutual goodwill among men. And I trust their labour hath
not been quite in vain. Many ill practices seem to lose ground daily and a general face
of decency and order prevails beyond what I have seen anywhere else in America. My
prayer to God for you is that you may with one heart and one mind glorify God our
Saviour in all things, that neither open nor covert opposition may ever be able to disjoin
your hearts or weaken your hands, but that you may calmly and steadily pursue his work
even though men should therefore cast out your names as evil. And the God of glory
shall accept your service and reward everyone of you sevenfold into his bosom. Signed.
3 pp. [CO. 5, 639, fos. 207-208.]

127 Paul Jenys to Harman Verelst. The several letters and packets addressed

March 5. to our house for the colony of Georgia have been forwarded. The
on ' sundries shipped per Capt. Keet for account of the Trustees came safe
to us except one of the tubs of bamboo plants which was washed overboard on the
passage. As you in a particular manner recommended the cask with seeds and papers to
be forwarded by a safe hand I on the arrival of the Brooke advised Mr. Causton of what
was addressed to us from the Trustees and desired that he would inform me how I
might with safety convey them to the colony. On which he directed me to commit the
cask with the other things to the care of Mr. Grant in a boat belonging to the colony,
which I accordingly did, and the letters for Mr. Oglethorpe also, expecting that that
gentleman had given some directions to Mr. Causton concerning what letters might
arrive after his sailing. Had the cask you mention in yours of 13 January been in my
possession I would have forwarded it as the Trustees direct, the square box packed
therein. But I sent all without loss of time to Mr. Causton to whom I shall convey your
letter just now received per Mr. Braithwait. Enclosed is the letter directed to Col.
Stephens which you desire me to return.

I congratulate you on the safe arrival of Mr. Oglethorpe. It gives me the utmost
concern to find in the Commons House of Assembly so many members so much out of
temper and irritated against a gentleman who has given many instances of his good
inclination to serve this colony. But I expected this from some who, influenced by private
views only, think it their interest to oppose him and from others who could find no
other way to gratify their resentment for the opposition that gentleman made against
them when last in England. I am as deeply concerned as the Trustees can be that any
disputes should arise between the two colonies and used my utmost endeavours to
promote a reconciliation though to little purpose. I never doubted but the Trustees
would have accommodated all our differences and very readily have redressed the
grievances complained of with respect to the navigation of the Savannah river and the

129] AMERICA AND WEST INDIES 1737 67

free trade with the Indians upon our transmitting to them a just state of the matters in
dispute; but this method was rejected and nothing would do but a public application
to H.M. I am not a little troubled that my endeavours to promote the welfare of both
colonies should have created me many enemies in this, but I am the less concerned as I
am conscious I have nothing more at heart than the safety and success of both.

We have no certain advices of any preparations now making at Havana to invade
Georgia and I am inclined to believe no acts of hostility will be committed. But if any
attack should be made against your colony, notwithstanding the late disputes, this
government will use their utmost strength to support and defend Georgia. This you
will know more fully by the assurances this province has given the Trustees in a late
letter. Signed. 3 pp. [CO. 5, 639, fos. 204-205^; duplicate at/0j. 201-202^.]

128 Extract from unsigned and unaddressed letter from St. Christopher's.

March 7. Most of us wish for a change of general. Our great man has lately been
at Antigua quelling rebellious negroes. He fawns on the dregs of the people and trembles
for what he has done out of dread that his captures will be restored. His prize, the
Fleuron, now called the Fit^water, is loading for London ; I hope she will not be permitted
to enter. If the Montserrat Act is not rejected and satisfaction made for the Fleuron, the
French in their reprisals will not stop at the Guineaman they have taken. They are
waiting only for the event of their solicitations at home to send out privateers. It sur-
prises me the merchants vindicate this law; I never heard of any loss they sustained by
the French in these parts till this Guinea ship. Mr. Coope's behaviour is disapproved by
the whole island except Col. Burt. Copy, i p. [C.O. 152, 44, fo. 91,

129 Benjamin Martyn to Thomas Causton, by Peter & James, Capt. George

March 7. Dymond. The Trustees have received your letters of 26 November
lce> and 14 December and expect you will now go on in sending them
regularly a state of the colony by every ship. They are very much concerned to find by
your letters that many of the people do not think yet of planting and that either through
idleness, employing themselves too much in building, hiring themselves to labour or
living upon their credit in town, they entirely neglect the improvements of their lots.
They therefore require you to inform all the people that those who will be first entitled
to their favour will be such as are industrious in cultivating their lands and to put them
in mind of the terms and conditions of their several grants. The Trustees are persuaded
that the proper employment of the people in their several plantations will be the surest
means to remove all the contentions which you complain are amongst them. They are
sensible of the many ill effects that must attend the great credit that is given in the pro-
vince and they will very soon send over their particular orders for regulating the same
and the suing for debts. They are likewise preparing a law for regulating the watch and
till this can arrive they recommend it to you to avoid as much as you can all disputes
relating thereto and keep everything as quiet as possible, and they hope and expect that
a proper obedience will be paid by everyone to the civil power established there.

You take notice in your last letter of several letters which have been sent from
Charleston to private hands in order to lessen the credit of the colony and that the
people thereupon are very uneasy. Surely they cannot be affected by any advices from
thence, they must be sensible, from the jealousy that has been shown, that no arts will
be wanting, no arts unemployed to create uneasinesses in Georgia; and at the same time
they may be assured that the Trustees who are so attentive to the welfare of the colony
in every other particular will be careful of its credit in the first place, and they must know
that their industry in their several plantations as it will considerably diminish the ex-

68 STATE PAPERS COLONIAL [130

penses of the colony will enable the Trustees to support its credit the better. The Trustees
are apprehensive that the negligence of Mr. Jones the surveyor has been of great pre-
judice to the colony; they therefore expect that you call upon him from time to time to
do his duty. You must enquire what surveyors there are in Georgia and whether any of
these will undertake to survey at Savannah on the same terms that Mr. Jones did, and in
case Mr. Jones will not go on you must employ such of them as you shall find necessary
within the county of Savannah to run out the lands within the said county immediately
that the people may not suffer for the future by any delays in surveying their lands, and
you must enter into written agreements with them upon the same terms as Mr. Jones's.
As the lots at New Ebenezer are not yet surveyed the Trustees have ordered that the
first and second transports who were removed thither shall have the reduced allowance
(particulars in Mr. Verelst's letter) continued to them up to September next and you
must not require anything of them for repayment, but you must compute the crop which
they took with them from Old Ebenezer as part of the said reduced allowance. The
Trustees have ordered that the Salzburghers of the third transport shall be provided
with the same quantity of tools and utensils and other necessaries for settling themselves
as the former embarkations were. They have likewise ordered that the third transport
shall be provided with swine and poultry (the particulars Mr. Verelst will tell you) for
which there is a particular benefaction. The house for the ministers of the Salzburghers
is to be built, for which there is a particular benefaction of i6/., and you must enquire
whether any of the Salzburghers employed by you in building the house of the ministers
at Old Ebenezer are unpaid; and if they are you must pay them what is due to them upon
that account. You must likewise pay the 5o/. for the salary of Mr. Bolzius, Mr. Gronau
and Mr. Ortman to i November last and what expenses they have been at in borrowing
money for want of payment of the same before. Entry. z\ pp. [C.O. 5, 66j,fos. 8-9.]

130 Petition of Trustees for Georgia to House of Commons, setting forth
March 7. the achievements of the colony and praying for assistance. Entry, i^pp.

Enclosed,

130. i. Account of residue of money granted in 1735 remaining on 2 March
1735/6. i p.

130. ii. Account of how the money granted by Parliament in 1736 has been
applied, i^ pp. [C.O. 5, 670, pp. 300-303.]

131 Order of Committee of Council for Plantation Affairs on a report of
March 8. Council of Trade and Plantations concerning the complaint of

Mahomet, Chief Sachem of the Mohican Indians, of deprivation of
lands ; Council of Trade and Plantations is to prepare draft commission of review. Signed,
James Vernon. Seal. i\pp- Endorsed, Reed. 10 March, Read n March 1736/7. [C.O. 5,
w. 254-255^.]

132 Thomas Causton to Trustees for Georgia. 1 omitted in my last to

March 8. acquaint you that about a fortnight before the receipt of the advices

Savannah. Q ^ Spaniards' intentions one Butler stole a passage in one of our

pettiaugoes to Frederica. When he went from this town he pretended to take passage in

one of Mr. Williams's ships to St. Christopher's which then lay in this river about four

miles below the town, and when he got on board he pretended to be very poor and

unable to pay his passage; but seeing the pettiagua come by he made pretences that he

wanted to speak with Capt. Gascoigne (as being well acquainted) and therefore took

passage therein. When he arrived at Frederica he was observed to be very inquisitive

132] AMERICA AND WEST INDIES 1737 69

about the fortifications and the number of the people there, and though he pretended
to be acquainted with Capt. Gascoigne he did not so much as know him. They therefore
suspected he had no good intention and took him into examination, and finding he could
give no good account of himself or how he came by his passage, Mr. Hawkins in the
absence of Mr. Horton sent me advice that he had confined him. Mr. Horton was then
with me here and promised to give me a more particular account when he got home.
Upon the alarm we began to recollect how this man had behaved when here and every-
one who had conversed with him agreed that he wanted neither money nor sense but
could not recollect any other particulars. However lest he should be the D'Tombe
mentioned in Commodore Dent's advices or some such agent I desired Mr. Horton to
examine him again very strictly. Upon this examination he wrote me that he could find
nothing material but a letter of which the enclosed is the copy he sent. He added that
he had sent for Mr. Dyson to explain the letter and that he answered very evasively so
that no further discovery could be made; but he intended to confine Butler and had
prevailed with Lieut. Delegale to confine Dyson. In my answer to this I acquainted him
that I thought both men had no good designs and that the contents of the letter were
sufficient for a close confinement. To this he replied that Capt. Gascoigne had taken
Butler with him as a foremastman, he being kept close on board. As Mr. Horton makes
no particular mention of Dyson I apprehend he has acquainted you with the matter and
depends upon your orders.

Mr. Horton advises me in the same letter dated 28 February that the Darien people
have entrenched themselves and are determined to defend themselves to the last extremity
and not to quit their lands but with their lives; that the day before the date a schooner
fitted out from Charleston with 40 men commanded by one Walker came into Jekyl
Sound, had been as far as Augustine bar to discover what vessels were in their harbour:
she saw but three, one brigantine and two small vessels ; that Walker said he was chased
by a sloop which by her coming up with him he believed had oars but he lost her in the
night; that Capt. Symonds in the Shark lay before Augustine two days without showing
any colours ; that a Spanish launch appeared but thought proper to run back again.

Copy of letter just received from lieut.-governor of Carolina with my answer en-
closed. Mr. Eveleigh advises me by his letter of 2nd inst. that the French are fitting out
a fleet at Brest with a number of men on board who are to go to New Orleans and thence
to destroy the Chickesaw nation. These are all the material occurrences that can be
depended on, but the alarms that the people are under in Carolina are every day bringing
in many inconsistent accounts which have proved false. The people are all in good
health and, being informed by letters from Carolina of Mr. Oglethorpe's safe arrival in
England, they are just now rejoicing round a bonfire, and I have given them a barrel of
beer. Signed. \\ pp. [CO. 5, 6}(),fo. 222, zzzd.] Enclosed,

132. i. 5 February 1737. E. Dyson to Mr. Butler at Mr. Bennet's in Frederica.
Since we shook hands kst I have found people's pulses very irregular and am at a
loss how to act; therefore cannot pretend to understand the cause for want of more
experience. But that time may discover and I improve. Your wifflers and weather-
cocks I shall always despise. I hope an opportunity will offer for a free conversation.
Copy. \p. [CO. 5, 639,70. 149.]

132. ii. 2 March 1737. Lieut.-Governor Thomas Broughton to Thomas Causton.
Yours of 17 February came to hand 28th. I have put the forces of this province under
such regulations that upon the first notice of an alarum they are to march directly
away to the southward parts of this government where I propose to be myself to
give the necessary orders that nothing may be wanting for the effectual defence of
the colony of Georgia which I have very much at heart. Copy. \p. [CO. 5, 65% fo. 210.]

70 STATE PAPERS COLONIAL [133

132. iii. Savannah, 8 March 1737. Reply to preceding with thanks for kindness
expressed : the contents of that letter convince me you have the safety of Georgia at
heart. I have just now received advices from Frederica that the people in all the
southern settlements behave extremely well and in particular that the Highlanders
at the Darien have entrenched themselves and are determined for a defence to the
last extremity. Copy, i p. [CO. 5, 639, fo. 211.]

133 Council of Trade and Plantations to Duke of Newcastle, enclosing the

March 8. following. Entry. Signatories, Fitzwalter, Thomas Pelham, Arthur Croft.

v ;i ',111 O / O *

R. Plumer. i p. Enclosed,

133. i. Representation of Council of Trade and Plantations to the King. We have
considered the memorial of M. Hop, Envoy Extraordinary from the States General,
complaining of damages and acts of hostility committed by the English against the
Dutch at St. Eustatius and that Governor Mathew had granted commissions to
several persons to cruise on the coast of that island who took ships and carried them
to Montserrat where they were condemned. We have been attended by the agents
for the Leeward Islands who offered nothing upon this complaint. But Mr. Mathew' s
agent offered us that by virtue of a general law of the Leeward Islands passed at
Nevis 8 December 1701 to prevent any trade with the French or other foreign
plantation by the inhabitants of the Leeward Islands the governor has authority
by warrant under his hand and seal to grant a power to any of the subjects of this
kingdom to seize vessels trading contrary to that Act; and that by the Act passed at
Montserrat in June last entitled an Act for the more effectual preventing all trade in
those parts between H.M.'s subjects and the French (on which we reported to you
17 December last) the governor has a power to grant commissions to seize any
French vessels coming within a league of the shore or sailing anywhere within the
extent of the government of the Leeward Islands and having actually traded with
your subjects. The agent likewise takes notice of the 5th and 6th articles of the
Treaty of Neutrality between this kingdom and France in 1686 forbidding all trade
between your subjects and those of the French King in America, and of your in-
structions to the governor of the Leeward Islands directing him to take care that
these articles and the several Acts of Trade and Navigation be duly observed. And
after setting forth that an illegal trade is carried on between the English and French
by means of the Dutch at St. Eustatius and that the vessels whose seizures are com-
plained of in M. Hop's memorial were really French vessels and not Dutch, he
submits whether Mr. Mathew does not stand justified for what he has done.

The Act of 1701 was intended only to prevent an immediate trade between your
subjects of the Leeward Islands and the neighbouring foreign islands. It does not
appear to us that any of the vessels mentioned in the Dutch memorial to have been
seized by sloops commissioned by Governor Mathew were in any way concerned in
trade to or from the Leewards. We are of opinion they were not within the meaning
of that Act. Their condemnation under the Montserrat Act cannot be justified because
an actual trade with some of your subjects must have been proved to make them
liable to confiscation, which does not appear to us. We think it immaterial with regard
to the legality of the seizure and condemnation whether these vessels were Dutch
or French. With regard to the sloop Dolphin in particular, whose trial and condemna-
tion we have considered, we cannot but observe that supposing her condemnation
had been legal there was no pretence of confiscating her cargo by virtue of any clause
in the Montserrat law. We mention this because the said sloop and cargo were both
condemned under pretence of that law, in which provision is only made for con-

138] AMERICA AND WEST INDIES 1737 Jl

damnation of such vessels as transgress the same. Your subjects on the continent of
America carry on a trade with the Dutch at St. Eustatius, and we do not know of
any treaty or law that forbids the same. But if in exchange for such commodities as
they carry to St. Eustatius they take foreign rum, molasses and sugar in return and
import such manufactures to any of your American Plantations, they subject them-
selves to the duties imposed by Act of Parliament passed in the 6th year of your
reign entitled an Act for the better securing and encouraging the trade of H.M.'s
sugar-colonies in America. These complaints and those from France on which we
reported 17 December last are occasioned by your governor of the Leeward Islands
having taken upon him to explain the general law of the Leeward Islands of 1701 in
a different sense from what it does import, and to his having passed the Montserrat
law of June last contrary to the directions of your instructions. We have received no
accounts from Governor Mathew in relation to his proceedings and conduct under
colour of the Montserrat Act of June last since the passing thereof. Entry. Signatories,
as covering letter. 7 pp. [CO. 153, i6,fos. 44^-48.]

134 Same to Committee of Privy Council, enclosing draft of additional

March 9. instruction to Governor Belcher forbidding him to assent to any Act

for issuing new bills of credit except as allowed by the i6th article of

his instructions, or for continuing the currency of bills for a longer time than is limited

by the Acts for emitting them unless there is a clause inserted in such Act to prevent its

taking effect till H.M.'s pleasure be known. Entry. Signatories, Fitzwalter, T. Pelham,

O. Bridgeman, R. Plumer. i p. Enclosed,

134. i. Draft of the above instruction. 3 pp. [CO. 5, 917, fos. 93^-95^; draft of
letter and enclosure in CO. 5, 8yj,fos.

135 Benjamin Martyn to Thomas Causton. The Trustees have ordered that
March 9. y OU send up from Savannah to Frederica a boat and guard with the

recruits which the bearer of this, William Tolson, ensign, carries over
with him for the independent company under Capt. Massey. Entry. \ p. [CO. 5, 667,
fo. 8.]

136 Richard Partridge to John Courand. I have lately lodged a petition to
March 9. the King in Council at the Council Office relating to some disturbances

Tower-street at New Jersey, of which I enclose a copy and pray you would lay it
before the Duke of Newcastle. I have written to Governor Belcher
for the seeds. Signed. \p. [CO. 5, 983, fos. 77-78^.]

137 Alured Popple to John Scrope, enclosing extract of letter from
March 9. Governor Fitzwilliam dated 1 2 November last relating to the estate

of a deceased mulatto and to treasure found at Providence. Their
lordships desire you will lay the enclosed extract and copy of Mr. Fane's report thereof
before the Lords of the Treasury. Entry, i p. [CO. 24, i t fo. 161, \6id.}

138 Minutes of meeting of Trustees for Georgia. Received, receipt from
March 9. bank for io/. benefaction of Rev. Mr. Williams paid in at the last

art ' board. Received by Dr. Hales, io/. IO.T. benefaction of a gentlewoman
towards the support of the missionaries in Georgia. William Tolson, ensign to the in-
dependent company in Georgia, attended to desire the Trustees' boat and a guard from
Savannah for the recruits he is carrying over in the Peter and James. Ordered, that a letter
be given him to Thomas Causton for that purpose, i p. [CO. 5, 686, p. 357.]

72 STATE PAPERS COLONIAL [139

139 Alured Popple to Francis Fane enclosing n Acts passed in Massa-

March 10. chusetts in 1735 and 1736 for his opinion in point of law, vizt. Acts for

regulating private trade with the Indians ; for support of ministers ; for

more effectual collecting of excise on liquors ; to explain an Act to relieve poor prisoners

for debt; to prevent counterfeiting bills of credit; to empower collectors of taxes to require

aid; to prevent unnecessary petitions; to prevent the destruction of fish called alewives;

for granting to Rowland Houghton of Boston the sole privilege of making and vending

the new theodolite; for granting 3ooo/. for support of the governor; for altering the

time for holding courts. Entry, z pp. [CO. 5, <)ij,fo. 96,

140 Governor Gabriel Johnston to Alured Popple. Having acquainted

March n. their lordships with the state of this province I take this opportunity
(which I have met with beyond expectation) to beg you to solicit
them for a speedy answer under cover to some of the governors of the northern provinces
and by them to be forwarded by express to Edenton. It is a peculiar hardship to the
gentlemen who serve the Crown in this colony that it never was before brought under
any order nor subject to the regulation of the laws, that there is not a place in the whole
government fit to keep any one office in, nor any gaol nor effectual law for raising the
militia. So that if we have not the countenance of H.M.'s ministers and boards at home
it is really impossible to carry on business. And Mr. Burrington has had the address to
persuade the people that H.M. neither wants quitrents to be paid nor any of his instruc-
tions to be observed ; so that if I do not soon receive orders from my Lords of Trade in
consequence of my last letter I must sit still and suffer matters to go on in the same con-
fused, irregular manner as formerly.

It is now almost two years since the Lords of Trade referred the case of the blank
patents to the Attorney-General. I immediately ordered all proceedings to be suspended
until we should have so good an authority to direct us. It is a great misfortune that we
have never yet been favoured with Mr. Attorney's opinion for the proprietors of these
patents have really endeavoured to excite the people to a rebellion because we distrain
upon a few of them who refused to pay their quitrents, which is an unheard-of practice
in this part of the world. I have now fairly and without prejudice sent my opinion which
of these patents ought to be vacated (by the prosecution of the attorney-general of this
province) and which of them ought to be allowed of; and if I don't hear speedily from
their lordships I hope, if any bad consequences should happen, they will not be laid to
my charge.

I was obliged to prorogue last assembly at Edenton which at first promised very fair
to settle this country by enacting some good laws. But an emissary from the late governor
who arrived here during their sitting did amuse them with so many representations
that it was impossible to do business with them. According to the last prorogation I
met them here on ist current and recommended to their consideration the present
miserable case of the province. But instead of minding that, the first thing they attempted
was to take the officers who distrained for H.M.'s quitrents during the time of collection
into custody, upon which I dissolved them by the enclosed proclamation. I hope you
will lay before their lordships what I have now wrote to you in a very great hurry.
Signed. 3 small pp. Endorsed, Reed. 17 August 1737, Read 8 February 1737/8.
Enclosed,

140. i. Proclamation by Governor Johnston dissolving assembly of North

Carolina for seeking to intimidate H.M.'s officers in the execution of their duty:

4 March 1736/7. Copy, i p. [CO. 5, 295, fos. 102-104*!.]

145] AMERICA AND WEST INDIES 1737 73

141 Alured Popple to Attorney-General Dudley Ryder desiring him to
March 12. prepare draft of a commission of review in the case of the dispute

between Connecticut and the Mohicans. Copy of commission issued
in 1706 enclosed. Entry, i p. [CO. 5, 1294, pp. 98-99.]

142 Council of Trade and Plantations to the King. We have lately con-
March 15. sidered an Act passed in South Carolina for ascertaining the public

officers' fees. It does not appear to us that there was reason for com-
plaint against any of the patent officers nor does the preamble accuse them. The governor
and council are empowered to regulate fees. As this Act affects the property of your
patent officers there ought to have been inserted a suspending clause. We lay the Act
before you for disallowance. Entry. Signatories, Fitzwalter, Thomas Pelham, Orlando
Bridgeman, James Brudenell, R. Plumer. 2.^ pp. [CO. 5, 401, pp. 202-204; draft in CO. 5,
381, fos. 235-236^.]

143 Same to Lords of Committee of Privy Council. We have considered
March 15. the petition of the patent- and warrant-officers of South Carolina

against the Act for ascertaining public officers' fees. [Continues as
preceding.] We have therefore represented to H.M. for the repeal thereof. Entry. Signatories,
as preceding. 3 pp. [CO. 5, 401, pp. 205-207; draft in CO. 5, 381, fos. 237-239^.]

144 Petition of Augh Quant Johnson of the tribe of Mohicans to Council
[March 15.] o f Trade and Plantations. Petitioner came over last year with Mahomet

and Major Mason, guardian of the Mohicans; these two are now dead. He prays that in
the commission of review on the Mohican complaints no commissioner of Connecticut
or Massachusetts be nominated but good men of New York and Rhode Island; and
further that Samuel Mason, Major Mason's son, may be the guardian of the tribe. Signed.
i p. Endorsed, Reed., Read 15 March 1736/7. [CO. 5, 12685/0. 257,

145 Sir William Yonge to Alured Popple, enclosing the following for the

March 16. attention of Council of Trade and Plantations. Signed. i| small pp.
ehalL Endorsed, Reed. 17 March, Read 22 March 1736/7. Enclosed,

145. i. Brigadier Richard Philipps to Sir William Yonge; Horse Guards, 10 March
1736/7. 1 have received your letter with extract of Capt. Lee's report that a company
of my regiment in garrison at Placentia is without smallarms. The reason the fire-
arms of that company being so much worn out and wanting to be renewed proceeds
entirely from the neglect of Col. Gledhill, deceased, the captain thereof, from whom
notwithstanding my repeated orders I could never procure any return whereby I
might know the true state of his company during his command there nor for a long
time after though strictly required, as appears by copy of my letter 31 May 1735 here-
with sent; by whose silence believing their firearms all serviceable, I would then had I
known the truth [have] sent firearms as well as bayonets which were forwarded with
the clothing as appears by the answer returned to my said letter, dated 23 September
1736, copy sent, as also another letter from the same gentleman of 10 September 1736
giving me a further account of the state of both the soldiers and their arms, which
said two letters coming to hand some time in November last gave me the first
information of their state and condition, which you will find very different in relation
to the arms from that reported by Governor Lee.

Upon receipt of which, I went immediately and bespoke a new set of arms of
Mr. Barber, gunsmith in Pall Mall, which are now ready packed in two chests to be

74 STATE PAPERS COLONIAL [146

sent to Placentia in the same ship with the clothing. And this I would have done
four years ago when I furnished the rest of my regiment with new arms had I known
they had any manner of occasion for them. The gentleman who delivers this will
fully satisfy you that my regiment is in all respects taken care of as well and with as
much justice as any regiment whatever in H.M.'s service and that if at any time there
happen a deficiency the defect if not timely removed is imputable only to the gentle-
men commanding on the spot, I being ready at all times to give all necessary supplies
for the good of the service. Copy. 2. pp.

145. ii. Same to Lieut. Thomas Prendergast, O.C. garrison in Placentia; London,
31 May 1735. Capt. How of the Phoenix schooner the bearer hereof carries from
hence recruits raised for my regiment. This is to command you to receive as many
of the said recruits as will complete Col. Gledhill's company now under your com-
mand to the number of 3 1 private men according to the establishment. I think you
cannot be ignorant that the said company is part of my regiment and that it is your
duty to make constant returns to me of the strength and condition of the same,
which you have hitherto omitted to do. As to what is past I shall overlook it. But
for the future I shall expect to be made acquainted from time to time with every
occurrence of the company and to have the returns thereof constantly sent to me.
Copy. | p.

145. iii. Joseph Gledhill to Brigadier Philipps, Placentia, 23 September 1736,
notifying receipt of letter of 31 May 1735, clothing, belts and bayonets by the
Providence, but no arms. I only took the company under my care 26 May last since
which time nothing has been wanting to put it in the best posture of defence.
Abstract of effectives and muster roll enclosed. Copy. i| pp.

145. iv. Same to same; Placentia, 10 September 1736. On 26 May last I took the
care of the company here by virtue of my commission resigned to me by my late
father, Col. Gledhill. The company mostly consists of old men fit for Chelsea only,
few or no arms fit for service. As to the arms, you will please order new for the whole
company. I shall recruit the company so far as lies in my power. I received by Capt.
St. Barbe provisions for seven months only. There is no clothing as yet arrived.
Copy. />. [CO. 194, io,fos. 46-50^.]

146 Lieut.-Governor William Gooch to Duke of Newcastle. By an express

Mirch 16. from the lieut. -governor of South Carolina I lately received advice
lfgini that the Spaniards are fitting out from Havana a squadron of men-of-

war and a considerable body of land forces with a design (as they give out) to attack the
new colony of Georgia. As I cannot easily credit this report seeing no ground from the
European news to suspect any sudden breach of the good correspondence between
H.M. and that Crown so neither does it seem probable that the Spaniards should be in
a condition to begin a war at this time when H.M.'s fleet is so near to their coast. Yet as
it is prudent to take all necessary measures for defending these plantations in case of
such an attempt, our station ship is fitting out with all speed to join H.M.'s ships of war
on the South Carolina and Georgia station, and I am putting this country in as good a
condition of defence as I can if they should happen to make an attempt here. Though I
hope all this intelligence may prove only a Spanish bravado to intimidate the people of
Georgia from prosecuting their settlements, yet I thought it became me to give you this
early intimation of this threatened danger whether it is really designed or not, since in
either case the behaviour of Spain is inconsistent with what they owe to H.M. Signed.
i p. Endorsed, Reed. 23 May. [CO. 5, i$)j,fos. 189-190^.]

148] AMERICA AND WEST INDIES 1737 75

147 General abstract of account of Trustees for Georgia, 9 June 1736-

March 16. 15 March 1736/7 to be laid before them at the anniversary meeting on

Georgia Office. J March

148 Report to the anniversary meeting of the Trustees of Georgia. After

March 17. reading the general abstract it is observed: that 12.4!. 2s. z%d. charged
received in America is the sterling money at 7 for i on 868/. i^s. -j\d. South Carolina
currency for the duty of 3^. a gallon on 69,502^ gallons of rum imported into that
province from i March 1735/6 to i June 1736 granted by the general assembly of South
Carolina 9 June 1733, for the use of Georgia.

That the Trustees have received from Georgia by the Two brothers which arrived in
January last 266 barrels of rice and 7 cases of deer skins, the rice producing 257 barrels
sold to John Duffield weighing net 1127 cwt. 20 Ibs. at 15-1-. per cwt., 8457. js. 8^.; 4
barrels sold to John Woodbridge weighing net 16 cwt. i qr. 3 Ibs. at i6.r. per cwt., i3/.,
making together SjS/. 7J-. %d., and the remaining 5 barrels were emptied by the dirt in
garbling and by damage. Of which 8587. js. 8</., 333/. 14-1-. has been received and is
charged as part of the io,joiL 6s. -jd. received in England since 9 June 1736 and the
residue will be payable on i9th inst. The skins on the entry weighed 3128 Ibs. but are
yet unsold, only zs. yd. having been bid, and as it is expected from the goodness of them
they will fetch is. lod. a Ib. before Lady Day next; but at zs. yd. a Ib. if they continue
the same weight will produce 43O/. zs. and will make the gross produce by the said ship
I288/. 9J-. %d.

That to the sum of 32i/. 19^. yd. received towards the building of churches in
Georgia, i7i/. 5-f. -jd. appropriated by the Trustees for that use and 28 j/. los. subscribed
for the same use to be paid at one month's notice are to be added; and make together
778/. 15-r. ^d. for building of churches in Georgia.

That the settlements are so extended from the northern to the southern part of the
province a minister for each division is become necessary, besides an itinerant minister
for the several villages in the northern division.

That notwithstanding the Society for the Propagation of the Gospel in Foreign Parts
did on 1 6 January 1735/6 approve of John Wesley to be a missionary at Georgia in the
room of Samuel Quincy and agreed that 5o/. a year should be by them allowed him
from the time Mr. Quincy's salary should cease, yet the said society on 19 November
last ordered the payment thereof to be stopped. Wherefore until a provision for the
maintenance of ministers and catechists can be raised from the lands set apart to be
cultivated for that use, there is no present annual provision for such maintenance, which
is offered for consideration if it may not be proper to open a subscription for annual
contributions until the other maintenance can be raised.

As to the instructing the native Indians and converting them to Christianity, that
wholly employs the time of one missionary and a schoolmaster besides the occasional
assistance of the other ministers, and benefactions often come in for that very use which
at present amount to 3827. 17^. i\d. remaining unapplied.

As to the sum of 1 1,6877. 8.r. i \%d. depending on several persons in America to account
for, it is necessary to explain the reasons of so large a sum being still returned not
accounted for, which chiefly are two. The one is that though Mr. Causton's cash accounts
are received up to the end of July last yet most of the payments therein taken credit for
do not express the services for which such payments were made and some mention for
several services without the particular accounts referred to that would distinguish the
same, which defect is soon expected to be supplied from Georgia, proper hands being.
employed to make out such particulars and which when received will be regularly

76 STATE PAPERS COLONIAL [149

entered in the payment book for America and posted off to their different heads of
service in discharge thereof. The other reason is for want of Mr. Causton's accounts
from the end of July last and the account of the storekeeper at Frederica; Mr. Causton's
are soon expected and Mr. Moore's will be delivered here as soon as settled.

The sola bills issued in Georgia amount to 4ooo/. whereof there has been paid to
ijth inst. 23237. There is also directed for payment to ijth inst. and not yet due 152!.,
and then standing out 15257., which makes the 16777. appropriated money for the said
bills, whereof in the Bank iooo/., directed on Messrs. De Smeth and Heathcote 1527.,
balance in their hands for sola bills to be directed on them 5 2 5 /.

The balance in the bank ijth inst. is 26727. i6s. yd. whereout deduct the iooo/.
appropriated for sola bills, the remainder is 16727. i6s. yd.

The balance to be applied by the general abstract is 19917. 14^. %\d. whereout 41 7.
13^. 4</. must be deducted advanced to the botanist more than was payable by the
Trustees until the subscribers repay it and which is not taken credit for in the said
abstract, and thereby the said balance to be applied will be 19507. is. ^\d. whereof in the
bank as above 16727. i6s. yd., in the hands of Messrs. De Smeth and Heathcote 2447.
I5.f. zd. and in the accountant's hands 327. 9-f. ^\d. Which balance is to be applied as
follows: for establishing the colony, 3767. zs. 6J</.; particular persons, 261 7. is. ; building
of churches, 4937. jj 1 . <\d. ; missionaries, 3827. 17^. i\d.; missionaries to the Salzburghers,
jo7. ; and the general religious uses, 3867. 15^. dfad.

Lands granted since last anniversary meeting: for religious uses, 300 acres in trust;
Thomas Ormston of Edinburgh, 200 acres; Patrick Graham of Scotland, 100 acres;
William Aglionby of Westminster, 100 acres; Isaac Young of Gloucester, 100 acres;
David Blair of Scotland, 500 acres; Thomas Boyd of Scotland, 500 acres. Covenants for
land for 30 servants in the said grants amount to 600 acres.

Number of persons sent upon the charity 1732 - 14 June 1736; 1050. Whereof 302
were foreigners, 160 North British, 588 English. 467 were men. In addition 10 Moravians
(men) paid for by H.M.

Number of persons gone at their own expense are: 213. Number sent on charity (as
above): 1050. Number whose passage is to be repaid: 10. Grand total: 1273, besides
wives and children of those who went at their own expense, 40 servants bought for the
public in Georgia, and the many settlers from Carolina and other parts which together
with the above-mentioned are computed to amount to 1810 persons besides the 1050
sent on the charity, making together 2860 persons computed to be now in Georgia,
whereof men 1097. Entry. 3! pp. [C.O. 5, 670. pp. 306-309.]

149 Harman Verelst to John Martin Bolzius. I received your letter acknow-

March 17. ledging the receipt of the tokens the Trustees sent you and Mr.
Georgia Office. Q ronau AS to t h e g rst an j seconc j transport of the Salzburghers
whom Mr. Oglethorpe consented to remove to New Ebenezer at their request and that
their crop at Old Ebenezer should be for their use towards their subsistence, the Trustees
have considered them to be assisted from the store on the reduced allowance to September
next without expecting repayment thereof; but their crop at Old Ebenezer and what-
ever has been advanced to them since their new settling must be accounted as part. As
to the new boat, Mr. Causton has directions to pay for it. As to the lands set out for the
Salzburghers at New Ebenezer, there are more already set out than cultivated to raise
their subsistence from, and directions are given to have the remainder set out with all
possible expedition, the surveyor as much as can be to do equal justice in marking out
each person's lot wherein some part may be of one soil and some of another.

As to the third transport of Salzburghers, they were computed part of the last em-

152] AMERICA AND WEST INDIES 1737 77

barkations for the southward, and it was intended to have desired Mr. Gronau to have
ministered unto them there. But the altering that intention on their arrival in Georgia
occasioned great difficulties to provide for them as first settlers, all their tools, necessaries
and provisions being on board those ships for the southward which could not be un-
packed at Tybee nor until they were debarked where the said embarkations were
appointed to be settled. This consideration must take off all blame from the Trustees
who had so fully provided for them in the same ample manner as the former Salzburghers.
In this situation therefore the Trustees sent their direction for the supplying them with
provisions as first settlers and with iron pots, tools and necessaries for settling them-
selves, which I have again repeated and am satisfied it will be if it has not already been
complied with; but then whatever they have received must be accounted as part.

A particular benefaction has enabled the Trustees to send orders for a cock and hen
to be given to each man of the third transport of the Salzburghers, and a sow, a turkey
hen and a goose to every five heads of the said transport, and that i6/. sterling should
be laid out for building your house and schoolhouse at New Ebenezer. I have written
to Mr. Causton to make good any payment to the Salzburgher carpenters, if any were
employed on Mr. Gronau's house at Old Ebenezer. The accident of your not receiving
the 5o/. paid in by the S.P.C.K. for your salaries to i November last was owing to the
sola bills sent for payment thereof to Mr. Oglethorpe not being arrived before he sailed
from Georgia. On receipt of this letter it will be paid together with expenses you have
been at in borrowing money for want thereof. Entry. PS. My service to Mr. Gronau. I
have sent you from the Trust a pair of cullen stones for a handmill as Mr. Ziegenhagen
desired for the Salzburghers. The reduced allowance is to each head for a year: 15
bushels of Indian corn, 200 Ibs. of meat, a quart of molasses a week. 2 pp. [CO. 5, 667,
fos.

150 Order of King in Council approving report from Committee for
March 17. Plantation Affairs that John Maycock should be a member of the

council of Barbados in the room of Mr. Ashley who has left the island
without any design to return. Copy, certified by James Vernon. i pp. Endorsed, Reed.
16 May, Read 24 May 1737. [CO. 28, 24, fos. 215, 21 5</, 218, zi%d; warrant in CO. 324,
37, P- 4*-]

151 Minutes of meeting of Trustees for Georgia. Received, receipt from
March 17. the bank for io/. IQS. benefaction of a gentlewoman towards support

of missionaries in Georgia. Received by Dr. Hales, ioo/. benefaction
of a gentlewoman towards support of missionaries and schools for instructing and con-
verting to Christianity the Indians in Georgia. Resolved, that Dr. Hales return the thanks
of the Trustees for the same. Read, the resignations of John White and Robert More;
William, Lord Talbot and Thomas Archer were chosen Common Council men in their
room. Sir Jacob Des Bouverie Bart, was chosen one of the Trustees. General Abstract
of Account of the Trustees from 9 June 1736 to 15 March following was read and ordered
to be entered. Read, resignation of Robert Hucks ; Robert Eyre was chosen Common
Council man in his room. Resolved, to thank Dr. Warren for his excellent sermon
preached to-day and to desire him to print the same. 2 pp. [CO. 5, 687, pp. 1-2.]

152 Council of Trade and Plantations to the King, recommending con-

March 1 8. firmation of three Acts passed in Jamaica in May 1756, vizt. Acts to
Whitehall. , . . r T , w , \ . "Lev u V

explain will or John Wolmer late or Kingston, goldsmith; to confirm

sale of Fort House in parish of St. Catherine; to enable David Jones, a minor, and Robert

78 STATE PAPERS COLONIAL [153

Kilbie, his guardian, to sell lands. Entry. Signatories, Fitzwalter, O. Bridgeman, J.
Brudenell, R. Plumer. z pp. [C.O. 138, 18, pp. 99-100.]

153 Alured Popple to Francis Fane, enclosing two Acts passed in Antigua
March 18. i n November and December 1736 for his opinion in point of law, vizt.

Acts for relief of insolvent debtors; for adjourning Courts of King's
Bench and Common Pleas in Antigua and for lengthening time for sale on execution.
Entry, i p. [C.O. 153, i6,fo. 48^.]

154 Attorney-General to Council of Trade and Plantations enclosing draft
March 19. of commission of review in the dispute between Connecticut and the

Mohicans. Signed, D. Ryder. Annotated, The above-mentioned draft was sent back to the
Attorney-General and returned with his report dated 3oth and read 3ist inst. March.
i p. Endorsed, Reed. 21, Read 22 March 1736/7. [C.O. 5, iz68,fos. 258-259^.]

155 Explanation of some points of the petition of Sebastian Zouberbuhler
March 19. for introducing 100 Swiss families into South Carolina in order to

begin the peopling of a new township by the name of New Windsor. In addition to the
grant of a town lot, 5 o acres of land and one year's provision out of public funds, which
each settler receives, Col. Purry was granted by H.M. 48,000 acres of land for himself on
condition of carrying over to South Carolina 600 souls in six years to settle a township
on the river Savannah. The assembly of the colony also paid him 28oo/. Carolina currency.
Petitioner contracted with the council in Carolina on 17 July 1736 to procure 100 families,
and brought over 50 in November last. He asks for the same rewards and advantages
as were given to Col. Purry, undertaking to introduce the same number of souls. Owing
to his long passage from Carolina, he cannot get his people to Carolina by October next,
which is the contracted date; and he asks for two years from i October 1737 in which
to complete his undertaking. The value of the 48,000 acres which he asks is much less
than the land given to Col. Purry, the township of New Windsor lying 200 miles further
from the sea than Purrysburgh. Signed. 3 pp. Endorsed, Reed. 19 March, Read 26 April
1737. [C.O. 5, 365, fos. 204-206^.]

156 Order of the Committee of Council for Plantation Affairs referring the
March 19. following papers to Council of Trade and Plantations. Signed, James

Vernon. Seal, i p. Endorsed, Reed. 23 March, Read 24 March 1736/7.
Enclosed,

156. i. President Gregory to Duke of Newcastle, 23 November 1736, forwarding
an address from the legislature of Jamaica. The country has for these three months
been undisturbed by the rebel negroes, from what cause I do not well conceive : our
success against them has not been considerable nor their numbers lessened that we
certainly know of. It has indeed been reported that they had smallpox amongst them
and that several have died, but I do not think that report much to be depended on.
Our parties have not yet been able to discover their main settlement called Capt.
Cudjo's Town, from whence they used to send small parties by surprise to rob and
disturb the inhabitants. Could we be secure they would continue thus quiet, it would
be prudent to let them alone unless we had the prospect of effectually destroying them
which I have little reason to expect by parties of white men who cannot sufficiently
bear the fatigues of travelling over mountains and woods. It must be done by their
own colour, if we could safely trust such a body together with arms. I have used my
endeavours to propose a treaty to such as have been out for the space of five years

156] AMERICA AND WEST INDIES 1737 79

promising them liberty and lands to cultivate if they would submit on condition that
they would clear the woods of such as resolve to stand out, and entertain no more
amongst them. But I have not been able to procure any that would venture to carry
the message to them though upon promise of reward. I am of opinion if H.M. would
so far assist us with money as to purchase the freedom of 200 slaves, such as we
should judge could be best depended upon, and put them under a British establish-
ment as to their pay, it might save H.M. the expense of sending that number of
soldiers; and they would be extremely useful not only for this service but likewise
in case of any foreign invasion. I enclose my speech to the assembly and their address,
by which you will be able in good measure to judge of the present state of our
country. Copy. ^\ pp.

156. ii. Address of president, council and assembly of Jamaica to the King,
offering the distressed and unhappy condition to which this colony is at present
reduced. The slaves in rebellion which have already cost so many lives and so much
expense continue as insolent, troublesome, and we believe as numerous as ever.
To reduce them and to defray other contingencies your subjects here have lain under
the weight of many grievous taxes ; we find ourselves still under an absolute necessity
of continuing this oppressive load in order to the raising and sending out of parties,
the building of barracks and subsisting the forces which you have sent to our assis-
tance. The loss of our trade which was formerly so beneficial to this island and con-
stantly furnished us with money has put us under great straits and difficulties, as it
was the only channel through which those necessary supplies were conveyed to us.
But that which completes our misfortunes and renders our condition most unhappy
and deplorable is the late excessive fall of our principal commodities which are at
present so far diminished in their value in Great Britain , the sole mart allowed us for
them, as not only to prevent the hopes and prospect of any further accession of
strength to the island and to discourage entirely the undertaking of any new settle-
ments among us but also to deprive those who are already settled of the means of
carrying on and improving their estates, discharging the debts which they have
been obliged to contract in settling them, and paying the taxes necessarily imposed
upon them for their own defence and the security of the public. This last calamity
we have good reason to apprehend will be attended with very fatal and destructive
consequences and seems to threaten no less than the utter ruin and desolation of this
once flourishing island. We have no hopes of relief but in your power and influence.
Copy. Signatory, John Gregory. Passed the council, 23 November 1736, Samuel
Williams, clerk. Passed the assembly, 23 November 1736, William Needham, speaker.

156. iii. Speech of President Gregory to council and assembly of Jamaica, with
the assembly's address and president's answer, 9 November 1736. The president
attributed the present evils to the loss of trade, heavy taxes, and the fall in price of
the principal commodities. He recommended an application to H.M. for relief. The
parties sent against the rebellious negroes had not fully succeeded: the president
proposed additional pay to encourage officers in that work. The assembly in their
address concurred that application should be made to H.M. Copy. 4pp.

156. iv. President Gregory to Duke of Newcastle, 27 November 1736. I enclose
my speech to the assembly upon a prorogation I was obliged to put them under, after
which four gentlemen of the council were pleased to offer the board the enclosed
reasons signed by themselves. I have faithfully transmitted to you and the Lords of
Trade the journals and minutes of the council to the present session. The secretary
has not yet made out the rest, and nothing material has happened since the last. If

8o STATE PAPERS COLONIAL [157

it appears to you that there has been the least foundation for this treatment I expect
no countenance; but if you should think I have been unreasonably dealt with I will
not doubt your justice in supporting the injured. Copy, i p.

156. v. Speech of President Gregory to council and assembly of Jamaica. The
president prorogued the assembly to i February next. Copy, i p.

156. vi. Some reasons why the undersigned members of Council do for the pre-
sent withdraw their attendance from the Board. St. Jago de la Vega, 27 November
1736. (i) The president during his whole administration has acted in matters of the
greatest importance not only without but contrary to the advice and consent of the
council. (2) The council having been obliged to a tedious attendance of 14 weeks
were greatly harrassed in their persons, injured in their fortunes and abused in their
stations without any reason that we conceive but to force their assent to some
clauses in the Deficiency and Rum Bills which they judged partial and unreasonable.
(3) The present session of assembly was called without the advice of the council and
without any pressing necessity that we are informed of, unless it was to procure those
clauses to be passed in some law before the arrival of a governor. (4) During those
sessions of assembly, the council having rejected some bills that did not seem necessary,
the president in his speech at the close of the session insinuated that the council were
not only wanting in duty to H.M. and this island but regardless of the oaths they
had taken in their stations, an imputation to which we shall forbear to give the proper
epithet, but which appeared to us so horrid that nothing could have prevailed on us
to have given our attendance at this board but that the number of the council (until
this session) was so small that we could not withdraw ourselves without a manifest
obstruction of the public business. (5) As we have not yet received from the Secretary
of State and Lords of Trade any redress for Mr. Gregory's conduct pursuant to our
address to H.M. and representation to the Duke and their lordships, we conceive
the council may be liable to be insulted on the like occasions by any of their fellow-
councillors who may hereafter assume the government. For these and other reasons,
we think it inconsistent with our honour, character and integrity to attend this
board during the present administration. Copy. Signatories, Edward Charlton, Henry
Dawkins, William Gordon, Temple Lawes. Certified, by Samuel Williams, clerk to
the council. 2 pp. [C.O. 137, zz,fos. 98-108^.]

157 Minutes of Common Council of Georgia. The minute of 2nd inst.

March 21. being read concerning Mr. Simond; and the Common Council being
acquainted that the House of Commons had agreed to the resolution
that a sum not exceeding 2o,ooo/. be granted towards settling and securing Georgia;
and the Common Council having perused the minutes of 4 August last when 31507.
sterling was ordered to be made out in sola bills and sent to James Oglethorpe in Georgia
as also the minutes of 10 September last when only 15007. in the said bills was ordered
to be sent to Mr. Oglethorpe; and it appearing that Mr. Oglethorpe had not received
the said bills before he left Georgia and that the said bills were sent for back by reason
they could not be issued in Mr. Oglethorpe's absence; resolved, that Mr. Oglethorpe be
desired to issue to Francis Moore now in England iooo/. sterling in sola bills of io/.
each and that the said issue be dated on a day in November last before Mr. Oglethorpe
and Francis Moore left Georgia, and that the said bills be sent by the Peter & James,
Capt. George Dymond, to Mr. Causton as cash for the present supply of the colony;
and that the 5oo/. credit which Mr. Simond was desired to give Mr. Causton be counter-
manded; and that out of the 2o,ooo/. voted in Parliament any five of the Common Council
be empowered to draw upon the Bank of England from time to time for the payment

Ij8] AMERICA AND WEST INDIES 1737 8l

of the said iooo/. in sola bills now ordered to be sent to Mr. Causton as they shall
become payable on their return to England in the same manner as for the payment of
the 4000?. sola bills already issued in Georgia.

Resolved, that io/. be advanced to Samuel Lacey's wife, her husband to repay the
same and charge of her passage to Georgia and her two children's. Resolved, that the
sola bills that are paid be cancelled by a punch through the seal in the presence of any
one of the Common Council and two of the Trustees. Resolved, that 6/. ^s. be paid to
Mrs. Lawley balance of her late husband's benefaction for her son. Read a petition of
Jacob Lopez de Crasto desiring leave to dispose of a moiety of 100 acres of land; referred
the same to Mr. Causton to report upon. Resolved, that io guineas be paid to Mrs. Mary
Cooper for one year's rent of her house in Savannah rented by Mr. Parker the third
bailiff. Read a report from the committee of accounts of 23 February 1736/7 that they
had read a memorial from Capt. Thomson setting forth various claims for use of the
Two Brothers amounting to 433/. 14^. which the committee are of opinion should be paid
out of the produce of 266 barrels of rice lately sold which the said ship brought over
and that the 2oo/. which had been paid on account of the said sum should be replaced
by the said produce; and that an account of presents made by Capt. Dempsey, the agent
sent to the governor of St. Augustine, to several persons there being laid before the
said committee and amounting to 83/. zs., the committee have no objection to the
payment thereof. Resolved, that the Common Council agree to the said report. The
accountant reported that he had examined the account of provisions and arms delivered
in November last for the use of the colony and had paid 2637. in full in discharge of the
same. 5 pp. [CO. 5, 690,^. 55-59-]

158 Duke of Newcastle to Council of Trade and Plantations enclosing

wiv^VlV C Py ^ a P a P er delivered by M. Maurepas to Lord Waldegrave relating

to the captures lately made in America of English and French ships

and containing proposals of several regulations to be made for preventing the like

irregularities for the future. H.M.'s pleasure is that you should consider the said paper

without loss of time upon the several points contained therein. Signed, i p. Endorsed,

Reed. 21 March, Read 22 March 1736/7. Enclosed,

158. i. It has been explained in a memorandum what the arrangements are in the
French Islands according to the provision of art. 3, tit. i of the edict of October 1727
concerning foreign commerce to the islands. If Mr. Mathew had observed the same
justice with regard to the Fortune of Dunkirk and the Fleuron of St. Malo, there
would have been no occasion of complaint. To prevent this in the future, to remove
all subjects of disagreement between the two nations, and to establish legitimate
trade, it should be agreed (to establish equality between them) :

(i) French vessels trading from island to island may be seized within one league
of the English islands and may be condemned if within the proposed law; (2) French
vessels returning from the West Indies to Europe shall not be seized nor their
navigation hindered under the pretext of being within a league of the English
islands ; (3) English vessels bound for Europe which fortuitously may be within one
league of the French islands shall not be seized by the French under this pretext; (4)
ships from New England and the English islands may be seized within one league
and will be condemned when there shall be proof, by the nature of their cargo or
other circumstances, of an intent to trade; (5) English warships (acting as coastguards
in the West Indies) are in the habit of anchoring in the chief ports of the French
islands and making long stays. They have hitherto been received with ease and
courtesy. Most of the commanders of these vessels have responded with equal
6 XLIII

82 STATE PAPERS COLONIAL [159

courtesy and there has been no cause to complain of those who have been to the
Windward Islands. But those who have been to the coast of St. Domingue have
sought anchorage in suspicious places where there are few or no inhabitants and no
senior officer. The reason for this is that their ships are loaded with negroes and
goods which they sell in these remote places to people who, having been previously
notified, go there. Several examples could be given, but the English court is not
unaware of a similar trick just played by Capt. Bridge. The French court is not yet
fully informed of what happened on the third trip to this shore in less than a year
by Capt. Bridge with the commander of the King's ship La Baleine.

While it may not be established that the captains of English warships visit the
coasts of Ste. Domingue only to favour and protect the illicit trade of ships in their
company, yet it cannot be doubted, given the choice they make of anchorages under
the pretext of need for wood and water. All the ports where there are senior officers,
troops, residents and merchants, are open to them and if they had nothing in mind
other than their needs they would find them more easily there than in the barely
inhabited places they prefer. Until now the King has restrained his officers in the
hope that his Britannic Majesty would restrain the commanders of whom complaints
have been made. But that having no effect it seems proper in order to avoid disputes :
that English warships going to the French Windward Islands or the coast of St.
Domingue may anchor for the help they need and for wood and water only in the
following ports and harbours, vizt., Martinique: Fort Royal, Bourg St. Pierre and La
Trinite; Guadeloupe: Basse-Terre, Petit Cul de Sac and Fort Louis; Grenada: the
principal port, as at Marie Galante; St. Domingue: Petit Goave, Leogane, St. Louis,
St. Marc, Port de Paix, Cap Francois and Fort Dauphin. Merchant ships alone or in
company with warships may not anchor in any other places in the French islands;
and will not be arrested there provided they can justify the necessity of their putting
in and that neither the cargo not the destination are for the said French colonies,
but may remain no longer than necessary to refit or for other needs, not trading.
Those who put in there without need will be seized and confiscated if there is proof,
either by the nature of the cargo or other circumstances, that they have put in for
trade.

This agreement is necessary for the benefit of trade. It must be followed, or for
that matter preceded, by the release of the security given for the Fortune of Dunkirk
and the restitution of the Fleuron of St. Malo and her cargo, together with costs,
damages and interest for the owners and shippers. Although the English ship Scipio,
seized by the royal pinnace and taken to Martinique, was taken in less favourable
circumstances, the King (who has not yet received the petition and evidence on which
the Directeur des Domaines of Martinique has based his appeal against the order for
release of the superior court of the island) might nevertheless confirm this order.
French. Copy. &\pp. [C.O. 323, io,fos. 66-jid.]

159 John Yeamans to Duke of Newcastle. By letters I have very lately

March 21. received from Antigua dated 17 January last it appears that all the
inhabitants of that island were then as they had been for some months past under arms
pursuant to a proclamation of martial law on account of the negro conspiracy discovered
in October last and that it was uncertain when the danger arising from thence would
cease. I have also received the report of the commissioners appointed by the governor,
council and assembly to examine into the said conspiracy and to try and condemn the
criminals, which I shall not trouble you with unless I have your commands for so doing,
designing to lay it before the Committee of H.M.'s Privy Council to whom my petition

l6l] AMERICA AND WEST INDIES 1737 83

for an augmentation of H.M.'s forces in the Leeward Islands is referred. But I beg
leave to lay before you an extract out of the said report paying tribute to Governor
Mathew for his conduct during the conspiracy [See No. 20 iii.] From this I submit it to
your judgment how necessary Governor Mathew's presence in the said island might be
or whether he can at this time be recalled from thence or have leave to come home con-
sistently either with the safety of that island or H.M.'s service till matters are settled and
the country is reduced to a state of tranquillity, at least till a new governor arrives to
supply his place. Otherwise that government will be left without a proper countenance
and authority in this most dangerous and critical posture of affairs. I should rather esteem
it my duty with all submission to beseech you that Mr. Mathew may have H.M.'s express
orders to remain where he is as well for the reason already offered to you as because his
conduct with respect to the French and Spaniards has brought them to pay a juster
regard to the English in those parts than they have done for many years past. This will
appear to you from what I add at the end of this letter. And if that gentleman should be
removed at this juncture, I speak it with all possible deference, it is greatly to be
apprehended that foreigners will from hence be encouraged to treat H.M.'s subjects
with greater injustice than ever they did before especially should they conceive his
removal to be owing to the vigorous measures he has taken against them. I entreat you
to put a favourable construction on what I have now given you, by which I have nothing
in view but H.M.'s service and the welfare of the Leeward Islands. Signed. Extracts from
letter of Governor Mathew to John Yeamans, dated Antigua, 17 January 1736/7: My
success in breaking the French trade with the English at St. Eustatius, and for which I
am burnt and hanged in effigy at St. Christopher's, has produced a flagrant testimony
how easy it is for us not only to distress but even to starve the French in Martinique and
Guadeloupe. The French King's edict is now waived with them and the extremities
they are reduced to have forced them to open their ports to all the northward men with
provisions and to the Irish beef men to come directly to them, or I am imposed upon in
my intelligence. I am grown so great a man amongst my neighbours that the Marquis
de San Felipe, Governor of Caracas, restores a sloop well-laden and taken by his gard-
cote at my request, sends me a present of a tiger and fine words etc. When the treaty
for the Fleuron broke off, I sent the French negotiators and her officers to Martinique in
a little sloop of theirs, my first seizure by the Act. They sent her very humbly back again.
At the close of the said letter are the following words : I am quite weary and dis-
couraged in my wishes. I have sold my sloop and called in my gard-cotes commissions.
I have done. God preserve the poor sugar colonies under better intentions than mine.
3 PP- [C.O. 152, 44, fos. IOO-IOK/.]

160 Robert Ellis to Trustees for Georgia. I enclose account of goods de-

March 21. livered for use of the colony and testified by storekeepers. Please pay

to Laurence Williams, merchant in London, whom I have empowered

to receive the same, the amount being 3727. lys. z\d. sterling. Please pay on sight of this.

My sloop Frederica is gone to Philadelphia for another load of provisions by order of

Thomas Causton, and hope will be with me back here in April. PS. 7 April 1737. This

day the snow is off the bar of Georgia and hope will get in in a day or two. Accounts

will be sent as soon as certified. Signed, i p. [C.O. 5, 639, fos. 232-233^.]

161 Minutes of meeting of Trustees for Georgia. Received, receipt from

March 23. the bank for 5o/. paid in by Sir Erasmus Philipps Bart., an executor of

Sir John Philipps Bart., deceased, being a legacy to the Trustees for

Georgia towards providing for and transporting persecuted Protestants from Salzburgh

84 STATE PAPERS COLONIAL [162

or other parts of Germany, or such other persons as the Trustees think fit, to Georgia.
Received receipt from the bank for ioo/. paid in at last board by Dr. Hales. Received,
same for il. is. benefaction of Thomas Richards for general purposes. Received of
Thomas Hyam, cuttings of vines and other plants for Georgia. Received, petition of
Sarah Watson, wife of Joseph Watson of Georgia, merchant, complaining of Mr.
Causton and the Trustees and praying for the discharge of her husband who has been
imprisoned above two years past. This petition was referred by H.M. to the Committee
of Council and sent by them to the Trustees for answer in writing. Resolved, that an
answer be drawn up to be laid before the Committee of Council with all convenient
speed. Oath of office as Common Council man was administered to William, Lord
Talbot, Robert Eyre, Thomas Archer. 2 pp. [C.O. 5, 687, pp. 3-4.]

162 Council of Trade and Plantations to Duke of Newcastle. Since our

23. letter to you of 28 October last enclosing extract of letter from Lieut.-
Governor Armstrong of Nova Scotia dated 19 June 1736 giving an
account of the insolence of French missionary priests in that province, we have received
another letter from him dated 23 November last acquainting us that two French priests
were sent out of the province by the lieut.-governor and council and that one of them
is returned again by order of the French governor of Cape Breton. We send you an
extract of Col. Armstrong's said letters and of some papers he enclosed to us. We refer
to our former letter and desire you will receive H.M.'s directions upon this occasion
that instructions may be sent to Col. Armstrong how to guide himself for the future.
This is the more become necessary because Col. Armstrong has refused to permit any
French priests to come into the province until he receives H.M.'s commands. Entry.
Signatories, Fitzwalter, M. Bladen, Orlando Bridgeman, R. Plumer. i^ pp. [C.O. 218, 2,
PP- 335-336.]

163 Same to same, enclosing copy of affidavit of one Fisher of Antigua
{ relating to some sloops taken by a Spanish guardacostas. Entry.

Signatories, Fitzwalter, M. Bladen, Orlando Bridgeman, R. Plumer.
i p. [C.O. 153, i6,fo. 49.]

164 Harman Verelst to Thomas Causton, by Peter & James, Capt. George

March 23. Dymond. Mr. Bradley's contract with the Trustees is to cultivate ioo
Georgia Office. r i i i -11 /- .

acres of land within one year with the use of 30 servants belonging to

the Trust in consideration of ten servants being allowed him for one year to be employed
in cultivating his own lot, and after the expiration of the said year the said ten servants
to remain as his servants and ioo/. sterling to be paid him out of the year's produce of
the public lands which he shall cultivate for the use of the Trust. Mr. Bradley is for one
year to receive allowances of provisions for himself, family and the ten servants.
[Particulars given.] As to his cultivating of Trust lands with 30 servants, as that number
besides his ten are not yet under his employment a proportion of land must be computed
for cultivation and a proportion of his pay out of the produce until he shall have 30
servants to employ for the Trust. What is necessary for the clearing and cultivating the
Trust lands and the maintenance of those servants so employed must be furnished for
that use but not as Mr. Bradley's property.

Enclosed you receive invoice and bill of lading of what is consigned to you from the
Trust as also what is consigned to you for the Salzburghers by the S.P.C.K. and a box
shipped by Mrs. Lawley for her son, Richard Lawley, at Frederica. The bill of lading
for the Trust contains a pair of cullen stones for a hand cornmill for the Salzburghers;

164] AMERICA AND WEST INDIES 1737 85

two cases of arms for the southward, one for Fort Frederica and the other for St.
Andrew, each containing 25 new muskets and bayonets; four boxes and a parcel for
Mr. Wesley; a box for Mr. Bolzius; parcel for Mr. Hawkins, surgeon at the Altamaha;
a bag of Neapolitan chestnuts for sowing in Georgia; box for Thomas Oakes, servant
to Mr. Young the wheelwright; one for Richard Hart at Frederica, servant to William
Abbott; one for Robert Parker junior; one for John Millidge; one for Mr. Green,
shoemaker at Savannah; one for Henry Lloyd; a box of garden seeds; a gift of a scarlet
garment with gold lace and fur and ten Ibs. of strong gunpowder for Tomo Chachi;
materials for a suit for Tooanahowi. In a box directed to you are some of the Trustees'
general accounts to 9 June last, those in marble paper are for the principal people
at Charleston and those in blue paper for others there and in Georgia who desire them.
You will observe in the said accounts what want I am in for the particulars I have
written to you for and how every payment you make requires a particular account for
what made, which I hope I shall always have for the future by duplicate bills of parcels,
accounts and receipts, the one for you to keep and the other to be sent to England. I
am in daily expectation of your answers to the queries already sent and explanations of
your accounts.

The Trustees have sent you iooo/. sterling in sola bills filled up as on 22 November
1736 by Francis Moore to himself and signed by Mr. Oglethorpe; they afe therefore now
issuable by you as money. The date is made the date before Mr. Oglethorpe left Georgia
which makes them appear regularly issued there. With these bills, settle Mr. Bolzius's
account for the 5o/. the S.P.C.K. paid the Trustees for half-year's salaries of the Salzburgh
ministers and schoolmaster, and pay John Wesley and Mr. Ingham jo/, apiece as mission-
aries. Use the rest of the bills now sent for supplying provisions at the southward,
buying gunpowder for the southward (49 kegs on board are consigned to John Brown-
field), supplying provisions to the magistrates and peace-officers in the northern division
and to Mr. Bradley's family and the public servants, and supplying provisions to the
first and second transports of the Salzburghers on the reduced allowance of 1 5 bushels
of Indian corn and 200 Ibs. of meat a head a year and a quart of molasses a head a week,
which the Trustees have ordered to be continued to them to September next at that rate
without their repaying it, particular benefactions having been received for the Salz-
burghers. But in their account from Mr. Vat's leaving them to September 1737 what-
ever their crop at Old Ebenezer amounts to or whatever has been advanced or delivered
to them already since their settling at New Ebenezer must be accounted as part of the
said reduced allowance to September next. If the new boat for the Salzburghers has not
been paid for, the Trustees desire you will pay for it. The Trustees have been informed
that you employed some Salzburgh carpenters in building Mr. Gronau's house at Old
Ebenezer and have not paid them; if you hired them for that purpose and they are not
paid, you are desired to pay them. But the Trustees understood that the English car-
penter and 20 negroes were employed in that and other buildings at Old Ebenezer;
please let them know if the Salzburgh carpenters were so employed or not. A particular
benefactor enables the Trustees to direct you to expend i6/. sterling in building the
minister's house and a schoolhouse at New Ebenezer and to furnish each man of the
third transport of Salzburghers with a cock and hen, whom I think are now 24 men in
number, and a sow, turkey hen, and goose to every five men, women and children,
which I think are now about 5 5 heads. The provisions for the third transport for the
first year are to be as new settlers, the same as those to Mr. Bradley and family, and the
credit of 2o.r. per head which Mr. Oglethorpe ordered them is to be made up to the
quantities of tools and necessaries furnished new settlers including the iron pots sent
them in June last as part; and whatever has been advanced them or they have received

86 STATE PAPERS COLONIAL [165

since their arrival must be accounted as part of the said supplies. The Trustees desire
you would order the remainder of the Salzburghers' lands at New Ebenezer to be set
out as soon as possible.

The Trustees have received the following accounts from you: Mr. Eveleigh's for
4177. i9-r. %d. currency for guns and duffels, and for 69677. i is. -/d. currency for provisions
and necessaries both certified; Hugh Bryan's for 5 8 27. 1 5-r. %d. sterling; William Bellinger's
for 17387. us. $d. currency; William Clay's for 14137. ^s. currency; David Provoost's
for 1 1 27. i8j. lid. sterling. Send as particular accounts as you can of all other demands
in or for the colony to midsummer next.

Passengers by this ship are: John Venables; the ensign to the independent company,
his family, eight recruits and the wife of one of them; Elizabeth Brownfield going to
her brother; Robert Gilbert returning to his settlement; John Pye to be employed as
clerk in the store; two women servants for you which MacBean hired; four menservants
for the brickmakers at Frederica; a servant for Mr. Haselfoot. Samuel Lacy is to repay
you io7. advanced to his wife and 15 7. more for her passage and that of his son and
daughter by this ship. Mary Cooper has received io7. icxr. on account of the rent of her
house let to Mr. Parker, remit to her only what you receive more than this. Mrs. Lawley
sends a box for her son ; if he is dead it must be returned. Mr. Stanley is to repay you
67. 6.r. advanced to Mrs. Stanley the midwife. You are to enquire into the petition of
Jacob Lopes de Crasto [see No. 157] and report. Send over account of effects of William
Wise deceased.

Capt. Dymond brings over provisions in case you wanted them, which give him a
receipt for, specifying the qualities and quantities. Tell Theophilus Hetherington the
Trustees expect him to pay the money he owes John Murcott.

The Trustees being alarmed with reports of the Spaniards intending a descent on
Georgia, they desire you will be watchful and very careful to avoid the beginning of
hostilities and to prevent the Indians from giving offence by their inclinations of falling
on the Spaniards or Spanish Indians being in the least pursued, and that you would
send to Frederica and the southern settlements to have the same watchfulness and caution.
Defence is the business of the inhabitants of Georgia, and I hope a watchful guard and
keeping the Indians in a defensive manner only will, with the protection and good
providence of God, prevent any design on Georgia being carried into execution. Entry.
7 pp. [CO. 5, 667, fos. 9-1 id.]

165 Same to Thomas Causton. Last week a petition (copy enclosed) was

March 24. presented by Mrs. Watson to the King in Council relating to her

husband's confinement; to which the Trustees desire your particular

answer supported with such evidence as you have that can speak to it, which evidence

may be given by affidavits before the recorder. Lose no time in answering this petition

and be prudent in the manner of doing it. Entry. \p. [CO. 5, 66j,fo.

166 Same to Samuel Eveleigh. I have paid jio7. cxr. $d. to Mr. Baker on

March 24. the bill Mr. Oglethorpe sent you in May last for purchasing the guns
Georgia Office. j j /r i T i? 11 j /- j i_f

and duftels. 1 have lately received two certified accounts belonging to

you, one to balance the aforementioned account and the other for provisions and
necessaries. I have no reason to apprehend objection will be made to them; they shall
be the first account dispatched as soon as the present hurry of business is over. Entry.
\p. [CO. 5,667, fos. 13414.]

l68] AMERICA AND WEST INDIES 1737 87

167 Council of Trade and Plantations to Committee of Privy Council
March 24. enclosing draft of commission of review in the case of the dispute

between Connecticut and the Mohicans. We propose as commissioners
the governor and councillors of New York (or the governor and councillors of New
York for the time being) and the governor and assistants of Rhode Island (or the
governor and assistants of Rhode Island for the time being), these colonies not appearing
to us in any manner interested in the matters in dispute. We recommend so great a
number of commissioners from the greater probability that a quorum may attend and
we propose a quorum of five. Entry. Signatories, Fitzwalter, T. Pelham, O. Bridgeman,
A. Croft. 2 pp. [CO. 5, izc)4,pp. 99-101.]

168 Thomas Causton to Trustees for Georgia. Col. Bull arrived here 9th
March 24. i ns t. with Col. Barnwell and favoured us with his company three

days. As the continual alarms raised an uneasiness in these (as they
style themselves) gentlemen concerning a proper commander-in-chief, I took this
opportunity to ask Col. Bull (if occasion should happen to require) whether he re-
membered a former promise of his made to Mr. Oglethorpe to head the militia of this
place. He told me he was always ready to do what lay in his power to serve the colony
and that he came on purpose to see how we did : he was extremely well pleased with the
preparations we had made and the account I had given him of the people's vigilance,
particularly he says the fort is the best of the kind he ever saw, of which I have enclosed
Mr. Jones's draft.

On nth inst. Mr. Horton sent me per express dated 7th inst. two letters from the
governor of St. Augustine to him which I got translated here, copies enclosed; the
originals I returned with the translations the next day for him to answer. He further
advises that Capt. Ebenezer Wyatt who brought the letters and was going to Charleston
under the governor of St. Augustine's pass acquainted him that he had belonged to
Charleston 17 years and having sold his vessel to Capt. Dav[is*] at St. Augustine was
going to his wife and children, that provisions were very scarce at St. Augustine and
money much more so, that Don Ignatio the deputy-governor, Don Pedro captain of
horse, and Don Philip captain of dragoons were still in confinement, and that no advices
have come thither from Havana this three months past, and that they are very much
surprised at the payships not being arrived; and further that a friar with about 15 men
in company were lately going towards Appalachee and were met ([as is 1 ] supposed) by
some Indians, that the friar and some of the men and horses were killed and Don Juan
D'Castillio is sent out towards Appalachee with a party of men to find out how the
murder happened. He desires in same advices that as he might expect more messages on
this occasion I would send him an interpreter that he might the better expedite his
answers. I accordingly sent him Daniel Nunes. Mr. Horton by his letter dated nth inst.
advises that Capt. Gascoigne intends to write to the governor of St. Augustine to demand
three men who ran away from an English vessel some months past.

On 2ist inst. I received an express forwarded by Mr. Eveleigh containing the en-
closed letters, vizt. duplicate of letter from Henry Weltden dated at Havana 17 January
1737 (N.S.) and duplicate of letter from Anthony Weltden dated at Havana 6 February
1737, both which are the same which came to my hands, also letters from Col. Fen wick
and Mr. Samuel Eveleigh as per enclosed copies. I likewise enclose my answers to Col.
Fenwick and my letter to Col. Broughton on this occasion. And we are much astonished
here at the imprudence of the people of Charleston in discovering the authors of this

1 Edge of document torn.

88 STATE PAPERS COLONIAL [l68

intelligence from Havana by reason the man who brought the express left copies of
those enclosed letters at Port Royal and many people in this place knew the contents
the moment he landed. I immediately forwarded this express to Frederica by one of the
boats.

Mr. Spangenberg's people during this alarm being summoned to muster and desired
to assist at the fort came to me and told me of their fixed resolutions never to bear arms
(being absolutely against their principles in religion) of which they said they had in-
formed you before they came hither. I told them I was willing to believe what they said
and that I would take care they should not be compelled to it till your orders came. In
a few days after they delivered me the enclosed letter being the same which came to
my hands. My answer to this was a repetition of what I had said before and that it
would not become a magistrate of this place to approve of any of the inhabitants leaving
the colony without the Trustees being first acquainted therewith; but if any tumult
should happen or they had anything particular to complain of, as they were entitled to
the benefit of the law they might be sure of the magistrates' protection accordingly.
Since this they have again discovered a desire of leaving this colony but I have with
much difficulty prevailed upon them first to represent their case to you and on this
occasion urged to them that as to bearing arms they would be under the like incon-
veniences elsewhere ; and I was very certain that you would not fail performing anything
you had promised them. And in this particular they seemed to complain that their grants
were in the same general terms with others though they were promised particular
privileges and a separate government. I find they have an earnest desire to go to the
Indian nations and are afraid shall not be permitted.

I recommend to you William Ewen whom you sent to me as a servant for two years
by indenture which expired 26 December last. As I found him a sober and careful lad
I ordered him to be in your service in the public store in which I found him diligent
and faithful. He obtained of Mr. Oglethorpe a grant of 50 acres of land on Skidoway
Island, but as he thinks he is not under that grant consequently entitled to the same
allowances of provisions etc. as the first settlers of that place were and being willing to
give further demonstrations of his industry has desired me to represent this particular
to you hoping it may be granted him. In his two years service he has attended the store
at all hours, night and day, Sundays and other days, as occasion required, for which
extraordinary trouble he hopes you will make him some allowance. As the year was too
far spent to clear any land for him to plant this season he has agreed to continue in your
service at 50^. sterling per month.

The people are all in good health both here and at the southward. But meat and
butter are still scarce to come at. I believe I shall get no butter and can expect but little
meat till the New York vessel arrives which I advised you I expected the beginning of
next month. Signed, 2 pp. [C.O. 5, 639, fo. 229, 229^.] Enclosed,

168. i. 17 March 1737, Charleston. John Fenwicke to Thomas Causton. The
lieut.-governor being out of town, a packet is come to my hands from Providence
with two letters to Mr. Oglethorpe. Mr. Eveleigh has undertaken to forward them
to Port Royal for you which I send enclosed: a day or two lost may be of ill con-
sequence. There are several affidavits sent from Providence with many circumstances
confirming the preparations making by the Spaniards at Havana. The schooner not
sailing well is discharged but a sloop is now going out to cruise in her room, which
has orders to give the same signals as the schooner to your settlements on the sea-
coast and frequently to touch at Frederica and so to return to her cruise towards St.
Augustine. If any ready opportunity offers to send to the Creeks it would be of great
service to advise our agent there of this news in order that the Creeks may be made

l68] AMERICA AND WEST INDIES 1737 89

as useful as may be to intercept the land forces which it is believed will march from
St. Augustine. Copy. \ p. [CO. 5, 639, fo. 225.]

1 68. ii. 6 February 1737, Havana; Anthony Weltden to James Oglethorpe. Copy,
of No. 92 ii. 2 pp.

1 68. iii. 17 January 1737 (N.S.), Havana. Henry Weltden to James Oglethorpe.
Copy, of No. 92 iii. 2 pp. [CO. 5, 639, /w. 213-216^.]

1 68. iv. 1 8 March 1737, Charleston. Samuel Eveleigh to Thomas Causton.
Yesterday after dinner arrived a sloop from Providence, Capt. Jennings master, who
brought in a large packet to our governor which in his absence Col. Fenwicke
opened; and in it were two letters from Anthony and Henry Weltden directed to
Mr. Oglethorpe, the former of whom is the principal factor at Havana for the South
Sea Company, which letters Col. Fenwicke has enclosed to you. In said packets came
several affidavits taken at Providence by Governor Fitzwilliam from prisoners
brought thither from Havana who all confirm what is written by said Weltdens and
that the Triumph, a man-of-war of 24 guns, and the two sloops would be ready to
sail by the latter end of February or the beginning of March so that probably they
may pay you a visit in a short time. It is here generally believed that a body of
Spaniards will march from St. Augustine by land in order to attack your colony for
which reason I think it advisable that you immediately send out some Indians to
make a discovery towards St. Juan's river and if you find that they are on the march
that you immediately send a messenger up to the Creek nation to our agent Mr.
Childermas Crofts to whom instructions are sent to join with your agent and get as
many traders, packhorse men and Indians as they can and come down upon the back
of them. He has orders for this end to spare no pains nor cost and to prosecute this
affair with the utmost vigour, but so it happens that the Savannah and other rivers
have been of late extremely high so that the express was still at Savannah town about
1 6 days since; but as those rivers soon fall at this time of the year so hope they may
by this time be gone, though there has fallen here a great deal of rain since.

The schooner or galley lately in the employ of this government being found
improper for our service, they have got a small fine-sailing sloop, Capt. John Watson
commander, who I believe will sail this day. He is to go directly to St. Augustine
and if he sees any vessels he is then to go to Frederica and make the signals formerly
appointed, from thence to Tybee, Port Royal and here. But if he sees nothing, he
is to sail between Frederica and St. Augustine for a fortnight or three weeks. It is
my opinion that (if you have certain accounts of the enemy's coming) you not only
send up to the Creeks but up to the Uchis 1 and Savannah town to bring down what
Indians and white people can be spared from thence and that they be joined with as
many of your people as you can conveniently spare and attack the Spaniards in the
woods and take the advantage of swamps and thickets, for it is observable that the
Indians fight best when headed by the white people.

I shall send copies of the Weltden letters to Mr. Oglethorpe; the originals from
Providence, though but duplicates, are for you. I must remark that Jack Savy is
arrived to a greater pitch of honour than ever he was before or ever will again; and
if he is to have the chief conduct of this engagement I think you need not be under
any great apprehensions of the consequence, for though he is a man well stocked with
impudence yet it is reported that he is one of very little courage or conduct, and it
is here admired how he came to have admittance to the Queen Dowager or to Don
Patino. I have met with a great deal of trouble in getting you a canoe and to carry

'MS. 'Euchees'.

90 STATE PAPERS COLONIAL [169

you the advice, and at last was forced to let two of my own negroes go, otherwise
should have been disappointed. Copy, i p. [CO. 5, 639, fo. 227.]

168. v. 26 February 1737, St. Augustine. Governor of St. Augustine to [William
Horton]. Mr. Calvy desires to know whether Don Carlos Dempsey left to your care
the several charges that he had with him from me. I likewise desire to know how he
does, and that by the first opportunity you would send me three or four carts and
horses to St. John's where the officer will have order to receive them and pay. If
possible please send me two barrels of red French wine and 1500 or 2000 boards
between i inch and 2 and 3 inches thick. Translation. \ p.

1 68. vi. 8 March 1737, St. Augustine. Same to [same]. I wondered to see English
vessels cruising upon our coasts after articles of friendship agreed on and concluded
between your province and our's by Mr. Oglethorpe and myself. I should be glad
to know if there has been anything done in this province or in any of the coasts to
occasion this alteration, for I know of none here but to desire a good correspondence.
Translation. \p. [C.O. 5, 639, fo. 220.]

1 68. vii. 21 February 1737, Savannah. Moravian settlers in Georgia to Thomas
Causton. Mr. Spangenberg while here was very sensible of your kindness, as are we.
This gives us assurance to mention the following particulars, why we came to this
country and why we do not go to war. As to the first we were asked in London
whether we were not papists. We answered we were not, as might plainly appear
from the persecutions we had met with from the papists even to bonds and imprison-
ments and that some of us they had obliged to seal their faith with their blood.
When we were further asked why we desired to go into Georgia we answered
because we were informed that liberty of conscience, which we had long wished and
sought for, was there allowed to all Protestants. And when we first mentioned our
going to Mr. Oglethorpe we told him it was our principle not to bear arms; with
this he said he was content. Otherwise we should not have thought of pursuing our
design any further. It is our principle likewise to be chargeable to no man, to eat
our own bread (as we have done in this place until now), and to live peaceably with
all men as we have always endeavoured to do, having never willingly wronged or
offended any. As to the second, when we were lately asked why we do not bear
arms you may please to remember we gave two answers: i. That we were not free-
holders. 2. That it being a thing against our conscience, we cannot, dare not, will
not do it. Indeed as we do not apprehend this to be the first or the chief point of
Christianity we do not strive to bring over others to our persuasion but leave every
man to his own opinion, and this is the liberty we desire for ourselves. But if this
cannot be allowed us, if our remaining here be burdensome to the people as we
already perceive it begins to be, we are willing by the approbation of the magistrate
to remove from this place. By this means any tumult that might ensue on our account
will be avoided and occasion of offence cut off from those who now reproach us
that they are obliged to fight for us. Signed, The Germans. 2 pp. [CO. 5, 659, fos.
195-196^.]

169 Lieut.-Governor Thomas Broughton to Duke of Newcastle. The

Match 24. governor of the Bahamas having transmitted to me the several en-
closed letters and affidavits I thought it my duty to send them by the
first opportunity to you apprehending the advices they contain to be of great impor-
tance to H.M.'s service and the safety of his dominions in America. The governor in
his letter to me which accompanied the said papers complains heavily of me, accusing

AMERICA AND WEST INDIES 1737 9!

me that I refuse one Capt. Petty's shipping a few barrels of flour for him which he terms
very ill treatment. But was it fact that I had made such a refusal, I think I might have
been justified for so doing, an Act of this province being passed on occasion of the
Spaniards' preparations at Havana which strictly prohibits the exportation of all sorts
of provisions out of this province to any parts, Georgia excepted ; besides, the alarm of
the Spaniards' intended descent has made all kind of provisions excessively dear and
scarce and we have not any flour here but what is brought us from the British northern
colonies. However, I can assure you that no application was made to me by any person
whatever for any flour and consequently could give no refusal.

Mr. Fitzwilliam likewise complains of my refusing some time ago to lend him 100
smallarms for five or six months. As soon as I received his letter I ordered the armourer
to give me an account of what smallarms he had in his custody, which account was laid
before and perused by the council who were of opinion there was not a number
sufficient for the service of this province and that it would not be prudent to part with
any of them, especially at that time when we had been obliged to spare a considerable
number to distant new settlers and had good grounds to apprehend a rupture with the
Cherokee Indians who are a numerous people. I enclose a packet from him; as I presume
he may have hinted something of this in his letter to you, I hope you will give some
attention to what I have here said in my justification and doubt not but you will be of
opinion that to leave this province bare of arms in the then circumstances in order to
assist any other of H.M.'s colonies who did not labour under the same difficulties would
have been a breach of my duty and a betraying the trust reposed in me. Signed. 3 small pp.
Endorsed, Reed. 7 June. Enclosed,

169. i. Havana, 17 January 1737 (N.S.); Henry Weltden to James Oglethorpe.
Copy, of No. 92 iii. i| small pp.

169. ii. Havana, 6 February 1737 (N.S.); Anthony Weltden to James Oglethorpe.
Copy, of No. 92 ii. i| small pp.

169. iii. Affidavit of Thomas Lynch. Copy, of No. 92 iv. i p.

169. iv. Affidavit of John Darkins. Copy, of No. 92 v. i^pp>

169. v. Affidavit of Jacob Phenix. Copy, of No. 92 vi. i p.

169. vi. Affidavit of James Wilson. Copy, of No. 92 vii. i p.

169. vii. Affidavit of John Salter. Copy, of No. 92 viii. i p.

169. viii. Havana, 6 February 1737 (N.S.); Anthony Weltden to Governor Richard
Fitzwilliam. Copy, of No. 92 i. i| small pp. [CO. 5, 388,/o.r. 147-158^.]

170 Lieut.-Governor John Pitt to Duke of Newcastle transmitting papers

March 25. mentioned in No. 171. Finding myself very much decayed I took the

liberty of writing to you 6th November last desiring you to intercede

with H.M. for leave to return home. I now entreat you to procure the same. Signed, i p.

[CO. 37, 29, fo. 73.]

171 Same to Charles Delafaye transmitting journals of assembly with two

March 25. Acts, vizt. for attaching the goods of persons not residing upon these

islands, and for renewing an Act for the better regulating slaves;

which I desire you will lay before the Duke of Newcastle. I wrote to him 6th November

and jth January last desiring him to intercede for my leave to return home, which

request I hope is granted; if not, I desire you will speak to him for me. Signed, i small/*.

Endorsed, Reed. 10 May. [CO. 37, 29, /AT. 71-72^.]

92 STATE PAPERS COLONIAL [iJZ

172 Same to Council of Trade and Plantations, transmitting lists of ships
March 25. cleared and entered in Naval office from 28 December 1729 to 25
Bermuda. March 1737; journals of council and assembly; treasurer's accounts;

an Act for renewing an Act for the further and better regulating negroes and other
slaves and for the more effectual and speedy way of prosecuting them in criminal causes,
and an Act for attaching the goods of any persons not residing upon these islands ; as
also the powder money accounts. I have nothing extraordinary to acquaint you with in
relation to the island, nothing having yet been fixed upon for the encouragement of the
inhabitants either to make or grow to engage our neighbours to trade with us and to
make returns in some beneficial commodity to our mother country, although I have
frequently pressed the council and assembly; but as yet can find no effect of all my
persuasions, only from time to time they desire to consider of it. Finding myself very
much decayed, I wrote to you 6th November last via Virginia desiring you to join the
Duke of Newcastle in interceding with H.M. for leave to return home. Signed, i p.
Endorsed, Reed. 7 May, Read 10 May 1737. Enclosed,

172. i. Account of powder money, 1732-35. Receipts, ij5/. 43. id. Signed, 23

August 1735, Richard Tucker. Same account for September-November 1735.

Receipts, 4!. 6s. Audited, 22 June 1736, Nathaniel Butterfield, Leonard White, Robert

Dinwiddie. Certified, by John Pitt. Seal. 32 pp.

172. ii. Account of duty on liquor, 1734-35. Receipts, 45 5/. ios. $d. Signed,

13 November 1735, Nathaniel Butterfield. Audited, 13 November, 1735, Francis

Jones, John Butterfield, Robert Dinwiddie. Passed the council, 13 November 1735,

John Pitt, Andrew Auchinleck, Francis Jones, John Butterfield, Leonard White,

Robert Dinwiddie. Certified, by John Pitt. Seal. 8 pp.

ijz. iii. Account of powder money, 1735-36. Receipts, i8/. 8j-. Signed, 21 June

1736, George Tucker, secretary. Audited, 22 June 1736, as No. i. Passed the council,

22 June 1736, as No. ii. Certified, by John Pitt. Seal. 6pp. Endorsed, Reed. 7 May 1737.

[CO. 37, iz,fos. 203-23 id.]

173 Same to Alured Popple. Besides the papers sent to Council of Trade
March 25. an d Plantations, I would have sent the accounts of receipts and pay-
ments of public money; but Richard Tucker, the deputy-secretary,

dying has occasioned the delay. I hope my letters to you of 6 November and 5 January
are arrived and that you have put their lordships in mind for my leave to return home.
Signed, i p. Endorsed, Reed. 7 May, Read 10 May 1737. [C.O. 37, iz,fos. 232, 232^, 235,

174 Alured Popple to Attorney-General Dudley Ryder. The Council of
March 2 j. Trade and Plantations desire you will reconsider the blank left in the

draft commission of review in the dispute between Connecticut and
the Mohicans to be filled up with the name of that person without whom no meeting
can be held. They think making any one person essentially necessary will retard the good
effects of the commission. Your opinion is also desired whether it is necessary that the
governor and councillors be named or whether the words 'Governor and Councillors
of Rhode Island for the time being' after the governor and councillors of New York
are named will give them the same power as if particularly named. Entry, z pp. [C.O. 5 ,
1294, pp. 101-103.]

175 President John Hamilton to Alured Popple acknowledging letter of
22 October last. I desired the gentlemen my lords commissioners re-
commended to H.M. for councillors in this province to take the proper

methods to get their warrants, which they would sooner have done but this was the first

l8o] AMERICA AND WEST INDIES 1737 93

certain account they had of being recommended. You will see by my letter to my lords
of 22 November last and minutes of council transmitted at the same time the steps Mr.
Morris took to disturb the peace of this government; and though he lives in the govern-
ment of New York he still continues to do so as far as in him lies by privately fixing up
proclamations for adjourning the assembly, one of which is enclosed. But as he is
universally disliked by all sorts of people here his endeavours prove vain and we are at
perfect quiet. I send the case stated betwixt Mr. Morris and myself to lay before their
lordships who, I hope, will believe I have done the utmost to discharge my duty. Signed.
2 small/)/?. Endorsed, Reed. 7 June, Read 22 June 1737. Enclosed,

175. i. Reasons why Mr. Hamilton is rightfully entitled to the government of New
Jersey notwithstanding the claim of Mr. Morris. The substance of Mr. Hamilton's
case is that Mr. Morris had disqualified himself as a councillor of New Jersey by
absence without leave from the governor from October 1734 to October 1736 and
at the time of Governor Cosby's death on 10 March 173 5/6 and President Anderson's
death on 28 March 1736 Mr. Morris was in England. 3 pp.

175. ii. Hackensack, Bergen county, 8 February 1736/7. Proclamation by President
Lewis Morris adjourning the assembly of New Jersey to 26 April 1737. Signed. Seal,
i p. [CO. 5, 973, fos. 101-105^.]

176 Same to Duke of Newcastle. [In substance the same complaints against
March 25. Lewis Morris as in No. 175.] Signed, z small pp. Endorsed, Reed. 4 June.

^^y- Enclosed,

176. i. Copy of No. 175 i. [CO. 5, 983, fos. 79-82^.]

177 John Hossack to Harman Verelst. Yours of 26th past was delivered
March 25. me by Archibald MacBean: he hopes to recruit servants successfully

for the colony of Georgia. Gratitude has engaged all this country to
express their regard to Mr. Oglethorpe for the noted favours he was pleased to do their
friends. I will afford the necessary credit to MacBean. Signed, i p. [CO. 5, 639, fos.

I24-I25*/.]

178 [? Archibald MacBean] to Harman Verelst. I have begun to recruit
March 26. servants for the Trustees. It is necessary you should make remittances

to Provost Hossack for the money requisite for that purpose. Unsigned.
\p.[C.O. 5, 639, /w. i2 7 -i28</.]

179 Archibald MacBean to James Oglethorpe. I have written to Mr.
March 26. Farrell and Mr. Thomson of my success in the Trustees' affairs : I

meet with all imaginable encouragement from Provost Hossack in
levying servants, i p. [CO. 5, 6^, fos. 130-131^.]

180 William Jefferis to Messrs. Samuel and William Baker. On 14 February
March 26. an express from South Carolina reached Cape Fear to the effect that

14 sail of men-of-war were designed from Havana against Georgia.
An embargo was laid on shipping at North and South Carolina. Requests were sent to
Virginia etc. for men-of-war to join those at Carolina. Copy, i p. [CO. j, 639, fo. 122;
another copy in CO. 5, 654, fos. 99-100^, endorsed, Reed, from Trustees for Georgia,
4 April.]

94 STATE PAPERS COLONIAL fl8l

181 Alured Popple to Sir William Yonge, Secretary at War, enclosing for

March 26. information an extract of a letter from President Gregory of Jamaica
Whitehall. dated 10 December 1736 relating to the state of the independent
companies there. Entry, i p. [CO. 138, i8,/>. 101.]

182 Declaration by John, Thomas (by power of attorney to John and

March 28. Richard) and Richard Penn that the royal approbation of George
Thomas as deputy governor of Pennsylvania and the three Lower Counties shall not in
any way diminish the right claimed by the Crown to those counties. Signed, John Penn,
Richard Penn. Seals. Witnessed, Ferdinand John Paris, John Drake. \ p. Endorsed, Reed.,
Read 5 April 1737. [CO. 5, iz6S,fos. 274, 274^, 277, 277^.]

183 Eleazar Allen to Council of Trade and Plantations. As receiver-general

March 29. of H.M.'s quitrents for this province, I think it my duty to lay before
Cape ear iver. y Qu an account o f ^ man y difficulties and obstructions I have met
with in my collection, from which I am but lately returned, more especially from the
inhabitants of Albemarle County, the most numerous in the province and from whom
the largest sums are due. You are no doubt perfectly acquainted with the tenures under
which the people of that county hold their lands and the indulgence given them by the
governor in council by rating their paper currency at no more than at seven for one
sterling (for want of gold and silver), and allowing their arrears of quitrents to be paid
at that rate although it was notorious that a much larger proportion of paper would
not purchase the sterling either in specie or in any of the saleable commodities of the
country. And indeed the people seemed so sensible of this favour that in my last year's
collections, which were for the whole arrears due since H.M.'s purchase, I found very
little opposition but from some few who had been too deeply concerned in former'
irregularities not to hope that they would be overlooked among other confusions of
their own raising. It was then my good fortune to procure a considerable rent roll and
receive as large a sum of money as could be expected considering the situation of affairs
at that time.

From whence I thought I might reasonably conclude a proportionable success in the
annual receipt. Instead of which I have met with the greatest opposition under various
pretences : first, that the quitrents are sought to be payable at their several and respective
dwellings in the commodities of the country; secondly, that the taking seven for one
sterling is illegal and expressly contrary to a law passed 27 November 1729, entitled an
Act for making and emitting the sum of 4o,ooo/., in which law the assembly pretend to
settle the value of the paper currency by adjusting it every zos. paper to be equal to
1 5 dwt. of silver as current in Virginia, which is in proportion as four to one, and from
thence deduce the exchange of five for one sterling at which rate they insist the quit-
rents ought to be paid, although it is known throughout the province that zos. sterling
is worth io/. in the paper currency, and so I have seen it sold at the place of the receipt
of the quitrents in Bertie Precinct in Albemarle County; thirdly, that the quitrents
throughout the province are payable in proclamation money by an instruction to the
governor relating to the remission of the arrears of quitrents, to which I beg leave to
refer you. From whence they would conclude that the quitrents of Albemarle County,
which by their grand deed in 1668 are payable at zs. sterling per 100 acres, should now
be reduced to zs. proclamation, and that too payable in paper money at such rates as
they shall please to affix - an absurdity too glaring to require any answer.

183] AMERICA AND WEST INDIES 1737 95

I shall not presume to make any further animadversions on these points but leave
them to your consideration. Only thus much I would observe : that the bulk of the people
are well inclined, but their understandings are imposed upon by a few designing men of
which Mr. Moseley, a member of the council (and who for these two years has refused
to pay his quitrents) is I apprehend the chief. This gentleman has been deeply concerned
in the disposal of the blank patents so detrimental to the revenue of the Crown which
are now under your consideration ; and I hope I shall not be accused of doing any in-
justice to his character if I say that all the difficulties and obstructions which have
attended the several collections of the quitrents, especially the last, are entirely owing
to that gentleman and his friends who leave no stone unturned to perplex the govern-
ment and render the quitrents of as little service to the Crown as possible. You will
pardon me if I enlarge and mention one instance of this gentleman's conduct (among
others of the late Lords Proprietors' officers) while he was their surveyor-general and
one of their council. It was usual with them, when the blank patents began to grow too
numerous to be disposed of in Bath County at the exorbitant rates they were originally
sold at, to endeavour to find out a new market and lower the prices. To this intent they
offered them to several persons in Albemarle County, who already held lands from the
Lords Proprietors by grants at zs. sterling per 100 acres, for a smaller consideration
(though sufficient to render them considerable gainers thereby). Some were so weak as
to purchase them for the sake of an easier quitrent, and who have refused to pay at any
other rate than by their last patents. Many of these I have met with in the course of my
collection, and some of Mr. Moseley's disposal. These were among those called pur-
chased patents purchased by connivance of the officers then in trust from the Lords
Proprietors by them and them only at 2O/. per 1000 acres paper currency, and received
in payment of their several and respective salaries as they became due. So that by this
management, their lordships (and consequently the Crown) have made an exchange of
an annual revenue of 15^. sterling for ever out of every 1000 acres so disposed of for
the trifling consideration of about 3/. los. sterling paid to their officers and accounted
for as they thought proper.

The enclosed paper is what I took from the public place of receipt in Bertie Precinct,
signed by three of the then members of the assembly, which I conceive will sufficiently
demonstrate the terms they would pay their quitrents at. The contagion is too far spread
for me to remedy it by exerting myself in my office. I therefore submit to your judgment
whether H.M.'s quitrents should not be paid at certain places throughout the province
and (for want of silver or gold) in the paper currency at such a rate as will equal the
sterling value. Signed. 4 pp. Endorsed, Reed. 10 August, Read 7 September 1737.
Enclosed,

183. i. Declaration of Benjamin Hill, John Dawson and James Pastellaw, repre-
sentatives of Bertie Precinct; n February 1736/7. Being summoned this day at the
court-house to pay H.M.'s rents due by us for lands held in this precinct, and lest any
unadvised people should misconstrue our words or actions as though we were un-
willing to pay what rents we justly owe H.M., to remove such an objection if any
should be made, we in a public manner declare that we always were and are ready
to pay what rents we justly owe according to the covenant and agreement made
between the late Lords Proprietors and the inhabitants of the County of Albemarle
according to the tenour of our patents, the laws of this colony, and the constant
practice of near 70 years standing, which always was, and as we conceive ought to
be, paid and received in the commodities of the country at our respective houses. We
are also well satisfied that the opinion of the late assembly was that all other demands
whatsoever were illegal. Signed, i small p. [CO. 5, i<)),fos. 92-95^.]

96 STATE PAPERS COLONIAL [184

184 Captain Charles Windham to [Benjamin Martyn 1 ]. I greatly esteem the

March 29. Trustees for Georgia taking notice of any small service I may be of
ose, . arc na. tQ ^^ CQ i[ on y an{ j assure them as I take it to be my duty to protect
any of the King's subjects when I have opportunity I shall be par-
ticularly mindful to assist Georgia; and as reports confirming one another come of the
Spaniards' designs I have sent to desire Capt. Norris to come to this port and also orders
to Capt. Compton at Virginia to make all the dispatch possible to join me. I sail in 48
hours and intend to go with Capt. Symonds who is now with me either into where
Capt. Gascoigne lies or as near as we can safely lie to it. I believe Capt. Compton will be
here in a week where orders will be left to direct him to join me off Georgia. Signed.
z small pp. [CO. 5, 639, fo. 235, 235^.]

185 Council of Trade and Plantations to Duke of Newcastle, enclosing the

March 29. following. Signed, Fitzwalter, T. Pelham, Arthur Croft, M. Bladen,
Whitehall. T TI ,. T-* ; j

R. Plumer. 2 pp. Enclosed,

185.1. Address of Assembly of Antigua to Governor Mathew, i February 1736/7,
approving his conduct in passing an Act to prevent trade between British and French
in Montserrat. Can a British spirit see the flagrant and repeated depredations that
are committed by the French on the subjects of our gracious Sovereign, and not be
fired with the same just resentment that inspired your breast and induced you to act
as you have done in order to support the honour of your master and to get justice
done to his subjects ? Can the same spirit endure to see the French violating treaties
and setting up edicts of their King in opposition to what was before sacredly
stipulated with the crown of Great Britain? Can anyone who wishes well to our
King and country endure to see the French supplied by those of our own nation
with materials that must aggrandize them and ruin the British sugar-colonies ? No,
sir; these are indignities and mischiefs that require resentment and redress. Copy.
Signatory, Thomas Kerby, Speaker. 2 \ pp.

185. ii. Address of Council of Antigua to the same, 5 February 1736/7. [To same
effect as preceding.] Copy. Signatories, Edward Byam, Vallentine Morris, Nathaniel
Crump, John Vernon, Josiah Martin, Charles Dunbar. 3 pp.

185. iii. Extract of letter from President Gregory of Jamaica to Council of Trade
and Plantations; Jamaica, 28 December 1736. Governor Mathew has lately seized
some French vessels on pretence of their being within a certain distance of his coasts,
prohibited by some treaty. The French have made reprisals, particularly on a Guinea-
man bound for Jamaica, consigned to Messrs. Hume and Hamilton; and very lately
a French man-of-war attacked two ships homeward bound from this island as they
were watering in Donna Maria Bay. These two ships were saved by Capt. Bridge of
H.M.S. Antelope. I am informed Commodore Dent intends to sail in a few days to
demand satisfaction for this insult: I shall write by him to the French governor. I
hope some speedy stop may be put to this affair, which otherwise may not only
prove fatal to the trade in these parts but likewise may in its consequences affect all
Europe. Copy. i\pp.

185. iv. Extract of Governor Mathew's letter to Council of Trade and Plantations,
5 February 1736/7, reporting increases in the number of French on St. Lucia,
Dominica and St. Vincent. Copy, of part of No. 55. \p. [CO. 152, 40, fos. 289-299^;
entry of covering letter in CO. 153, i6,fos. 49^, 50.]

1 See No. 14.

189] AMERICA AND WEST INDIES 1737 97

186 Council of Trade and Plantations to Duke of Newcastle, enclosing
March 30. copies of a letter and papers relating to Spanish designs against H.M.'s

colonies received from Lieut.-Governor Broughton. Signed, Fitzwalter,
Orlando Bridgeman, Arthur Croft, R. Plumer. | p. Enclosed,
1 86. i. Copy of No. 571, above.

1 86. ii. Copy of No. 57 ii, above. [CO. 5, $%4,fos. z-Sd; entry of covering letter
in CO. 5, 401, p. 208.]

187 Minutes of Common Council of Georgia. Referred to committee of
March 30. accounts the following : account of guns and duffels bought by Samuel

Eveleigh the balance whereof is 567. 9^. Sd.; account of provisions and
necessaries bought by the same the balance whereof is 94i/. us. $d. Ordered, that the
skins be sold at zs. yd. per Ib. weight. Resolved, that the person who recovered and
brought to the Trustees a survey of the coast of Georgia taken at their expense but had
been secreted from them have 5 guineas for his trouble. Read, a letter from Daniel
M'Lachlan containing a plan for carrying over a considerable number of Highlanders
to Georgia. Resolved, that the same be postponed for further consideration. Read, a
proposal from Mr. Zouberbuhler for carrying over 50 families not exceeding 150 persons
from Switzerland to Georgia; referred the same to committee of correspondence.
Resolved, that z^l. be paid to Rev. Charles Wesley for officiating as missionary in Georgia.
Resolved, that the Attorney-General be retained on Mrs. Watson's petition. Resolved,
that upon all occasions where the Trust may be engaged in law affairs the Attorney-
and Solicitor-General be retained. Resolved, that S. Hurst be employed as a clerk to the
storekeeper in Georgia upon the same terms as John Pye. z pp. [CO. 5, 690, pp. 60-61.]

188 Minutes of meeting of Trustees for Georgia. Received, receipt from
March 30. the bank for 3oo/. paid in by the accountant being so much received

by him for rice sold for the Trust, which with a note for zoo/, payable
by William Sands 29 April next and 333/. i^-f. received by the accountant before and
24/. i2j. 6d. received more, makes 8j8/. 6s. 6d. for 1127 cwt. 10 Ibs. of rice at i$s. per
cwt. in 257 barrels sold to John Duffield and 16 cwt. i qr. 3 Ibs. of rice at i6s. per cwt.
in four barrels to John Woodbridge, the remaining five barrels of rice imported from
the Two Brothers being emptied by dirt in garbling and by damage. Received, receipt
from the bank for 5 o/. the benefaction of a gentlewoman by the hands of Mr. Whitefield
for the religious uses of Georgia. Received, the same for io/. the benefaction of the
Bishop of Gloucester by the hands of Mr. Whitefield for the same uses.

Sir William Des Bouverie, Bart., deceased, having left 5oo/. for the redemption of
captives taken by pirates of Barbary, and Sir Edward Des Bouverie, Bart., deceased,
having left a further 5oo/. for the same purpose, and it appearing that there are no slaves
in Barbary, Sir Jacob Des Bouverie, Bart, has given these several sums to the Trustees
for providing foreign and other servants for the benefit of Georgia. The receipt for
iooo/. was sealed, secretary to countersign it, and the thanks of the Trustees given to
Sir Jacob Des Bouverie. 3 pp. [CO. 5, 6Sj,pp. 5-7.]

189 Lachlan M'Lachlan and Donald Cameron to Trustees for Georgia.
[March 3O. 1 ] W e , in the name and by the direction of several considerable families

in the highknds of Scotland who by the good encouragement their countrymen meet
with in Georgia are inclinable to be of the number, beg the board will consider and
answer in writing what encouragement each particular rank of men may depend upon;

1 Georgia Records, ii, 187.
7 XLIII

98 STATE PAPERS COLONIAL [190

for nothing less will satisfy them. They are not only consider? ble but pretty numerous
that are entered into an association to go if they like the proposals. Signed, i small p.
[CO. 5, 639,/0. 133,

190 Attorney-General to Council of Trade and Plantations. Mr. Popple's

March 30. letter of 2 5th inst. sets forth that you found in the draft commission
of review in the dispute between Connecticut and the Mohicans I had left a blank to be
filled up (as in the old commission) with the name of that person without whom no
quorum can be held, and that as you propose the governor and council of New York
and governor and council of Rhode Island to be the present commissioners the making
one person essential may retard the good effects of the commission. I am therefore
directed to reconsider the matter. Mr. Popple also sets forth that as the governor and
councillors of Rhode Island are annually elected my opinion is desired whether they
should be named in the commission.

I agree that it will be more convenient not to make the presence of any one person
necessary to constitute a quorum. I am of opinion that it is not necessary for the governor
and councillors to be named. But as the governor and councillors of New York are
certain it is advisable they should be named: those of Rhode Island for the time being
will be entitled to the same powers as if they were named. Signed, D. Ryder. 2 pp.
Endorsed, Reed. 30 March, Read 31 March 1737. Enclosed,

190. i. Commission to George Clarke, lieut-governor of New York, and Francis
Harrison, Cadwallader Golden, Abraham Vanhorn, Philip Livingston, Archibald
Kennedy, James De Lancey, Philip Courtland, Henry Lane, Daniel Horsmanden,
councillors of New York, and to the governor and council of the said province for
the time being; and to the governor and assistants of Rhode Island for the time being;
to examine, review, finally decide and determine the dispute between Connecticut
and the Mohicans. Draft. -j\ pp. [CO. 5, iz6S,fos. 260-269^.]

191 John Wesley to Trustees for Georgia. Robert Hows, a freeholder of

March 31. this place, has officiated here as parish-clerk not only ever since I
came but, as I am informed, for above two years before. He constantly
attends both the morning and evening service (a little before sunrise and after sunset)
on other days as well as Sundays and is in the whole of his behaviour a sober industrious
man. But sickness in his family had reduced him to straitness of circumstances even
before 24th inst. on which while he was employed in the public work his house was
burnt to the ground and all that was in it (except two saws) consumed. I take the liberty
to recommend him to your favour and assistance, as to the manner of which (whether
by way of salary or otherwise) you are the proper judges. I recommend you and all your
labours to Him in whose steps you tread, the great helper of the friendless. Signed, i p.
[CO. 5, 639, fos. 241-242.]

192 Order of King in Council approving draft of commission prepared by

March 31. H.M.'s Attorney- and Solicitor-General for settling the boundaries

James s. between Massachusetts and New Hampshire; Duke of Newcastle to
prepare warrant to pass the same under the great seal. Copy, certified by James Vernon.
i p. Endorsed, Reed. 16 May, Read 24 May 1737. [CO. 5, 879, fos. 150, ijc*/, 153, 153^;
warrant in CO. 324, 37, pp. 43-8; another entry in CO. 324, 50, pp. 177-182.]

197] AMERICA AND WEST INDIES 1737 99

193 Order of King in Council, on report from Committee for Plantation
March 31. Affairs, disallowing an Act passed in Barbados 6 February 1735/6

s s ' entitled an Act concerning the surveying of land. Copy, certified by
James Vernon. 2 pp. Endorsed, Reed. 16 May, Read 24 May 1737. [C.O. 28, 24,fos. HI,
znd y 214, 214^.]

194 Francis Fane to Council of Trade and Plantations. By an Act passed
April i. in Carolina in the time of the Lords Proprietors relating to biennial

and other assemblies and regulating elections and members, I observe that there is a
power given to the assembly of this colony to meet without the consent of the Crown.
The charter to the Lords Proprietors does not warrant this proceeding. The power of
calling of parliaments is admitted to be an inherent privilege in the Crown, and I believe
this is the first instance that such an attempt has been made to deprive the Crown of it.
I think you should show your disapprobation of a law which in so high a degree en-
croaches upon the prerogative of the Crown. But I must observe to you, if the facts
are true which are stated in the memorial of Mr. Smyth the Chief Justice, I think it
cannot be considered as an Act in force, not having received a due confirmation agree-
able to the rules settled by the Lords Proprietors themselves. Signed, i J pp. Endorsed,
Reed. 7 April, Read 19 April 1737. [C.O. 5, }6j,fos. 202-203^.]

195 Minutes of meeting of Trustees for Georgia. Received, receipt from
P i Apri r 1 ' ^ bank for iooo/. paid in by Sir Jacob Des Bouverie at the last

board for providing servants for Georgia. Read, letter from Lieut.-
Governor Thomas Broughton of 7 February 1736/7. [See No. 59.] Read, letter from
William Jefferis of 26 March 1737. [See No. 180.] Resolved, that copies of the said letters
be immediately laid before the Duke of Newcastle and that Lord Tyrconnel, Mr. Ogle-
thorpe, Mr. White and Thomas Archer be desired to deliver the same. Resolved, that
the following laws be prepared for Georgia, vizt. for the taking of Indian evidence; for
regulating credit and suing for debts; for regulating the watch and the militia; against
the use of gold and silver in apparel and furniture in Georgia and for preventing extrava-
gance and luxury ; to oblige ships clearing out of the Savannah and Altamaha to pay
i Ib. of pistol powder per ton for port duty. Mr. Holland, Thomas Tower, Mr. Eyre,
Henry Archer and any other of the Trustees who will attend to be a committee for
preparing the same. zpp. [C.O. 5, 68j,pp. 8-9; abstract of minute relating to Broughton's
letter in C.O. 5, 654, fos. 91-92^.]

196 Minutes of Common Council of Georgia. A representation of James

April i. Oglethorpe in favour of Hugh Mackay, setting forth his many services
Palace Court. . Q . A j > j c * /~ > u i j u

at St. Andrew s and St. George s, being considered; resolved, that

the thanks of the Trustees and ioo/. be given to Mr. Mackay. 3^ pp. [C.O. 5, 690, pp.
62-65.]

197 Memorial of George Thomas and others to Council of Trade and
April i. Plantations, concerning the proposals of the Court of France on trade

in America. The edict of 1727 was an infraction of the treaty of 1686 and the justice of
that edict does not seem to have been made out. We apprehend the French Court desires
to prevent all illicit trade, which in our opinion will be beneficial to both nations. The
means proposed is that all vessels coming within a league of the shores of the other
nation shall be seized with the exception that French and English ships returning to
Europe shall not be seized. We apprehend this exception is not extensive enough : ships

iOO STATE PAPERS COLONIAL [198

bound from Europe and from or to Africa should be included in it. We propose to add
'or three English miles' after the word 'league'; and the substitution of 'sailing' for
'cruising'. The wording of the articles have material differences: they ought to be
reciprocal.

The next article proposes the seizure of ships from New England and the English
islands in America for coming within a league of French shores, the nature of their
loading to be a proof of a design to trade. We submit that intention to trade cannot be
discovered from loading, and we propose that proof should be by some overt act
proved by credible witnesses; that the overt act should be specified in the libel or
information; that all evidence should be in writing and form part of the record; that
appeals be allowed to the mother-country on proper security given; and that provision
be made for the discharge of ships before trial on proper security given. Care should be
taken to prevent masters or crew being imprisoned or fined. We propose that vessels of
each nation should give security to the proper customs officers for due delivery of their
cargoes and not to carry on illicit trade; and that captains of H.M.'s ships should be
given express orders to prevent illicit trade.

As to the articles specifying at which French ports English ships may drop anchor,
we think the principal ports of Grenada and Marie Galante should be specified.
Uninhabited islands or islands claimed by both English and French should not be
included in the convention. Any restrictions concerning St. Domingo would be im-
practicable because all ships from Jamaica to Europe or North America and those from
North America to Jamaica go through the windward passage and sail within a league
of that and other islands. If these stipulations are agreed to, we propose that no French
ship shall drop anchor except at the following ports: in Barbados, Carlisle Bay and
Speights Bay; Antigua, Willoughby Bay and St. John's; Montserrat, Plymouth; Nevis,
Charlestown; St. Christopher's, Basse Terre and Old Road; Jamaica, Port Royal, Port
Antonio and Bluefields. These regulations may contribute in some degree to prevent
illicit trade, but this can never be effectually stopped without preventing trade in ports
of other nations, especially St. Eustatius. We therefore propose a law to be made by
each nation prohibiting the importation into the colonies of one the products of the
colonies of the other. We submit that all vessels taken since 1727 in violation of the
treaty of 1686 should be restored by each side. We submit that any convention of this
sort should be temporary and that the treaty of 1686 should be expressly continued in
force in all articles except those contrary to this convention. Signed, George Thomas,
J. Spooner, R. Coope, John Yeamans, John Sharpe. PS. We propose that the article
by which English ships driven by necessity into the prescribed French ports shall not
be seized provided they show sufficient reason for their stopping and that their cargoes
do not appear to be for the French colonies should be deleted. We propose that such
ships should be under no other restriction than to stay no longer than necessary and to
carry on no trade. 5 pp. Endorsed, Reed., Read i April 1737. [C.O. 152, 2.2, fos. 337-340^.]

198 Council of Trade and Plantations to Committee of Privy Council.

April i. We have had under consideration your order of 19 March last and the

various papers relating to the present distressed state of Jamaica.

[See No. 156.] As the agent for Jamaica who attended us upon this subject has offered

nothing to us in addition to what is contained in these papers, we can only give you our

opinion upon the several matters therein mentioned. The first grievance complained of

is the rebel negroes, and we are very sensible how much the safety of the island depends

upon their reduction. But from the reasons assigned in the president's letter to the Duke

199] AMERICA AND WEST INDIES 1737 IO1

of Newcastle we fear they never will be effectually reduced by H.M.'s troops now there,
nor by the parties sent out against them, for want of the barracks proposed to be erected
in several parts of the island where some of H.M.'s troops might be posted for the defence
of the island and to prevent the negroes belonging to the several plantations from desert-
ing to those in rebellion ; and likewise for want of the roads being opened throughout
the island. But this work, although it might be expected the necessity and usefulness
thereof would have sufficiently recommended it, has hitherto gone on but slowly; and
as we conceive that the want of proper implements for opening of roads and building
of barracks may in great measure be the reason why this work has been so much retarded,
we remind you of our report upon this subject dated 12 June 1735 where these imple-
ments and the several sorts of them are particularly specified.

We observe the president has proposed the forming a regiment of 200 negro slaves,
that H.M. should purchase their freedom, and that they should be put under a British
establishment with regard to pay. By such a regiment the president has expressed some
hopes of being able to reduce the rebels. But, although we may be of opinion with the
president that negroes inured to the heat of the climate may be better able to bear the
fatigues attending any expedition through the woods, yet we can by no means give our
opinion in favour of such a proposition, because, should this black regiment be inclined
to favour those of their own colour they would prove a party of much more dangerous
consequence than those in the mountains. How little confidence may be placed in any
negroes and how little they ought to be trusted with arms appears too plainly from the
late rebellion in Antigua, where those were chiefly concerned who had the greatest
share of trust and confidence from their masters.

The charge that has attended the people of Jamaica for many years past in fitting out
and maintaining of parties against the rebel slaves has been very great and burthensome,
and we believe their misfortunes may be increased by the restrictions laid upon one and
the low price of the other part of their principal commodities in this kingdom, the only
mart allowed for the vent of them. While the law passed last year for laying a duty upon
the retailers of spirituous liquors and for licensing the retailers thereof subsists, and
unless a liberty be given under proper restrictions to the sugar-colonies to export
their sugar to foreign markets without touching first in England as proposed in our
report of 24 July 1724, we do not see what can be done to relieve the people of Jamaica
in these particulars. Annexed hereto is an extract of so much of our said report as relates
to the sugar-trade.

We have considered the copy of the president's letter to the Duke of Newcastle
relating to the disputes that have happened between him and four of the councillors
of Jamaica who have withdrawn themselves from the said council during the adminis-
tration of Mr. Gregory ; and as we cannot look on this conduct of the councillors in
withdrawing their assistance from the council and thereby obstructing public aflairs
but as a mark of their great disregard to the public welfare, we think them not proper
persons to be continued councillors in that island, and therefore we should have im-
mediately proposed to H.M. the appointing others in their room but that as we imagine
H.M. may soon send a governor to that island we submit it to you whether it may not
be more proper to wait till a governor is appointed. Entry. Signatories, Fitzwalter, M.
Bladen, O. Bridgeman, A. Croft, R. Plumer. 5 pp. [CO. 138, i8,pp. 102-106.]

199 Minutes of meeting of Trustees for Georgia. Ordered, that copy of

April 4. the resolution appointing a committee for preparing laws for Georgia

Palace Court.

[see No. 195] be given to Mr. Holland, i p. [CO. 5, 687, />.io.J

IO2 STATE PAPERS COLONIAL [zoo

200 Alured Popple to Charles Carkesse asking for return of draft of
April 4. instructions usually given to governors of Plantations with the

observations of the Commissioners of Customs thereon. Entry, i p.
[CO. 324, 12, p. 229.]

201 Order of Committee of Council for Plantation Affairs referring the
Ap riI 4- following to Council of Trade and Plantations. Signed, Temple

Stanyan. Seal, i p. Endorsed, Reed. 7 April, Read 21 April 1737.
Enclosed,

201. i. Petition of divers of H.M.'s subjects for a tract of land in Nova Scotia and
a charter of incorporation. The petitioners are mostly artisans belonging to the
building business, every branch of which is now so overstocked that great numbers
of all sorts are out of employment several months of the year, amongst them the
petitioners. By settling in Nova Scotia they would help to defend the more southerly
colonies, secure the fishery, and enlarge the fur trade. They pray for: free passage
for themselves and families to Nova Scotia; a royal charter incorporating them by
the name of mayor, aldermen, sheriff, recorder, capital and common burgesses;
liberty to make their own laws not being inconsistent with those of England; the
privilege when the people are numerous of choosing their own representatives; a
township of 14 miles square at a rent paid by the corporation to the Crown of ^s. a
year, New England money, per 100 acres to begin ten years after each grant. They
further propose grants of 200 acres to each member at a rent payable to the corpora-
tion of 20J-. a year, New England money, to begin after ten years ; no grants of more
than 200 acres a man and none to persons under 21; voting rights and service as
officer or on juries to be confined to those who have occupied 200 acres for at least
one year; the surplus of rents payable to the corporation over the rents payable to
the Crown to be used for the maintenance of a clergyman of the Church of England
and a schoolmaster. The petitioners pray for tools and building materials, and that
a proper person be sent over to Nova Scotia to manage the whole affair. Signed,
Joshua Sacheverell, carpenter in Bedfordbury near Co vent Garden, and by 73 other
carpenters, 7 smiths, 5 bricklayers and 8 other persons, chiefly of London. 12 pp.
Endorsed, as covering letter. [CO. 217, ~f,fos. 215-222^.]

202 Same, referring the enclosed to Council of Trade and Plantations.
Ap fil 4- Signed, Temple Stanyan. Seal, i p. Endorsed, Reed., Read 5 April 1737.

aU< Enclosed,

202. i. Representation of John, Thomas and Richard Penn, sons of William Penn,
late proprietor of Pennsylvania, to the King for royal approbation of George Thomas
as deputy or lieut.-governor of Pennsylvania and the counties of Newcastle, Kent
and Sussex in the room of Patrick Gordon, deceased. Copy, i p. [CO. 5, iz68,fos.
270-273^.]

203 George Thomas to Council of Trade and Plantations submitting the
April 5. names of James Douglas of London, merchant, and William Dunbarr

of London, merchant, to be sureties for his observation of the Acts of Trade in case he
should be thought proper to be deputy governor of Pennsylvania and the three Lower
Counties. Signed, i small p. Endorsed, Reed. 5 April, Read 6 April 1737. [CO. 5, 1268,
fos. 275-276^.]

206] AMERICA AND WEST INDIES 1737 IO 3

204 Daniel M'Lachlan to James Oglethorpe. To satisfy the Trustees that
April 6. I have not amused them with any idle scheme I am resolved to settle

these 100 men in Georgia who are in a capacity to transport and main-
tain themselves without being obliged to the Trustees for anything else than land. I beg
no favour beyond approbation. I know that when the Trustees are satisfied they will
reward me. If they take no notice of this proposal we shall settle in Carolina or some
other part of America than Georgia. These people will set out by i August and where-
ever they plant themselves the rest of the clans will follow. Signed, zpp. [C.O. 5, 639, fos.
198-199.]

205 Duke of Newcastle to Lieut.-Governor Thomas Broughton. I have
April 6. received your letter of 6 February enclosing copy of one from Com-
modore Dent to you with an account of the supposed design of the

Spaniards to make a descent upon Georgia. H.M. had before received notice from Mr.
Dent of the reasons he had to suspect that an attempt of this nature might be designed
and the King ordered the proper directions to be sent immediately to Mr. Keene there-
upon; so that H.M. hopes that, even though there should have been foundation for
these advices, orders will have been sent from Spain upon the instances that will have
been made by Mr. Keene to countermand the execution of it. And H.M. thinks it possible
that the governor of St. Augustine may in consequence of the agreement made between
him and Mr. Oglethorpe in October last have suspended the execution of any orders he
may have received for giving any disturbance to H.M.'s subjects in those parts.

However, as it is right to be upon your guard against all events H.M. very much
approves the precautions you have taken for the defence of the province in which you
preside and of Georgia. But the King was sorry to find that you had taken any step that
might look like an encouragement to the Creek Indians to fall upon the Spaniards which
they may possibly interpret as an act of hostility begun on the part of H.M.'s subjects
and think thereby to justify any violence they may afterwards commit. As H.M. hopes
that nothing will have been attempted by the Spaniards in violation of the peace sub-
sisting between the two nations, the King would have you in that case send immediate
directions to the agents you may have employed amongst the Creek Indians and any
other nations of the Indians that may be under the influence of the English to use their
utmost endeavours to keep everything quiet there; and it is H.M.'s pleasure that an
effectual stop be put to any acts of hostility that may have been begun against the
Spaniards and that you carefully avoid beginning any hostilities whatever or taking any
step or measure that may be interpreted by the Spaniards as an act of hostility begun on
the part of H.M.'s subjects. It is however H.M.'s pleasure that you should take all
necessary measures for the defence of H.M.'s colonies and subjects and in case any open
and manifest attack is made upon any part of H.M.'s dominions in the West Indies you
will then do everything in your power in the defence of them and to oppose in the most
effectual manner the success of any such attempt. Draff. 3^ pp. [C.O. 5, 388, fos. 159-
i6id; entry in C.O. 324, 37, pp. 49-51-]

206 Order of Committee of Privy Council for Plantation Affairs referring
April 6. report on petition of Murray Crymble and James Huey [see CaL S.P.

Whitehall. Col ^ 1755 _ 3 6 } No< 4 6 5 j b ac k to Council of Trade and Plantations for
further proposals concerning the manner and time of settlement and for consideration
of the reservation of mineral rights to the Crown. Signed, Temple Stanyan. Seal, i p.
Endorsed, Reed. 6 April, Read 7 April 1737. [C.O. 5, 295, /0J-. 78, 78</, 81, 8i</.]

104 STATE PAPERS COLONIAL [207

207 Alured Popple to Francis Fane enclosing three Acts passed in Jamaica
April 7. in November 1 736 for his opinion in point of law, vizt. Acts to prevent

carrying off of soldiers, servants or slaves and for the better regulation of servants; to
repeal Act for ease of inhabitants of parish of St. James; for regulating pilots. Entry.
i\pp.[C.O. 138, i8,#>. 107-8.]

208 Murray Crymble to Council of Trade and Plantations. Being informed
[April 7.] that the Committee of Privy Council has referred to their lordships

the question of royal mineral rights in the lands designed for Swiss settlement in North
Carolina and for consideration of new proposals, he and his associates are ready to
submit to a reservation to the Crown of one-fifth part of all gold and silver ore and one-
tenth part of the ore of all other mines and minerals. They cannot give any more precise
proposals about the manner and time of settlement than those already offered. Even if
they could declare themselves more particularly on the times of embarkation it would
be to their prejudice to have conditions to that effect in their grant. As proof of their
intention to settle the whole of the lands petitioned for, they do not desire to make any
benefit until the whole has been surveyed; this will cost about 5ooo/. which they hope
will be looked upon as security for completing the settlement. Signed. 2 pp. Endorsed,
Reed., Read 7 April 1737. [CO. 5, 295, /0j. 79-80^.]

209 Memorandum by [James Oglethorpe] for [Duke of Newcastle]. Your
[April 1 ] grace desired me to set down what I thought was necessary to be done

on the present conjuncture, (i) By the advices you have received it appears that the
people of Carolina suspect that the Spaniard's armament at Havana is designed against
them and Georgia and that they will be attacked from thence by sea. (2) That it is
certain the Spaniards are augmenting their garrison at Augustine with a regular regiment
and that by that augmentation the Spaniards will be able to march a body of 500 foot,
50 horse and 2000 Indians and leave 400 men in the garrison, and 200 is sufficient to
defend that fort. (3) That they are upon the same continent with Carolina and can march
to Charleston by land which the ships cannot prevent. (4) That the French have a body
of 2500 regular troops in the Louisian and can march from their advance fort called
Albanus in 20 days by land to Charleston. (5) That the people of Charleston have en-
couraged the Indians to fall in upon the Floridas which are the Spanish subjects and
thereby break the agreement by me made with the governor of Augustine and by being
aggressors will justify the Spaniards in making reprisals and in all violences which they
shall thereupon commit. (6) That both the French and Spaniards cannot fall into Carolina
without marching through Georgia.

If the Spaniards should not at present attack, yet as this alarm shows the weakness
of Carolina which would be lost if attacked with the forces given out you think it proper
to put it into such a condition as not to be in danger upon every sudden attempt; for
doing which I think what was proposed by the Board of Trade in 1722 will be the only
effectual method, vizt. that H.M. would order them to have regiments there. But as that
expense might be thought too great, to the 2nd, 3rd and 4th foregoing articles I propose:
(i) That one regiment of 700 men be raised for that service to be posted in such a manner
as to be easily drawn together and at the same time to cover the country, that the com-
missions be immediately granted out. To the ist foregoing article I propose: (2) that
one 2O-gun ship be stationed at Charleston, one at Port Royal and one at Frederica in
Georgia to assist the sloop, which man-of-war should also be employed in the survey.
To the 5th and 6th foregoing articles I propose: (3) That orders be sent to the lieut.-

1 See following document.

2Il] AMERICA AND WEST INDIES 1737 I5

governor of Carolina to reprimand him for inciting the Creek Indians to attack the
Spaniards and to forbid him intermeddling either with the Creeks or Cherokees or any
other Indians belonging to the province of Georgia. Endorsed, Mr. Oglethorpe's Paper,
April 1737. 2pp. [C.O. 5, 654, fos. loi-iozd.]

210 Observations on this paper. [No. 209.] (i) It does not seem probable
[April 7.] that the Spaniards will in time of peace or indeed at any time attack

Carolina; not by sea, because no ship bigger than zo guns can go into their harbour 1 ; not by
land, because it is a great way to march and through a desolate country or very near it.
If Georgia has encroached upon them, or they think they have, they may endeavour to
recover that; but without provocation or without a prospect of gaining anything, it
seems very unlikely that the Spaniards should begin a war in those parts. (2) The
Spaniards are fortifying themselves at St. Augustine, being perhaps more afraid of us
than we are of them, or at least as much; and as for the Indians, it is supposed that as
many at least may be had on our side as theirs if that should be found necessary. (3)
Being upon the same continent they may it is true march from St. Augustine to Charleston
but if they should miscarry how will they get back again 5 o or 60 leagues through an
enemy's country? (4) It cannot be supposed that the French, when peace is so well
established at home, will join the Spaniards and make such long marches through the
woods to make war upon the English plantations. However, the stronger our plantations
are the safer they will be. (5) The Florida Indians seem to be out of the way of doing
any injury to Carolina. Therefore what reason can be given why the Carolina people
should encourage any Indians to fall upon Florida? The Indians have often war with
one another which perhaps may be sometimes encouraged by Christians for private
advantages in trade etc. (6) The French and Spaniards are at a great distance from one
another and it is thought do not agree so well together as to join forces but that the
Spaniards are rather jealous of the French encroaching upon them and would prevent
it if they could.

As to sending regiments to Georgia or Carolina I can give no opinion. There is at
present one 2o-gun ship at Carolina and a sloop and now one 2o-gun ship more fitting
for that station, which is more than comes to their share of the 10,000 men allowed by
Parliament. There is one 2o-gun ship at Virginia, one 2o-gun ship at New York and one
20-gun ship at New England, all which are ordered to join if any attack should be made
upon Georgia or any other part of the continent. 3 small pp. Endorsed, Observations
upon Mr. Oglethorpe's paper. Reed, from Sir Charles Wager, 7 April 1737. [CO. j, 6j4,
fos. 105-106^.]

211 Lieut-Governor George Clarke to Duke of Newcastle. Last fall I
April 9. received a letter from M. Beauharnais, Governor of Canada, complain-
ing of the lieutenant posted at Oswego, to which I returned answer

26 October, hoping that that would give him full satisfaction. I likewise wrote to the
lieutenant at Oswego about it. But M. Beauharnais, not having received my letter, wrote
to me again 1 5 November on the same subject. Copies of all these letters are enclosed.
M. Beauharnais has shut up all intercourse between us and Oswego so that I have not
heard from that officer, but the season of the year now approaching to relieve that
garrison I shall upon his return examine into that business.

Upon the notice that I received the beginning of March from the governor of South
Carolina that the Spaniards were preparing to make a descent from Havana on that

1 Underlined in MS.

106 STATE PAPERS COLONIAL [211

province and Georgia, I again issued an order, as I did last summer, forbidding the
collector to clear any vessel for Augustine and a proclamation prohibiting all H.M.'s
subjects to send to or give the Spaniards any succours of any kind. Capt. Norris of
H.M.S. Tartar stationed here, having applied to me for thirty seamen to enable him to
go to Georgia for the defence of that place, I issued an order in council to the mayor to
cause that number of seamen to be impressed. The mayor issued his orders to the
constables to apprehend all deserters and vagrants, more than that he could not legally
do. But that failing of getting the number of men that Capt. Norris asked for, he again
applied to me in council; but the council, being of opinion that I could not legally issue
any further warrant, would not advise me to do it. I recommended to the captain to
beat up for volunteers, but he has not. He complains that the masters of merchant-ships
entice the sailors from the King's ships but it is said that the captains themselves en-
courage their men to go in the winter season in merchantmen because they find their
account in it, and the men having higher wages do not think of returning. Our latest
accounts from Carolina, which are private letters, give us cause to think that no descent
was or is intended and the enclosed examination of a master of a vessel confirms it.
Signed. 3 small pp. Endorsed, Reed. 4 July. Enclosed,

211. i. M. Beauharnais, Governor of Canada, to Lieut.-Governor Clarke, Quebec,
20 August 1736, complaining against the English commandant at Oswego
(Chouaguen) for firing on a French party in July last, and demanding the punishment
of this officer. French. Copy. 3 pp.

211. ii. Lieutenant-Governor Clarke to M. Beauharnais, in reply to preceding;
New York, 26 October 1736. I will enquire into the incident and take such course
with the officer as shall be agreeable to justice. Nor will it derogate from this pro-
fession to complain to you of the practices too much used by your people to seduce
the Six Nations and to draw them from their allegiance to the Crown of Great
Britain. I am persuaded you will discountenance such practices. Copy, i small p.

211. iii. Lieut.-Governor Clarke to Capt. Congreve; New York, i November
1736. I am sorry to hear so many complaints of your conduct at Oswego. I hoped
for better things, but am now in fear, if some better care be not taken, that the
garrison will all desert or perish for want of provision, of which I am told there is
no manner of economy. It behoves you to be very circumspect, and I earnestly recom-
mend you to keep good discipline and to take care of the provision and of the
security of the house and garrison. M. Beauharnais complained to me of your com-
manding a French canoe ashore which was passing by, I assured him I would enquire
into it and I hope you will be able to acquit yourself of what he lays to your charge.
I desire you will be very vigilant and guard carefully against all surprises of the
Indians or others. Capt. Dick will convey this to you, to whom you ought to give
an account of your garrison by all opportunities as he is the commanding officer
on the frontiers. Copy, i small p.

211. iv. M. Beauharnais to Lieut.-Governor Clarke; Quebec, 15 November
1736. A corporal and a soldier, deserters from Oswego, have confirmed what I
wrote to you. The corporal was one of the party sent to pursue the French canoe;
they were ordered to fire if they could not come up with it. French. Copy, i small p.
211. v. Affidavit of Abraham Kipp of New York, mariner, taken at New York,
5 April 1737. Deponent was at St. Augustine from 24 February last to last Saturday
week. Within less than twelve months two companies of soldiers have arrived
there from Havana; he believes the total force to be now about 400. The castle
commands the town; it has about 20 guns on the seaward side. At the back of the
town is a battery of about 6 guns. He heard of no Spanish design to attack Carolina

212] AMERICA AND WEST INDIES 1737 IO 7

or Georgia. While he was there a new governor arrived. Deponent saw what he
took to be gunpowder and other war-like stores being unloaded. He believes the
total number of the inhabitants of St. Augustine to be about 400 men, women and
children, exclusive of military. Witnessed, Frederick Morris, deputy clerk of council.
Copy, attested 16 April 1737 by Frederick Morris. i\ pp. [CO. 5, 1094, fos. 18-29^.]

212 Same to Council of Trade and Plantations, acknowledging letters of

April 9. 22 October and 9 December last. The assembly are now sitting, but
I cannot as yet make any judgment of what they will do. I enclose my
speech, with the council's address and the addresses of some of the counties which in
the late times were the most disaffected as a testimony that my endeavours have had
some success. I have the misfortune however to suffer extremely under the deficiencies
of the revenue, not having yet received one penny from the treasury and being obliged
to support the honour and dignity of the government out of my own private fortune
and credit. But I assure you that no distresses shall ever make me give up H.M.'s just
authority which perhaps may be attacked especially in the point of erecting courts of
equity. I have endeavoured previously to their sitting to direct them from such thoughts
by inciting them to think of raising hemp and iron which will be of solid and lasting
service to them. I published a scheme for that purpose and recommended those things
to them in my speech. It is approved out of the house; what they will think of it within
time must resolve me. I am sorry that I cannot acquaint you that my proposals for settling
foreign Protestants have been yet attended with success. They have been sent to Amster-
dam, translated into High Dutch, and dispersed in several parts of Germany, and I still
hope they will in time attain the end proposed.

I received a letter from M. Beauharnais [etc. as in No. 211]. I received notice of
Spanish preparations for a descent on Carolina and Georgia [etc. as in No. 211]. Whilst
this was in agitation vessels arrived in several ports from Carolina giving an account
that if any descent had been intended it was now laid aside ; and though this intelligence
came only in private letters yet so much credit is given to it that Capt. Norris, I am told,
does not intend to sail, and the Boston station ship which he ordered hither to join him
lies here too. I have taken the examination of the master of a vessel lately arrived from
Augustine which will give you some account of the present state of that place. I will in
all things to the utmost of my powers exert myself for H.M.'s service in this business.
Capt. Norris applied to me in council; I advised with the council, and having done so I
must be concluded by their advice. The town was alarmed at the rumour of a press.
Capt. Norris, I am told, said to one of the aldermen that he would not impress a man
and that I could not, though he had applied to me. Perhaps he wished to see us again in
a flame, I may venture to say, for it was obvious that he has all along given too much
countenance to the faction; but he will not be able to raise another. Signed. 4 small pp.
Endorsed, Reed. 27 June, Read 7 September 1737. Enclosed,

212. i. New York Gazette, No. 591, 1-8 March 1736/7, containing address to
lieut. -governor of the gentlemen and freeholders of the County of Richmond.
Printed. 4 pp.

212. ii. Appendix to New York Gazette, No. 594, containing a similar address of
the inhabitants and freeholders of the County of Albany. Printed, z pp.

212. iii. New York Gazette, No. 595, 28 March -4 April 1737, containing pro-
clamation by Lieut.-Governor Clarke proroguing the assembly, and an address to
the lieut.-governor of the freeholders of the County of Westchester. Printed. 4 pp.

212. iv. Speech of Lieut.-Governor Clarke to assembly of New York, 5 April
1737. Printed. $ pp.

IO8 STATE PAPERS COLONIAL [213

212. v. Address of thanks to Lieut.-Governor Clarke by the council of New
York, with his reply. Printed. 3 pp.

212. vi. M. Beauharnais, Governor of Canada, to Lieut.-Governor Clarke;
Quebec, 20 August 1736. French. Copy, of No. 211 i. above. i pp.

212. vii. Lieut.-Governor Clarke to M. Beauharnais; New York, 26 October
1736. Copy, of No. 211 ii. above, i p.

212. viii. M. Beauharnais to Lieut.-Governor Clarke; Quebec, 15 November
1736. French. Copy, of No. 211 iv. above, i p.

212. ix. Lieut.-Governor Clarke to Capt. Congreve; New York, i November
1736. Copy, of No. 211 iii. above, i small p.

212. x. Affidavit of Abraham Kipp, sworn at New York, 5 April 1737. Copy, of
No. 211 v. above. \\pp. All enclosures endorsed, Reed. 27 June 1737. [CO. 5, 1059,
fos. $-2.$d, 26, 26d.]

213 Letter from Alured Popple. In answer to the Duke of Newcastle's
April 13. question in your letter of this day's date, the Council of Trade and
Whitehall. Plantations have sent no direction to Governor Mathew relating to

complaints made against him by the court of France and the Dutch; these complaints
being made to H.M. and referred to them by the Duke to whom they enclosed their
representations thereon, their lordships did not conceive themselves at liberty to send
any directions to Governor Mathew as the whole affair was under H.M.'s consideration.
You likewise ask whether Mr. Mathew has sent any account of his conduct; if in this
question you include what at first gave ground to these complaints, the Montserrat Act
under which some of the vessels and their cargoes were pretended to have been con-
demned, Governor Mathew in a letter to me says he passed the Act to prevent illicit
trade carried on between the French and the New England and Rhode Island men.
This letter I received in September last and it is the only one received in this office till
24th of last month upon the subject of this Act wherein Mr. Mathew expresses his con-
cern for having given his assent to it without inserting the suspending clause. This is
in answer to one written him by the Board 8 October last wherein they declared their
surprise at his giving his assent to an Act of so extraordinary a nature without the said
clause. But their lordships have received no letter from him giving any account of his
conduct or the reasons that induced him to take the several steps complained of by the
French and Dutch ministers. Signed. z\ small pp. [C.O. 152, 40, fos. 300-301^.]

214 Petition of John Rindge to Council of Trade and Plantations. The
April 13. opinion of the Attorney- and Solicitor-General on the boundary

question between Massachusetts and New Hampshire dated 18 March 1734/5 is proper
to be laid before the intended commission. Petitioner prays for an attested copy of this
report. Signed, for the petitioner, Ferdinand John Paris, i small p. Endorsed, Reed.
13 April, Read 19 April 1737. [CO. 5, 879, /AT. 134, 134^ 137, 137^.]

215 Minutes of meeting of Trustees for Georgia. Received, receipt from
A P ri |^4- the bank for 2/. 2J-. paid in by Rogers Holland being the benefaction

of a gentleman for the religious uses of the colony. Resolved, that
Mr. Paris wait on the Council of Trade and Plantations and desire them to appoint a
day for hearing the complaint of the Trustees against the assembly of South Carolina
for passing an ordinance which obstructs the execution of the Act for maintaining peace
with the Indians in Georgia, i p. [CO. 5, 687, p. u.]

AMERICA AMD WEST INDIES 1757 109

216 Charles Carkesse to Alured Popple. 1 have laid before the Corn-
April 15. missioners your letters of 4 November and 24 December last trans-

netting drafts of general instructions for the governors in the
plantations, and they having considered them direct me to return the
same with such observations as have occurred to them which are inserted against each
article as you desire. They desire that all directions to the governors so far as relates to
the duty of the Naval Officer may run thus, vizt. " the governor or person appointed
for that purpose " and when patents are granted by the crown to the Naval Officer as
in Barbados and the Leeward Islands, Jamaica and Carolina, that the governor be
directed " to see the Naval Officer does what is required ".

Enclosed is a list of the Collectors in the Plantations with their respective districts,
and the Commissioners desire the Naval Officers may be appointed at such places only
where there is a Collector for the reasons mentioned against the and article of the
governors' instructions.

The Commissioners being informed that the officers of the Customs meet with
frequent opposition in putting in execution the Act of 6 Geo. II for encouraging the
trade to the sugar colonies, I am also directed to send you copy of an instruction they
desire may be given to the governors in the Plantations to be assisting to the officers of
the Customs in putting the said Act in execution. [Note in another hand: This was made
an article and added next the 1 2th article of the instructions relating to trade etc. given
to the governors of Virginia, New York etc.] Signed. PS. When the instructions are
perfected please favour me with a copy as they are given to the governors. i pp.
Endorsed, Reed. 18 April, Read 18 May 1737. Enclosed,

216. i. List of Collectors of Customs in the Plantations. i pp. Endorsed, as

covering letter.

216. ii. Blank specimen of Naval Officer's list of shipping. 2 pp. Endorsed, as

covering letter.

216. iii. Draft of instructions concerning Acts of Trade to be given to governors

in America with observations of the Commissioners of Customs thereon. 49 pp.

Endorsed, as covering letter. [C.O. 323, io,fos. 72-104^.]

217 Governor Richard Fitzwilliam to Council of Trade and Plantations.
April 15. Having lately received from my agent unattested copies of a complaint

rcw ence. f rom Qialoner Jackson to you and of depositions of Florentius Cox,
John Yerworth and William Vittry, setting forth many enormities said to be committed
by me in this government, which I have not hitherto received any directions from you
to answer, I think in justice to my character I ought not to defer saying something to
you in my own vindication lest I should suffer in your private opinion. I already stand
accused to H.M. of many particulars alleged against me by the complainant and as I am
directed by the Committee of Privy Council for Plantation Affairs to answer to them I
presume it is unnecessary to take up your time concerning them. But as to those things
mentioned in the complaint before you which were not set forth in that before the
Committee, I have transmitted my answer to my agent to be laid before you whereby I
doubt not you will be convinced of the injuries and insults I have received from the
complainant. I should have acquainted you and the Commissioners of Customs (to
whom he has long since complained and who are reasonably to be supposed to be good
judges whether their officer met with proper encouragement and protection) of them
before this were it not in respect to one of your number to whom he is related. But as I
claim no merit on account of the kindness I showed him before his ill treatment of me

110

STATE PAPERS COLONIAL [ 2I 7

and for my charity to his wife and child whom he left in a starving condition when he
fled from hence at the instigation of John Colebrooke who has been so often mentioned
at your board by my predecessor Mr. Rogers and me, I expect no favour on that score.
I depend on your known justice. I have only to entreat you to suspend having an ill
opinion of my behaviour till it is proved my conduct deserves it.

When you come to consider my situation here among a people long distracted by
feuds and animosities created among them by the contrivance of Colebrooke and that
it is with infinite difficulty I have prevailed upon proper persons to serve as judges in
the courts or execute the little offices of government by reason of the trifling profits
annexed to them, you will be of opinion I have regulated this government beyond what
could be reasonably expected and brought the inhabitants to a greater unanimity in my
favour than could possibly be expected; and if they may be allowed to be proper judges
of the good or ill treatment they have received from me surely their own sentiments set
forth in the council and assembly journals attested by sworn officers and in an address
from the grand jury inserted in the former, 26 November 1735, cannot but have weight
with you. I refer to my letters of 4 December 1733 (a few days after I landed here and
before I could have any personal resentment) and 22 December 1735 about Colebrooke
(long before complaints were preferred against me). I observe the complainant to you
endeavours to induce you to believe that the persons appointed by me to the little
offices of the government are corrupt, dishonest people, and seems particularly to reflect
on me for having appointed Mr. Scott, the secretary of these islands, chief justice: this
gentleman was recommended to me in England as a man of extreme good character,
which indeed by his behaviour here he appears to have deserved for I believe nobody
ever executed the offices he enjoys so much to the good liking of the inhabitants; and
though they may seem to you too many to be vested in one man yet it is a thing that
cannot be avoided, because in the first place there is no other man in the country any
way capable of executing the office of chief justice that would accept the same by reason
it is a troublesome employment without salary and scarce any profit attending it, and
in the next the profits of the other employments he holds do not in the whole amount
to above ioo/. sterling a year out of which he pays a clerk thirty, so that were it not that
I give him and his clerk their board in my house he could not live upon his income here,
which indeed both he and I imagined before I left England would have been at least zoo!.
a year or I could not have prevailed upon him to have come with me.

We have been for some little time past under apprehensions of an invasion from the
Spaniards whereof I have acquainted the Duke of Newcastle to whom I transmitted some
depositions made before me by people ktely come from Havana concerning the same.
I have had no further confirmation thereof and hope there is no such design on foot;
at least I am obliged to induce the inhabitants to think there is not because many of them
were so much alarmed thereby that they talked of removing themselves and families
to some place of greater security.

Herewith are transmitted copies of three short laws passed by the assembly which
met immediately after I had received the information of the intended invasion afore-
mentioned, the purport whereof will be fully explained by their titles : an Act to prevent
vexatious, tedious and troublesome lawsuits for trivial and small debts, an Act confirm-
ing certain indentures or articles of agreement dated 7 September 1736 between the
governor and council and James Scott for a house for the governor, an Act for settling
and regulating the militia. You will also receive duplicate of my letter of 1 2 November
last, council journals from Michaelmas to Lady Day last and lists of shipping for the
same time, treasurer's accounts from midsummer to Christmas last, and journals of
council and of lower house in the late assembly.

219] AMERICA AND WEST IMDIES 1737 11J

Whatever deposition Colebrooke may have made before you concerning the com-
plaint of Jackson has not been transmitted me; consequently it cannot be expected I
could be particular in any proofs to confute whatever he has alleged against me. Signed.
PS. I have sworn into the council Peter Moore in the room of William Hall deceased,
there being then no more than six members of the council within this government.
Observing it alleged in the complaint against me to you that the trade of this place is
much diminished since my arrival here, I sent for the Custom house books and counted
how many vessels cleared out here the last three years of Mr. Rogers's government and
the first three of mine and find (notwithstanding we have made little or no salt these
two last years and the great number of inhabitants lost the first years I came here by
sickness) they differ but one in number; our import and export these last three years
greatly exceed in value what had been imported and exported here the whole time of
Mr. Rogers's government. 4 pp. Endorsed, Reed. 1 z September, Read 2 1 September
1737. Enclosed,

21 7. i. Account of duty inwards imposed by Act of assembly in the Bahama
islands, Christmas 173 5 -midsummer 1736. n ships. Total of duty, 82/. $s. i\d.
Account of same outwards for same period. 17 ships. Total of duty, 6z/. js.
Account of taxes per poll and lots of land in Nassau imposed by Act of assembly
in the Bahama islands, for same period. 131 masters of families [names given] ; total of
taxables, 340. Yield of taxes, j8/. 3-f. i\d.

Account of contingent charges for same period, 24/. 1 7^. -jd.
Account of H.M/s revenue in the Bahamas for same period. Receipts, 269^ i zs. j</.
including balance of last account 66/. i%s. zd. Disbursements, 1037. 17^. ^d. Balance
remaining 165 /. i$s. o^d. Signed, William Stewart, Receiver-General and Treasurer.
The accounts were examined, passed in council and sworn to by William Stewart.
Signed, Richard Fitzwilliam, 13 July 1736. 6 pp.

217. ii. Account of duty inwards imposed by Act of Assembly in the Bahama
islands, midsummer-Christmas 1736. u ships. Total of duty, 8j/. 6j-. $d.

Account of same outwards for same period. 26 ships. Total of duty, 88/. izs. o\d.
Account of arrears of taxes, fines and forfeitures for same period. Total, zzl.
9r. io|</.

Account of contingent charges for same period. Total 6j/. os. $d.
Account of H.M.'s revenues in the Bahamas for same period. Receipts, 3627. $s. zd.
including balance of last account, i6j/. i^s. o\d. Disbursements, 1457. $s. z\d.
Balance remaining, zi6l. i8.r. Signed, and certified as preceding, 9 March 1736/7.
6pp. Endorsed, Reed. 12 September, 1737. [C.O. 23, 4,fos. $-izd.]

218 Paul Jenys to Harman Verelst, enclosing three quarters accounts of
April 16. the duty on rum granted for the benefit of Georgia to i March last.

They are each of them signed by the treasurer, for which the Trustees
have credit i6i2/. js. i\d. in their account under that head. Signed. Seal, i small p. [CO.
5, 639, fos. 263-264^.]

219 Answer of Governor Richard Fitzwilliam to the complaint of Chaloner
April 1 8. Jackson exhibited to the Council of Trade and Plantations, 7 October

lce> 1736. Chaloner Jackson while collector at New Providence was
protected by the governor in the execution of his office. Whatever molestation persons
concerned in trade met with were owing to Jackson's malpractices : there were continual
complaints to the governor of the charging of exorbitant fees. Jackson publicly excused
some of the inhabitants from paying the enumerated duties. Far from trying to detain
them, the governor often wished Jackson and his wife were gone from the island.

112 STATE PAPERS COLONIAL [zzo

(i) The exemption from port charges of vessels arriving at Providence with recruits,
provisions, stores etc. was agreed by the council on i January 1733/4. Jackson, though
objecting, at last consented to it. The governor has had no share in ships trading to the
Bahamas, nor has there been one vessel from the continent exempted from the port
charges. The governor has not bought salt provisions to the value of more than about
4o/. nor live sheep or cattle except forty sheep, six he had a share in, and six others.
(2) The proceeding had upon the navigation bond entered into by Thomas Petty was
agreeable to law and article 21 of the governor's instructions. The governor never
threatened Petty or any other person to put in suit any bond for refusing to comply
with any request. He never directed the marshal to detain Lawford. No application was
made to him by the assembly for Lawford's release. No member of the assembly was
directed by the house to remand Lawford out of custody of the marshal. No such
answer as is set forth in the complaint was returned by the marshal to the messenger of
the house. Lawford was set at liberty by interposition of the governor and without any
condition that he should no more attend the business of the house. The governor does
not believe that Mr. Scott ever unreasonably refused to accept of any person to be
security in a navigation bond; the collector's advice has always been taken in judging
the sufficiency of such security. (3) The governor has fully answered to the Lords of
the Committee of the Council the matters in the third article relating to blankets etc.
and the personal ill treatment of Jackson. The collector was never refused any copy or
record of court. The governor did not buy any of Jackson's negroes and believes they
were sold for their full value. (4) The governor says it will appear by good testimony
that he has not removed any judge except Mr. Rowland, nor J.P. nor secretary nor
provost marshal nor officer of Chancery, nor has advanced or degraded any member of
the council except Jackson and that at his own request. The governor never attempted
to prevent Jackson, his wife, Florentius Cox or John Yerworth from leaving the island.
After Jackson's departure the governor supported his wife and child. The governor's
agent can prove insolent and turbulent behaviour by Jackson towards him and Mr.
Rogers.

As to William Vittry's deposition the governor is prepared to depose that he never
offered Vittry 20^. per ton freight of the braziletto. Mr. Scott's testimony will show that
Vittry seemed well pleased with the freight arrangements. Colebrooke's agents might
have offered Vittry 24^. per ton freight for wood to Carolina, though no such freight
has been before or since given, to induce him to think himself ill used. Signed. 6 pp.
Annexed,

219. i. Schedule of papers and evidence to support the foregoing answer, in-
cluding 46 depositions and sundry other papers. N.B. There are several other deposi-
tions transmitted to Henry Popple which prove many irregularities of Jackson,
Colebrooke's turbulency, as also that he has been a barrator, a receiver of stolen
goods and an abettor of felony, that Cox ran away with two vessels in the West
Indies and has been guilty of perjury, and that Yerworth has been a runaway from
two or three places and was convicted of theft at Providence, fled to Havana and
changed his religion, afterwards returning to Providence and again professing the
Protestant religion. 3 pp. [CO. 23, 4,fos. 14-18^.]

220 Minutes of Common Council of Georgia. Referred to committee of

April 1 8. correspondence to contract with the owners of the Two Brothers to go

to Inverness to take in 40 men for Georgia at j/. per head. Resolved,

that zos. per head be allowed for engaging the said 40 men and zos. per head for clothing

and bedding; that the Trustees will pay the passage of 40 men from Inverness to Georgia

224] AMERICA AND WEST INDIES 1737 1: 3

at 5/. per head by the Two Brothers, Capt. Thomson; that Capt. Thomson be obliged to
stay 14 days at Inverness for the reception of the 40 men and in case he does not receive
them within that time that he be at liberty to stay or go with such as he may receive;
that the committee be empowered to give a reasonable allowance for so many of the
40 men as shall not be delivered in Georgia; that 1 5 barrels of gunpowder for smallarms
be sent by the Two Brothers for Georgia. Ordered, that 100 muskets and bayonets, 200
Indian arms, 3 cwt. of musket bullets, 3 cwt. of Indian gun bullets, 6 cwt. of lead, one
pair of bullet moulds of 9 holes each for the musket bore, and two iron ladles be sent
to Georgia by the Two Brothers. Ordered, that 300 pairs of shoes be made at 4*. per pair
according to the pattern John Cox made the shoes that were ordered 13 August 1735.
Read, the proposals of William Stephens of the terms on which he is willing to serve as
secretary for the Trust in Georgia; resolved, to agree to said proposals; Mr. Stephens
is appointed secretary; committee of correspondence is to prepare his instructions.
i\pp. [CO. 5, 690, pp. 66-68.]

221 Minutes of meeting of Trustees for Georgia. Read letter from Lieut. -

April 1 8. Governor Thomas Brouehton of 7 February 1736/7. \See No. 50!.
Palace Court. o , , r/ r /o *

Ordered, secretary to answer the same, i p. [CO. 5, 687,^. 12.]

222 Benjamin Martyn to Lieut.-Governor Thomas Broughton, thanking
April 18. him for letter of 7 February 1736/7 giving notice of advices from

Commodore Dent of a Spanish design against Georgia. The Trustees
have taken and will take the most effectual measures in their power for the defence of
Georgia, and they have no doubt but you will find the persons entrusted with the
administration of affairs in Georgia ready to join with you in all necessary measures for
the support and defence of the colony. Entry. \p. [CO. 5, 66j,fo. 14.]

223 Appointment by the Trustees of Georgia of William Stephens as
April 1 8. secretary for the affairs of the Trust in Georgia. Entry, i p. [CO. 5,

670, pp. 322-323.]

224 Instructions for William Stephens, secretary for the affairs of the Trust
April 1 8. i n Georgia. Military concerns : you are to send the following accounts,

(1) of all fencible men in the province between 20 and 5 5 according to town and village;

(2) of forts and garrisons, cannon, powder stores, ammunition, swords, bayonets; (3)
of the condition of the storehouses in the forts and supply of fresh water there.

Civil concerns: you are to send the following accounts, (i) of the behaviour of the
inhabitants towards their magistrates, their industry, sobriety and obedience; (2) the
people's reasons, good or bad, for not having cultivated their lands ; (3) a report of the
surveyor's negligence and who can do that work; (4) the number of souls, English,
Scottish and foreign; (5) the number of gentlemen, freeholders and servants; (6) how
cultivation and enclosure go on, who have been remarkably industrious or otherwise;
(7) what progress is made in the silk; (8) of the public gardens, the plantation of vines
and the prospect of making wine; (9) whether coffee is cultivated and what other useful
berries; (10) whether the timber cut down be best used for building or traffic; (n)
whether the timber on the Trust lands be preserved.

Religious concerns: (i) you are to inform the Trustees whether the people frequent

divine service according to their several persuasions, by which means they will know

whether any concealed papists are among them, and inform the Trustees what example

the magistrates give the people; (2) you are to acquaint the Trustees how the cultivating

8 XLIJI

114

STATE PAPERS COLONIAL [225

the land for religious uses goes on; (3) you are to recommend the magistrates strictly to
punish vice and immorality, to pay reverence to oaths and to encourage the ministers ;
(4) you are to recommend to the magistrates to encourage the children at school; (5)
you are to recommend them to do the same by the Indian children.

Other general instructions: (i) You must call regularly on the magistrates and other
officers to make up their accounts and send them quarterly to the Trustees; (2) you must
suggest to the Trustees whatever you think may further the good of the colony; (3) you
must advertise the Trustees of all material occurrences ; (4) you must see that the naval
officers inform the Trustees of all ships coming into the ports of Georgia, their going
out, cargoes, whence they came and where bound; (5) you must miss no opportunity of
writing to the Trustees; (6) you are to send duplicates of all letters you write by the
next ship; (7) you are to enter all letters sent by you to the Trustees in a book; all letters
received by you you are to endorse when you received them and by what ship.

Private instructions: (i) you are to send an account of the behaviour of the magis-
trates and other officers of Savannah and Frederica; (2) you are to send an account of
the people's pretences of complaint against the magistrates. Entry. 3 pp. [CO. 5, 670,
pp. 323-326.]

225 Memorial of Charles, Lord Baltimore, to Council of Trade and Planta-
April 19. tions in same terms and to same purpose as No. 267 i. 5 pp. Endorsed,

Reed, from Mr. John Sharpe. Reed., Read 19 April 1737. [CO. 5, 1268, fos. 278-281^.]

226 Harman Verelst to Thomas Causton, by Princess Carolina, Capt. Coe.
April 19. The Trustees have ordered that Ann Clark, servant to Mr. Hethering-

Georgia Office. to ^ be brought back by Capt. Dymond, her uncle Thomas Siddons

having applied for it.

Certified accounts have been received as follows : Hugh Bryan's, William Bellinger's,
David Provoost's. William Clay's has not yet come to hand. The Trustees have also
received two certified accounts which you enclosed to Mr. Oglethorpe 27 January last,
giving advice of paying the same in sola bills without Mr. Oglethorpe's endorsement,
vizt. to Mr. Barns 4o/. for 39/. 19^. %d. due to him and Messrs. Minis and Salomons for
21 5/. due to them for a cargo from New York. The Trustees, judging those bills of no
use without a proper endorsement, have sent you by the Peter e^ James iooo/. with
proper endorsements on them for the services they are appropriated to defray. Being
uncertain whether any more of the 1 5oo/. sola bills which by their letter of 14 January
last they desired to be sent back have been paid before the receipt of their letter to dis-
charge certified accounts sent over before you received those bills, they are obliged to
postpone the paying those accounts for some time until they receive an answer from
you to their letter of 14 January; and they are very much surprised you did not write
to them 10 February last after having paid to Mr. Brownfield 1787. more of the said
sola bills and should be glad to know the occasion.

Two men-servants were shipped at Gravesend on Peter & James to be delivered to
you to be sent to Cooper the millwright and employed by him for the public service in
fitting up and using the sawmill. There is another sawmill to be sent over as soon as
possible. Samuel Lacey's wife and children did not go with Capt. Dymond but intend
to go by the next opportunity. The Trustees desire you will take care of preserving the
clock for the church which was sent over, that it may not be spoiled. Mr. Anderson
lately sailed from Cromarty in Scotland to Georgia: the Trustees have ordered that he
be given credit in Georgia, if he wants it, of 1 2 bushels of corn and 200 Ibs. of meat for
himself and each of his servants for a year. Entry. 2 pp. [CO. 5, 66j,fo. 15, ij</.]

232] AMERICA AND WEST INDIES 1737 JI 5

227 Harman Verelst to Elisha Dobree at Frederica, acknowledging letter
April 19. of 17 December last. Care will be taken for sending a minister to

lce ' Frederica and finding proper instruction for the children. Mrs. Dobree
is willing to come over to you with her family provided she could be satisfied how you
would provide for them. Entry. $ p. [CO. 5, 66j,fo. 14^.]

228 Harman Verelst to Thomas Christie at Savannah. The Trustees have
April 19. received the copies of proceedings of the town court at Savannah,

Georgia O ce. k ut t h e y observe several trials at the said court whereon no judgments
have been passed. They therefore desire you will review the last account of the said
proceedings which you sent and let them know what sentences have been passed and
how such sentences have been executed upon the several verdicts that required sentences
and which have not yet been mentioned by you. Entry. | p. [CO. 5, 667, fo.

229 August Gottlieb Spangenberg to Trustees for Georgia. The Bohemian
April 20. and Moravian Brethren who came from Count Zinzendorf and have

Philadelphia. s j nce tnen d we lt in Georgia desire leave to depart that colony, as by
copy of letter to Mr. Causton enclosed appears. I therefore desire they may have liberty
to depart. They intend to pay every farthing of their debt before they go and they are
bound to no one by writing or agreement. I further petition for leave, for the common
benefit of these men, to sell the lands given to me and David Nitschmann at Savannah
and the houses thereon. Not that we desire any profit to ourselves, but we would that
these men may reap some small fruit of their labour. We do not desire anything for the
land itself but only for the clearing and improving it, there being upwards of 40 acres
cleared, 10 whereof lying near the town is fenced in with pales. Signed. 2 pp. [CO. 5,
639, fos. 266-267^.] Enclosed,

229. i. Savannah, 21 February 1737; Moravian settlers in Georgia to Thomas

Causton. Copy, of No. 168 vit. [CO. 5, 639, fcs. 342-343^.]

230 Si[las ?] Luttrell to Alured Popple. My brother Temple Lawes one of
April 20. H.M.'s council in Jamaica having very imprudently on account of a

private pique absented himself from the duties of his public capacity, I am obliged to
have recourse to you to move the Lords of Trade that no effects of H.M.'s displeasure
may fall upon him. Mr. Lawes has always shown, excepting this one instance, the
greatest attachment to the royal family and the duties of his station. His father was
governor of Jamaica. We, Mr. Lawes's friends, hope it will plead very strongly in his
favour and that the son of the first man of the island and one of the most considerable
by his fortune will not find all the merits of his former behaviour weighed down by one
rash proceeding where the motive was much less blameable than the consequence, and
to which a warm temper may expose any man. Signed, 2 small pp. Endorsed, Reed. 22
April, Read 26 April 1737. [CO. 137, 22, fos. 120, nod, 123, 123^.]

231 Minutes of meeting of Trustees for Georgia. Mr. Paris reported that
April 20. the Council of Trade and Plantations could not appoint a day for

Palace Court. h earm g tne complaint of the Trustees till they receive further informa-
tion and evidence from South Carolina relating to the complaint of the council and
assembly against Georgia, i p. [CO. 5, 687, />. 13.]

232 Council of Trade and Plantations to Lords of Committee of Privy
April 20. Council. Pursuant to order of 6th inst. [see No. 206] we have been
Whitehall. attended by Mr. Crymble and have received a paper signed by him; to

which we add that in our opinion it will be difficult for the petitioners to tie themselves

H(j STATE PAPERS COLONIAL [233

down to any other obligation of transporting foreign Protestants and settling them upon
the land petitioned for than those already mentioned for the reasons set forth by them
in the paper enclosed. And we think the immediate expense they propose of surveying
and marking out the land petitioned for prior to their making any advantage of it will
be a sufficient obligation on them to complete the settlement proposed. You will observe
the petitioners are willing that in case any mines shall be found in the land petitioned
for one-fifth part of all gold and silver ore shall be reserved for H.M. as is reserved in
the charter of Massachusetts and one-tenth part of all other mines and minerals whatso-
ever. Entry. Signatories, Fitzwalter, T. Pelham, M. Bladen, Arthur Croft, R. Plumer.
2$ pp. [CO. 5, 3*3, /w.

233 Council of Trade and Plantations to Committee of Privy Council. We

April 21. have no objection to H.M.'s approbation to George Thomas as

whiteha . deputy-governor of Pennsylvania without limit of time and of the

three lower counties during H.M.'s pleasure provided he gives the usual security for

observing the Acts of Trade and Navigation and qualifies himself for that trust. John,

Thomas and Richard Penn have already renewed the declaration formerly made by their

father relating to H.M.'s right to the three lower counties and lodged the same in our

office. Entry. Signatories, James Brudenell, Arthur Croft, R. Plumer, Fitzwalter, T.

Pelham, O. Bridgeman. i\ pp. [CO. 5, 1294, pp. 103-4.]

234 Council of Trade and Plantations to the King representing that an

April 21. Act passed in North Carolina under the late Lords Proprietors entitled
an Act relating to biennial and other assemblies is derogatory to H.M.'s
prerogative. As we cannot learn that this law was ever approved by the Lords Pro-
prietors of the province as it should have been according to the fundamental constitu-
tions formed by them for the better regulation and government thereof, it may be matter
of dispute whether this can be deemed a law subsisting ; but to prevent any such doubts
and in order to discourage any attempts of this kind we lay the said act before you for
immediate disallowance. Entry. Signatories, Fitzwalter, M. Bladen, Orlando Bridgeman,
Arthur Croft. 2 pp. [CO. 5, 323,70. 128, 128^.]

235 Council of Trade and Plantations to Duke of Newcastle in reply to

April 21. letter of 21 March, enclosing the following representation relating to
the proposals made by M. Maurepas to Lord Waldegrave for prevent-
ing disputes about illicit trade in the West Indies. Entry. Signatories, Thomas Pelham,
R. Plumer, M. Bladen, James Brudenell. i p. Enclosed,

235.1. Same to the King. We have considered the paper delivered by M. Maurepas
to Lord Waldegrave relating to captures lately made in America of British and
French ships and the proposals to prevent the like. We have taken the opinion of
persons concerned in the trade of America. By the first of the proposed articles
French ships sailing between island and island may be seized if within a league of
a British island; but by the fourth article, not only British ships sailing from island
to island but also ships from New England are included. Furthermore by article four,
British ships may be confiscated if by the nature of their cargo or other circumstances
there shall be proof of an intention to trade with the French. This is liable to great
uncertainty because the words may furnish a pretence for confiscating any vessel

235] AMERICA AND WEST INDIES 1737 U7

from those parts : the loading of every ship either to the French or British islands
must always be of the same nature.

In the second and third articles it is proposed that neither British nor French
ships sailing within a league of each other's shores shall be seized in their return from
the sugar-colonies to Europe. These articles carry the appearance of equality. But
French vessels returning to Europe are more frequently obliged to come near British
islands than British to come near French (except only ships from Jamaica coming
through the windward passage). British vessels from Europe on the other hand are
obliged to go nearer French colonies. The merchants whom we have consulted
apprehend that besides homeward-bound ships, vessels bound for Africa or coming
from Europe or Africa to any of the sugar-islands should have been reciprocally
excepted, although they may in their way have touched at any of their own islands
(as is frequent in the course of that trade). In the second article, it is declared that
French vessels shall not be seized nor their navigation hindered on pretence of their
being within a league of the English islands ; whereas by the third article English
vessels in like situation are only excepted when by chance they may be within the
said distance of the French islands. But the rule of both nations should have been
conceived in the same words.

There are likewise several terms in all the proposals which may give occasion to
dispute, particularly "league", "coasting" and "cruising". The first of these might be
better ascertained by being called a league or three English miles, and the two others
by the general word "sailing" which comprehends both coasting and cruising. In
the fifth article it is proposed that no English man-of-war or merchant-ship shall
drop anchor at any French port other than those named in the article. No provision
is made for vessels driven into other ports by weather or enemies, which is a case
particularly provided for by the Treaty of Neutrality of 1686. The principal ports in
Grenada and Marie Galante not being named may leave room for dispute. It would
be exceedingly inconvenient for your subjects to be confined to those ports only which
were named for St. Domingue because almost all British ships going and returning
through the Windward Passage are obliged to sail within less than a league of St.
Domingue and of many other small islands adjacent where they are frequently forced
to touch for wood and water. If this regulation were to take place, some other ports
should be added in St. Domingue, particularly the bays of Donna Maria and Tiburon,
with proper allowances made for the particular cases provided for by the Treaty of
1686. The first part of this article is particularly levelled at the liberty your warships
now have in necessary cases to enter any other of the French ports in America; and
the latter part declares that merchant-vessels shall not enter any other but the ports
particularly specified, nor unto them without sufficient reason, of which the French
will be the only judges as well as of the time necessary for their continuance there.
If it should appear by their consignments, the nature of their loading, or other
circumstances, that they intended to trade, they shall be confiscated. Consignment,
loading and other circumstances are made three distinct reasons for confiscation, and
every vessel from the northern colonies to Barbados or the Leeward Islands which
may be forced into any of the French ports may be condemned. We apprehend this
article would be highly injurious.

To avoid all chicane and inequality we propose that in all cases of seizure, whether
of English or French vessels, proof of a design to trade by some overt act should be
made by two credible witnesses at least before such vessel be liable to confiscation;
that such overt act be particularly charged and specified in the libel or information;
that no overt act be allowed of except particularly specified as above and that all

Il8 STATE PAPERS COLONIAL [236

evidences in support thereof be made part of the record; that the claimant be allowed
a reasonable time to make his defence, shewing by affidavit that the same is necessary;
that in cases of condemnation the reasons be particularly mentioned in the sentence;
that an appeal be allowed as of right to the superior court of that island where such
sentence shall have been given, and in case the sentence shall there be confirmed
the claimant to be allowed an appeal to the proper court of judicature either in
England or France giving reasonable security for prosecuting the same; that he
have authentic copies of all proceedings delivered to him, paying the accustomed
fees for the same, and that sentence of condemnation be respited until such an
appeal shall be determined at home; that every appeal be prayed for and determined
within a certain number of days after trial, and that every vessel seized shall at any
time be discharged even before trial, if desired, on the ship and cargoes being
appraised upon oath and sufficient security given to answer such appraised value in
case the sentence of condemnation be confirmed; but that in every case where
sentence be given in favour of the claimant the ship and cargo shall be restored or
the security discharged within a certain number of days after; and that in case of
seizure only where illegal trade shall not have been proved no master of any vessel
nor any of the crew shall be fined or imprisoned.

As to British ports to which French ships may be admitted we propose (if any
new regulation take place) that no French ship drop anchor in any port but the follow-
ing unless forced by stress of weather or other unavoidable necessities : in Barbados,
Carlisle Bay and Speight's Bay; in Antigua, Willoughby Bay and St. John's; in
Montserrat, Plymouth; in Nevis, Charles Town; in St. Christopher's, at Basse Terre
and Old Road; in Jamaica, Port Royal, Port Antonio and Blue Fields; in Bahamas,
Providence ; in Bermuda, St. George's. In our opinion, however, all cases in dispute
relative to illicit trade and navigation are sufficiently provided for by the Treaty of
Neutrality to which there is nothing wanting but a specification of what shall be
deemed sufficient proof of any vessels having carried on illegal trade, and of the
form of proceedings that shall be observed thereupon for which we have proposed
a remedy herein. As we apprehend these new regulations consisting of so many
different particulars may tend to enervate and destroy the force of the said treaty,
we offer that all matters might continue on the foundation of the treaty with the
addition only of a specification of what shall be deemed sufficient proof of illegal
trade and the form of proceedings thereon; that the French should repeal their
edict; that you should repeal the Montserrat Act; and that mutual restitution should
be made not only of vessels named in the French proposals but of all others on both
sides taken since the French edict of 1727, where there has not been substantial
proof of illegal trade made against them. Entry. Signatories, as covering letter, with
Arthur Croft. 16 pp. [CO. 153, i6,fos.

236 Order of King in Council approving a report from Committee for

Wh^Vn Plantation Affairs on the complaint of Mahomet, Chief Sachem of the
Mohican Indians, of deprivation of land by the inhabitants of Connecti-
cut. [See A.P.C. (Colonial Series}, 1720-45, pp. 531-3.] The Committee recommend that
a commission of review should be granted and submit a draft commission. This is
approved, the Duke of Newcastle is to prepare a warrant, and the charge of passing the
commission is to be defrayed by the crown. Copy, certified by Temple Stanyan. 4^ pp.
Endorsed, Reed. 16 May, Read 24 May 1737. [C.O. 5, 1268, fos. 288-291^; warrant in
CO. 324, 37, pp. 59-65; another entry in CO. 324, 50, pp. 191-197.]

242] AMERICA AND WEST INDIES 1737 IT 9

237 Same, approving the recommendations made in a report from the
April 21. Committee for Plantation Affairs [see A.P.C. (Colonial Series} 1720-45,

James s. ^ ^^j Qn ^ com pl a ints f rO m the French Court and from M. Hop
for the States General about seizures of ships in the Caribbean. Proper representations
are to be made at the French Court that the question may be settled amicably; further
consideration to be respited till the results of these representations be known. Copy,
certified by Temple Stanyan. 3 pp. Endorsed, Reed. 16 May, Read 24 May 1737. [CO.
152, 22, fos. 343-3440

238 Same, approving the recommendation made in a report from the
April 21. Committee for Plantation Affairs [see A.P.C. (Colonial Series) 1720-45,

St. James s. ^ ^j Qn ^ p et j t j on o f John Yeamans and others for additional
military forces in Antigua consequent upon the negro rebellion. The Committee was
not satisfied that additional forces could be either subsisted or quartered there and
recommended that no augmentation be made. Copy, certified by Temple Stanyan. z pp.
Endorsed, Reed. 16 May, Read 24 May 1737. [CO. 152, 22, fos. 347, 347^, 352, 352^.]

239 Same, approving fifteen Acts passed in Massachusetts in 1733 and
April 21. 1734, vi2t. Acts for erecting the lower plantation of Housatonic into

St. James s. ^ towns ] 1 jp o f Sheffield; in further addition to an Act for providing
for precinct or parish meetings; in further addition to several Acts for settlement of
estates of intestates; for altering times for holding courts; for erecting the town of
Rumford; in addition to an Act for punishing criminals; in addition to Acts for prevent-
ing encroachments on highways; in addition to an Act for ease of prisoners for debt; to
prevent unnecessary lawsuits; for regulating proceedings on bonds of administrators
on intestate estates ; to exempt Anabaptists from being taxed for support of ministers ;
in addition to Act for regulating choice of town officers ; for erecting town of Halifax
in Plymouth county; for dividing the town of Enfield and erecting a new town of
Somers; for erecting the township of Litchfield. Copy, certified by Temple Stanyan.
2^ pp. Endorsed, Reed. 16 May, Read 24 May 1737. [CO. 5, 879, /o.r. 151-152^.]

240 Same, on a representation from Council of Trade and Plantations and
April zi. a report from Committee for Plantation Affairs, approving an Act

St. James s. p assec i j n Jamaica in May 1736 to explain and enforce the will of John
Wolmore, late of Kingston, goldsmith, deceased, and for establishing a free school in the
island. Copy, certified by Temple Stanyan. \\pp. Endorsed, Reed. 16 May, Read 24 May

1737. [CO. 137, 22,/OJ 1 . I2I-I22*/.]

241 Same, on a representation from Council of Trade and Plantations and
April 21. a report from Committee for Plantation Affairs, approving an Act

St. James s. p asse d i n Jamaica in May 1736 to confirm the sale of a house in St.
Jago de la Vega commonly called the Fort House. Copy, certified by Temple Stanyan.
i% pp. Endorsed, Reed. 16 May, Read 24 May 1737. [CO. 137, 22, fos. 125, n)d, 128,

242 Same, approving draft of additional instruction for the governor of

April 21. Massachusetts to restrain him from assenting to any Act for issuing

St. James s. new ^^ Q crec jj t exce p t on ]y to trie value of 3O,ooo/. for the annual

support of the government or to any Act for reissuing old bills of credit without inserting
a clause suspending the execution of the same until H.M.'s pleasure shall be declared.

120

STATE PAPERS COLONIAL [243

Duke of Newcastle to prepare the instruction for H.M.'s signature. Copy, certified by
Temple Stanyan. if pp. Endorsed, Reed. 16 May, Read 24 May 1737. [CO. 5, 879, fos.
154-155^; entry of instruction in CO. 324, 37,/>/>. 56-58.]

243 Same, on a representation from Council of Trade and Plantations and
April 21. a report from Committee for Plantation Affairs, approving an Act

St. James s. p asse d in Jamaica in May 1736 to enable David Jones, a minor, and
others to sell lands in Jamaica. Copy, certified by Temple Stanyan. \\pp. Endorsed, Reed.
16 May, Read 24 May 1737. [CO. 137, 22, fos. 126-127^.]

244 Same, disallowing an Act of South Carolina for ascertaining public
April 21. officers' fees. Copy, certified by Temple Stanyan. i pp. Endorsed,

St. James's. Rea j jfi M ^ Read ^ May ^^ ^ Q ^ 365, /w. 208-209^.]

245 Same, approving report from Committee for Plantation Affairs, that

April 21^. the petition of Samuel Storke and Peter Van Brugh Livingston for a
St. James s. g rant o f j anc i j n Albany county, New York, be dismissed. Copy,
certified by Temple Stanyan. 2 pp. Endorsed, Reed. 16 May, Read 24 May 1737. [CO. 5,
oj-. 167, i6~jd, 170, 170^.]

246 Council of Trade and Plantations to Committee of Privy Council.

April 22. We have considered your order of i May 1735 referring to us the

memorial of Thomas Coram together with petition of several of

H.M.'s subjects in and about London and Westminster in behalf of themselves and many

others relating to the settlement of Nova Scotia and Cat Island, one of the Bahamas.

Upon this occasion we have several times been attended by Mr. Coram and the petitioners

who have proposed to undertake the settlement provided the province of Nova Scotia

and Cat Island be vested in trustees for a term of years, that the trustees do recommend

the governor for H.M.'s approbation, that a council and assembly be chosen by the

inhabitants, and that land be granted to them in proportion to their abilities.

As the settlement of Cat Island is not immediately necessary to forward that of Nova
Scotia, we proposed to Mr. Coram that the settlement of Nova Scotia might be the first
consideration; and he has agreed to the following proposals for that purpose: (i) that a
certain number of gentlemen and others be incorporated trustees for promoting the
said settlement; (2) that the said trustees do recommend to H.M. a deputy governor for
the said province for H.M.'s approbation who, when approved, shall give the usual
security for observing the several Acts of Trade and such instructions as shall be sent
to him in relation thereto; (3) that the said trustees shall appoint persons to be the deputy
governor's council until there shall be a sufficient number of inhabitants settled in the
province when a council and assembly may be chosen; (4) that when the said assembly
shall be chosen they shall annually elect councillors not exceeding 21 in number and
present their names to the deputy governor for his approbation who is to have an ab-
solute negative upon each of them respectively; (5) that the deputy governor with the
advice and consent of the said council may appoint judges, justices and courts of judica-
ture for hearing and determining all causes as well criminal as civil; (6) that the deputy
governor, council and assembly may enact such acts and laws as they shall think necessary
for the good government and prosperity of the province provided they be not repugnant
to the laws of this kingdom and that within six months from their being passed they
be transmitted to the Board of Trade in order to be laid before H.M. for his approbation
or disallowance; (7) that the said deputy governor with the advice and consent of his

247] AMERICA AND WEST INDIES 1737 121

council may grant land to any of the inhabitants of the province in such quantity and
manner and under such rents, services and reservations as shall be appointed by the
charter to the trustees ; (8) that at the expiration of 2 1 years from the date of the charter
all the right, claim, power etc. of the trustees shall entirely cease and all public accounts,
books, records and effects then remaining in the possession of the trustees shall be
delivered up for the use of the province to such person or persons as H.M. shall think
fit to appoint to receive the same ; and that the government of the province shall then
return entirely to the crown to be exercised as in New York or any other Plantation
immediately under H.M.'s protection. The petitioners have likewise proposed that the
trustees may be empowered by their charter to ask and receive money from such as are
inclined to assist the settlement of this province.

The settlement of Nova Scotia with English inhabitants is of very great consequence
to H.M.'s interest in America and to the interest of this kingdom from its situation with
regard to the French and from the fishery now carried on at Canso and the several
branches of naval stores that province is capable of producing when once it shall be
settled, as we have several times represented to H.M. and to you, particularly in our
report of 7 June 1727; and therefore we think it very much for H.M.'s service to give
all possible encouragement to any undertaking for this purpose especially when attended
with so great an appearance and probability of success as that of Mr. Coram's. Entry.
Signatories, Fitzwalter, Thomas Pelham, M. Bladen, R. Plumer. 5 pp. [CO. 218, 2, pp.
337-34I-]

247 Alured Popple to Governor Gabriel Johnston. Since my Lords Corn-

April 22. missioners' letter of 1 1 November last they have received yours of
15 October preceding and Mr. McCulloh your agent has laid before
them the several papers you mention to be enclosed in your said letter except the estimate
of the charge of running the division line between your province and South Carolina.
As mistakes of this sort may frequently happen from your sending part only of the
papers you intend for the consideration of my lords in your letter to them and the
remainder of them to your agent, I am to desire that you will for the future constantly
send with the letter to their lordships such papers as are therein mentioned to be enclosed.

My lords have considered what you wrote concerning the blank patents and although
they may generally approve of your sentiments upon the subject yet as the case of these
patents as drawn up by yourself now lies before H.M.'s Attorney- and Solicitor-General,
they do not think proper to send you any directions concerning the said patents until
they shall have received their opinion in point of law upon this subject, which is soon
expected; in the meantime I am commanded to send you enclosed the copy of Mr.
Burrington's answer to your state of the blank patents for your observations, which
likewise lies before the Attorney- and Solicitor-General.

The next part of your letter relates to the payment of quitrents upon which you
desire directions as to your continuing to receive them in proclamation money instead of
commodities which the inhabitants are desirous of paying them in. Upon this subject
you have full directions in your instructions and my lords do not see that you can want
any explanation of them. The quitrent which by your instructions you are directed to
reserve is 4^. proclamation money for every 100 acres. But as you have mentioned the
receipt of 42007. sterling on account of arrears of quitrent my lords desire to know in
what specie that sum was paid. With regard to the collection of these quitrents their
lordships observe that you have proposed the appointment of sheriffs and desire you
may have directions whether such officers may not be appointed by a law to be passed
for that purpose wherein some equivalent may be made to the provost marshal, and these

122 STATE PAPERS COLONIAL [248

sheriffs to be appointed collectors of the quitrent. Upon this subject and the other difficul-
ties mentioned in your letters of 1 5 October and 29 November last my lords have not
as yet sufficiently considered to return you a particular answer. They see no objection to
your getting an Act or Acts passed for remedying the grievances complained of provided
you take care that a clause be inserted in such Acts to suspend their execution until the
King's pleasure can be known thereupon. My lords have laid the biennial law of your
province before H.M. with their reasons for repealing the same and when H.M. shall
have come to any determination you will have notice thereof. Entry. 4 pp. [C.O. 5, 323,
fos. 129-130^.]

248 Harman Verelst to Messrs. John Hossack & Co., merchants at Inver-
April 23. ness. Last Wednesday the Trustees agreed with the owner of the ship

eorgia ce. j.^ Brothers to go to Inverness and embark 40 menservants to be
shipped within 14 days after her arrival at Inverness for the account of the Trustees. You
are requested to employ Archibald MacBean or whom else you think proper to engage
them. Those of 20 years and upwards are to serve four years, those under 20 are to serve
until they are 24. Their indentures, when they are bound to the person who engages
them, must be endorsed by him with his name on the back of that part of the indenture
which the servants sign and those parts of their indentures must be delivered to you,
which the Trustees desire you would forward by the same ship to Thomas Causton at
Savannah who will have instructions for employing them in the public service. Send the
Trustees a list of their names and ages. The charge the Trustees pay for engaging them
is 2OJ 1 . sterling for each servant. They allow i/. j/. per servant for clothing and bedding.
\Detailsgiven.} You are to buy for the Trust and send to Mr. Causton for the Highlanders
300 yards of tartan at \zd. a yard for short coats and short hose and 1200 yards of tartan
at 14^. a yard for plaids. You are further to buy 12 spinning wheels with some wool
and hemp or flax for the women to be employed in and consign them to Mr. Causton.
Mr. Bean was desired by his countrymen and others in Georgia to come to Scotland to
engage servants for them which they are to pay the captain for on delivery in Georgia,
and the owner in consideration of Mr. Bean's trouble gives him his own passage back
and the passage of some servants for himself in proportion to the number he shall engage
and ship over and above the 40 to be shipped for the Trustees. Entry. \\ pp. [CO. 5,
Ml, fos. i6d, 17.]

249 Lieut. -Governor John Pitt to Duke of Newcastle. On 2 5 March last

April 25. I sen t you two Acts with journals of assembly; I now send journals
Bermuda. /- -i r . rs-' A / r i

or council. Signed, i p. [C.O. 37, 26, fo. 202.]

250 Same, to Charles Delafaye transmitting minutes of council. You will

April 25. see the treatment I have lately received from the council by the minute
Bermuda. /- T i 111

or 20 January past in a speech or representation or what they please

to call it, to me insinuating as if I had been guilty of some very unanswerable proceedings
by their accusing me of setting up new courts, silencing one North a lawyer without due
process, and making a fellow an attorney-general who is fit for nothing. The occasion
of this is as follows. Mr. Edward Jones about September or October last having a dispute
with his master and sailors relating to a voyage then made and the mate arresting the
master who was then going to sea, Mr. Jones the owner was his attorney to answer the
prosecution; and several of the evidences going to sea, he to secure them had them
sworn before me to their several affidavits relating to the affair. When the cause came
to issue the judges would not allow the evidences to be good, being sworn before me,

2JO] AMERICA AND WEST INDIES 1737 ^3

a thing never disputed in any court in these islands that an affidavit taken before H.M.'s
lieut. -governor was ever so much as the least hesitated, and several since my government
have been allowed though the contrary party was not by, which I cannot find any
governor ever had. This I take to be an intrusion on H.M.'s authority, having the
affidavits of the clerk of the assizes for 40 years past, the provost marshal general for
30 years past, and of the attorney-general for 40 years, that an affidavit taken before the
governor was always allowed good evidence in any cause and has been the constant
practice of these islands since their settlement.

As to their other accusation relating to North, he had the impudence in the public
court to say those affidavits were privately and clandestinely taken, which I do declare
were taken as all oaths are before me, the probits are writ in the secretary's office and
the secretary swears the person to them. This occasioned me to send a testimonial to
vindicate myself and to order that fellow to be silenced and never act as an attorney in
any of the courts of these islands during my administration. It is true the judges had
sworn him as an attorney, but what or who he is they know not for he has no testimonial
from any Inns of Court or any other place; he is a stroller and has been all over the West
Indies and about a year ago came here from Providence; he is a vile, mischievous,
impudent fellow and to vindicate myself from his false aspersion I could do no other-
wise than show my authority by silencing him.

The next thing they say I have made a fellow an attorney-general that is not fit for
anything. I do not tell of his merit but he is the only one that my predecessors or I can
find for these 40 years past; his name is Burton and I am sure much the honestest man
of the two and is the best acquainted with the laws and customs of these islands and
those of England that I think him much the properest person to do H.M. justice in that
post.

As to their having a privilege of disposing of civil employments, I conceive it other-
wise; I do and have always asked their advice and desired the council to recommend fit
persons to me to fill up the vacancies, and at this present time I do not know of any
judge or justice of the peace but what is of their recommending. But when I see, for the
sake of being their relations or factors or under some other obligations, they will recom-
mend people no way capable (which too often happens) I then think myself the judge to
dispose of them as is most to H.M.'s honour and the service of the island without
invading or lessening the privilege of the council. They say I would not suffer one
Slater to be sworn (very true) for he is a fellow that keeps a punch-house and of a most
abandoned character, came here from the Bay of Honduras, and this fellow must be
sworn to an affidavit that was utterly false, as Mr. Edward Jones a person of very good
character and note offered to prove; but their honours would not allow Jones to swear,
neither would I the fellow who I know did not care what he said or swore.

As to their accusations in their speech of a new court set up, it is utterly false. The
said Mr. Jones, to vindicate his character from the aspersion laid on him by the grand
jury's presentment, the speeches of some of the magistrates and the affidavit of this
Slater, petitioned me for a dedimus to examine witnesses and to take interrogatories in
relation to the crimes laid against him. This I granted as another privilege entirely in
myself which never till now was ever so much as named but to be according to the
known customs of the place and of H.M.'s lieut.-governor ever since there has been one
in the island. I directed it to Richard Jennings, president of the council, and Nathaniel
Bascome, one of the judges. The president of the council sat upon it and examined
witnesses as has been always usual on those occasions, by which interrogatories Mr.
Jones, if it should be necessary, will be able to vindicate himself if he should be obliged
to appear before impartial judges. These interrogatories are returned to me according to

124 STATE PAPERS COLONIAL [251

my order in the dedimus, which is what the council and judges want me to deliver up,
that the said Jones may not be the better for all the pains and trouble he has been at;
and as those interrogatories are the character that the best men in the island think him
deserving of, I think it would be very unjust in me to squash them.

This is what I thought proper to acquaint you with, begging of you, if any complaint
should be maliciously lodged, you will prevent any proceedings against me till I have
the opportunity of vindicating myself which as I am conscious during the whole time
of my government I have studied and done all that lay in my power consistent with the
honour of H.M.'s commission to serve them and do my duty, which I shall for all their
base and false accusations continue to do. Signed. 2 pp. [C.O. 37, z6,fos. 200-201.]

251 Thomas Causton to Trustees for Georgia. On 25 March I received

April 25. your orders dated 14 January full six weeks after the ship's arrival at
anna ' Charleston. Mr. Oglethorpe having directed before his departure that
the sola bills which should arrive after his going should be applied according to your
orders of which he left me a copy, to effect which he directed Messrs. Montaigut & Co.
and in failure of them Mr. Jenys of Charleston to receive such bills and enable me to
make payments accordingly, I had therefore issued the greatest part of them before your
orders came to have them returned. I engaged myself also to Mr. Woodward on account
of Mr. Horton before that time agreeable to Mr. Oglethorpe's orders which will appear
by Woodward's account when it comes to hand. The want of provisions and the late
alarm have kept Mr. Lacey from going to Augusta; there are several houses built and
corn planted by those who are to settle there but Mr. Lacey having lately heard that
G eorge Summers has really secured some provisions, he is resolved to go immediately
into the Cherokee nation and deliver your message. You will find by the enclosed that
I began a daily account of occurrences the very day I received your orders for it: I
shall think myself very happy if I can anyways contribute to give you a just representa-
tion of your affairs in Georgia, having been always very ready to devote my whole time
to your service ever since my arrival. One of the tubs of bamboo cane was lost in the
passage to Charleston, the remainder arrived but believe are all dead. I delivered the
barilla seed to Peircy the gardener with the directions.

I hope I have not erred in giving way to the people's demands for building the walls
of the fort. The clamour on that occasion was inexpressible, and having done what was
absolutely necessary and answered their first demand, vizt. a place of retreat for the
women and children and effects till succour could come, I have positively refused to do
anything more to it till you shall give orders, judging that should an attack now happen
it might be made defensible in a few hours ; and if no attack happened, as you would
very probably think it necessary to build a new magazine, the old one being too small
and decayed, this might not be an unfit place as well for such an use as also for a general
landing of goods, which is now very expensive.

I must repeat my desire that you would give some written directions to the constables
and magistrates: to the first with regard to the watch and how they shall answer for
neglects, to the latter how to act in judicial matters. In the present circumstances those
who would do their duty meet with great discouragements and there is little probability
that any law will be duly executed. I find our grand juries do not care to find bills of
indictment for selling rum (though fully proved); you will easily see therefore the cir-
cumstances I am in as to that particular when in pursuance of that law and your express
appointment I shall order any to be staved. I have seen negroes selling goods on the
strand in the presence both of Mr. Vanderplank and Mr. Fallowfield and have been
forced to drive them away myself though they are the persons appointed as constables

254] AMERICA AND WEST INDIES 1737 1*5

for that purpose. 1 must further desire your directions to the magistrates what judgment
they shall give upon complaints for want of the roads being made and fences not set up
and particularly with regard to widows, orphans or absent people whose lands are un-
cultivated and are not likely to be; also, with regard to the presentment made by the
grand jury for clearing the common of logs and brush, whether they may not compel a
joint labour and by the common consent of the majority of the people lay a fine on those
who shall neglect their parts. As the business of transcribing the daily occurrences and
correspondence besides other business is too much for me to attempt myself and
necessary to be done by hands I can confide in, I am in want of such persons; and I
believe if two expert lads could be sent as they might be under command would be
capable under me of answering that purpose. At present I am obliged to William
Williamson to do those things which I cannot trust to other people. The particular
transactions of the colony to this day so far as they come to my knowledge and copies
of all papers to which they relate are herewith sent. Signed. i\ pp. Endorsed, Reed., Read
20 July 1737. [CO. 5, 639, fos. 260-261^.]

252 Minutes of Common Council of Georgia. Read, grant of 5 oo acres of

April 27. l an d to William Stephens and to his third son, Thomas Stephens, with
a ce ourt. p ream bl e of agreement with William Stephens, to act as secretary
for the Trust in Georgia; seal affixed thereto, secretary to countersign the same and
sign a memorial of the grant in order to be registered with the auditor of the planta-
tions. Resolved, that the Earl of Egmont, Mr. Vernon, Thomas Tower, Mr. Oglethorpe,
Mr. L' Apostre and any of the Common Council who will attend be a committee to pre-
pare Mr. Stephens's instructions, any three to be a quorum; the same committee to pre-
pare a device for the town seal for Savannah.

Resolved, that a town-lot of 50 acres within Savannah be granted to John Warwick.
Mr. Stephens was sworn in secretary for the Trust in Georgia. Resolved, that 300 acres
of land be granted in trust to be set out at Frederica for raising a maintenance for a
minister and schoolmaster there and for other religious uses. Sealed articles with John
Pye and Samuel Hurst to be clerks in Georgia; secretary to countersign the same.
Resolved, that 40 servants be employed in clearing and cultivating a farm lot of lands
reserved for the public to be called Bouverie's Farm in discharge of Sir Jacob Des
Bouverie's benefaction for sending over servants to Georgia, which 40 servants at zj/.
each for all charges will make the expense of iooo/. Ordered, that an account of the
annual produce of the said lands be kept distinct and entered as the produce of Bouverie's
Farm to be applied for the benefit of the colony. Read, a constitution for William
Stephens to be secretary for the Trust in Georgia and instructions to him; sealed the
same, secretary to countersign. Read, a paper of private instructions to Mr. Stephens ;
secretary to sign the same. 3 pp. [CO. 5, 690, pp. 69-71.]

253 Minutes of meeting of Trustees for Georgia. Received by Rev. Mr.

April 27. Burton, io/. being the fourth annual payment of a benefactor, to be
continued for the term of the benefactor's life but given for five years
certain for the endowment of a catechist in Georgia. p. [CO. 5, 687, p. 14.]

254 Grant by the Trustees of Georgia to William Stephens and Thomas

April 27. Stephens, his third son, of 500 acres of land in Georgia subject to
several conditions. Entry, io pp. [CO. 5, 670, pp. 312-321.]

126 STATE PAPERS COLONIAL [255

255 Petition of Sebastian Zouberbuhler to the Governor and Council of
[April 29.] South Carolina. The petitioner undertakes to bring over 100 Swiss

Protestant families in one year, and when this is completed 200 families more; he asks
for one year's provisions for the 100 families, that the warrants, plats and grants may be
given grafts, that the township to be settled shall be shown to the petitioner at the charge
of the province, and that he may have liberty of choosing a township on Santee river.
Translation. Endorsed, Reed., Read 29 April 1737. i pp. [CO. 5, 365, fos. 207, 207^,
210, ziod.]

256 Minutes of Common Council of Georgia. Resolved, that 150 acres of
April 29. land be granted to Thomas Upton. Resolved, that a further 5 guineas

a ace ourt. ^ gj ven to ^ p erson wno recovered the survey of the coast of
Georgia. [See No. 187.] Read, proposals of John Matthias Kramer, secretary to Count
Zinzendorf, to translate some part of the book called Reasons for Establishing the Colony
of Georgia into High Dutch at the Trust's expense and to engage a number of persons in
High Germany to go to Georgia and to conduct them from Worms to Rotterdam at the
said persons' expense, and he submits it to the Trustees to give him such allowance as
they shall think fit; resolved, that it be referred to committee of correspondence to
consider the same and to settle instructions to Mr. Kramer, and to contract with Messrs.
Hope for the passage of 60 heads of 1 2 years of age and upwards to be repaid to the
Trust in six weeks after their arrival in Georgia or they be indented to the Trust for
servants.

The board considering Capt. Charles Dempsey's memorial setting forth his services
in negotiations between Georgia and St. Augustine; resolved, that the thanks of the
Trustees and i5o/. be given to him. Resolved, that 4257. be paid to Aid. Heathcote on
account. Sola bills to the value of 15007. being sent to be issued by Mr. Oglethorpe
which he did not receive before he left Georgia, and by letters from Mr. Causton dated
27 January 1736/7 several of them appearing to have been paid away in discharge of
certified accounts though there was no endorsement by Mr. Oglethorpe; resolved, that
1 5 oo7. out of the 2o,ooo/. granted this session of Parliament be appropriated for the
payment of the said sola bills or so many of them as shall happen to have been paid
away before the order of 12 January 1736/7 for returning them to England was received,
and that after the said 2o,ooo/. shall be received and paid into the Bank of England any
five of the Common Council be empowered to draw upon the bank for payment of the
said sola bills though Mr. Oglethorpe has not signed the endorsements, they being
returned with accounts attending them or for value paid to Mr. Causton to account for.
Resolved, that until the said 2o,ooo7. be received 43 3/. out of the unappropriated money
be paid to Mr. Oglethorpe to pay the following of the sola bills : Minis & Salomons,
27 January 1736/7, 21 j7.; Capt. Barnes, 27 January 1736/7, 4o/.; John Brownfield,
9 February 1736/7, 1787.; and that after the 2o,ooo/. is received the said 43 3/. be replaced
and Mr. Oglethorpe discharged by the delivery of the said bills to be cancelled.

Read Mr. Causton's letter of advice to Mr. Oglethorpe dated 10 February 1736/7 of
drawing bills [see No. 71]; ordered, that the said bills be accepted and paid when due.
Read, a proposal from Mr. Zouberbuhler the execution whereof would amount to
20327. loj 1 . besides ioo7. per annum expense to the Trust; resolved, that he be acquainted
that the Trustees cannot comply with the said proposal. Received, a bill of exchange
dated Savannah, 7 June 1736, drawn by Mr. Oglethorpe for 257. sterling for value
received on account of the colony; ordered, that it be accepted and paid when due.
David Provoost having transmitted to Rodrigues Pacheco a certified account for H27.
i8j. nd. sterling for provisions delivered in Georgia i December 1736 before the 15007.

258] AMERICA AND WEST INDIES 1737 1*7

sola bills arrived in Georgia, and it being observed that some of the said i joo/. sola bills
might happen to be paid in discharge of the said account, which Mr. Bland the goldsmith
offered to secure the Trust from any double payment of; resolved, that on Mr. Bland's
giving such security the said account be paid.

Read a letter from Lachlan M'Lachlan and Donald Cameron [see No. 189]; resolved,
that the terms which the Trustees have settled for people going to Georgia at their own
expense be sent to them. Signed, drafts on the Bank of England for 425 /. payable to
Aid. Heathcote and 4337. payable to James Oglethorpe. $ pp. [CO. 5, 690,^). 72-79.]

257 Duke of Newcastle to Governor William Mathew, enclosing copies
April 30. of complaints from France and the States General of unjust seizure of

several ships belonging to their subjects. The King having referred
the said complaints to the Board of Trade, I send you copies of their representations to
H.M. thereupon, by which it appears that you had, without any authority from H.M.,
given your consent to an Act passed by the assembly of Montserrat for seizing any
foreign vessel within a league of any English shore or sailing anywhere within the extent
of the government of the Leeward Islands and for confiscating such vessels if any trade
with H.M.'s subjects could be proved against them, without inserting a clause to suspend
the taking effect of the said Act till H.M.'s pleasure could be known upon it contrary
to the tenour of H.M.'s instructions to you; and that you had in their opinion even
exceeded in some instances the terms and conditions prescribed by the said Act of
Montserrat by causing the French ship La Fortune to be condemned without any proof
that it had been concerned in clandestine trade. And it appearing also that you had not
transmitted any account hither of these your proceedings, H.M. has ordered me to
signify to you his high displeasure at your conduct and his commands that you should
forthwith send a full account of all that has passed and of the several ships taken by
virtue of any authority given by you or in consequence of the said Act of assembly of
Montserrat (as well of those ships concerning which any complaint has been made to
H.M. as of any other that may have been taken) with the names and value of the said
ships and their cargoes and of the place or places where they are and of the persons to
whom they may have been consigned. And I am also to signify to you H.M.'s positive
commands that you do not suffer any of these ships or any part of their cargoes to be
disposed of or converted to any use whatever, but that they may be kept and preserved
entire for the benefit of the owners in case H.M. shall think fit to order them to be
restored. And if any part of the cargoes shall have been disposed of, it is H.M.'s pleasure
that the profits arising thereon should be kept in the same manner till H.M.'s further
pleasure shall be signified to you and that you should, if it be necessary, take proper
security for the same. I am also to acquaint you with H.M.'s pleasure that you should
transmit to me to be laid before the King a particular account of all the vessels that may
have been taken from the subjects of any foreign power by your order or appointment
or that may have been brought into any of the islands under your government since the
time that you have been governor of the Leeward Islands. H.M. expects your ready
compliance herewith and that you will with the utmost expedition transmit the accounts
required. Draff. 5 pp. [CO. 152, 44, fos. 102-105^; entry in CO. 324, 37, pp. 52-55.]

258 Governor Gabriel Johnston to Council of Trade and Plantations.
April 30. Your letter of 1 1 November came lately to my hands. There was a

" ar< full account of what passed between our commissioners and those of
South Carolina relating to the boundary line in the minutes of council from 25 March
to 25 June 1735, but as you ordered a particular account of that matter I confess I was

128 STATE PAPERS COLONIAL

in the wrong in neglecting to send an extract from the council books. I have now
ordered the commissioners to prepare a draft of what they have done, which I shall
transmit to you by the first opportunity. The running of this line is far from being
completed. The commissioners were put to great charges and endured vast fatigues.
Our assembly refuse to pay them anything and are very positive it ought to be done at
the charge of the crown. The manner of running it is agreed upon by both colonies but
it cannot be put in execution until it is determined who are to pay the commissioners.

It is a great misfortune to everybody concerned in the government here that the
Attorney-General has not after so many years made his report concerning our laws. If
they are found to be good and valid notwithstanding the want of so essential a condition
as the approbation of the board of proprietors and the publication of that approbation
at the next biennial assembly (which is Mr. Smith's objection and mine), H.M. will
have very little to do in this province. For they have taken effectual care to make them-
selves independent both of the king and the lords proprietors. And as to private property
they may rob orphans and cheat strangers and have these laws still on their side. Even
now when we have a Court of Exchequer we cannot get justice done to the crown
except in such cases where we can proceed by English bill. Every juror is a tenant of
the crown and will never find for his landlord. They imagine besides all this that they
have a governor and every other officer who will not betray H.M.'s interests in their
power It is only [necessary] as they reckon to send home a number of complaints and,
let the charge be never so untrue, improbable and contradictory, they are sure they
cannot in this country be at a loss for affidavits in what number they please.

I ask pardon for never having yet sent you an answer to the annual queries transmitted
me from your board. Before this time I should have been able to send you some speci-
mens of the finest products of the South of France and Italy, which with a good deal of
charge and expense I have begun to raise in this country, but have been pretty much
retarded by the opposition and murmurs which all regular governments will meet with
in this province unless most vigorously supported from home. I shall, however, soon
send a particular answer to these queries and hope to be able at same time to show you
of what improvements this country is capable if duly encouraged.

I have heard much from some gentlemen lately come from England of a design to
send an independent company into this province : it would be a great happiness to this
country if H.M. would be so good as to do it. I am satisfied, until it is done our assembly
will never build one sufficient gaol in the province nor put the militia in any tolerable
footing; and how goverment can be maintained or the lives and properties of the subjects
preserved where the militia cannot be raised nor the persons of malefactors and debtors
secured I leave to your speedy consideration. This is literally the case here and if not
soon remedied must have fatal effects. In case such a company is sent here I beg I may
have a commission to be captain of it. I should not solicit for it if I was not certain that
H.M.'s service cannot be so effectually promoted here by any other person's having it.
I must also represent that though I have been now governor of this colony four years
and have the name of a salary of iooo/. sterling yearly I have not yet been able to com-
mand zoo/, sterling though 1 have endured a great deal of fatigue and trouble and lived
at a very great expense. The currency is at present so very bad that it is impossible out
of my salary to procure from England such things as are absolutely necessary for living
here with common decency. I must therefore beg you to consider my present mean
provision when any proper occasion such as this shall offer. I wish you would also con-
sider what the receiver-general has represented to you as to the exchange of the currency
into sterling money. All H.M.'s officers have been great and willing sufferers by it in
order to make the payments of the arrears of quitrents more easy to the people, but the

Z6o] AMERICA AND WEST INDIES 1737 129

full exchange ought certainly to be taken for the future and it would look best if that
was done by your express command. Signed. 2.% pp. Endorsed, Reed. 19 September, Read
21 September 1737. [CO. 5, 295, /0.r. 97-98^.]

259 Charles Dempsey to [? Harman Verelst]. The Trustees may think my
[? April 1 ] expenses at St. Augustine somewhat extraordinary but they must

consider that all things there are at a most extravagant rate by reason they have nothing
but what goes from the English colonies: flour is from 40-4 5 s. sterling per barrel, butter
i\\d. and sometimes i^d. per pound, cheese ditto, salt beef and pork the same, candles
i j</. per pound, wine 3-r. <)d. per bottle, a fowl jj. and often js. 6d., all fresh meat and
fish in proportion. There is there no furnished lodgings, so was obliged to take a house.
The launch's hire going over the bar 40 pieces-of-eight, coming back the same. In fine,
sir, a common soldier has half a crown a day, a trooper $s. and yet are starving half the
year. I was obliged besides all this to apply a great deal of money for intelligence to all
sorts of ranks and to generously gratify the persons that conveyed my letters unknown
to the governor to Mr. Oglethorpe. When first I went to St. Augustine I had Major
Richards and seven more persons to maintain until wind and weather permitted their
return. The Major came back with Mr. Horton and their servants and lived with me
until I made up that breach which you have undoubtedly heard of, and returned with
them Don Pedro Lamberto Rotinello and Don Manuel Gonsales de Arcy. Mr. Ogle-
thorpe thought fit to send me back with the Spaniards to St. Augustine where I re-
mained very ill as well as uneasy at the arrival of a detachment of 1 80 men from Havana ;
in that occasion I employed all 2 . . . left no stone unturned to bring the 3 . . . Mr.
Oglethorpe's instructions to an accommodation, which succeeded as by him ordered.
For I came back again to Frederica with Don Antonio de Arredondo, Don Juan de
Castilia, both officers of the garrison of Havana, the first engineer-in-chief of that place,
who brought a letter from Don Juan Francisco Guemes y Horcasitas, governor of
Havana and captain-general of Cuba; with them came also the governor and captain-
general of Florida the same Don Manuel Gonsales de Arcy. Some days after the return
of these gentlemen to St. Augustine, on a letter Mr. Oglethorpe received from Don
Francisco del Moral Sanchez y Villegas, governor of St. Augustine and captain-general
of Florida, he was pleased to send me with final instructions there which I executed to
his satisfaction as he was pleased to tell me. You must remark, sir, that from 22 February
until my coming back to Europe I was always going and coming to and from St.
Augustine or there. I shall not take up your time with the rehearsal of the several dangers
I went through but must tell you that I am too much a man of honour and too well-
born to misapply any of the trust money, in so much that I neglected entirely my own
affairs to do their's. Signed. 2 pp. [CO. 5, 6395/0. 193, 193^.]

260 John Brownfield to Trustees for Georgia, enclosing list of the lots
May 2. and improvements in Wilmington tithing, Derby ward, with remarks

and likewise copies of several leases which are referred to in the said
list. I shall proceed after the same manner with respect to all this township and intend
to transmit such lists and papers to you as fast as they are finished. If my method is
defective I hope you will set me right.

Some time since I saw an English newspaper by which the colony of Georgia was
represented in a very unjust though glaring light; and finding it nowhere contradicted

1 Egmont Diary, II, 395 ; Georgia Records, II, 194.

2 MS. torn.

9 XLIU

130 STATE PAPERS COLONIAL [260

I supposed you had permitted (if not ordered) the paragraph to be inserted. It does not
at all become me to censure your proceedings and I believe that what I am going to
say will not be understood in that sense. I rather hope you will judge of it as coming
from one who by the injunctions you have laid upon him is under the strictest obliga-
tions to write truth. I have not the above-mentioned newspaper by me and it is upwards
of a month since I read it, but yet I think I may safely venture to charge my memory
with the following particulars. 'Three townships have been settled in Georgia the last
year, viz. Frederica, Darien and Augusta'. Whereas the persons appointed to settle at
the place designed for Augusta are still in Savannah : they are preparing to go up thither
and may probably set out next week. 'Trade is like to flourish in Georgia'. I cannot
conceive how it should till some product is raised or (at least) till the inhabitants of
Georgia are able to maintain themselves in food, which they fall very short of at present.
Indeed if cash was plenty amongst the people they might propagate a trade for some time
notwithstanding the want of a product. But it may be said that the colony already
produces lumber. However this is saying nothing unless we could supply the West
Indies as cheap as our neighbours can, and that I believe we shall never do unless
greater numbers of servants are sent over and those more fit for labour than the generality
of ours are. It may also be said that the Indian trade is fixed here, but the province has
received very little benefit from it, nor can receive more till we are able to furnish the
traders with goods. This we have never yet done but in a weak and imperfect manner
for want of proper sorts and quantities from England; and therefore the Indian trade
is carried from us to Carolina.

'Several vessels have loaded from Savannah'. This gives mankind a great chimerical
idea of our improvements. It is certain that two or three vessels have been loaded from
hence and Mr. Williams who furnished lumber for that purpose can best inform you
how much he lost by paying demurrage for two vessels which lay in our river whilst
great part of the stuff was sawed. The loading vessels from Georgia with lumber is no
proof of the improvement of this colony because a few pair of sawyers may do the same
from any uncultivated woody part of America. I believe Mr. Lacy of Thunderbolt has
furnished more sawed stuff for exportation than all the inhabitants of Georgia besides ;
his land bears excellent timber and lays very convenient for water carriage. He has 10
or 1 2 servants most of whom have proved good, but the greatest part of them will be
out of their time this summer; and how can his improvements continue (I will not say
increase) if he has not other men in their stead ? This will not be Mr. Lacy's case only,
but that of several people besides. 'And gentlemen are settled throughout the colony at
their own expense'. No one can deny the truth of gentlemen's being settled in different
parts of this province. But I believe upon examination it will be found that very few of
them can subsist independent of your support any more than some of the freeholders.
An instance of this may be seen in the Scottish gentlemen named Sterlings, who have
left their plantation upon Ogeeche River and taken a house in Savannah.

I have thus briefly mentioned to you the true state of this province with respect to
the particulars above-mentioned and am not in the least doubtful of your finding every
just report concerning the same agreeable to what I have here written. If the before-
mentioned paragraph was sent from hence (as I think there is great reason to believe) it
must be written by some person who was willing to insinuate himself into your good
opinion by representing the colony in an agreeable rather than a just light, but what
such men can propose to themselves from deceiving you I am utterly a stranger to.
Without dispute every man who has an interest here would be willing to see the colony
fully peopled and in a flourishing condition. But the way to bring those great ends
about is not by deceiving mankind with false accounts of the place and its improvements.

262] AMERICA AND WEST INDIES 1737 13!

Such proceedings may delude the ignorant but men of sense will suspect a fraud from
them. The extravagant representations which some unthinking people have made in
favour of this settlement were more hurtful to it than the scandalous reports of all the
opposite party; for every untruth which is detected in the latter cannot but redound to
the credit of Georgia whereas the least falsity on the other side must turn to its shame.

I cannot help thinking that I discharge my duty better by acquainting you with the
real state of affairs here than I should do by making encomiums on the place which will
not admit of one half the fine things that are frequently said. Nor does it deserve the
aspersions that are thrown on it. I ought not to say that Georgia is now a place of great
trade abounding with many improvements, but it may in time very well deserve that
name. In my belief the colony was never yet so low as at this time. The necessities of
the people are so very open that every stranger who comes hither must see them in the
most plain undeniable manner. Public credit is indeed at a stand since your storekeeper
has not cash to pay even the poor workmen who laboured on the fort. Your magazine
has been a considerable time out of provisions and now I am afraid there is not a piece of
meat left. The people's wants are so great that if a boat should come with provisions
hither I believe the whole town could not purchase it, and I wish that hunger may not
bring distempers amongst us more fatal than the sword of an enemy. Some of our best
workmen are beginning to leave the place in order to get employment in Carolina and
by that means prevent their families from starving.

These are truths too severely felt to admit of any softening and it would be un-
pardonably base at this crisis to disguise our indigency or conceal it from you who only
ought to be acquainted with it. If such great improvements have been made here and
the colony is so flourishing as our public papers would persuade us, how comes this
general want ? Oh, may those who sent you that soothing paragraph feel the effects of
it with us and not like wretches abandon a place which they have bestowed such fine
speeches on. The fort is now left unfinished though abundance of time has been bestowed
on it and the wood work is almost done; but there are no guns mounted nor is any
trench dug round it. So that the place which was intended for our security against an
enemy may now be made use of by the foe against us. Signed. $\pp- [C.O. 5, 639, /w. 271-
^~|^d\ duplicates at/oj. 279-280^ and 345-346^; the last is endorsed, Reed. 21 September
I737-]

261 Petition of Joshua Sacheverell in behalf of himself and others to the
[May 3.] Council of Trade and Plantations, praying that they may be heard on

the subject of their petition for a grant of land in Nova Scotia. [See No. 201 i.] i p.
Endorsed, Reed., Read 3 May 1737. [C.O. 217, j,fos. 223-224^.]

262 Elisha Dobree to Trustees for Georgia. In our present circumstances
[May 3.] there seems to be a dark cloud over us and most of our people are cast

down at the thought of what they expect to be. I do all I can to strengthen the faint-
hearts and those knees that are weak, to keep well and make them walk and I hope my
endeavour will not be in vain. You may easily know that when people are driven to
poverty, distress or expectations of etc. they will drink when they can get it to keep up
their courage, for we always have observed that the people in England will either be
quite forlorn without hopes or mad with liquor. Now to bring them to a proper medium
would be to give them sound and strong reasons to hope for better times and by degrees
to humour them with proper notions such as are the most useful to them. You may
think what you please of me and though I have been obliged to drink both with the
Darien and our people here I hope you will not be displeased with what I shall now say:

1$ STATE PAPERS COLONIAL [263

that I hope you will endeavour to give greater encouragement for people to come here.
Those at Purrysburgh do exceeding well there, and without negroes and something of
the Carolina way we shall not do well here. Those that have experience are the best
judges. We will endeavour to cultivate yearly cotton, and for which we are offered
ready money by Mr. Ellis of Philadelphia : that and hogs (fish we have plenty) will be the
staple commodity of this place, the next will be vines for which we have no plants,
which we desire you would oblige us with what you can. I have no spare time to stay till
to-morrow to write you in a sober way for our people are almost mad and I am obliged
to drink with them in order to keep them up. Let me say only this, whether you will
lose this colony for want of provisions or will you not support a people who are willing
to support themselves by the help of those who have the power to help them. I am afraid
of a mutiny and therefore am obliged to leave off. Signed. PS. I beg you would do some-
thing for my family and enable them to come here. I would not desire them to be here
if I thought it would not be good for them. In all places we must meet with trouble
and this world with its attendants has been and will always be a troublesome place, but
we must endeavour to make it the best we can. I once more beg you would give all due
encouragement to those that are industrious and endeavour to strive. I hope our labour
will not be in vain and that you will, if you see that we are industrious, endeavour to
help and forward us in so good and laudable undertaking. If people desire to be en-
couraged it is those that are the most industrious and I will venture to hope you will
not discourage them. PPS. Since the above we are resolved to stay here as long as
possible if you will please not to see us want. E.D. 2 pp. Endorsed, Reed. 3 May 1737.
[CO. 5, 639, fos. 178-179^.]

263 Minutes of meeting of Trustees for Georgia. Received, receipt from
May 4. the bank for io/. paid in last board by Mr. Burton. Mr. Paris reported

Palace Court. ^^ ^ c ounc ji o f T ra d e and Plantations have appointed izth inst.
for hearing the complaints of South Carolina against Georgia and of the Trustees against
South Carolina, i p. [CO. 5, 687, p. 15.]

264 Alured Popple to Francis Fane enclosing six Acts passed in Barbados
May 4. in 1736 and 1737 for his opinion thereon in point of law, vizt. Acts

for further provision for the President's table; for encouraging
Thomas Sainthill in his projection of a machine for skinning coffee; for better ascertain-
ing the gauge and tare of cask; to prevent export of clay; to remedy hardships by fore-
stallers, ingrossers and regrators ; to enable assignees of debts to commence suits. En fry.
z% pp. [CO. 29, id, pp. 64-66.]

265 Benjamin Martyn to Thomas Causton. The trustees named in the
May 4- trust-grant are to put the bearer, John Warwick, in possession of a

ce< town lot in Savannah. If none is vacant, they must give him 50 acres
in the most convenient part of the province nearest to Savannah. En fry. \ p. [CO. 5,
66 7> fo. 16.]

266 Order of Committee of Privy Council for Plantation Affairs, referring
May 5. the following to Council of Trade and Plantations. Signed, W. Sharpe.

Seal, i p. Endorsed, Reed. 18 May, Read 24 May 1737. Enclosed,
266. i. Petition of Alexander Skene and James Abercromby to the King, 19 April
1737. Petitioners were commissioned by the late governor of South Carolina to
settle the boundary between North and South Carolina, which after many con-

267] AMERICA AND WEST INDIES 1737 133

ferences was, through the friendly interposition of Governor Johnston of North
Carolina, finally performed. The government of South Carolina thereupon appointed
the petitioners to run a line pursuant to the articles agreed and to mark trees, the
better to ascertain the boundary and to remove disputes that might otherwise arise
in collecting taxes and quitrents. Petitioners made provision for the expedition in
men and horses, with great expense to themselves. They proceeded to the mouth of
Cape Fear river and continued for the space of seven weeks with extraordinary
fatigue running the said line, most of that time through desert and uninhabited
woods, in many places absolutely impassible until cleared; added to this many
large and rapid rivers had to be passed by the assistance only of large trees cut down
and dug for that purpose. The lieut. -governor and council of South Carolina,
thinking an allowance of one guinea per day for each of the petitioners reasonable
for their fatigue and personal services, their expenses in provisions, attendants and
horses, allowed them besides, the whole amounting to about 3oo/., laid the same
before the lower house of assembly; but notwithstanding many applications could
procure only about jo/, for the whole, which did scarce more than make amends
for the horses lost in the several expeditions. The governor having no fund at his
disposal to satisfy petitioners, they are without relief and ask for directions that they
may be given full satisfaction. Copy. 2^ pp. [C.O. 5, 365, fos. 211-214^.]

267 Same, (i) referring to the Council of Trade and Plantations Lord

5- Baltimore's petition; (2) referring back to the Council of Trade and

Plantations in the light of Lord Baltimore's petition their report on
the representation of John, Thomas and Richard Penn recommending George Thomas
to be deputy or lieut. -governor of Pennsylvania and the three lower counties of New-
castle, Kent and Sussex, for reconsideration; (3) referring to Council of Trade and
Plantations a petition of the president, council and assembly of Pennsylvania relating
to a boundary dispute with Maryland and complaining of several acts of violence
together with Lord Baltimore's answer thereto. Signed, W. Sharpe. Seal. z\ pp. Endorsed,
(i) The petition from the president and council of Pennsylvania with Lord Baltimore's
answer and with nine other papers were returned with the Board's report of 3 June
1737. (2) Reed, ii May, Read 12 May 1737. Enclosed,

267. i. Petition of Charles, Lord Baltimore, to the King. The three lower counties,
Newcastle, Kent and Sussex, are properly part of Maryland but since King James
IPs time have been governed by the governor of Pennsylvania. The people of
Pennsylvania have surveyed and settled lands in Maryland contrary to an agreement
made in 1723. An agreement in 1732 to settle the boundaries lapsed through non-
performance. Being fully convinced that it was to no purpose to make further
treaties with the Penns, the petitioner sought royal confirmation of his title to the
three lower counties. The Penns thereupon began a suit in Chancery now depending
claiming that the agreement of 1732 was still in force. Last November a sheriff of
Pennsylvania entered Maryland with 40 armed men to arrest Capt. Cresap and
burned down his house, murdering, wounding or carrying off the inhabitants. The
governors of Pennsylvania make a constant practice of taking up inhabitants of the
three counties to Philadelphia to be tried in the courts there notwithstanding the
counties have a separate legislature from Pennsylvania and ought to be subject only
to their own laws.

The proprietors of Pennsylvania have lately petitioned for royal approval of
George Thomas as deputy or lieut. -governor of Pennsylvania and the three counties.
Petitioner prays that no one shall be appointed governor over the three counties on

IJ4 STATE PAPERS COLONIAL [268

the recommendation of the proprietors of Pennsylvania but that till the dispute is
settled an indifferent person be appointed or at least that if Thomas is to be governor
of the three counties he shall be appointed by royal commission directly, that all
matters arising in those counties be triable there and not in Pennsylvania, and that
directions be given to prevent disturbances or molestations. Copy, j pp. Endorsed,
Reed, with the reference from the Lords of the Committee of Council dated 5 May.
Reed, ii May, Read 12 May 1737. [CO. 5, 1268, fos. 282-287^.]

268 Council of Trade and Plantations to Committee of Privy Council. We

5. have considered Mr. Zouberbuhler's petition referred to us by your

order of 26 January last. We have been several times attended by Mr.
Zouberbuhler and he has produced the extract of his proposals to the lieut.-governor
and council of South Carolina by which it appears that in 1735 he proposed to bring
over 100 Protestant Swiss families and desired that one year's provision with the
necessary cattle and tools might be allowed to the said families at their arrival as was
granted to the people transported by Col. Purry. He further desired that the warrants,
plots and grants might be given to his people gratis, that the township on which his
people were to be settled might be shown to him at the charge of the province, and that
he might have the liberty of choosing a township on Santee River. He likewise promised
to bring over 200 families more without charge to the province when the first 100
should be settled and able to subsist from their own product.

After having spent some time in viewing several places in consequence of this
petition and having been taken ill, he found it impossible for him to transport to Carolina
the said 100 families in the time he at first proposed and therefore in July 1736 he again
presented a petition to the lieut.-governor and council explaining some parts of his
former petition and praying that lands might be set out and reserved for 100 families of
foreign Protestants which he was willing to import and settle in South Carolina provided
that one year's provision and a proportion of cattle and tools should be allowed them
at their arrival. And it appeared to us by an authentic copy of a minute of council of 17
July 1736 that the council granted the prayer of this petition, allotted the township of
New Windsor formerly called Old Savannah upon the Savannah river for the reception
of the said 100 families, and limited the time in which Mr. Zouberbuhler was to fulfil
the terms of his petition to October next.

Some accidents which happened in Mr. Zouberbuhler's passage to England having,
as he represents to us, occasioned the loss of so much time that it will be impossible for
him to comply with the terms of his agreement in which, should he fail, the lands now
reserved for the settlement of his people might be granted to others, he desires that the
time wherein he is to make the proposed settlement may be prolonged for two years
from October next and that the 48,000 acres of land which he has petitioned for as an
encouragement for his service may be set out before ist October next and that he may
possess them free from quitrents for the first 10 years, at the expiration of which he is
willing to pay the quitrents reserved by H.M.'s instructions of 4-f. proclamation money
for every 100 acres. He has likewise desired that the governor of South Carolina may
be directed to recommend it to the assembly that when he shall have introduced the 100
families mentioned in his petition he may be allowed 28oo/. Carolina currency as was
allowed to Col. Purry in the like case.

As 100 families is an unlimited number we have desired Mr. Zouberbuhler to fix
what number of persons he means thereby, and he informs us that he is willing to
introduce the same number of persons Col. Purry did, vizt. 600 including 50 families
which he affirms are already arrived there on his account in the space of two years from

Zjo] AMERICA AND WEST INDIES 1737 *35

i October next provided H.M. will grant him 48,000 acres of land free from quitrent
for 10 years and a recommendation to the assembly for zSoo/. Carolina currency as
mentioned in his petition.

As the safety of this province does only consist in the number of its inhabitants and
as Mr. Zouberbuhler has offered to introduce in much less time the same number of
persons Col. Furry did, we do not see any objection why H.M. may not grant the prayer
of his petition except with regard to the z8oo/. he prays for, provided the land in question
be not already granted to any other persons. And if you shall be of the same opinion
we propose : that the commander-in-chief of Carolina may be instructed that the town-
ship of New Windsor may be reserved for two years to commence from October next
for the settlement only of such persons as shall be introduced by Mr. Zouberbuhler;
that the 48,000 acres of land petitioned for by him may be set out as he desires, one half
within the six miles to be reserved round the said township for the use of its inhabitants
and the other half contiguous thereto but that no more of the said 48,000 acres be given
to him before the completion of his proposals than in proportion to the number of
persons he shall from time to time import. Entry. Signatories, M. Bladen, Richard Plumer,
Orlando Bridgeman, Arthur Croft. -j\ pp. [CO. 5, 401, pp. 209-216; draft in C.O. 5,
381, /0.r. 240-245^.]

269 Harman Verelst to Thomas Causton. The 29th of last month the
May j. Trustees received your letter of 10 February 1736/7 with the copies

therewith and much approved of your answer to Lieut.-Governor
Broughton's letter. On 3rd inst. they received your letter of 24 February 1736/7 with
the copies and list of the tithings therewith enclosed. Your reasons for not sending into
the Indian nation to invite the Indians down at this juncture are very well stated and very
just and the Trustees are fully satisfied with your endeavours for the public safety. They
have ordered the payment of those bills you drew on Mr. Oglethorpe after having heard
your letter read for what they were drawn. The Trustees hope that the Spaniards'
designs will not be executed but defeated by the early notice, the stationed ships and the
people's courage, crowned with the Almighty Protection who has hitherto preserved
so many embarkations and the colony itself from the many alarms it has heretofore
been under. Entry. PS. Mr. Oglethorpe would have written to you but he is so much
hurried he could not. Samuel Lacy's wife and family come by Capt. Coe. Let Mr. Lacy
know it that he may fetch his wife from Charleston. He is to repay you the 1 5/. for their
passage, the io/. advanced her by his desire, and 2/. zs. more on her going on board
yesterday. \ p. [CO. 5, 66j,fo. 16.]

270 Extract of letter from Rev. Samuel Urlsperger to Henry Newman.
May 6. By yours of i February and the enclosed copy from Mr. Martin I

arg ' observe that the Trustees can send no more Salzburghers to Georgia
at present and that the Society is not able to engage themselves for a new transport and
therefore they acquainted me with the resolution that once for all they would send to me
4o/. sterling to be employed for the service of the Salzburghers as in their letter to me
directed. Although the Salzburghers in Ebenezer wish very much for a new transport
of 100 persons and that the number of 300 might be near completed especially to the end
that they might have more single women to marry, yet because of the resolution for
reasons mentioned we ought to acquiesce in hopes that when God pleases to send
more money the Trustees as well as the Society will resolve upon a new transport. I
wish very much the Trustees had answered something in favour of the succession of the
female sex concerning the lands. And I beg if the Society approves of it to recommend

1^6 STATE PAPERS COLONIAL [271

it earnestly for my sake again to the Trustees. I beg the Trustees that are members of the
Society to return my thanks to the whole body of Trustees for all their favours hitherto
shown to the Salzburgh emigrants and to give me leave to intercede still for them that
they may be provided with all spiritual and temporal necessaries and be looked upon
constantly as children of our heavenly father exiled from their temporal habitation,
according to my promise given in the name of the Trustees and the Society to all three
transports, the one as well as the other; likewise that the third transport may live with
the two former in one town and share alike with them as they have been promised here;
and that the two first transports may still remain particular objects of extraordinary pity
and charity in every respect as their faithful and (as I hope) approved ministers, Mr.
Bolzius and Mr. Gronau, by their letters have acquainted the Trustees and the Society
with their urgent necessities and will do for the future as occasion requires. Reading
lately in the newspapers that the Parliament has allowed 20,000!. anew for the benefit of
Georgia I was so much the more glad of it because I certainly believe that my Salzburgh
children at Ebenezer will partake of it ; and if they get some of it, which I doubt not, it
will bring a blessing upon all other colonists since they and their ministers do earnestly
pray for the colony and for the Trustees and God's word doth not lie which says 'The
fervent prayers of a righteous man availeth much'. Copy, examined by Henry Newman.
z\pp. [CO. 5, 639, fos. 348-349-]

271 Petition of William Shirley to the King in same terms as No. 60. 2 pp.
[May 6.] Endorsed, (i) Referred to Council of Trade and Plantations, Whitehall

6 May 1737, Holies Newcastle, (ii) Reed., 13 May, Read 17 May 1737. Enclosed,

271. i. William Shirley's commission to be advocate-general in the vice-admiralty
courts of the provinces named in No. 60 above. 26 September 1733. Copy. Signatories,
Samuel Hill, register, William Browne, deputy register, John Drake, clerk to Mr.
Paris. 2 pp. Endorsed, Reed, from Mr. Paris, Read 18 May 1737. [C.O. 5, 879, fos.
146-149^.]

272 Minutes of meeting of Trustees for Georgia. Mr. Paris attended with
May 7. the Trustees' representation to the Committee of Council on the

petition of Sarah Watson as settled by the Attorney-General, which
was read. Resolved, that Mr. Paris procure the Attorney-General's opinion whether by
this representation the Trustees subject themselves either in this or any future com-
plaints from Georgia to be considered as parties to such complaints, and whether this
representation from the Trustees is introductive of the admitting appeals in criminal
cases from Georgia, i p. [C.O. 5, 68j,p. 16.]

273 1 William Horton to Thomas Causton. I should think myself guilty of

May 7. a crime which I abhor, that is ingratitude, if I do not always acknow-

ledge the great friendship you have shown me in your last letter. My
life for two months past has been a continued scene of uneasiness and every stranger
that has been here must think of this place just in the light that Martin represented it.
It is certain that some of the freeholders have threatened to nail up the guns, to seize
the periaguas, to put the storekeepers in chains ; nor has one day scarcely passed in which
both Mr. Auspurgur and myself have met with the greatest abuses.

In a former letter I told you in how friendly a manner Capt. Gascoigne had behaved
towards the inhabitants of this town in offering a supply of four months' provisions in
case the communication between you and us should be cut off or upon any other

1 Sent by T. Causton to Trustees for Georgia and read 24 November 1737. ( Egmont Diary, II,/>.449.)

273] AMERICA AND WEST INDIES 1737 X 37

occasion whatever to assist us to the utmost of his power, for which he has been very
heartily abused, even threatened to be knocked down as he was going into his boat.
Upon a letter which I received from Capt. Gascoigne soon after the first accounts you
sent us of the Spaniards' intentions, telling me he could not be ready to sail till I could
supply him with a periagua or some large boat to carry off his provisions, I asked Mr.
Lawley if his boat could be spared (no other boat of any kind being here at that time).
He told [me 1 ] he had no use for her but was ready to go in her himself upon any service
that I should think proper [to 1 ] send her: upon which I ordered her down to Capt.
Gascoigne where after he had used her but two [days 1 ] she was caulked and refitted, new
oars put into her and sent up again to this place, for which I have had a great deal of
Billingsgate language from Mr. Wilson and his wife and was the only motive I could
find out why Mr. Hawkins would call a court. He was prevented in his first design by
Mr. Delegal ordering him down to the fort to attend one of his men but on 25th of last
month whilst [I 1 ] was at Jekyl he called a court which was opened with a charge of
felony against me for having stolen Mr. Wilson's boat. Mr. Lawley hearing the charge
affirmed he had a half share in the [boat 1 ], that he had lent the boat, and at the same time
advised Wilson of it; upon which the court pleased not to pass sentence upon me as a
felon but am informed ordered the matter to be referred to two men to settle the damages
I was to pay.

I was last night informed by a late adherent to Mr. Wesley that letters have been
lately sent by him to some of the freeholders here advising them to be steady and abide
by what [they 2 ] had said of me and to be sure to prove it when called upon. He wrote
me word sometime since that he should demand justice from the Trustees against Wm.
Horton, Esq., Commander of Frederica. As to what the formal fellow says or writes
about me, I despise; but he may gain his ends in keeping this place in a continued scene
of uneasiness if his stuff is suffered to pass current among people, many of whom are
ready to mutiny without any sacerdotal assistance.

I sent to the magistrates, constables and tithingmen and asked them if any complaint
lay before them or what other reasons they had for calling a court at a time when we
had reason to expect we should have business enough upon our hands to deal with the
Spaniards. They knew [of 1 ] no complaints but Mr. Hawkins said he did not doubt but
they should have business as well . . . 2 they had at Savannah.

Mr. White informs me that Mr. Hird, Cannon and four or five more of the free-
holders intend to go to you to know the reason why they were not better supplied;
White asked them what they were in want of, they had 6 Ibs. of beef every week and a
full allowance of rice instead of corn and molasses in proportion. It appeared Mr.
Cannon wanted shoes but could not find one thing more to complain of. The whole
allowance of all provisions will be given out in less than six weeks. I therefore will as
soon as Capt. Gascoigne returns off his cruise to the southward, which I fancy will be
in a week or ten days, wait upon you for one day to show you the accounts of this
place and Darien and to be advised in what manner the people are to be supported.
They all promise very fair and will I hope perform as well. Capt. Gascoigne had a letter
from the Trustees' secretary full of compliments and Mr. Vernon in a letter to his son
tells him he will be soon removed into a bigger ship. Stewart has 20 pipes of wine on
board and will set out for Savannah to-morrow. Smith is taking in some timber which
is to be sent to Mr. Delegal's ; when he returns he shall have 20 more put on board him.
We have no beef in the store but the cattle are in good order; we have upwards of 20

1 Edge of MS torn; supplied from Georgia Records, Vol.

2 Document torn.

138 STATE PAPERS COLONIAL [274

steers fit for killing. I have not had any beef out of the store upwards of three months
for my people, I can get enough for myself from Capt. Gascoigne but the scout-boats
will want very soon. I know not how to form any judgment of the alarm that happened
at Darien. It is certain a shot was fired in the night and that everyone of Mr. Mackintosh's
people were within the fort at the time, the sentries affirm they saw seven men, four of
whom went under the cover of the bushes one way and three another. Several shots
were fired from the fort and one of the Scotsmen told me he believed he wounded one
of them. They could not distinguish whether they were white men or Indians. Copy.
\\pp. [CO. 5, 639, fo. 351,

274 William Williamson to [PHarman Verelst]. I should have thanked
May 8. you earlier for the trouble you took in my behalf before I left England;

but finding after my arrival here that you were very much deceived
in the account you gave of the state of this province I chose to defer till I had seen a
little further into the nature of this place and become better acquainted with men and
minds. First, then, in regard to the boy or servant you procured me, he has been of
little or no service to me; and as to the employ for which he was intended, clearing of
land, you may for the future assure any person who is inclinable to come to this province
that the lands are exceeding kind and profitable yet at the same time please remind them
that they require not only industry but also strong and able working hands to clear
them, which (if not servants) are excessive chargeable here. Had I not known better
how to handle a pen than an axe I and my boy might have starved. Further, in regard to
the allowances made to me by my friends for provisions and building which (if I mistake
not) were calculated by you and said to be such and of the same value with most people's
in this province : though the building of the first 40 houses was rated at no more than
2o/. sterling, they are now reckoned worth much more and no one will build the like
under 4o/. As to provisions, I find them such as the Trustees generally allow to their
servants. I have not yet had to make use of either allowance.

I do not repeat these things to upbraid you and I know your intention to keep
luxury and idleness out of the colony. If for the future you made a small difference in
calculating provisions between master and servant the obligation of the master would
be the greater. On asking my sister in London why she had provided me with such
ordinary linen, bedding etc., she told me if the linen was finer Mr. Oglethorpe would
take it from me; and as to bedding it was as good as the parson had (the last mistake is
on the right side for the parson being a strict primitive lies on the ground) : I think she
said you were her informant. I trouble you with my trifling affairs to enable you to give
a more perfect account of this place to others. Signed. PS. I beg you send the enclosed
to my sister. i\ pp. [CO. 5, 639, fo. 353, 353^.]

275 Lieut.-Governor George Clarke to Council of Trade and Plantations.

May 9. The assembly, having entered into the consideration of the deficiencies

New York. r . , . ., , r ,

or the revenue, came on 27 April to some resolves, short or the sum,

foreign to former practice and very injurious to H.M.'s just authority, which obliged
me on 28th of the same month with the unanimous advice of the council to prorogue
them to 3 May, the council having before adjourned to the 2nd, and then by the same
unanimous advice to dissolve them. The method they took was thus : after having ex-
amined the treasurer's accounts and a list of the warrants unpaid that had been drawn
on him, and having computed what they supposed would become due on i September
next, they then mentioned such warrants as they would pay and such sums for future
services to i September as they thought fit, and then resolved that those and those only

275] AMERICA AND WEST INDIES 1737 X 39

should be paid and ordered a bill to be prepared for that purpose. By those resolves a
warrant unpaid to the auditor-general for auditing the treasurer's account from March
1733 to September 1735 amounting to 28i/. 17-1-. 6\d. is wholly rejected; no provision
is made for the clerk and doorkeeper to the council, as they now sit as a distinct house,
and but one half of the governor's salary provided for.

These resolves will appear more extraordinary if it be considered that by the King's
instructions and by the Revenue Act too, all the money arising by it is to be issued by
warrant signed by the governor with advice of the council; for they would now even
break through a law of their own making and take upon them to appropriate the revenue
by bill, they would deprive H.M. of his just right of having his revenue accounted for
to him, and the auditor-general of his fees established above forty years ago and ever
since paid, and subject the governor and every officer in the government to dependence
on them. This is what they formerly attempted in 1710. But neither Governor Hunter
nor the council would submit to any such appropriation, so that the government
remained for two or three years without any support. And I do assure you that I will
starve ere I give in to things so derogatory to H.M.'s honour and so injurious to his
interest and service. The crown officers are already but ill looked on by the people and
hardly escape censure in doing their necessary duty; and if ever they should be subjected
to the power of the assembly the government will have but little good to expect from
their services. I have ordered writs to be issued for a new assembly to meet 1 5 June. I
send you the resolves mentioned.

What the next assembly will do is not at this distance to be guessed at, I hope the
best. If they come with dispositions to consult the interest and prosperity of the province,
they must come too with resolutions to support H.M.'s government in the like manner
that it has hitherto been supported; for I have told them they must go hand in hand;
then they may expect from me all things that by H.M.'s instructions I am allowed
to grant them. More than that I cannot do. I presume you will be of opinion that if I
have anything in my power that I may make use of to bring the assembly to reason, I
may do it when I have the opportunity and they give me occasion. On this supposition
I beg leave to acquaint you that in 1714 and 1717 two Acts were passed to pay the debts
of the government and paper money issued for that purpose. To sink that paper money,
the excise on strong liquors was given and appropriated to 1739, at which time the Act
expires and there will then be about 2O,ooo/. of that money unsunk in the hands of the
people and without any fund to sink it. They must therefore give the excise for a con-
siderable number of years more or find some other fund, or the bills will be a dead loss
to those who have them. The Act cannot pass without my assent, and I hope that you
will think that before I assent to it I may very reasonably insist on their making good the
full deficiencies of the present revenue and on their giving a further revenue for a
competent number of years. As yet this is a thing unthought of, at least not talked of
by the assembly, it being at the distance of two years, and I hope in the meantime they
will come to a sense of their duty.

I am now going to Albany to meet the Six Nations, the expense whereof must go
out of my own pocket as all my other expenses have and must do, for I have not received
a shilling from the treasury since Governor Cosby's death; nor shall I till the deficiencies
of the revenue are made good. There is a necessity for my meeting and giving them a
large present at this time, both to renew our treaties and to keep them from suffering
the French to build a trading house or rather a fort in the Senecas country, which they
are now attempting to bring the Six Nations to consent to. I have already sent to forbid
them to meet the French emissary on his summons, and to require them to meet me at
Albany 21 June. I have the pleasure amidst my distresses to see quiet restored to this

140

STATE PAPERS COLONIAL [276

late distracted province and that there is a great appearance that the ensuing elections
will be carried on without reviving past animosities and with no other than the usual
struggles on such occasions. Signed. 3 pp. Endorsed, Reed. 29 June, Read 7 September
1737. Enclosed,

275. i. Minutes of Council of New York, 28 April and 3 May 1737. Copy, certified
by Frederick Morris, Deputy Clerk of Council, i^ pp. Endorsed, Reed. 29 June 1737.
[CO. 5, 105 9, /<w. 24-2 5 4 27, 2 ?4 3 2 >

276 Duke of Newcastle to Governor Jonathan Belcher. As I am informed
May 10. that Sir T. Prendergast's suit against Mr. Auchmuty is still depending

in the courts at Boston I repeat my request that you countenance the agents of Sir T.
Prendergast as far as is consistent within bringing it to a conclusion and assist them
towards the recovery of a debt which, as I am informed, has been determined to be due
by a decree of the Court of Chancery here. Draft. 2 pp. [CO. 5, 980, fos. 120-1 2 id.}

277 Council of Trade and Plantations to Duke of Newcastle enclosing
May 10. extract of letter of 25 March last from Governor Pitt desiring leave to

Whitehall. come home Eflfr ^ signatories, Fitzwalter, T. Pelham, M. Bladen, R.
Plumer. \ p. [CO. 38, 8, p. 184; original in CO. 37, z6,fo.t. 204-206 with extract from
No. 172.]

278 Alured Popple to Francis Fane enclosing five Acts [titles not given}
May 10. passed in Bermuda in 1735 and 1736 for his opinion thereon in point

of law. Entry. \p. [CO. 38, 8, p. 184.]

279 Governor Jonathan Belcher to Council of Trade and Plantations,
May io. acknowledging letter of 18 February received 22 April, and copy of

Order in Council of 9 February regarding the disputed boundaries
between Massachusetts and New Hampshire. An assembly of this province is (in con-
formity to the royal charter) to meet 25 May when I shall lay your letter with the copy
of H.M.'s Order in Council before them and carry every particular thereof so far as the
same may lie in my power into execution. I am ignorant what direction you have sent
to Col. Dunbar with a copy of the Order for him, in case of my absence, to carry the
same into execution in New Hampshire although he sent me what he said were copies
of a letter from you and of the King's Order; and to show you the sense I have of his
sending me those copies, I enclose to you the copy of Col. Dunbar's letter to me with
the copy of my answer on that head. The vexatious dispute he has been making from the
time of his commission for lieut.-governor, as to my absence from New Hampshire
when at Massachusetts, is lying before the King and on which I am waiting H.M.'s
pleasure and shall be glad to receive it. Although I take no regard to the copies from him
yet I shall pay the utmost obedience to what you have sent me ; and as I find in the King's
Order sent me for Massachusetts these words: 'Their lordships beg leave farther to
propose that letters be likewise wrote by the said Lords Commissioners for Trade and
Plantations to the Governor of the Massachusetts Bay and New Hampshire', and being
governor of New Hampshire as well as of Massachusetts, I shall take effectual care that
H.M.'s service does not suffer in New Hampshire through Col. Dunbar's hardiness in
detaining from me your letter with the King's Order. I am further to observe to you
that the packet from your office directed on H.M.'s special service to me as governor of
Massachusetts was sent me from New Hampshire by Col. Dunbar, which you must think
to be very extraordinary that the ship which brought it arrived and belongs here and yet

279] AMERICA AND WEST INDIES 1737 *4*

that the governor's packets must go to New Hampshire (and so be detained from him a
week) in order to come to him. This I suppose to be done in the way of his little crafts
purely to insult the King's governor and his superior. I am sure you would by no means
suffer anything so subversive of order and government that came within your know-
ledge. It is now about six years ago that I informed you of my having appointed Richard
Partridge Esq., of London, and my son, Mr. Belcher, of the Temple, to be my standing
agents and to which end they have my commission to act for me jointly and separately.
I therefore pray you would give orders that all your letters for the future to me be
committed to the care of those gentlemen. Signed. 4 small pp. Endorsed, Reed. 6 July,
Read 8 July 1737. Enclosed,

279. i. Lieut.-Governor David Dunbar to Governor Belcher; Portsmouth, New
Hampshire, 20 April 1737. I have received two packets directed to you as governor
of Massachusetts which I am desired to take care that they be delivered by a safe
hand. A third packet came with my name upon the direction, I send you a copy of
it, and notwithstanding the difference in the superscription from those directed to
you in Massachusetts I desire to know whether you yet persist in your being always
present here because I may govern myself by your answer before I embark which
certainly will be next week. One of the two packets relates to Mr. Greaves of Kingston
against whom I am informed there are executions from the court in the County of
Essex; a little time or delay may be that poor man's ruin. I am desired to ask your
receipt for this and to get an affidavit when and where the other was delivered,
wherefore I have desired Mr. Waldo to wait on you or to get a notary public to do
it; either will convey any letter from you. PS. Upon receipt of these letters I should
have called a council, had not you and they deprived me of my just power. Copy,
certified by Jonathan Belcher, i p.

279. ii. Governor Belcher to Lieut.-Governor Dunbar; Boston, 25 April 1737.
Mr. Waldo brought me your's of 2oth present, and I wish I could omit remarking
on your presuming to blot packets with your scralls directed on H.M.'s especial
service to his governor. By what means you intercepted these packets you best know.
I assure you I take no notice of the copy of one you have sent me but now demand
of you the original if there be such, for you must excuse me from giving any faith
to your attestations ; but if I should, yet you have nothing to do with packets primarily
directed to me for the King's service while I am either at Massachusetts or New
Hampshire. Sure you can't be so silly and ignorant as to think the direction on a
letter can countermand the royal hand and seal. I heard you had some time since a
letter directed to H.E. David Dunbar, Esq., Governor etc., which I suppose you
took as a gross affront upon you, though I heard you said upon it you had received
a letter worth 6oo/. a year; this I didn't wonder at neither. These little thin artifices
you find are not to be practised with me; and why do you worry yourself since I
told you years ago that nothing less than the royal hand that gave me my authority
should take it from me ? And should I be in any other way of thinking I should
highly abuse the goodness and honour H.M. does me and justly forfeit the trust he
has reposed in me. You say you certainly embark this week; but I'm told the gout
has got hold of your toe. I hope you won't let it prevail to stop your (talked of)
voyage. I say this because I find in your's to me of December last you were willing
I should have hindered it; and I took the main design of your humble complaint to
the house of representatives of New Hampshire against the governor to be that they
might desire you to stay. Instead of which you doubtless thought them very incom-
plaisant upon your offer of service saying If you believe I can do anything to serve your
interest in England and will be pleased to tell me wherein, you will find a grateful return front

142 STATE PAPERS COLONIAL [280

me, 1 that they should think you not capable of doing anything to serve their interest
which appears in their lean answer To thank His Honour for his kind offer?- Methinks
they might have wished you a good voyage, but perhaps they didn't believe you
was going. Yet you have carried the jest so far that I don't see how you can well
avoid it. You don't want the province's nor my good wishes for their happy riddance,
but I have had so many letters from you in six years past saying you was resolved
to go home, go home, 1 that I shall not believe it till some vessel tells me they have met
you to the eastward of George's. Copy, certified by Jonathan Belcher. 2 pp. Endorsed,
as covering letter. [CO. 5, 879, /w. 192-198^.]

280 Governor Jonathan Belcher to Alured Popple. The 22nd of last

May ii. month I received your favour of 19 January last with Samuel Graves
Boston. Q Kingston's petition (or rather complaint) to Lieut.-Governor
Dunbar against the King's governor, whom H.M. is pleased in his instructions to me to
call the representative of his royal person. 1 If that ungrateful fellow had any complaint to
make against the King's governor, why did he not address it to the governor's royal
master to whom he is undoubtedly accountable for the whole of his administration, but
by no means to his inferior officer; and how dare the lieut.-governor take cognizance
of such an affair without immediately acquainting me with it ? which was most certainly
his duty to do, and it might have prevented the fellow's perjuring himself which I
assure you he has in that part of his petition wherein he says, which judgment was stayed
by advice or order of H.E. Governor Belcher until such time as the lines might be settled. 1 The
last words in this assertion are absolutely false for I never pretended to put any positive
stop to the matter nor to do it at a time so very uncertain as the settlement of the line
might be which has been in agitation for above 60 years. Though I was always willing
to do this man any kindness I could but well knew it was not in my power to dispense
with the law or stop the course of it, currat lex being a liberty all Englishmen boast of,
nor does the King himself ever interfere with or stop the course of law and justice, but
it is one of H.M.'s glories that he rules his people according to the laws of the land.

I also believe what he says the Haverhill men told him to be an absolute falsehood
of his own, vizt. that H.E. Governor Belcher has informed them this summer that the lines
would never be settled and therefore they might again proceed with their actions. 1 The affair of
the lines, as above, has been above a 60 years controversy, and for 12 or 15 years past
to my knowledge the Lords Commissioners for Trade and Plantations have had the
trouble from several governors of many letters about them, and the borderers upon the
lines have from year to year conceived hopes that the matter would be brought to a
head, and for about seven years past when the people have applied to me I have told
them to be patient, and did two or three years ago desire the assembly of this province
to come into an order of a cessat lex till we might see further about the lines ; but the
house of representatives would by no means listen to my motion. Upon this the contend-
ing parties went again into the law well knowing no order of the governor's could
control them. However, upon the application of this Graves I gave him a letter to the
sheriff, 19 September 1734, copy whereof I enclose you, as also another letter I gave him
at Portsmouth 25 March last to the Justices of the Pleas in Essex County, a copy whereof
is also herewith. This was all I could do for this vile fellow that has made me such a
return.

What I have said and now enclose I think is a full answer to the second clause of
your letter, nor ought anything to be allowed as matter of complaint but what is sup-

1 Underlined in MS.

28l] AMERICA AND WEST INDIES 1737 M3

ported by good evidences (exclusive of the party). Turning to my letter to their lord-
ships of 13 January 1732/3 will refresh their memories of my great care and concern
for the settlement of the lines and for the peace and ease of the borderers ; and I shall
with great pleasure do every warrantable thing I can to prevent the courts of either of
the provinces under my government from intermeddling in the affairs of the other until
the lines are settled. But my Lords Commissioners will upon the most mature delibera-
tion say that the King's governor is but one part of the legislature and is neither capable
of making or abrogating laws. I verily think Col. Dunbar not only put this man upon
making his complaint but drew it for him to breathe out a little of his ill-nature and
vengeance at the governor, for ever since he has had his lieut.-governor's commission
it has been his manner to be steadily restless and his constant study to make everybody
else as much so as he could. Signed. PS. In consequence of my letter to the justices the
action against Graves is continued to the next court. 5^ small pp. Endorsed, Reed. 6 July,
Read 8 July 1737. Enclosed,

280. i. Boston, 19 September 1734; Governor Belcher to Sheriff Marston of Essex
County, asking for a stay of execution against Samuel Graves of Kingston. Some-
thing material to the boundary controversy is daily expected from England. Copy.
i small p.

280. ii. Portsmouth, 25 March 1737; same to Hon. Timothy Lindall to be com-
municated to the rest of H.M.'s Justices of Pleas for Essex County, enclosing a
petition and asking favour for the petitioner. The commissioners to run the line
are to meet i August next. It would be no great damage to have this matter continued.
Copy. % small p. Endorsed, as covering letter. [C.O. 5, 879, fos. 199-206^.]

281 Minutes of Common Council of Georgia. Resolved, that jo/, be paid

May ii. to Francis Moore in consideration of his acting as storekeeper and clerk

Palace Court. to -^ Qglethorpe from October 1735 to January 1736/7; that 2O/.
be paid to Mrs. Frances Watt out of the rent of her house at Savannah. Read, a letter of
Francis Harbin praying for some consideration for his going to Holland to procure
servants for the colony; resolved, that 2o/. be given him in full. Read, memorial of Capt.
William Thomson setting forth that, whereas John West of Savannah and Elizabeth,
his wife, have nominated him for a grant of the town-lot in Savannah late belonging to
Joseph Hughes deceased with the deed of sale annexed, he prays for a grant of the said
lot and leave to alienate it; resolved, that John and Elizabeth West have leave to alienate
the same to a person duly qualified and recommended by Capt. William Thomson.
Resolved, that 2 guineas be lent to Mrs. Elizabeth Stanley to be repaid by her husband
in Georgia. Resolved, that the Trustees will give to Mr. Wragg 6 guineas per head for
80 foreign servants to be delivered in Georgia from Rotterdam provided none be under
12 years of age or above 40. Resolved, that zoo/, be paid to Mr. Paris on account of
counsel's fees and charges of the Carolina representation. Resolved, that the charge of
the servant sent to James Haselfoot by the Peter and James, Capt. Dymond, be paid by
the Trust to be repaid by James Haselfoot. Received, certified account from Mr. Causton
to Messrs. Minis and Salomons dated 29 December 1736 before the sola bills were
received, amounting to 2i8/. 7-r. -)d. ; the same was referred to committee of accounts.

Resolved, that 50 acres in Frederica be granted to George Foster who goes at his
own expense by Capt. Thomson. Received, a bill of Richard Wilson, gunmaker, for arms
amounting to io2/. 5J-. 9^.; resolved, the accountant pay the same if he finds it to be
true. Resolved, that the remaining z<jl. of the 5o/. formerly ordered to Rev. Charles
Wesley be paid him here. Ordered, that 2jo/. be paid to Aid. Heathcote on account.
Read, a grant of 150 acres of land to Thomas Upton; sealed the same, secretary to

144 STATE PAPERS COLONIAL [282

countersign and sign a memorial of the said grant to be registered with the auditor of
the plantations. Read, instructions to John Matthias Kramer to engage 60 foreign
servants for the colony; sealed the same, secretary to countersign. Resolved, that io/.
be given to Mr. Kramer in consideration of his having waited here and his carrying the
said instructions into execution. Signed, draft on Bank of England for ajo/. A proposal
being made by Daniel M'Lachlan for engaging 100 Highlanders to go to Georgia and
that the Trustees will allow to each manservant carried over by the ten gentlemen
mentioned in the said proposal 20 bushels or five Scots bolls of meal and a stand of
arms and that the Trustees will defray his charges down to Scotland; resolved, that the
Trustees will allow to each manservant carried over by the said ten gentlemen the meal
and arms as desired but will not advance any money for the said Daniel M'Lachlan's
expenses. 4! pp. [CO. 5, 690, pp. 80-84.]

282 Minutes of meeting of Trustees for Georgia. Received by Mr. Ander-
May n. son, 4i/. i jj. (>d. at the desire of the Society in Scotland for propagating

Palace Court. Christian Knowledge to be remitted to Rev. John McLeod at New
Darien. Mr. Paris reported that the Council of Trade and Plantations have deferred
hearing the complaints of South Carolina and the Trustees against one another till
i9thinst. i p. [CO. 5, 687, />. 17.]

283 Benjamin Martyn to Thomas Causton. The Trustees named in the
May ii. trust-grant are to put the bearer, George Foster, in possession of a

Bce jo-acre lot in Frederica. Entry. \p. [CO. 5, 667, fo. 17.]

284 Instructions by Trustees for Georgia to John Mathias Kramer. You
May ii a re to acquaint foreigners who apply to you that the Trustees will

grant to each man of 21 years of age and upwards who goes to Georgia at his own
expense 50 acres of land to himself and heirs male; and to sons of 21 and upwards
(except the eldest because he is the heir) the same. To each person whose birth, honour,
reputation and ability are approved by them, they will grant 5 oo acres to himself and
heirs male, the gentleman carrying over and maintaining ten menservants, the lands to
be marked out within three months of arrival. They will grant to each manservant, on
certificate of good behaviour at the end of five years' service, 20 acres of land to himself
and heirs male.

If persons apply who cannot pay their own passage and will bind themselves to the
Trustees for five years or (if under 20) until the age of 25, you may engage as far as 60
heads. If they can repay their passages any time within six weeks of arrival in Georgia,
they will be free, otherwise remain servants as above-mentioned. No family must be
divided. Children under six remain with their parents, those of six and above are to
serve, if boys, to 25, if girls, to 18. The Trustees' servants will be provided with clothes,
food, lodgings and necessaries, and be given, subject to good behaviour, 20 acres of
land on conclusion of service. Persons born in Georgia will have all liberties of natural-
born subjects within the British dominions. Liberty of conscience is allowed in the
worship of God to all and all except Papists shall have free exercise of religion so they
be contented with the quiet and peaceable enjoyment of the same, not giving offence
or scandal to the government. Entry. 2 pp. [CO. 5, 6jo,pp. 369-370.]

285 Grant by Trustees of Georgia to Thomas Upton of London, gentle-
May ii. manj O f z j acres of land in Georgia. Entry. | p. [CO. 5, 6jo,p. 309.]

287] AMERICA AND WEST INDIES 1737 145

286 Memorandum on the Indians of Georgia. H.M. by the advice of the

[May ii.] Privy Council and with the consent of the Trustees for Georgia
enacted that no person should go among the Creek or Cherokee or other Indians of
Georgia without licence from the Trustees and security for good behaviour. The lieut.-
governor of South Carolina was ordered to assist in putting this act in execution. But the
lieut.-governor in defiance of this act and of the commands of the crown sent one Wright,
who had been transported for felony, on a private message to the Upper Creeks. He
persuaded one Opayhatchoo to come down to the governor at Charleston where, besides
a public speech which was owned, he gave him private instructions the consequence of
which has appeared by the murder committed by Obeeauchy upon the Spaniards. Besides
which, the lieut.-governor sent up one Childermas Crofts amongst the Creek Indians
and ordered those Indians to fall upon the Floridas who are subjects of the Spaniards
and with whom they are intermixed. This appears from a letter to the Duke of Newcastle
from some of the Carolina merchants, dated Charleston 6 February. In consequence of
these proceedings it appears by letters from Charleston dated 5 March that Opayhatchoo
the above-named Indian chief with six other Indians fell upon the Floridas, being
Indians and Spaniards, and killed one Spaniard, one Indian, one mulatto and one negro.
These are the melancholy consequences of the lieut.-governor of South Carolina's
refusing to obey H.M.'s orders and intermeddling in a province where he had nothing
to do. i^ pp. Endorsed, Reed, from Mr. Oglethorpe, n May 1737. [CO. 5, 654, fos.

287 Governor William Mathew to Alured Popple, enclosing the following.

May 1 1 . The box of papers therein mentioned I have delivered to Capt. Wootton
St. Christopher's who ^ ddiver k tQ you> ^^ z ^ Endorsed) Recd> 4 j uly> Read

10 August 1737. Enclosed,

287. i. Same to Council of Trade and Plantations, same date and place. Among
other papers now transmitted are the following Acts: an Act of Montserrat for
raising a poll-tax, this is a usual tax act and requires no explanation; an Act of
Montserrat for the further restriction of slaves by prohibiting them from planting
indigo, cotton, ginger, coffee or cocoa, and from keeping a public market on Sundays,
and for further restraining licentious meetings of negroes. As to the first part, pre-
venting negroes planting indigo etc. it is a most reasonable provision as their planting
such commodities was not only an injury to the poor but chiefly a cover to hide their
robberies and stealing such commodities from those inhabitants, pretending what
they stole was of their own produce. The clause of the market I had a petition against,
signed by some of the town inhabitants; but it would have been more regular had
that petition been presented to one of the Houses before the bill passed, to which
the petitioners gave for excuse that, the bill going through the assembly in one day,
they had neither notice nor time to prepare and offer such a petition. I found there
was a mixture of personal prejudices between the persons that formed the legislature
on one side and the petitioners on the other, and therefore without sending thither
the petition with the names of the petitioners I rather chose to send to both Houses
the reasons alleged by the petitioners and some of my own; and then I called upon
the council to advise me as a council whether I should pass this law including the
market clause, which they advised me to do. I refer you to the minutes of the council
of Montserrat now transmitted. The concluding part of this law, for restraining
licentious negroes, has long been wanting, and I imagine the danger Antigua lately
has been in occasioned it. The same danger has at last induced Nevis to alter their
10 XLIII

146 STATE PAPERS COLONIAL [287

old militia laws and make one with common sense in it and with a better regard to
the welfare and safety of that poor island than anyone heretofore made. T had long
litigated this matter with them in vain, and still (though I have gained by this law
almost every point I had proposed and held fast by, resolving to pass no law in the
old insignificant forms and for but eight yearly meetings) yet the article of bayonets
is thrown out, and I was forced to pass this law or have none at all. I hope hereafter
they will judge better for their own preservation: it wants nothing else to make it
a very good law.

I come now to three laws of great moment passed by the legislature of Antigua
in consequence of the negro rebellion, and I hope the emergency will reconcile you
to the share I have had in making them. The first is an Act to attaint of high treason
two freed negro men named Benjamin Johnson and William alias Billy Johnson.
When this bill came up to the council from the assembly and had had its first reading,
I then made but one observation upon it (and I have fallen into the parliamentary
method of leaving entirely to the council all correspondence with the assembly in
making of laws as from one House to another, still reserving to myself a negative
voice; but if I am present as generally I am and I overhear at the council's reading a
bill any clause I cannot agree to, I do not wait to reject the bill after it has passed the
assembly and the board but I mention as my private opinion that it will be best such
or such matters as clash with my instructions or are quite contrary to my own way
of thinking should be altered and I often say how, but still I leave it to themselves
to accept my observation or not. Thus I expedite laws that otherwise would be
quite lost for want of easy explanations; and if we followed the English parliamentary
method of never introducing a same law twice in one session, as our assemblies
though for seven years are a continued one session by adjournment not by proroga-
tion, laws though never so necessary and wholesome would be lost for years, and
for error it may be in form only). The observation I made was the want of a suspend-
ing clause in so extraordinary a law, and I was pretty much pressed in council by
arguings against my objection, but I have too lately ventured upon such a breach of
my instructions to be guilty of it again, and my positively declaring I would not pass
the bill without it occasioned its being sent back to the assembly to be amended
with such a clause. The bill had been carried in the lower House very precariously
accidental sickness or other avocations had called away two or three members from
attending, else the bill had been thrown out there and never come to the council
who were almost to unanimity fond of it; and upon sending it back again to the
assembly there was danger of its being entirely lost. However, the same members
being absent as before, it escaped to the council again but not with the amendment
but some scrupulous doubt as from people that were ashamed though not a little
willing to give a nay to what they afore had given an affirmative to. When the council
got the bill again they dropped the amendment of the suspending clause and called
upon me for help. I told them the clause might be left out, but then after the bill
had passed both Houses I would not pass it but send it (as I now do) to you to be
recommended to H.M. for obtaining his leave for my passing it. And now I think
myself bound by my duty to give you a candid, fair sum of the evidence upon which
both Houses (but the council especially) were induced to pass this bill. I will not
say a word of my own poor opinion on it: I leave all as grounded on the evidence
only and the recital of that evidence to you. This puts the whole in a ready way of
being determined on by your unerring judgment: the lives of two freeborn subjects
depend upon it, I therefore hope you will not disapprove my being very exact
though long.

287] AMERICA AND WEST INDIES 1737 147

The evidence against Benjamin Johnson given by four of the negro evidences
(who as they were all very deeply concerned in the plot could therefore make the
best discoveries and whom the justices all along averred to have been very steady in
all the informations they gave) does not point out any certain time but only mentions
that on some Saturday night or Sunday about six or seven months or longer afore,
and they each of them declared here but to a separate fact at a separate time except
that two of them aver that on such a Saturday night and Sunday Benjamin Johnson
took the oath twice to destroy the Christians, and a third of these evidences only
says that Benjamin pledged his brother Billy without saying anything when his
brother Billy drank the health to him, and offering himself to attack the town-guard
that Benjamin answered Billy that he would be his friend. Another negro evidence
says that Benjamin Johnson said that he had thought of going for England to marry
but now he hoped to get a white wife here, that Damn them (meaning the Christians)
he did not get his freedom from them, Damn them, his mistress gave him his freedom.
Another negro evidence said that a wife of Court's and a negro woman went into
Benjamin Johnson's with a keg and a box; that she said it was Court's powder; that
she seemed afraid of its being found with her, but that Benjamin Johnson replied
No matter for that I will say I bought it; that Benjamin Johnson sent to a negro
called Parham Cuffy and told him if he was asked by the justices he should not own
he had lent his mare to him, Benjamin Johnson, but that it was a long time afore
since he lent it him. Several of those executed had declared that both the Johnsons
were concerned with them.

White Christian evidence against Benjamin Johnson is Henry Cuyler who says
that he sold to Benjamin Johnson (it might be remembered he was a shopkeeper in
town) eight cask of gunpowder of about i cwt. in the whole. This was about the
time the plot broke out; he then and afterwards importuned Johnson to buy more,
but he refused. Robert Stevens says that about the time of discovering the plot,
when the first negroes were taken up, Benjamin Johnson said in his hearing had
he known the plot would have been discovered he would have gone to Barbados
and spent 30 or 40 pistoles and would have returned when the plot was over, and
that at another time he heard Benjamin Johnson say he was glad he did not go to
Barbados that he might stand in defence of the country. Thus upon positive and
circumstantial evidence this man is put for the safety of his life upon the hard cir-
cumstance of proving where he was for 5 z Sundays afore, for that was the time
limited to him, so as to acquit himself from having taken the damnation oath.
However, among other Christian evidences that he produced for his justification,
one positively declares that for eighteen months past he has seen him, Benjamin
Johnson, morning and evening every Sunday to the best of his knowledge going to
or returning from church; and a second declares upon oath that she verily believes
that she has seen him, Benjamin Johnson, every Sunday for twelve months past go
to or returning from church; and there was a negro evidence, supported pretty
circumstantially by a gentleman of repute in town, to prove that James Hanson, a
constable, had been tampering with this negro to contrive an impeachment against
Benjamin Johnson, and this gentleman had heard this Hanson declare that he would
do Benjamin Johnson an injury if in his power. There was a third evidence of a
young man of one of the best families in town that very positively affirmed Benjamin
Johnson's constant attendance at church for a year past.

I must now come to Billy Johnson. The evidence against him is much stronger
than against his brother, and as there seems to have been great intimacies between
them the guilt proved upon Billy seems to be very circumstantial against Benjamin.

148 STATE PAPERS COLONIAL [287

The evidence against Billy Johnson is chiefly the same, vizt. negro conspirators, as
appeared against Benjamin. There are two positive evidences that at one of the con-
spirators' feasts he drank the damnation health twice in one day and a single evidence
proves his drinking of it a third time at another place. Several of their meetings used
to have been at negro funerals : at one of them there is an evidence that proves that
in discourse with one Secundy (a most principal conspirator and who was executed) he
made use of these words It would be better if we had the country to ourselves. At
another funeral an evidence proves he took Court by the hand, declaring aloud to
the negroes present that he (Court) was fit to be king. Another evidence proves his
drinking the damnation health a fourth time. Another mentions his being at a meeting
at John Obia's (a conspirator) where he took the oath again, administered to him
by Secundy, where he declared he would find powder, ball and flints, and would be
the first (as he lived in town) to attack the town-guard; and at another place he
declared that although he always lived very well yet he hoped to live better. White
evidence proves that he saw him at one of these feasts. He produced a great many
Christian inhabitants, but all he pretended to by them was that in his shopkeeping
and dealings he had been punctual and honest. Now I submit to you the success of
the bill. I have endeavoured to inform you the best on it I can, though very little able
from being hardly recovered from a most dangerous fit of sickness, much less am I
able to present it to you under my own handwriting. Heats and colds during the
late troubles that often kept me on horseback many hours at all times of the night
have brought this on me with the bad circumstance that my limbs are now affected.
The other two Antigua laws relating to this conspiracy I am at last disappointed
of and cannot send them now. I must venture a suspension of some of the officers,
still hoping to be supported by you. H.M.'s service always suffers from their negli-
gence and want of diligence as well as of obedience; and in the present case the island
of Antigua suffers as to one of those laws by this delay. I left them both with the
proper officers to have duplicates made of them and immediately transmitted after
me: this is a month ago. I since wrote to the lieut. -governor in all speed for them.
I have received his answer that he had given his orders and that they would be sent
to me; still they are not come.

To the other public papers I now send I can add a transcript of minutes of council
of Antigua, 30 April to 27 October 1736, which I have received from the deputy-
secretary but the 9th inst. I can now add hereto some further particulars relating to
Anguilla, Spanish Town and Tortola in obedience to your commands, but I must
get more health before I can complete to send to you the draft of the Virgin Islands
I formerly mentioned. In Anguilla John Richardson is deputy-governor, John
Harragan, Abraham Chalwell, Richard Richardson and Arthur Hodge are of the
council. There are two vacancies by the death of Bazael Rogers and Thomas Howell.
There are three divisions in the island to chose three members of the assembly for
each, vizt. the Valley division, the Road division, Joanshole division. At Spanish
Town, Philip Markoe is deputy-governor, Peter Markoe, John Hodge, Francis Frett
and Christopher Burroughs are of the council there. William Penn being dead and
John Farrington having quitted, there are two vacancies in the council there. Thera
are but two divisions to choose members of the assembly, vizt. the Valley division
to choose six members, and the North and South Sound division to choose three. In
Tortola the post of deputy-governor is vacant by the death of Stephen Sills. The
council consists of John Pickerring, John Norton, Richard Carty, Peter Turnbull,
Alexander Belnaves. There remains one vacancy in the council by William Nanton's
being gone to Sta. Cruz to settle. There are three divisions in the island to choose

288] AMERICA AND WEST INDIES 1737 149

three assemblymen each, vizt. Fat Hog Bay division, Road division, Sako Bay division.
Signed. 14 small pp.

287. ii. Abstract of preceding. 2 pp.

287. iii. Copy of an act to attaint of high treason two freed negro men named
Benjamin Johnson and William alias Billy Johnson. It appears from evidence taken
past all reasonable doubt that Benjamin and Billy Johnson were as deeply engaged
in the plot as any of the conspirators. By the laws and practices of this island a slave
cannot give evidence against a free man; and yet it appears with all moral certainty
they are guilty. They are accordingly hereby convicted and attainted of high treason
and are to suffer death, their lands, goods, etc. to be liable for payment of gaol fees
and other fees. Passed the assembly 28 February 1736/7, W. Smith, clerk to the
assembly. Passed the council 12 April 1737, Edward Gamble, deputy -clerk to the
council. ^\ pp. indorsed, Reed. 4 July, Read 10 August 1737 and sent to Mr. Fane.
[CO. 152, 23, fos. 5-i9</.]

288 Governor Jonathan Belcher to Council of Trade and Plantations. The

May 12. beginning of March last I made a journey to New Hampshire where
I had ordered an assembly to meet me, and they continued sitting about
a month in which time (after an obstinate refusal of other assemblies for six years to
supply the treasury) they took effectual care for the payment of the public debts, passed
several public and private Acts for the advantage of the province and of particular
persons; I enclose authentic copies of all their proceedings under the seal of the province,
as also my answer to the queries you sent me as they relate to New Hampshire. I pro-
rogued the assembly there to 6 July next that they might be in a readiness to have laid
before them any commands I might receive from H.M. respecting the boundaries
betwixt this province and that; and during the session all things were carried on with
decency and good order, as I am more and more persuaded they would always have
been had the province been so happy as never to have seen Col. Dunbar, who I am
perfectly satisfied has been constantly at the bottom of every ill-natured mischievous
affair that has happened there. It is said he is to sail this week for London; I wish it
may be true that the province and the governor may be rid of one perpetual vexation,
for the man loves nothing so much as quarrelling and contention. I think it my duty
to enclose to you a proclamation I issued on the occasion of a vile riot committed in
this town and of several seditious letters wrote upon it; the management of the mob in
pulling down the public market seems to be imitation of the villainous affair of Edin-
burgh in the case of the unhappy Capt. Porteous. I also cover to you a print where you
will see some wicked people are beginning the way of writing anonymous menacing
letters for the practice of a new sort of robbery. Upon the appearance of these things I
have often wished that there might be an additional Act made to the Riot Act in Great
Britain extending to the Plantations. Signed. 3^ small pp. Endorsed, Reed. 6 July, Read
8 July 1737. Enclosed,

288. i. Boston Evening Post, No. 91, Monday 9 May 1737. Printed, z pp.

288. ii. Proclamation by Governor Belcher of Massachusetts Bay, Boston,
14 April 1737, directing all H.M.'s officers and subjects to give information as to
the authorship of three threatening letters, one posted on the door of the Town
House of Boston and the others addressed to Edward Winslow, Sheriff of Suffolk
County. Printed, i large p. Endorsed, as covering letter.

288. iii. Answer of Governor Belcher to queries received from the Council of
Trade and Plantations. Portsmouth, New Hampshire, 4 April 1737. (i) The situation
of New Hampshire is between what was formerly called the colony of the Massachu-
setts Bay and the province of Maine, bordering 1 5 miles in width upon the Atlantic.

1J STATE PAPERS COLONIAL [288

The latitude of Portsmouth (the chief town of the province) is 43 degrees 20 minutes
north, the longitude 69 degrees 7 minutes west from London, settled by good
observation. As to the nature of the country the seashore is rocky, the inland parts
mountainous; between the sea and the mountains are hills, plains, meadows and
swamps. The soil of all sorts is well adapted to hemp and flax, grass, Indian corn,
barley and oats, not so well to wheat by reason of frequent mildews. The climate is
healthy, though the winters in some years are very cold and the summers as hot.
No Spanish settlement but at a great distance to the westward, the French to the
northward and westward on Mississippi and Canada rivers. (2) The reputed boun-
daries are a line three miles to the northward of Merrimac river and every part
thereof on one side, and the province of Maine (now called County of York) on the
other, these being the bounds mentioned in all the governors' commissions except
the last which mentions no bounds at all; neither do any of the former commissions
mention any bounds at the head or at the sea; both the aforementioned boundaries
are disputed by Massachusetts. New Hampshire, considered as a province, is but a
small strip of land not more than 1 5 miles wide by the sea and not so big by one-half
as some single counties of Massachusetts, without any bounds save on two sides
and without any grant from the crown, the right of the inhabitants being mostly by
Indian deeds and occupancy.

(3) The constitution of the government is by a commission from the crown to
a governor by virtue whereof he convenes general assemblies consisting of a council
appointed by H.M. and a house of representatives chosen by the people. The
governor, council and representatives make laws which are sent home for H.M.'s
approbation or disallowance. There are three courts established by law for administer-
ing justice in civil and criminal cases, called a Court of General Quarter Sessions of
the Peace, an inferior Court of Common Pleas, and a superior Court of Judicature,
from whence lies an appeal to the governor and council in civil actions where the
thing in controversy amounts to ioo/. sterling. The governor, according to his com-
mission and instructions from the king, appoints the justices of the courts, treasurer,
secretary, sheriff, king's attorney, coroner and notary public, and all the military
officers who hold their commissions under him 'during pleasure; the justices of the
courts appoint their clerks; and the general assembly the recorder of deeds. (4) The
trade of the province is by pine lumber and casked dry codfish to the British West
Indies for rum, sugar, molasses and cotton wool; by merchantable codfish to Spain,
Portugal and Mediterranean; and by building new ships and lading them with oak
timber to Great Britain, Spain and Portugal; these last articles being in return for
British manufactures. The trade of building ships and loading them with oak has
increased something of late but the trade of pine timber is within ten years past
decreased at least three-quarters, the trees growing on private property especially
those near the seashore being mostly gone. The number of vessels belonging to and
trading to and from the province (exclusive of small fishing and coasting vessels)
are 8 or 10 amounting to about 800 tons. The number of seafaring men about 70.
The trade may have increased within four years past near one-quarter part. (5) The
province takes off in British manufactures of all sorts annually upwards of io,ooo/.
sterling, as woollens, haberdashery, ironware, canvas etc. (6) I do not find any trade
carried on to foreign plantations unless now and then a vessel to the Portugal
islands which brings wines in return for lumber and fish; nor to any part of Europe
but to Spain etc. as beforementioned, and the produce of their cargoes is generally
remitted to London and the vessels return home with salt. (7) To prevent illegal
trade there is a collector appointed from home and a clerk of the Naval Office

289] AMERICA AND WEST INDIES 1737 IJI

appointed by the governor, and when any such trade is detected the Acts of Parlia-
ment are put in execution.

(8) The natural produce of the country is fish and timber, principally pine and
oak, some beech, ash and birch. The manufactures are chiefly new vessels, then
boards, plank, clapboards, shingles, masts, houseframes, chests, desks, chests of
drawers, tables and chairs, sent to Virginia and Carolina. The whole exportation
(including new ships) may be about 15,0007. sterling a year. (9) Some iron mines
have been found, the quantity small and the value little; hardly 10 tons of iron have
been made annually for seven years past. (10) The number of inhabitants, men,
women and children, whites, may be upwards of 11,000; blacks, about 200. (u)
There have died within two years past (mostly children) about 1500 persons by a
mortal distemper in the throat, yet the province has increased in numbers in the last
four years about a tenth part. (12) The number of the militia is upwards of 1900 men
in two regiments of foot and two troops of horse. (13) There is only one fort in the
province, on an island at the entrance of Piscatagua river, called Fort William and
Mary, has 45 guns, many of them honeycombed and unfit for service, without
powder, ball and other warlike stores, the walls with the other works and carriages
in a ruinous condition; towards the repair whereof the assembly in their last session
have ordered about 140!. sterling. To this fort are belonging only a captain, a gunner,
and one sentinel, the assembly always pleading the poverty and inability of the
province to support this fort in any tolerable manner.

(14) and (15) No Indians in this province nor any in the neighbourhood except
in the eastern part of the province of Massachusetts where are about 300, much in
the interest of the French King, his subjects cohabiting and often intermarrying
with them. (16) [Same as (16) in No. 121 i.]. (17) Not much affected in this province
by French or Spanish settlements in times of peace, but when it is war the French
greatly distress the land frontiers, coming from Canada and mixing with the Indians ;
and it is also to be expected (in that case) that the French from Cape Breton will
entirely ruin the fishery of this province as well as the trade from Great Britain and
all other parts. (18) and (19) The revenue is about 8o/. sterling a year appropriated
towards the payment of the governor's salary, and )d. sterling a ton on foreign
vessels appropriated to buy gunpowder for the fort. This is all, save the annual tax
on polls and estates of about 1 6o/. sterling for support of the government. (20) The
establishments are 2oo/. sterling, or 6oo/. bills of credit, on the governor for an
annual salary, j-f. a day for the council and $s. for the representatives during the
sessions of general assemblies, and 1 5 o/. a year on the captain and others belonging
to the fort. There is no other establishment, civil or military, but the general
assemblies make allowances from time to time as they see meet to the treasurer,
secretary etc. The fees (if they may be called so) of the judges, justices, sheriffs,
clerks and all others, are paid according to law by the parties and persons whom
they serve, but they have nothing out of the treasury. Signed. -j\ small pp. Endorsed,
as covering letter. [CO. 5, 879, fos. 2o8-2i2</; CO. 5, %%o,fos. i-^d.]

289 Governor Jonathan Belcher to Duke of Newcastle. I am told Col.

May 13. Dunbar sails this week for Great Britain, and I am told goes away

with all the ill-nature he can possibly have against the governor to

whom he has been but one continual plague ever since he received his lieut. -governor's

commission, fire and contention being the element he delights to live in, loving to be

restless and to make everybody so he has to do with. You cannot but be sensible of the

great trouble and fatigue I have undergone since my appointment to this government

1J2 STATE PAPERS COLONIAL [290

with one obstinate assembly after another for my steady adherence to H.M.'s royal
orders ; and I have been often threatened by men of influence that they would grant me
no support unless I would go from the king's instructions. And during the dispute for
about three years respecting the supply of the treasury I did not receive one farthing to
defray my yearly expense in this province. At New Hampshire, by Col. Dunbar's little
arts and crafts with the members of the assembly there, that province is at this time
considerably in arrears with me although they passed a law settling my salary to be paid
half-yearly. It has been my steady care to advance the king's honour and interest to the
utmost of my power, nor have the worst of my enemies been able to justify any com-
plaint against me, my conduct being particularly approved by H.M. in his royal order
of ii January 1733/4 and by the Council of Trade and Plantations in their letter of
27 September 1733. I can assure you upon my faith and honour that the governments
of both provinces have not been worth to me communibus annis 75o/. sterling, which is
but a poor pittance for the support of the king's governor whom H.M. in his instruc-
tions to me is pleased to call the representative of his royal person in the governments
where he has placed me ; and the support they give me does but barely pay my necessary
annual expense. Yet as this is my native country where are my family, my friends, and
my little fortune, I own with great and humble gratitude the continuance of H.M.'s
royal favour to me.

I am sensible Col. Dunbar will do everything in his power right or wrong to my
prejudice : I therefore beg of you that his representations may make no impression till
I am heard in answer. He wrote me a few months past he did not intend to return
hither but to seek some employment at home: happy will it be for this country they
may never see him again where I do not believe he can make out one single service he
has done for the crown. But I am well satisfied he has done a great deal to alienate the
affections of the king's subjects from his government; his despotic arbitrary way, as
beating the king's subjects, threatening to burn and destroy their substance, etc., will
by no means do in civil government.

The two provinces where I command are in good peace and tranquillity at present,
but should there be any change of governor I have reason to believe it would throw
the provinces into new difficulties and give the king's ministers fresh trouble who have
had too much already with this people. I am told Col. Dunbar intends to endeavour
Mr. George Jaffreys may succeed him as lieut. -governor of New Hampshire, who is
as opposite to me as Col. Dunbar himself. And with great deference to you I cannot
see what advantage it can be to H.M.'s service or to the ease of his ministers to have
persons put into post in one and the same government who will be continually thwarting
and opposing one another. I therefore pray Col. Henry Sherburne, who has been for
many years of H.M.'s council in New Hampshire, may succeed Col. Dunbar in the
lieutenancy of that province : he is a very worthy gentleman and would be acceptable
to the province in general and to me in particular. Upon the consideration of these
things I hope you will allow me a share in your justice and favour that I may still enjoy
the royal grace in holding H.M.'s commissions for the provinces where he has placed
me and that I may not have those under me in commission who delight in giving
trouble and opposition. Signed. 12 small/)/?. Endorsed, Reed, n July. [CO. 5, 899, fos.
261-266^.]

290 Thomas Morse to James Oglethorpe, giving notice of a legacy of 10

May 14. guineas left by Stephen Lamolliere, a French gentleman, who died in

Secretar/s ^Office, Dublin i ith inst. to be distributed among the poor German Protestants

in Georgia. As executor I will pay that sum here to your order. Signed.

\p. [CO. 5, 639, /*. 252.]

291] AMERICA AND WEST INDIES 1737 155

291 President James Dottin to Council of Trade and Plantations, acknow-

May 14. ledging letter of 6 October last. You need not have troubled to send
ar a os. copies of my letters to the Duke of Newcastle, since he had copies
transmitted to him. But I have not yet had any answer nor received further commands
from H.M. upon that head [French settlements in St. Lucia}. The inhabitants in general
are greatly uneasy on account of these new settlements being so much continued and
improved, as you will perceive by the copy of the council's address enclosed, which is
likewise the sentiments of the assembly. I hope from the opinion you gave on the con-
sequences that may attend these settlements that H.M. will give such speedy directions
thereon as will best tend to the welfare and security of his islands and the trade thereof.
If you approved of the method I formerly mentioned and will procure proper instruc-
tions to be sent from the Admiralty to the captains of the ships of war stationed at these
islands for destroying these settlements, and they were strictly to be put in execution, the
settlers would soon evacuate the islands. But that indeed will be depriving the com-
manders of those ships of the great advantage they reap by encouraging an illegal trade
to be there carried on, by which they grow very rich; but this is done in such a secret
and private manner that unless their own officers would prove it on them they cannot
be detected in a practice which I am persuaded you will contrive proper methods to
prevent for the future.

It gives me the utmost pleasure to find that H.M. confirmed the Act for paying the
late governor's debts: I was fully convinced that this island, notwithstanding the
declining condition it then was and still remains under, could not show too much
gratitude to the memory of a governor whose equal we had not known.

I was unwilling to trouble you with the particulars of the hardships imposed on the
planters and shippers of the produce of this island by the Custom-house officers in the
collection of the 4^ per cent, duty because I well knew it was fully represented to our
agents who I thought would have taken proper care to represent that matter and solicit
for redress if the Commissioners of the Customs had not altered their directions to the
officers here.

I shall observe what you mention with respect to the five Acts. If the assembly
prepare an Act for their repeal I shall not pass it unless a suspending clause be inserted.
But you will allow me to remark that the assembly here seldom care to make an Act
wherein this clause is inserted because it has generally happened to lie a long while
without being confirmed or disallowed, an instance of which is the Churchwardens' Act
transmitted, with this clause, about four years since.

There are at present only seven members of council besides myself on the island,
Ralph Weekes, John Frere, Thomas Maxwell, Thomas Applewhaite, Richard Salter,
John Gollop, and Abel Dottin. John Colleton went off this island in 1729 and has
continued absent ever since, and it does not appear by the council books where it ought
to have been entered that he had any leave to be absent, either from H.M. or the governor.
Mr. Ashley last year went off the island in a secret and clandestine manner without my
leave; and as he well knew his affairs were in such a condition that he ought properly to
have resigned, as he could not hope to appear again here possessed of such fortune or
estate as would render him fit to be continued in that station, and as I thought you
would consider his place vacant, I hoped you would have regarded my recommendation
of Col. John Maycock to supply it, and I shall think myself obliged if you will now
recommend him to H.M. Charles Dunbar, H.M.'s Surveyor-General, who is appointed
a councillor both ordinary and extraordinary, lately attended and was sworn here; but
soon afterwards returned back to Antigua where he generally resides. There was a
dispute about his seat in council, as you will observe by the copies of minutes enclosed.

154 STATE PAPERS COLONIAL [291

I determined it as I thought was just, agreeable to the opinions of the other members
of council, and conformable to several precedents ; so I flatter myself my opinion herein
will meet with your sanction. Although Mr. Dunbar may be a most proper person to be
of H.M.'s council here, was he generally to reside on the island (which I presume he
intended when he procured this mandamus) and to purchase an estate here (for at
present he has none in the island), I think it is worthy your consideration whether he
should continue a councillor in ordinary if he does not constantly reside, as the public
business may meet with some delay for want of his presence and as he thereby occasions
the other members who are resident more trouble and takes up the place of another
that would be present. I hope your determination herein will oblige the absent members
either to resign or live on the island, where it seems their duty obliges them to remain,
to be of the service they ought when they are appointed to be of the council.

I am pleased to have construed my instruction in granting appeals in the manner
you intended, though I was much pressed to be of a contrary opinion and given to
understand that my refusal of that appeal might be much to my prejudice. Signed. 3 pp.
Endorsed, Reed. 30 June, Read 7 September 1737. Enclosed,

291. i. Speech of President Dottin to the Council and Assembly of Barbados,
drawing attention to defects in the Militia Act and the arrears of the half-crown levy.
The annual expenses of the government greatly exceed the public income. If the
former are not reduced as much as possible, debts will increase. I cannot help observ-
ing what very large sums have been paid out of the treasury for executed negroes
when I am convinced that many of these unhappy wretches have been unjustly
condemned on a pretended misconstruction of the act by which they are tried. This
matter deserves your attention. Frequent instances of perjury suggest the need for
greater punishments. z\ pp.

291. ii. Address of Council of Barbados to President Dottin. We cannot omit this
opportunity of entreating you to represent to H.M. the great disadvantages by means
of the settlements made by the French on those islands stipulated and agreed to be
evacuated by both nations and which the English readily quitted in obedience to the
orders published at St. Lucia. But the other nation has been so far from complying
therewith that, we are credibly informed, their settlements on those islands are
brought to a much greater perfection than ever; in case of a rupture with the French,
it will not be possible for this island to be preserved under the British dominion, as
they may prevent any vessels coming hither. An end to these settlements might
easily be brought to pass were the commanders of the ships of war obliged, instead
of carrying on that large trade with those people, to compel them to evacuate the
same. Copy, certified by William Duke, Deputy Clerk to Council. 2 pp.

291. iii. Address of Assembly of Barbados to President Dottin, expressing satis-
faction with his government. Your ample fortune here has enabled you to execute
your office at a small expense to the public, which from our present low circum-
stances cannot afford a larger; much less are we in a condition to make a suitable
provision for a governor. A great discouragement has been given to the trade of
this island by the late duty on retailers of spirits. The French settlements on St. Lucia
are increasing and, if completed, would in the event of war cut us off from the mother-
country. We doubt not of your enforcing this matter in the most earnest manner
possible. 2 pp. Endorsed, as covering letter.

291. iv. Extract of minutes of Council of Barbados, 15 March 1736/7. Charles
Dunbar was admitted a councillor and took the several oaths. After debate about
precedence in the council, the president ruled that precedence dated from the time

294] AMERICA AND WEST INDIES 1737 *55

of being sworn of the council and not from the date of the mandamus. Copy, certified
as No. ii above. ^ pp. Endorsed, as covering letter. [CO. 28, z),fos. 50-57^.]

292 Lieut.-Governor William Gooch to Council of Trade and Plantations.

May 16. The late return of the surveyors sent to trace the course of Cohon-
garooten river and the necessary attendance at the general court have
delayed the meeting of commissioners for settling the boundaries of Lord Fairfax's
grant; so that it will be the end of July before I shall be able to send you their report
with the proper maps and descriptions of the limits in controversy. About the middle
of March last we were alarumed with expresses from South Carolina that the Spaniards
were preparing at Havana a great armament for attacking Georgia; and all H.M.'s ships
on the several stations being ordered to repair thither to their assistance, Capt. Compton
in the Seahorse stationed here sailed about six weeks since. Yesterday I received a letter
from that gentleman dated at Charleston the 2jth of last month wherein he tells me
that if the Spaniards had ever such a design (which I never believed) they had laid it
aside. I shall send you by the next ships the annual account of our trade and manufactures.
Signed, i p. Endorsed, Reed. 8 August, Read 14 September 1737. [CO. 5, 1324,/o.r. 58,
58</, 61,

293 Minutes of meeting of Trustees for Georgia. Resolved, that directions
May 16. be given to the magistrates to enquire into the state of Joseph Watson's

' e ur ' mind, under confinement in Georgia for lunacy. Read, representation
to Committee of Council in relation to Joseph Watson. Seal affixed to the same, secretary
to countersign, i p. [CO. 5, 687, p. 18.]

294 John Brownfield to Trustees for Georgia, transmitting an account of
May 17. improvements in Derby ward. I hope to make greater dispatch in the

remaining part of the town for there are not so many leases amongst
the rest as in that ward which I have gone through. To make this account more authentic
I thought it necessary to have each person sign his name opposite to the respective
improvements made by such person. Since I have finished the account of Derby ward
and the references to it, Mr. [Houstoun] 1 told me of the enclosed agreement between
him and Fitzwalter, and John Grady also mentioned the [lease] 1 between him and George
Smith, memorandum of which is here enclosed. The reason of Walter Fox being signed
over against lots i, 2 and 4 in Jekyll [tithing] 1 is that i and 2 are vacant and 4 belongs
to a child incapable of signing his own name (Paul Amatis is under the care of Catherine
his mother and of Thomas Neale who was lately married to the said Catherine and is
now improving the house lot for Paul Amatis). Walter Fox being the officer of Jekyll
tithing I believe him a more proper judge of the improvements made in his own tithing
than any person else, therefore he signed as is abovementioned and I shall observe the
same method with respect to all [such] 1 lots.

The words 'small tenement' are meant to express a framed building less than a
[house] 1 of 24 feet in length and 16 feet in breadth which are the dimensions specified
in the deed of conveyance signed by Thomas Christie and William Calvert. The term
'large house' is used where a building [exceeds] 1 that of the said dimensions. 'A hut' is
generally built of round poles and split boards without any framework and is commonly
much smaller than a house. To express the form of each building, the [expense] 1 and all
other particulars relating thereunto would take up abundance of time and I believe it

1 Edge of page torn; supplied from Georgia Records, Vol. 21, pp. 465-471.

Ij6 STATE PAPERS COLONIAL [ 2 94

could [not] 1 be of any extraordinary use. Much the greatest number of houses in Savannah
are built of the common dimensions 24 feet long and 16 feet wide. I have endeavoured
to be very exact in getting an account of the improvements upon garden and farm lots
with the product thereof; and unless an actual survey was made of each person's land I
am of opinion that this account is as near the truth as may be. It is my intention to send
you every year an account of the same kind and I hope it will have a good effect, for [as
each] 1 person signs to his improvements and is sensible that the account will be perused
by you [it may] 1 perhaps induce some people to bestow more labour upon their lands
than they would otherwise do. In the remarks and references I have been as particular
as was in my power from the papers and informations that I have hitherto had. As here
has been no register kept nor even remarks [of] 1 the time when several material things
happened, such as the granting and exchanging of lots, I am at [present] 1 prevented from
using that exactness which is requisite in things of this nature. But if you will establish
any positive rules in these respects, I shall hereafter be able to proceed with [greater] 1
punctuality. And if anything should come to my knowledge more than is already set
forth I will immediately acquaint you with it and the same shall be inserted in next
year's account. One material article is not mentioned in the enclosed paper and that will
very much [satisfy] 1 you of the ability and industry of the people: I mean a list of what
servants each freeholder [has] 1 . For though this account shows the respective improve-
ments upon every lot yet that is not a perfect [picture] 1 of any person's industry unless
it should be known by what help such improvements were made. I shall therefore send
you a list of all the servants in this town as soon as the account that I am now [about] 1 is
finished.

The lots which lie in swamplands and are overflowed cannot be improved without
a considerable number of hands. I have only mentioned under this head such garden
lots as belong [to] 1 men who would be both willing and able to improve them if they
were upon dry land. John Wright [is the] 1 only person whom I have yet heard express
a desire of keeping his swamp lot. I enquired of the [other] 1 men whose 5 -acre tracts are
in the same condition: why they did not begin to improve their [farms] 1 . William
Cookesey said that he heard the person formerly wife of John Samins was coming to
claim the house and land and that therefore he was unwilling to make any more im-
provements till he should know your determination in that affair. I assured him the
grant from Mr. Oglethorpe was a sufficient title and that he might safely begin to clear
the farm but I am not certain whether he will as yet enter upon it. John Penrose told
me that his was upon pine land and unless he could get a stock of cattle and so turn his
farm into a cow pen for some time, it would not be worth planting, the land being very
poor. Mr. Christie said that he could not prevail on the surveyor to show him his farm,
otherwise great part of it should have been cleared long since. To this Mr. Jones says
that he acquainted Mr. Christie of his going out on purpose to show several other people
their farms but that Mr. Christie was busy and did not go. James Smith told me he did
not know perfectly where his farm lay, but that some of his neighbours would show
him the spot pretty near and he intended soon to begin upon it.

The general reason which is given by those who have done nothing or but very
little upon their lands is the want of servants, and some who have made a tolerable pro-
gress in clearing and planting say they are also kept back through the same necessity.
Another great reason why more land is not improved proceeds from the number of
orphan children and from those who having lots here do not live in the colony. Of the
first are John Goddard, Marmaduke Cannon, William Little, in Derby ward. And of the

1 Edge of page torn; supplied from Georgia Records, Vol. 21, pp. 465-471.

294] AMERICA AND WEST INDIES 1737 157

latter, John Grady, Frances Watt, Wood, Mary Cooper, James Willson, Peter Gordon,
in ditto. John Grady and James Willson live chiefly in Carolina and the other four
persons in England. Frances Watt's, Mary Cooper's and Peter Gordon's lots are under
my care and I have let the houses but not the gardens or farms. Since I am now mention-
ing to you the reasons of lands not being improved I must set down one which seems
amongst the people to be a principal reason, and that is their being debarred the privilege
of leasing and also of leaving their lands to daughters, relations or friends. Wherever
this opinion has prevailed I have endeavoured to show the necessity of male inheritance
especially in the beginning of our settlement and have likewise spoken of the incon-
veniencies which would attend the leasing of lands. But they say 'Unless a man may leave
his inheritance to daughters, relations or friends, there is but little encouragement for
him to make improvements since a stranger may perhaps enjoy all he has been labouring
for', that 'If a person is prevented from leasing his lands, when he may thereby get them
well improved which his own want of help makes him incapable of doing, they cannot
well be said to belong to him'. However weak these arguments are, I do assure you that
the greatest number of people here are guided by them.

I should be glad to receive your commands with respect to the form which you
would have me observe in registering the different lands of this province, such as town-
ships, villages, gentlemen's tracts etc. And in order thereunto I shall endeavour to remit
accounts of all the settlements in Georgia as soon as may be. The inhabitants of Savannah
desire and several have asked me for grants of their lands to keep by them, they having
at present nothing to prove their right but the old register book which contains only
the deed of conveyance from Christie and Calvert with a plan of this town and tables of
references. As I have no power to comply with their request I can only mention it to
you that such a form may be sent over as you shall judge best.

The want of roads is grievously complained of by almost every man here. Several
people are obliged to go to their lots through swamps up to the middle in water which
not only prevents their bringing any crop home but is the cause that men get violent
illnesses in wintertime by being wet and cold as they pass through those deep swamps.
A considerable quantity of corn which was last year bought of the people for your
magazine cannot be brought to town but must lay and spoil upon the lands where it
grew. Besides which, abundance of the freeholders' cattle will be lost to them for want
of being drove home and it is impossible to drive either cows or calves up till roads
shall be made. This makes several people uneasy because if cattle are out in the woods
for a year and not branded by their owners they are seized in your name and marked as
yours.

In looking over my letter of 10 February I find (amongst Mr. Jones's reasons for
[the delay] 1 of surveying) this following mistake: 'And the money which Forde had for
that work was [more] 1 than Jones himself could receive for surveying the whole town-
ship', whereas it should have stood [thus] 1 : 'And the money which Forde had for that
work was more than Jones himself had received for surveying [the] 1 whole township'.

I am sorry that the colony in general seems so much dispirited. The want of pro-
visions [has] 1 chilled men's endeavours extremely and I believe here are several who
have hardly anything to [support] 1 nature. It will be an extraordinary blessing if this
scarcity of food in the beginning of summer is not attended with a severe sickness in
autumn. And I fear that at the end of three or four months there will not be abundance
of cattle left alive near the town, some having been privately killed . . . 2 small distance

1 Edge of page torn; supplied from Georgia Records, Vol. 21, pp. 465-471.

2 Edge of page torn.

Ij8 STATE PAPERS COLONIAL [295

in the woods and (it is supposed) by our own townsmen. Several of the people [are] 1
determined to leave the colony and return to England, others talk of going to Carolina
and besides [others] 1 appear in suspense as being no way resolved. Amongst this number
I believe there may be several who never will be able to support themselves by labour,
others who are utterly unsatisfied with the constitution of the province and a few who
wait only to see what time will produce, as being neither satisfied nor disgusted. The
two first degrees of people cannot do much hurt to the colony by [leaving] 2 and the
last can be only useful if the state of affairs should take a pleasant turn. However I
[sincerely] 2 believe that here are a good number who would strive even in the roughest
posture of affairs to live upon the fruits of their own industry : they only want to be
cemented. For to speak truth we [have] 2 not a great deal of unity amongst us and
consequently no imminent danger of strong parties. Here [seems] 1 rather to be a
general caution (not quite amounting to distrust) but that is almost inseparable [from] 1
the minds of unfortunate men whose former distresses might probably have flowed
from too [much] 1 credulity. Yet, alas, what can the best of people do without a little
support. Several [men] 1 have bravely struggled with and overcome many difficulties,
nay I may safely say that some [are able] 2 to do a considerable deal towards their main-
tenance; but scarce any can live without frequent [helps] 2 . Signed. 3 pp. ULndorsed, Reed.
21 September 1737. [CO. 5, 6$%fos. 355-356^.]

295 Robert Ellis to James Oglethorpe. On 2ist ult. I delivered to Richard
May 17. White, storekeeper at Frederica, attested by William Horton, 70 pipes

Charleston. Q ^[ a j e j ra w j ne according to agreement between you and me in
March 1735/6; which wines are right good, and do not doubt but will give full content;
they cost me 35 milreis per pipe; they were all delivered full as will appear by receipt
enclosed to the Trustees, the amount of which with the charges of pilotage from hence
is 91 5/. 5 /. sterling, which sum I have desired the Trustees to pay to Capt. James Pearse of
London, merchant, and that his receipt for the same shall be a sufficient discharge. I must
beg you to befriend me in the affair; your absence from the colony when I arrived put
me to nonplus, the store being out of cash, but I applied myself to my good friend Paul
Jenys who very readily supplied me with what money I had occasion of and assured me
that no friend of yours or the Trustees should want while he could supply them [Noted,
Copy; but appears to be original or duplicate.] Signed. PS. I was very well pleased to see the
industry of the people at Frederica, but some little misunderstanding happening amongst
them I by the assistance of my worthy good friend Mr. Horton made up the breach and
obliged them to drink and make friends; by [which] 1 I have got the goodwill of the
people who style me father] 1 and maker-up of their breaches and promise to live in
good harmony and concord for the future. You would have been agreeably pleased to
have seen in what good order and posture of defence they put themselves on the rumour
of the late intended invasion by the Spaniards, whom I am confident they would have
opposed to the last man. i\pp. [C.O. 5, 6 3 9, /a/. 282-283^.]

296 Same to Trustees for Georgia. Account for 70 pipes of Madeira wine
May 17. delivered Richard White, storekeeper, at 15 1. per pipe: 9io/. Cash paid

Charleston. Gibson the pilot for pilotage to Frederica, 5/. )s. Total, 9157. 5^. This
is according to my agreement with Mr. Oglethorpe in March 1735/6. Richard White's
receipt attested by William Horton is enclosed. Please order payment to Capt. James

1 Edge of page torn; words in square brackets are editorial suggestions.

2 Edge of page torn; supplied from Georgia Records, Vol. 21, pp. 465-471.

299] AMERICA AND WEST INDIES 1737 X 59

Pearsc of London, merchant, whose receipt will be sufficient. The store at present being
out of cash I was obliged to apply to Paul Jenys who has the colony much at heart and
who has very readily furnished me with money on the credit of the Trust and is the only
gentleman in the place who is ready to do any friendly offices to the new colony. Signed.
i p. [CO. 5,639/o.r. 285-286^.]

297 Josiah Burchett to Alured Popple. Capt. Lee of H.M.S. Falkland is

May 17. under orders to proceed this year again to Newfoundland. As it is

mira ty. expected she will sail in a few days, the Council of Trade and Planta-
tions, if they have any alterations to the heads of enquiry, will please send them hither.
Signed, i p. Endorsed, Reed. 19 May, Read 24 May 1737. [CO. 194, io,fos. 52, j2//, 55,

298 George Whitefield to Harman Verelst. I hear Mr. Oglethorpe intends
May 17. setting sail for Georgia immediately after the parliament rises. Pray, is

** true ^ ^ r ^ so> w ^ en does tne parliament rise, that I may know how
to settle my affairs and when to come up to town? Are Mr. Wesley
and I to go in the same ship and at the same time ? An answer to these queries would be
very acceptable. Here are two pious honest skilful countrymen resolved to go with me
if possible. Can they be settled with me at Frederica ? Or how can they be disposed of
to the best advantage ? One of them will take 1 2/. Is it practicable for them to have a
lot of land and to join together in manuring it? Are implements of husbandry provided
at Georgia or must they take some with them ? Can they be employed and paid for day
labour supposing they have not a lot of land ? I would willingly know all this before I
let them go, for they both will leave very good places. They will be a blessing to the
island.

A word or two concerning myself and I have done. Before I set sail I shall want
many necessaries, also wearing apparel etc. Will not the Trustees furnish me with those ?
The same may be said of him that is to go as schoolmaster to Frederica. On Monday
next (God willing) I set out for Bath to see what may be done about the collection. I
should have been there a fortnight ago but have been detained here in serving a large
country village near Gloucester on account of the absence of the present incumbent, a
friend of mine, who continues in London longer than I expected by far. But I hope it is
not now too late if the news about the Spaniards has not too much alarmed them. Be
pleased to be as speedy in your answer as possible and direct for me at Lady Cox's in
Queen's Square, Bath. Signed. PS. I thank you for your last. i pp. [CO. 5, 6}<),fo. 248,
248^.]

299 Thomas Causton to James Oglethorpe. Agreeable to the liberty you
May 1 8. granted me before your departure hence, I have drawn bills of exchange

on you of this date in favour of Charles Purry or order for 5o/. sterling,
having received of him the like value in cash, which, with bills dated 10 January last and
10 February last, makes together i8o/. sterling in part of the 2oo/. you agreed to, the
better to enable me to settle my farm. Signed, i p. Annotated: 27 Sept. 1735, Mr. Causton
drew on Mr. O. for 5o/., on 10 Jan. 1736/7 for 50/., on 10 Feb. for 5o/. and 3o/., on
1 8 May 1737 for jo/. Total: 2307. Note: 16 July 1735, 4o/. ordered the storekeeper, io/.
to Mr. Causton, the 2nd Bailiff, io/. to Henry Parker, 3rd Bailiff, io/. to Thomas Christie
the recorder, io/. each to John Vanderplank and Noble Jones, constables. Total: 9o/.
29 April 1737, the 1307. ordered in part of the 2oo/., Mr. Oglethorpe acquainting the
Common Council the first 5o/. ordered was not taken credit for by Mr. Causton. i p.
[CO. 5,639, fo. 358, 3 5 8</.]

l6o STATE PAPERS COLONIAL [300

300 Council of Trade and Plantations to Duke of Newcastle enclosing

May 19. representation on the petition of William Shirley, Advocate- General
Whitehall. - m Massachusetts, New Hampshire, etc. Signed, Fitzwalter, T. Pelham,
James Brudenell, Arthur Croft, R. Plumer. i p. Enclosed,

300. i. Petition of William Shirley to Council of Trade and Plantations, praying
for post of Collector of Customs at Boston. Signed (for the petitioner), Francis Shirley.

300. ii. Representation of Council of Trade and Plantations to the King, propos-
ing that the said petition be granted. Signed, as covering letter. 3 pp. [CO. 5, 752,
fos. 291-293^, 298-299^; entry of covering letter and representation in CO. 5, 917,
fos. 97-99^; draft in CO. 5, 897, fos. 142-146^.]

301 Order of King in Council approving report of Committee for Planta-

May 19.^ tion Affairs on petition of Murray Crymble and James Huey for lands

St. James s. - n j^orth Carolina. Surveyor-General in North Carolina is directed to

lay out and survey 1,200,000 acres of land on the heads of the Pedee, Cape Fear and

Neuse rivers, grants of which are to be made to the petitioners and their associates.

Copy, certified by W. Sharpe. 4pp. Endorsed, Reed., Read 8 July 1737. [CO. 5, z<)),fos.

88-89^. Order of same date directing Governor of North Carolina to pass the grants at

fos. 87, %id, 90,

302 Harman Verelst to Thomas Causton, by Two Brothers, Capt. Thomson.

May 20. The Trustees have received a certified account for 2i8/. js. )d. sterling
Georgia Office, ^ated 29 December last stated to be due to Messrs. Minis & Salomons
to whom the 27th January following you paid 21 j/. in sola bills unissued by Mr. Ogle-
thorpe for another certified account. As both these accounts came to the Trustees' hands
together from Mr. Levi, and, if they were both sent from Georgia by the owners of them
together, it is a wonder sola bills were not required for both. The Trustees have received
no account from you of the above 2i8/. js. ^d. In your letter of 24 February last you
mention that you believe the people you shall buy provisions of will take the sola bills
as they are and that in such case you will certify the goods bought. But if they should
not do so, Mr. Montaigut and Mr. Jenys are both willing to let you have Carolina currency
for them at 650^ per cent, advance. To prevent double payment the Trustees are obliged
to continue postponing payment of your certified accounts. They received a letter from
Robert Ellis dated Charleston, 21 March 1736/7, acquainting them of a certified account
of goods delivered amounting to 372/. 19^. z\d. sterling but there is no letter from you
assigning a reason why you did not pay for them. The said letter mentioned that the
Frederica sloop is gone to Philadelphia for another load of provisions : I hope the iooo/.
sola bills by Capt. Dymond will reach you in time to pay for that load.

Enclosed is invoice and bill of lading of what was shipped in London on the Two
Brothers, Capt. Thomson. Mr. Hossack will send you an account of what shall be shipped
at Inverness where Capt. Thomson is going for 40 menservants for the Trustees to be
employed in public work and several of them must be set to sawing timber and boards
for which purpose there are saws and files put on board. Olive oil, emery and sandpaper
are for cleaning the muskets and guns. The two boxes are for Mr. McLeod, the Scots
minister at the Darien, which please forward with the clothing for Capt. Massey's
company. The two tubs of vines came from Mr. King's vineyard and are for planting
in Georgia. The indentures for the 40 menservants, Mr. Hossack will send you; the
Trustees will pay their freight. Col. Stephens has sent you a letter about employing six

303! AMERICA AND WEST INDIES 1737 l6l

menservants he has written to Scotland for to come by this ship, being part of ten he
intends to have for himself and to settle in Georgia on a grant of 5 oo acres of land lately
granted to him. Enclosed are indentures signed by John Younghusband and William
Colthred, endorsed by George Foster to whom they were bound and who is to pay you
their freight of 5/. each and %d. a day each from their being shipped to their sailing from
Inverness ; Foster goes by this ship to settle on a 5 o-acre lot at Frederica. Indentures of
all other servants on board are endorsed to the captain to secure the freight and charges
of them which the owner sends at his own risk and has ordered the captain to wait one
month to receive io/. apiece for them. But if any of them should not be paid for at the
expiration of the said month of 30 days from the ship's arrival at Savannah the captain
has leave to deliver them to you for the Trustees' use to be employed in the public work.
You are to make a list of such (if any) and give the captain a receipt. Enclosed are articles
under the seal for John Pye, sent to be a clerk; by this ship the Trustees have sent you
another clerk, Samuel Hurst, and also one for the store at Frederica named Samuel
Smallwood.

The people at Darien are to have the refusal of servants which the captain is to
receive the money for, they coming from Scotland. Mr. Hossack has been directed to
buy and consign to you tartan, 1 2 spinning wheels, wool, hemp or flax. Capt. Thomson
has directions to get two menservants for Charles Wheeler at his mother's expense;
said Wheeler is to have credit up to io/. payable by his mother here if he absolutely
wants it. Mr. Warwick goes on this ship at his own expense to settle on a 5 o-acre lot.
Mary Jones, a servant, is to be delivered to a good family. The widow Warrin, who
married Wood, is dead; care must be taken that her son Richard has the house and land,
the father-in-law having no right thereto now his wife is dead. Let Mrs. Stanley's
husband know that the Trustees have let her have 2 guineas more which he is to repay
you. Entry. PS. Mrs. Francis Watts, widow of Mr. Cox, has sent you letter of attorney
to receive the rent of her house, here enclosed; the Trustees have paid her 2o/. in part
of what you are to receive. Tell Mr. Haselfoot that the charges of the servant sent to
him by the Peter & James is a loan to him from the Trust at the request of his wife.
. 5,66 7 ,fos. 17^-19.]

303 Samuel Urlsperger to Trustees of Georgia, enclosing the following.

May 20. If the Trustees take compassion on these people I would beg that at a
proper time the number of the 300 Salzburghers be completed and the
Palatines be not intermingled with the Salzburghers. German. Signed, i p. Enclosed,

303. i. Extract of letter from John Peter Hek, late town-clerk of Pfeddersheim in
the Palatinate to the senior Urlsperger, 12 March 1737. Born of a Roman Catholic
father and brought up as a Catholic I became convinced of the errors of popery and
finally professed the Lutheran religion in 1723. In 1734 1 was deprived of my employ-
ment as town-clerk after 26 years' service. My case is that of many, 40 or 50 masters
of families and unmarried artificers and peasants, making in all 300 persons. I have
been informed that by means of the S.P.G. and the assistance of Mr. Oglethorpe
such persons may find refuge in America, and we hope for the same benefit as the
Salzburghers. German. Copy, 2 pp.

303. ii. Extract of letter from same to same, 24 April 1737. By your letter I received
the unwelcome news that your power extends only to 300 and those Salzburgh
emigrants. But I understand there be hitherto only 200 Salzburghers admitted and I
beg we may make up the number with 100 or at least my poor and distressed friends
and relations consisting of 48 persons. German. Copy, i p. [C.O. 5, 639, fos. 269,
238-9; English translations at/oj 1 . 360-363^.]

II - XLIII

162 STATE PAPERS COLONIAL [304

304 Paul Jenys to Trustees for Georgia. No doubt you have been long since

May 20. informed that Mr. Oglethorpe before he left Georgia contracted with
Charleston. Robert Ellis for provisions and necessaries for Frederica, the greatest
part of which have been already delivered. Pursuant to his agreement some time last
month were landed 70 pipes of Madeira wine from on board the snow Martha, which
after filled up were delivered into your store at Frederica. As these were received on a
contract made by Mr. Oglethorpe before he went for England and the sola bills all
emitted and expended for the use of your colony before Mr. Ellis arrived, it was some
disappointment to him that the storekeeper at that place had it not in his power to make
him any part of the payment, and the more as he wanted some money in this province.
Mr. Ellis applied to me on this occasion and on the credit of Mr. White's certificate I
readily furnished him with what Carolina currency he stood in need of, which I was the
more inclined to do as our house has had the honour to do some of the colony's business
and have always desired any opportunity to serve your settlement. I am fearful that in
the absence of Mr. Oglethorpe the colony (unless furnished with some bills or credit from
you) will shortly be distressed, for I find many of our inhabitants that in time past
have furnished your settlements with provisions cold and indifferent and some I hear
are resolved to send thither no more cattle or provisions of any kind ; but to prevent any
distress of this kind I have written to Mr. Causton that I am ready to join with him in
any contract for what provisions the colony stands in need of. Nothing has given me so
great a concern as the disputes between the two colonies and while in a public capacity
none was more zealous to effect a reconciliation which would have prevented a public
application to H.M. and saved this province a great expense and you the trouble of
appearing at the Board of Trade to support the measures of your chief magistrates and
to defend the proceedings of a gentleman who created himself a set of enemies only for
his zeal to serve this colony and who is still well esteemed by those unengaged in the
Indian trade. We are at this time under no apprehensions of an invasion from the
Spaniards. Signed. Seal, i p. indorsed, Reed. 20 July 1737. [CO. 5, 639, fos. 300-301^;
duplicate at fos. 291-292^.]

305 Same to James Oglethorpe. It was with much pleasure that I hear of

May 20. your safe arrival in England after a dangerous passage. The death of
on ' my partner and the situation of my own affairs obliged me to decline
all public business on which account it has not been in my power to serve my friends in
any public affairs. The present assembly have taken such steps with relation to the dispute
between the colony of Georgia and this province as I apprehended they would; nor am
I at all surprised at the report of the committee. I expected it would be very personal
and pointed at the man it is as soon as I knew who were on that committee. I am fully
persuaded that the general assembly would have done the province more service if they
had taken different steps and I assure you this is the opinion of many of our most wealthy
inhabitants; and though much art has been used to prejudice many against you, many
on the first advice we had of the invasion were under some concern at your departure
from Georgia and would have rejoiced at your safe arrival at this port. By my late advices
from Savannah I hear that they are in great want of money which I fear will be attended
with some ill consequences unless the Trustees give some new credit to Mr. Causton or
some other person. Mr. Ellis has applied to me for some Carolina currency on the credit
of his account with the colony of Georgia which I have readily supplied him with, and
which he has transmitted to Capt. Pearce who (I suppose) will lay it before the Trustees,
and I make no doubt but they will take care to discharge it. I should be glad to

310] AMERICA AND WEST INDIES 1737 163

congratulate you on your safe arrival in America. Duplicate. Signed. Seal, i p. [CO. 5,
639,/w. 288-289^.]

306 Royal licence of absence to Lieut.-Governor John Pitt for six months.

May 21. Entn. i p. [CO. 324, 37, p. 66.1
St. James's.

307 Harman Verelst to Thomas Causton. Thomas Upton, the bearer, has
May 21. a grant of 1 50 acres of land to settle on at the southward and his friends

ce ' intend to pay the Trust 3o/. for that value in provisions in Georgia.
The Earl of Egmont recommends Mr. Upton and his wife to your assistance till this
credit is sent. Entry. \p. [CO. 5, 66j,fo. 19.]

308 Archibald MacBean to Harman Verelst. I wrote you this day sennight
May 21. how matters stand here for the interest of the Trustees and have now

to add that I have got four servants since, but they lie a heavy charge
on the Trustees since Capt. Thomson has not arrived; for was he here I could put the
whole of them on board in 24 hours. It would very much satisfy the gentlemen who
stand friends for the Trustees that Capt. Mackay's sayings and writings should be
confuted by the public prints. He has written to the two brothers as he did in his former
in answer to my letter i6th current that he would come to this place and make good
what he writes if anybody would bear his charges ; but though that were promised he
cannot adventure here. The newspapers and the captain's behaviour very much hurt
the undertaking so that it would be well done to put a stop to both. Signed, A.M.B. ^ p.
[CO. 5, 639,70. 246, 246^.]

309 Samuel Eveleigh to Harman Verelst. Herewith you will receive all
May 23. the Carolina Gazettes that have been issued forth since my last, as also

uth Carolina. several letters from Georgia to the Trustees, Mr. Oglethorpe, etc.,
which desire you will deliver or cause to be delivered. I wrote Mr. Oglethorpe a letter
last week via Topsham and several letters before by sundry conveyances but have not
been so happy as to receive one line either from him or you. The Rose, Seahorse and Shark
men-of-war are now at Sullivant's Island waiting for a fair wind to go over our bar. I am
told they design to cruise to the southward off of St. Augustine and to return here again
in a few days. I desire you will acquaint Mr. Oglethorpe that I am positively informed
by a trader lately come down from the Upper Cherokees that there are four gangs of
Indians gone from thence down the Mississippi River, consisting of 175 stout men, in
order to intercept the French in their going up and down that river, and that he heard
before he came out of the lower nation that there was another gang gone out for the
same purpose from thence. I received a letter this morning from the lieut. -governor
importing that he was grown so weak that it was with difficulty he could walk from one
end of his hall to the other. This is all the material news I can at present think of.
Signed, i p. Endorsed, Reed. 20 July 1737. [CO. 5, 639, fos. 294-295^.]

310 Lieut.-Governor John Pitt to Council of Trade and Plantations,
May 24. transmitting duplicates of journals of assembly, treasurer's account

and powder account; also treasurer's account to 4 April 1737 and
answer to their lordships' queries. Signed, i p. Endorsed, Reed. 16 July, Read 7 September
1737. Enclosed,

164 STATE PAPERS COLONIAL [311

310. i. Copy of No. 172 iii. 6pp. Endorsed, as covering letter.

310. ii. Account of duty on liquor, 1735-37. Receipts, 5367. i6s. Signed, Nathaniel
Butterfield. Audited, 3 May 1737, Andrew Auchinleck, Leonard White, Robert
Dinwiddie. Passed the council, 3 May 1737, John Pitt, Andrew Auchinleck, Francis
Jones, Leonard White, Robert Dinwiddie. Certified, 24 May 1737, by John Pitt. Seal.
9 pp. Endorsed, as covering letter. [C.O. 37, i),fos. 3-4^, 6-15^.]

311 Same to Duke of Newcastle transmitting duplicates of journals of

May 24. assembly sent 25 March last. Signed, i p. [C.O. 37, zy,fo. 77.]
Bermuda.

312 Same to Alured Popple informing him of dispatch of documents
May 24. mentioned in No. 310. Signed, i p. Endorsed, Reed. 16 July, Read 7

September 1737. [C.O. 37, i$,fos. 2, id, 5, j</.]

313 Same to Charles Delafaye transmitting to Duke of Newcastle duplicates
May 24. of journals of assembly sent 25 March last. Signed, i small/. [C.O. 37,

*9> fa. 75-]

314 Thomas Christie to Trustees for Georgia, enclosing extract of pro-
May 24. ceedings of the town-court of Savannah since 30 November last. You

C t O J

will thereby see they begin to decrease on our hands, which has been
chiefly occasioned by a timely stop put to an extravagant credit. You will receive a
petition from me to which I beg your attention. I must likewise crave your instructions
in the following affair: in 1734 1 rented a house from the trustees for orphans belonging
to infant Goddard at i8/. a year. In June 1735 one of the trustees, Mr. Jenkins, agreed
with me that if I would lay out 5 o/. in improvements they would try to get a lease from
you to subsist till the infant came of age or as you judge equitable. There is no agreement
other than verbal and I left it entirely to your discretion. I have laid out upwards of 8o/.
sterling. I received little or no rent the first two years but now it is let for 42!. a year.
The arrears of rent will be 6$J. sterling at Easter next and I desire to resign the said lot
for the benefit of the infant (who now lives with me) in consideration of being released
from these arrears. As to public affairs I have only to confirm the advices Mr. Causton
gives you from time to time, being a fellow-labourer with him. Signed. i| pp. [C.O. 5,
639, fos. 297, 297^.]

315 Alured Popple to Josiah Burchett. The Council of Trade and Planta-
May 24. tions, not having had time since receipt of your letter of 1 7 inst. to

propose any alterations in the heads of inquiry, desire the governor of
Newfoundland and the captain who goes to Canso may be directed to answer the last
instructions ; and that for the future notice may be sent to this office as soon as the convoy
is appointed for Newfoundland or Nova Scotia. Entry. \\pp. [C.O. 195, 7, pp. 406-407.]

316 Minutes of meeting of Trustees for Georgia. It appearing that the rice

25. S old to Mr. Duffield weighed i cwt. more than was paid for, Mr.
Duffield has paid ijj-. more. Received, receipt from the bank for 41 /.
15-r. 6d. paid in by Adam Anderson. [See No. 282.] Received, same for i/. is. paid in by
Thomas Upton being the consideration money mentioned in his grant. Read, letter from
Thomas Morse of 14 May 1737. [See No. 290.] Resolved, thanks of the Trustees to be
given to Mr. Morse and that he be desired to pay the ten guineas to Philip Percival in

317] AMERICA AND WEST INDIES 1737 l( ^5

Dublin, brother to the Earl of Egmont. The board drew up a letter of directions to the
magistrates at Savannah to enquire into the state of mind of Joseph Watson. z pp. [CO.

317 President John Gregory to Council of Trade and Plantations, trans-

May 2.6. mitting the Acts passed last session, the journals of assembly, and the
journals and minutes of council. I hope the Acts will meet with your
approbation : two of them, the Additional Duty bill and the Deficiency bill, met with
some objection. The first I should scarce think worth mentioning but as there is a
dissent entered against it in the journals of council I shall just answer it. The clause
complained of is because there is a reflection and some restraint on the soldiers. I could
have wished to have had it left out, and endeavoured it, but could not prevail. And
indeed there was this foundation for it: the soldiers quartered in this town had been
disorderly and killed some cattle belonging to the inhabitants. (They had no pretence
of necessity to excuse them, being punctually paid every week their king's and country's
subsistence.) Some of the cattle belonged to Mr. Needham, the speaker of the assembly.
Upon his complaint to their officer, Capt. Harman, he did him all the justice in his power
and the men were severely punished. This had not a proper effect but inflamed them
and made them more insolent: six of them went into the speaker's bedchamber with
their arms in their hands and insulted him. They were observed when they went in by
some of the neighbourhood who followed them and prevented any mischief they might
have intended. The speaker complained to me and told me he was in danger of his life,
that he should be obliged to quit the town and could not attend to do his duty as speaker
unless the company was removed out of the town. I complied with his request, removed
that company, and brought another in their place. After such an insult I do not think
the clause is so exceptionable; and being mulcted of their country's pay is no extra-
ordinary piece of severity, especially when left to the direction of the governor.

The objection against the Deficiency bill is of consequence because H.M.'s instruc-
tion is concerned in it. It was an instruction to Mr. Cunningham which I had communi-
cated to the board. You will observe in the minutes of the council the dissent which is
entered against that bill. Before I would take upon me to pass it I asked the advice of
the council and their reasons in writing (which are entered in the council minutes, of
which the enclosed is a copy) which I hope will be sufficient to justify me in what I have
done. On this occasion I beg you will indulge me with the liberty of speaking my senti-
ments with some freedom. I have a very just regard to H.M.'s instructions and believe
them calculated for the good of his people. But as it is impossible at this distance to
foresee or guard against all contingencies there is certainly something left to the dis-
cretion of the governor. This liberty is indeed to be used with great caution and upon
great necessity, but in such cases I presume there is a latitude allowed him. For if by
adhering too strictly to the letter of an instruction any great damage should happen to
a country I am afraid his obedience would not greatly recommend him. His obedience
indeed might excuse him, but his judgement would be called in question.

The four gentlemen who withdrew from the council still persist in that resolution.
I have not required their attendance, being the easier without them. They have not
resigned their places in form, and yet I am told they are making interest to get themselves
in the assembly. This may be consistent with the rest of their conduct ; and as they have
not been able to hurt me as councillors they are willing to try what they can do in the
other house. Indeed I have had great disquiet in the administration, and I must confess
I am not proof against clamour and artifice. The honour or profit does not recompense
the trouble. A governor here is obliged to act in three distinct capacities, as governor,

l66 STATE PAPERS COLONIAL [318

chancellor, and ordinary. It is difficult enough to succeed in any one, but it requires
uncommon abilities (such as I do not pretend to) to give satisfaction in all. I came into
the government by accident, I have made no application since to be continued in it,
and therefore if I have been faulty I hope it is the more pardonable.

As to the state of the country in respect to the rebel negroes, some of those who
were formerly distressed and went to the leeward part of the country are again returned
to windward. I had some intelligence of their design and took all the precaution I could
to prevent it; but their march was so silent and expeditious and my orders so ill-executed
that I did not succeed. They have hitherto been pretty quiet there and in the other parts
of the country, from what cause I cannot judge unless they may want ammunition. The
barracks are finished in some places and proceeding upon in others. It will be an immense
charge to the country and difficult to maintain them after they are built. They will no
doubt be of use to the country but I am afraid not effectually answer the purpose unless
we could constantly keep parties from thence to range in the woods. The soldiers are
not fit for that service, and none but negroes can bear those fatigues in this country. I
see little hopes of success unless we could bring them in by treaty : I have often recom-
mended it to the legislature but they do not yet seem inclinable to such measures. Signed.
2 1 pp. Endorsed, Reed. 9 August, Read 7 September 1737. Enclosed,

317. i. Proceedings of the council of Jamaica, 19 February 1736/7. The president
asking the advice of the council whether he should consent to the Deficiency bill
for obliging the inhabitants to provide themselves with a sufficient number of white
people or to pay certain sums of money and laying before them the additional
instruction to Governor Cunningham entered in the minutes 19 March last, the
council advised him to give his assent. Three councillors desired that the reasons for
such advice might be entered, (i) The Act of 1704 has become impracticable. (2) The
penalties being only in case of refusal of servants to be placed by the Receiver
according to the deficiency in that Act, we see nothing in it more to compel persons
to keep white men in such proportions as is therein directed. (3) The former Deficiency
Act having expired, many persons have discharged numbers of servants. (4) We
think it necessary to prevent our being left defenceless. (5) This Act provides that
the money arising be used to encourage settlers, there being no fund appropriated
for that use. (6) There is nothing in this Act that suspends the Act of 1 704 ; if it is
practicable it may be put in use along with the present Act. Copy. Signatories, John
Campbell, Richard Mill, Mathew Concanen. i pp. Endorsed, as covering letter.
[CO. 137, 22., fos. 131, 131^, 133, 133^, 135-136^/5 duplicate of letter at/w. 141,
, 144.]

318 Governor William Mathew to Alured Popple, sending in a box in

May 26. ^ Capt. Conway's care a duplicate of the Nevis Militia Act. The duplicate

St. Christopher s. M ontserrat Negro Act is not come to hand. I send also Acts of Antigua

for attainting and banishing negro conspirators and for the trial of two freemen con-

cerned in the conspiracy. There is also a list of all the conspirators tried and executed,

and minutes of assembly of Montserrat ending 24 March last. Pray present these and the

enclosed letter to Council of Trade and Plantations. Signed, i p. Endorsed, Reed. 8 August,

Read 10 August 1737. Enclosed,

318. i. Same to Council of Trade and Plantations, same date and address. Though
my friends at home could not tell me what report you have made in relation to the
French seizures I have made, yet they ventured to give me hopes that you had therein
kindly given some cover to the breach of my instruction by favourable sentiments in
behalf of my intentions. But they have now thrown me under the greatest concern

318] AMERICA AND WEST INDIES 1737 l &7

by the apprehensions they send me they are under that what you have reported to
H.M. on M. Hop's memorial condemns me as guilty of what the inhabitants of St.
Eustatius without regard to truth or justice have been pleased to complain of. I hope
I am not too late in making the following apology for my behaviour in both cases,
and that it will have some weight with you whom I never wilfully offended since
H.M. honoured me with this government.

I thought these islands lay under two grievances : the first was the cruel execution
of the French king's extraordinary edict, the second was the constant barefaced
evasion of the intent of the Act of Parliament which certainly was to prevent (by
impositions equal to prohibitions) all trade for sugar, rum and molassess especially
between the northern colonies and the French. As to the first, relating to my en-
deavours to get the French edict recalled by a behaviour to them such (but not quite
so severe) as they many years had exercised against us (and that that was my only
intention, not for lucre as falsely suggested by my enemies, appears throughout my
whole conduct and especially in the condition of the bond I took for the Fortune} all
this has been most sufficiently already laid before you. But as to my struggles against
the northward trade at St. Eustatius with the French, which I find has occasioned
strange groundless complaints from that island, I pray leave to explain fairly to you.
Whatever may have been H.M.'s determination on my seizure of the Fleuron, such
I presume must it be from the parity of the cases as to the three French sloops and
their cargoes which the Dutch at St. Eustatius have taken upon them to claim most
falsely as belonging to Dutch owners. I can aver to you my garde-cotes never brought
to or searched a single vessel under Dutch colours. There are not six sloops in all
belonging to all St. Eustatius, a poor beggarly place with not two in it of the rank
of a gentleman.

Mr. Heyligger in reporting the conversation he had with me at Antigua has
forgot that one of the captains of my garde-cotes was then present, that he (Heyligger)
asked me whether my captains had orders to search Dutch sloops, that I told him
no, and that each captain of my garde-cotes had given iooo/. security not to exceed
his orders where he or anyone might find a remedy if any Dutch vessel was injured.
And my answer to their letter declared my intention was only to break through the
illicit trade carried on at St. Eustatius between the English and the French but yet
to give no let or hindrance to legal navigation ; and the captain of the garde-cotes then
present (Welch) averred to his face that he searched only such vessels as would show
no colours at all (that is, French who dared not own who they were), for as he knew
almost every vessel belonging to St. Eustatius, if any Dutch vessel would but show
Dutch colours and own to him who she was, he never should attempt to stop or
search her, nor had he any orders or instructions from me to search or stop any
Dutch vessel that would own itself to be such. As to my being short in language to
them, I may be excused as this captain had but just before brought me an account
of my son's death. But upon the whole of my conversation with Heyligger and Ellis,
as I did not understand Dutch, I knew not the contents of the letter they brought
me or the character they came with. It is true I threw it on the table and made the
observation that as we had hardly a single person in Antigua that could translate
Dutch and everybody almost in St. Eustatius (as I well know, having been twice
there) speaks English, I thought it a ridiculous stiffness in a president or under-
governor appointed by a trading company not to write in English to a king of
England's captain-general. He himself speaks English better than Dutch and his
brother is my deputy-governor of Spanish Town. My giving Heyligger the Act of
1701 was in no relation to the seizures - M. Hop mistakes it - but to give them fair

l68 STATE PAPERS COLONIAL [318

warning what by law I was impowered to do; and I further told him and made
Major Leslie, his correspondent, afterwards write him so, that it was cruel usage for
the sake of a little money spent in punch-houses by sailors in their island, or I might
have added even for the petty duties to the company, for them to encourage a trade
destructive to their English neighbours, their only protection in case of war, and
this in favour and to aggrandize the power of the French here, our common enemy.
But indeed these good neighbours when a war was likely entered into a treaty of
neutrality with the French and even offensive against us for their island of St.
Martin's. I thought all this was over and only slightly mentioned some part of it to
Mr. Coope : had I had any notice they would have made such a story of it at home,
I had said then as much to him as I do here and given him directions to lay the whole
before the Duke of Newcastle and you.

I pray you to consider the intention of the Act of Parliament and whether the
saving these colonies from ruin and keeping the French in due bounds as to their
plantation-produce does not absolutely require a breaking through the northern
trade with the French for their rum and molasses, which then they must throw away.
Another thing : if we could have an importation of all the produce of the French
islands into London, then London would be the mart for sugar to all Europe and
the benefit would be very great; but if from St. Eustatius (to St. Christopher's
especially) only so much is imported as serves to glut our British markets and ruin
the sale of our own sugars and the French who have beaten us out of all foreign
markets must also be let into a share of our own British markets, is it hard to foresee
what miserable plight the English sugar planter is daily reducing to? I hope Mr.
Yeamans laid before you how Hamilton was used at St. Eustatius: are H.M.'s
subjects to have no protection from the government there?

As to the French complainant, Sagran, he dare not own at Martinique that he
calls himself a Dutch citizen of St. Eustatius. He is and has been for several years no
other than the French agent there to manage their illicit trade. I will know of M.
Champigny whether this Frenchman who goes often to Martinique owns himself a
Dutchman there. But as he is only a French factor, how is a sloop he is owner or
pretended owner of more a Dutch sloop or her cargo Dutch than if an English factor
at Lisbon should have a ship with a cargo from London of his own and should to
serve a turn pretend from his residence there that she with her cargo was Portuguese ?
They are pleased to aver I had six garde-cotes out and modestly called them pirates,
though fitted out to protect our trade and were never to go out of my government
or to meddle with any but French as directed by the Montserrat law; they never
dared call a French garde-cotes by that name. But the fact itself is false. When I deter-
mined to sell my own sloop to obviate any reflection that I only sought advantage
to myself, I only gave commissions to three very small vessels, one to attend St.
Christopher's and Nevis, one for Montserrat, and one for Antigua, as the French
have one for Martinique and one for Guadeloupe; and these I have called in and
taken the commissions from seven months ago, but yet the French think illicit trade
can be prevented but by garde-cotes and for that purpose have them. Had I sent these
three prizes to M. Champigny, he and his intendant would have had no difficulty to
have proved them French bottoms and French cargoes and probably in discharge
of his duty he not only would have confiscated them but sent captains and sailors
to the galleys.

Now after all, Sagran complains but of losses to the value of 4191 pieces-of-eight,
which is I257/. 6s. this currency, or reduced at 60 per cent, the present exchange,
7857. iSj 1 . sterling, and this for goods valued at a monstrous rate. They do not even

318] AMERICA AND WEST INDIES 1737 169

pretend the sloops were Dutch, else their value would have been added, a mighty
sum this whereon to complain that the company's revenue was reduced to nothing
and a whole island was destroyed etc. But in truth not a farthing of it was Dutch
that I can find. But it may be asked, if these sloops were French why did not the
French complain? The reason is plain: they were carrying on an illicit trade and
were rather forced to hide their loss than own it in fear of the edict which sent them
to the galleys. And besides, Thomas Kerby of Antigua being at Martinique a few
months afore in discourse with the general and intendant was supposing to them I
should seize some of their illicit traders to St. Eustatius, to which they answered
they should be very glad of it and never would reclaim them. This gentleman is
coming home and will, if called up, support the truth of this.

Indeed, as to one Germa, a Venetian and settled inhabitant of St. Eustatius, who
came to me with Heyligger and Ellis, he told me his story so movingly that I could
not forbear writing in his favour (though to no effect) to the judge of the Admiralty
at Montserrat on 14 September 1736 in these words, and gave him the letter to carry:
'I have had some Dutch gentlemen and one George Germa, a Venetian settled at
St. Eustatia, with me. This Germa declares and says he can prove the sloop to be
wholly his. If so, she is Dutch, and I think you cannot meddle with her, and there
seems to be somewhat of charity speaking in favour of this George Germa, and I
therefore recommend him, in case the sloop and sugars be really his, to you'. If after
this the court of Admiralty on proofs that she and cargo were all French and taken
within a league of our shores condemns her and cargo, why am I that had no share
of the prize to be answerable for it? Let them recover on the iooo/. security bond
given by the garde-cotes and in my custody, which they may at any time have recourse
to and the benefit of. These remonstrants affirm my utmost endeavour is to ruin St.
Eustatius. But how have they, joined with the French, for several years past been
working the ruin of the English sugar-planter, and because I endeavoured to stand
in the gap I am charged with wrongs done them which they neither prove nor have
the least grounds for. I have hurt none but French, and they richly deserved it by a
long series of injustice and barbarous usage of the English here.

Give faith to everything I aver in this letter: on my conscience I believe it all
true and I am ready to attest on my oath that the transcript I have inserted of my
recommending Germa to the judge of the Admiralty of Montserrat and the following
one are actually faithful transcipts. This following is a fair refutation of Sagran's
false suggestion as to his being pretended owner and therefore that the sloop and
cargo commanded by J. de Meyere was Dutch. At the time she was seized, M.
Fauchier from Martinique was with me treating about the Fleuron. This Meyere then
wrote to him to intercede with me for this release and Fauchier pressed me not to
inform the French general this Meyere was thus caught carrying on to St. Eustatius
an illicit trade, and that one Chevalier de Cressonville was discovered by me in the
same fault. And as I found this sloop was not returning from St. Eustatius freighted
with English commodities bought there of the English but only was going thither
from the French islands loaded for that trade, I ordered her to be released. Fauchier
prevailed on me, and then Meyere from Montserrat wrote him as follows. I have the
original of which these words are a true faithful copy, vizt. 'To M. Fauchier in
Antigua; Montserrat, 27 August, O.S. I do not know what compliment to make to
his excellency the general. I beg you to supply my inadequacy, to give him my
respectful thanks and to beseech him as a favour not to do me the harm with our
general which it is in his power to do. I implore the same favour for M. le Chevalier
de Cressonville as for myself. J. de Meyere'. [In French.]

170 STATE PAPERS COLONIAL [318

Mr. Sharp I find endeavoured as well as he could and I should have hoped pretty
sufficiently to justify me; but with great sorrow I find by my letters from home my
friends are in great apprehensions that you have thrown me out of your former
favour and some of them observe that you take my silence to you on these occasions
very much amiss. I had by my friends laid my controversy with the French before
the Duke of Newcastle, and I never imagined I had any controversy with the Dutch.
I was misled by thinking I ought to apply to a secretary of state chiefly as to an
immediate dispute with a foreign nation. But had I known your sentiments my
application by myself or by my friends should have been to you also. The pretence
of the Dutch buying of the English and then selling to the French is a mere fallacy.
The produce of all St. Eustatius is not above 5 oo or 600 of our hogsheads of sugar a
year. But where is a need of these intermediate traders and giving them an advance
on the first price? The English and French vessels meet there and deal together as
principals, or they have their agents, Steward and Sagran, for the purpose. The
Dutch have no concern but to receive the company's duties.

I send to Mr. Yeamans to lay before you or the Lords of the Council the trial
and condemnation of the sloop Catherine (which they did not think fit to produce,
though they did the trial of the sloop Dolphin). This they claim as a Dutch sloop, but
by this trial it appears the master and mariners themselves declared her to be a French
sloop belonging to Guadeloupe and disowned their having been trading (as it was
proved they had) with the northern Rhode Island men at St. Eustatius. And yet
against this declaration in court of both master and crew of said sloop, the French
factor Sagran calls her, at least her cargo, his and Dutch. What can be more bare-
faced? Thus I have proved, I think beyond contradiction, that the two sloops
Dolphin and Catherine and their cargoes were not Dutch but entirely French. As for
Meyere's, which they own was released, I think still I have proved from his own
letter she and cargo were French. There remains only out of all the false suggestions
to disculpate our garde-cotes on the seizure of the sloop Two Sisters. As I had no
concern in any of these seizures, except a poor matter out of the Catherine, I know
not how that seizure and condemnation of the Two Sisters were. I have therefore sent
to Montserrat for a transcript of the proceedings, and if I get them in time I shall
transmit them to Mr. Yeamans by this opportunity or by the very next to lay before
you or where this matter, if not wholly determined against me, may be to be finished.

I have only to add that as to their evidence Steward, as Sagran is agent for this
illicit trade from the French islands with the Rhode Islanders etc., so Steward is
agent and spy to carry on a trade from these islands with the French at St. Eustatius.
This is notorious, and yet all this faithful Briton says is that in conversation he had
heard me declare I would find means to destroy the English commerce at St. Eustatius,
which could only mean the illicit trade carried on there between the English and
French. As for any trade with St. Eustatius, the island itself from the pitiful poverty
of the inhabitants and its own scanty produce we can have no trade with. All we
may have from thence is now and then a little spa-water or a few Dutch hams from
Holland, a trade I never could be imagined to think worth my notice. I own a trade
between the Rhode Island men and the French is not against the Act of Parliament,
but as it is notorious hardly fewer than 100 sloops from the northward trade at St.
Eustatius yearly for French rum and molasses and the king receives little if any
duties granted by that Act on the importation of these goods, this proves the whole
trade illicit. These are the real facts.

I now send to your secretary the two Antigua Acts I was disappointed in sending
with my last, the first entitled an Act for attainting several slaves who abscond and

319] AMERICA AND WEST INDIES 1737 17!

have fled from justice and for the banishment of others concerned in the late con-
spiracy. Acts for attainting runaway negroes or for inflicting punishments on negroes
are so frequent in these parts and the Act itself fully explaining the occasion of its
passing I need not take up your time with any explanations upon it. The other is
entitled an Act for the trial of John Corteen, a free negro, and Thomas Winthorp, a
free mulatto man for an intended insurrection to destroy the white inhabitants of
this island and declaring the same to be high treason and rebellion in the said John
Corteen and Thomas Winthorp, and making the testimony of slaves evidence against
them but respiting sentence of death and awarding execution against them until
H.M.'s pleasure shall be signified and made known. This is an Act of an extraordinary
nature as the lives of two free men are concerned, and I at first was doubtful how
such an Act could pass without the suspending clause or sending it home first for
H.M.'s approbation. But here lay two very great difficulties upon the island. These
free men were to be convicted by proofs of their guilt from ten or more negro
evidences. The maintaining these evidences for many months till H.M. should
please to approve the Act or allow my passing it would have been a very great
expense to an island already exhausted by the vast charges and loss brought on
it by the conspiracy as well as losing nine-tenths of this year's crop by blast and
drought. The other reason was that these evidences themselves were all of them
principal conspirators and it was high time to rid the island of such dangerous
villains by immediate banishment, the discoveries they had made having saved them
from the punishments of death. For these reasons I passed the Act but still with a
reserve in it that whatever should be the sentence of the court it should not be
pronounced until H.M.'s pleasure should be known on the Act. And thus I hope
you will think I have consulted as well my duty and obedience to H.M. as the good
of the island on an unforeseen but extraordinary as well as necessary occasion.

List enclosed of negroes executed, their trades, owners, and time and manner of
execution. At my coming away the legislature applied to me to return as soon as
possible and I have always kept myself ready at an hour's warning since my recovery
to return thither. The execution of the commission for confirming the French lands
which had long been delayed by my absence made me take the first opportunity of
the island's being in tolerable safety to come down hither. One of the negroes that
was outlawed has since been taken and pretended to make some fresh discoveries of
a new insurrection to revenge the deaths of those that were executed. I have not yet
heard what weight there was in this discovery. Transcript of minutes of assembly of
Montserrat to 24 March 1737 enclosed. Signed. 17 small pp. Endorsed, as covering
letter.

318. ii. List of negroes executed at Antigua for the late conspiracy, their trades,
owners, and the date and manner of execution. Total executed, 20 October 1736-18
February 1737: 88, vizt. broken on wheel, 5 ; gibbetted alive, 6; burnt, 77. A list of
negroes to be banished: total 36. A list of negroes that are evidences: total 13. A list
of free negroes: total 3. Endorsed, as covering letter. 3 pp. [C.O. 152, 23, fos. 20-34^.]

319 Address of congratulation to the King by the governor and both houses

[May 26. 1 ] o f assembly of Maryland on the occasion of the marriage of Frederick,
Prince of Wales- Signed, Samuel Ogle, Benjamin Tasker, president, James Harris,
speaker, i large/). Endorsed, Reed. 31 October 1737. [CO. 5, jzo,fos. 256-257^.]

1 Arch. Maryland, Vol. XL, p. 26.

IJi STATE PAPERS COLONIAL [320

320 Order of Committee of Council for Plantation Affairs referring seven
May 27. Acts passed in Massachusetts in July 1736 to Council of Trade and

Plantations for examination and report. Seal. Signed, W. Sharpe. f p. Endorsed, Reed.

4 June, Read 7 June 1737. Enclosed,

320. i. The following are the titles of the Acts: for apportioning and assessing
tax of 29,9537. js. 6d.; for granting H.M. duties of impost and tunnage of shipping;
for granting 3ooo/. for support of H.M.'s governor; concerning the surviving
trustees of the first 50,000?. loan; to prevent multiplicity of lawsuits; to enable
overseers of the poor to take care of idle and disorderly persons ; for rebuilding Miles
Bridge. Printed. 19 pp.

320. ii. Certificate by Jonathan Belcher and J. Willard, secretary, that the above
are true copies. Seal. i\ pp. [C.O. 5, 879, fos. 156-169^.]

321 Harman Verelst to Thomas Causton, by the Seaforth man-of-war,
May 27. Capt. Scott. Capt. Thomson sailed with the Two Brothers on Saturday

ce ' last for Inverness to embark 40 menservants which Mr. Hossack was
written to to engage for the Trustees and whose indentures Mr. Hossack will enclose to
you. The charges of these servants to the Trustees amount to -jl. 5^. sterling each for
engaging, clothing, bedding and freight of them. But such of them that are shipped
before the day of sailing from Inverness the Trustees pay 8*/. a day for their victualling
from the day of shipping to the day of sailing ; and towards the voyage to Inverness
the Trustees also pay 15^. each being 3o/., they having contracted for 40 to be shipped,
which makes the whole 8/. sterling each besides victualling before sailing. If a lesser
number than 40 are shipped, they are also to pay the further sum of 40J-. for each of the
40 short shipped. These servants are to be sent to Lieut. Moore Mackintosh at the Darien
with a list of them, and you are to acquaint him that he is to offer to each freeholder of
the Darien that was there when Mr. Oglethorpe left the place (beginning by the oldest)
to take one of the said servants and give security by bond for repaying the Trustees the
sum of 8/. sterling in twelve months from that time. One servant is to be delivered to
Alexander Cameron. Remaining servants are to be set to work by Lieut. Mackintosh at
sawing timber into i \ inch and featheredge boards, saws being sent by this ship. Those
remaining servants are each to have four Ibs. of meat a week, a bushel of corn and
^\ Ibs. of butter a month and 7 Ibs. of cheese a quarter. MacBean has nothing to do with
the disposal of these servants, being shipped by Mr. Hossack. The indentures of the
other servants, shipped for persons who had desired MacBean to get them servants, will
be endorsed to the captain to secure the money he is to receive for them; where the
people of Darien can pay him for any (over and above the said loan of one to each free-
holder) they should have the refusal as coming from their own country. You are to
recommend a kind usage to the servants thus brought and be civil to MacBean.

Affidavits should be sent over of the acts of lunacy Watson has committed [see No.
293], as painting himself, running about naked, threatening to bring down storms and
showers of blood, and saying Mrs. Musgrove had bewitched people.

Enclosed is a copy of what was made up at Savannah by Mr. Oglethorpe and yourself
relating to the charge of the colony, wherein you must be careful not to exceed in any-
thing. But you are to take care that Mr. Horton and the people at the southward and the
people at Darien are supplied with provisions. You are to send up Indian guns for all
the servants at Darien to be delivered to their masters for them, and the Indian guns
for the servants there who remain for the public, vizt. one for each, are to be delivered
to the care of Lieut. Mackintosh. I believe Mr. Oglethorpe will be soon setting out for
Georgia with the commission of captain-general and commander-in-chief of the king's

323] AMERICA AND WEST INDIES 1737 J 73

forces in Carolina and Georgia and a regiment of 600 men under his command. I have
written to Mr. Hossack to send to you by the Two Brothers 1 5 o pairs of what the High-
landers wear on their feet. You are to pay to Rev. John MacLeod, minister to the Scots'
settlement at New Darien, 41 /. 1 5 s. 6d. in sola bills, the same having been received from
the Society in Scotland for Propagating Christian Knowledge. Entry. 3 pp. [CO. 5, 667,
fos. iyd-zod.]

322 Same to Messrs. John Hossack & Co. at Inverness. I have received
May 28. Archibald MacBean's letters of 7th and i4th inst. with Mr. Alve's

Georgm Office. letter tQ Mr Rj c hie and the copies of the letters relating to Capt. Hugh
Mackay. As to MacBean's of 7th relating to Duncan MacDonald there will be no applica-
tion for his discharge. MacBean is very much to blame to take upon him to call persons
names and reflect upon the persons Capt. Mackay carried over with him when Capt.
Mackay was employed by the Trustees. You are desired to rebuke him for such behaviour,
the Trustees having had no complaints of any of those persons Capt. Mackay took
over with him, and they have been very well pleased with his services in Georgia.

As to the abovementioned letters concerning Capt. Mackay, I shall lay them before
the Trustees when they meet, but in the meantime think it necessary to acquaint you
that the Trustees troubled you with the commission of employing persons to engage
the 40 menservants they want and desired your employing MacBean or whom else you
thought proper for that purpose, and you are to draw for the engaging money and the
other charges attending the clothing and the furnishing and shipping what the Trustees
have desired to be sent by the Two Brothers which sailed from London for Inverness
2ist inst.

I have further to desire your getting 1 5 o pairs of what the Highlanders wear upon
their feet but the name I cannot remember ; they are not dear, and if I am not mistaken
they are about 8*/. a pair, but please get them as cheap as you can and pack them with
the tartan or other proper package.

As to that part of MacBean's letter hoping for an indulgence from the Trustees to
ship for his own account three servants, please acquaint him that the Trustees cannot
pay engaging money which he under you may earn and the passage of servants for him
too. The owner has contracted to allow him his passage and servants in proportion to
the number of those he shall ship for his countrymen in Georgia over and above the 40
you were desired to get engaged for the Trustees, and in that case he possibly may be
supplied with passage. But if by any unforeseen accident MacBean should not be in a
condition to earn of the owner or pay his own passage, I have written to Capt. Thomson
to take him on board to return to Georgia. Entry. PS. I have troubled you with a large
packet for Capt. Thomson, charge postage to the Trustees. i| pp. [CO. 5, 66j,fos. iod t

21.]

323 Archibald MacBean to Harman Verelst. I wrote you 2ist. I now have
May 28. on hand upon a heavy charge (to a few) the complement of servants

for the Trustees. They begin to mutiny and challenge a guard of ten
men. I can now say I have them but cannot promise how long I can keep them. Duncan
McDonald, of whom I advised 7th current, was to be delivered to me yesterday by
Major Cunningham, commander Fort George, Inverness. But early in the morning he
leaped over the ramparts and is gone off. I have employed two soldiers of the independent
company lying in this place to go in search of him and will advise their success in course.
Signed, A.M.B. \p. [CO. 5, 639, fo. 244, 244^.]

174 STATE PAPERS COLONIAL [324

324 Governor Jonathan Belcher to Duke of Newcastle. [In substance same

June i. as No. 288.] Signed. 4 small/>/). Enclosed,

Boston. ^ Proclamation of Governor Belcher, 14 April 1737. See No.

288 ii. Printed, i large/). [CO. 5, 899, fos. 267-269^.]

325 Alured Popple to Francis Fane enclosing the following twenty Acts

June 3. passed in Virginia in September 1736 for his opinion in point of law,

Whitehall. V j 2t ^ cts Qr ( j ut y Qn ijq uor an( j s l aves ; to declare the right to vote in

election of burgesses and to serve in the assembly ; for amending the Act for amending
the staple of tobacco; for obliging apprentices to serve their time; for altering laws for
sale of goods taken in execution; for preventing persons contracting small debts to
remove their effects out of the county; for greater ease of sheriffs; for better regulating
certain officers' fees; to prevent cutting up tobacco suckers; for regulating fees of
practisers in physic; for regulating office of surveyors of land; for raising a public levy;
for confirming titles to lands in the Northern Neck held under Lord Fairfax; for lessening
allowances to witnesses in county courts ; for paying wages of burgesses ; for relief of
inhabitants of parishes of Raleigh and Dale; for relief of sufferers in the loss of records
of the county of Nansemond; for building a bridge over Nottoway river; concerning
ferries; for making reparation for tobacco burnt in Gray's Creek warehouse. Entry. 4pp.
[CO. 5, i}66,pp. 142-145-]

326 Council of Trade and Plantations to Committee of Privy Council. We

June 5. have considered your order of 5 May [No. 267], Lord Baltimore's
petition [No. 267 i], and also the petition of the president, council and
assembly of Pennsylvania relating to a boundary dispute with Maryland and complaining
of violence committed by persons claiming authority under Lord Baltimore, together
with Lord Baltimore's answer and several papers accompanying the same. We have
been attended by Lord Baltimore and the proprietors of Pennsylvania. Upon which, we
acquaint you that from the time Pennsylvania and the three lower counties were possessed
by the late William Penn they have been governed either by the proprietor or by deputies
appointed by him and his successors with the approbation of the crown. On every
appointment of a deputy governor, the proprietors have signed an instrument declaring
that H.M.'s approbation shall not be construed to diminish the crown's right to the
three lower counties. What the right claimed by the crown is, as also the claim of Lord
Baltimore, appears very distinctly in a report to the king of 21 October 1717 from Sir
Edward Northey and Sir William Thomson, then Attorney- and Solicitor-General; copy
enclosed.

There having been disputes between Lord Baltimore and the proprietors of Pennsyl-
vania touching boundaries, articles of agreement were made between them on 10 May
1732. As these articles were never executed, the proprietors of Pennsylvania have pre-
ferred their bill in Chancery against Lord Baltimore for specific performance thereof;
which dispute being yet depending, we do not advise any alteration in the usual manner
of appointing the deputy governor of the said three lower counties. The Pennsylvania
petition and other papers are returned. In order to prevent disturbances on or near the
boundary in dispute between Lord Baltimore and the Penns, we propose that H.M. lays
his injunction on the governor of each province to preserve peace. Entry. Signatories,
FitEwalter, M. Bladen, J. Brudenell, R. Plumer. 7 pp. [CO. 5, 1294, pp. 105-111.]

328] AMERICA AND WEST INDIES 1737 1 71

327 Duke of Newcastle to Governor William Mathew. I transmitted to
June 3. you in my letter of 30 April a copy of the memorial delivered here by

Whitehall. -^ Hop, Envoy Extraordinary from the States General, complaining
that several ships belonging to the Dutch inhabitants of St. Eustatius had been seized by
your order and carried to Montserrat where they had been condemned. I also sent you
a copy of the representation of the Lords Commissioners for Trade, to whose considera-
tion the said memorial had been referred, setting forth that as the vessels mentioned in
M. Hop's memorial to have been seized by the sloops acting under your commission
do not appear to have been any way concerned in trade to or from the Leeward Islands
their lordships are of opinion that the seizure and condemnation of the said ships
cannot be justified because an actual trade with some of H.M.'s subjects must have been
proved in order to make them liable to confiscation. H.M. has therefore commanded
me to acquaint you with his pleasure that you should forthwith restore to the proper
owners the Dutch ships taken by your order, provided the allegations in M. Hop's
memorial upon this subject be true, vizt. that the said ships were taken purely by virtue
of the Montserrat Act of June 1736 for having sailed within a league of the coasts and
without any proof of their having been concerned in any illicit trade. But if you should
have any other good reasons for causing the Dutch ships to be seized and confiscated
you will in that case immediately transmit to me an account of your proceedings and of
the evidence upon which the said ships were condemned that H.M. may be able to judge
of the whole and give such orders thereupon as he shall think proper. I send you enclosed
for your further information and direction a copy of the answer which the king has
directed Lord Harrington to return to M. Hop's memorial. H.M. doubts not but you
will take care that these commands be punctually and effectually obeyed; and that you
may have the earliest notice of H.M.'s pleasure I shall give a duplicate of this letter to
M. Hop to be by him transmitted to you. Draft. 3 pp. Enclosed,

327. i. Answer of Lord Harrington to M. Hop's memorial; Whitehall, 20 May
1737. M. Hop's memorial of 1 1/22 February past complaining of seizures by Governor
Mathew of Dutch ships going to and from St. Eustatius having been laid before the
king and the king having examined the same as far as is possible at such distance
from the place where the seizures were made, H.M. commands me to reply that he
has sent copies of the memorial and other papers to his governor with orders to
release all such ships and cargoes that have been taken under the Montserrat Act of
June last, to which the king has never given his approval; and that if he has other
valid reasons for the seizures, the governor is to send an exact account of his proceed-
ings in order that H.M. may do justice. French. Copy. 2 pp. Endorsed, Copy sent to
Governor Mathew, 3 June 1737. [C.O. 152, 44, fos. 110-113^; entry in CO. 324, 37,
pp. 67-71.]

328 George Whitefield to Harman Verelst. The things I shall want are as
June 3. follows: 6 shirts, 4 pair of stocking, 2 pair of breeches, i waistcoat,

i close coat, i great coat, i nightgown, i wig, i hat, 6 handkerchiefs,
4 pair of shoes, 6 pair of socks, 4 pair of shoes [sic] and a watch. I am not yet informed
what the schoolmaster stands in need of but as he is very pious and very well qualified
for so good an employ I think it is but reasonable that as he leaves all for the glory of
God and good of others he should have the charges of his passage borne and be provided
for as one upon the mission. Pray inform the Trustees of this that I may not take any
person at uncertainties. I thank you for your kind answer about the countrymen and
should be glad to know whether there might not be a lot of 5 o acres assigned to one of
them and the other by a private contract go shares in it and so join together in cultivating

Ij6 STATE PAPERS COLONIAL [329

it. If so what do [you] think will be the expense ? I know not whether the collection will
proceed at Bath as we desire. The surmise of the Spaniards' taking Georgia is a sad
obstacle. Lady Cox is gone from Bath and we cannot get persons to take out com-
missions; so that I know not what to say to it. I went thither in order to preach and
another friend had a sermon ready but providence seems to thwart it. However I will
not give it over yet and if there be any probability of success I hope nothing will be
wanting on the part of your humble servant. Signed, G.W. 2 pp. [CO. 5, 639, fo. 250,

329 Minutes of Common Council of Georgia. Read, a grant of 300 acres

June 6. of land in trust to William Horton, Thomas Hawkins, Willes Weston
a ace ourt. Thomas Hird of Frederica, to be cultivated to raise a maintenance

for a minister at Frederica and other religious uses ; sealed the same, secretary to counter-
sign it. Read, a petition of John Vat praying for payment of the balance of 467. 8s. -jd.
Carolina currency due for provisions for his servant and for an allowance for his service
as secretary in Georgia for Salzburgh affairs ; resolved, that Mr. Causton be directed to
pay the said balance to Rubrecht Kalcker in Georgia, and that 6o/. sterling be paid to
Mr. Vat which with z-jl. 15^. already paid him is in full for his services in Georgia and
his attendance here. Resolved, that skins imported from Georgia by the Two Brothers
weighing 3068 Ibs. be sold to Mr. Simond for 4ij/. ys. id. being zs. %\d. a Ib. Sealed
articles of agreement with Samuel Smallwood to serve as clerk to the storekeeper at
Frederica for three years; secretary to countersign. Received from Mr. Causton a bill
of parcels amounting to i88/. 8.r. 4^. made payable to William Clay dated 22 February
1736/7. Resolved, that any five of the Common Council be empowered to draw on the
Bank of England after 9 June to pay the said bill in case Messrs. Knight & Shuttle-
worth will give their note to be answerable for the same in case sola bills shall appear
hereafter to have been given in payment for the said account upon or since 22 February.
Received from Robert Ellis three accounts which by his letter of 21 March 1736/7
amount to 3727. 19^. z\d. sterling; referred the same to committee of accounts. Resolved,
that it be referred to a committee to consider of a plan for the churches to be built in
Georgia, any three of the Common Council to be of the said committee. 3^ pp. [C.O. 5,
690,^. 85-88.]

330 Minutes of meeting of Trustees for Georgia. Received, receipt from
June 6. the bank for 2o/. paid in by Sir Hans Sloane, 22 October last (being

a ace ourt. ^ g fst p avment on t h e renewed contract with the botanist) to be
applied for encouraging and improving botany and agriculture in Georgia. Ordered,
that circular letters be sent to such Trustees as have subscribed for the building of
churches in Georgia to desire them to pay in their subscriptions. Resolved, that it be
referred to the committee of correspondence to appoint a fast to be held in Georgia.
i p. [CO. 5,687,^.21.]

331 Benjamin Martyn to Bailiffs and Recorder of Savannah, directing that
June 6. a n enquiry be made into the state of Joseph Watson's mind. If he is

of sound mind, judgment is to be given against him according to the verdict of the
court before which he was tried. Entry. \ p. [CO. 5, 670, p. 310.]

332 Grant by Trustees for Georgia to William Horton, Thomas Hawkins
June 6. Willes Weston and Thomas Hird of 300 acres of land in Georgia in

trust for the religious uses of the colony. Entry. i pp. [CO. 5, 670, pp. 350-351.]

337] AMERICA AND WEST INDIES 1737 1 77

333 Alured Popple to Francis Wilks. 1 Mr. Yeamans, Mr. Sharpe and Mr.
June 7. Coope having returned their answer to my letter of zoth of last month

white a . a bout English and French navigation in America, if you have any
observations to make thereon their lordships will receive them to-morrow or Friday
morning between n and 12. Entry, i p. [CO. 324, 12, p. 230.]

334 Same to Francis Fane enclosing seven Acts passed in Massachusetts in
June 7. 1736 for his opinion in point of law, vizt. Acts for apportioning taxes

of 29,9537. 7-c. 6d., 3i35/. 5-f. (for payment to representatives at General
Court of 1735) and 140!. (fine on towns for not sending representatives); for granting
duties on shipping; for granting 3ooo/. for support of the governor; concerning surviv-
ing trustees of the first 5o,ooo/. loan; to prevent multiplicity of lawsuits; to enable
overseers of the poor and selectmen to take off idle and disorderly persons ; for rebuilding
Miles Bridge. En fry. i\ pp. [C.O. 5, yij,fos. 99^-100^.]

335 John Wesley to Harman Verelst. I have received the four boxes of
June 10. which you was so kind as to give me advice as well as the bundle for
avanna . -^^ Causton. I cannot imagine how you can support yourself under

such a weight of business as lies upon you. May He who alone is able so support you
that in the greatest hurry of temporal things you may never forget that there are things
eternal. Signed. |/>. [CO. 5, 659, fo. 306, 306^.]

336 John Hossack to Harman Verelst. We have received your letters of
June io. 23, 30 April and 7, 14, 28 May. We could not propose a fitter person

to recruit servants than MacBean: it is a very fatiguing task, some of
them making their escape and others carried off by their friends who will not allow them
to go abroad. The Trustees' allowance for engaging money and clothing is already ex-
hausted. Had the ship come a month ago the number had then been furnished and
money saved. MacBean ought to be rewarded; we have not let him know how little is
proposed for him lest he abandon the service. We have not yet heard who the Alexander
Grant is that furnished six servants for the gentleman in London though we have wrote
to the country for information. The reports which Lieut. Hugh Mackay gave of the
colony has created some jealousies among the commons though it did not ascend higher.
In the character which MacBean gave we think he meant to distinguish between his and
Capt. George Dunbar's recruits. The plaids if they are all had will not be so much to
satisfaction as if the time which will probably pass had been allowed us for having them
made by direction. Signed, i p. [CO. 5, 639, fos. 255-256^.]

337 Harman Verelst to Thomas Causton. The Trustees on 6th inst received
June it. your letter of 24 March with enclosures. The next day Mr. Simond

ce> presented sola bills with your certificate of having received the value
of Messrs. Samuel Montaigut & Co. to the amount of ioij/. which with the 43 3/. you
before advised of having paid away makes together 14507. of the 15007. sent over. The
certified accounts already received without sola bills attending them will therefore now
be examined and reported upon for payment, and as it may be hoped you have before
this time received from Capt. Dymond the iooo7. in sola bills sent you by him you will
thereby be supplied for making payments for provisions and the absolute necessities of
the colony without having occasion to send over any more certified accounts for pay-
ment in England. Yet copies of accounts must continue to be sent to satisfy the Trustees

1 This entry is wrongly addressed to John Yeamans.
JZ XLIIJ

178 STATE PAPERS COLONIAL [338

of the particulars for which their sola bills are paid. The Trustees will continue to send
over their sola bills for payments in Georgia and your corresponding by every oppor-
tunity will inform them of your foreseen occasions in order that you may be regularly
supplied with them. Directions relating to Mr. Watson's affair are enclosed. Entry, f p.
[CO. 5,667, fo.zid.}

338 Governor William Mathew to Alured Popple, enclosing No. 339.

June 14. Signed. \ p. Endorsed, Reed. 20 August, Read 24 August 1737. [CO.

St Christopher's. , J2f 2Jf> . 3,, 3,4 J

339 Same to Council of Trade and Plantations. The account of the city of

June 14. ^ Panama being wholly burnt except one church coming hither round

"stop crs. a k out by Curasao may possibly be an old story in London. But I
believe I shall be the first to inform you that Brasovant, the famous Spanish garde-cotes
with two others in company with him, has been taken (himself killed) even on the Spanish
coast by three Dutch privateers fitted out from Cura9ao wholly for that purpose. Their
further intention it seems was to find out a row galley which the Biscay Company keep
along the coast of Caracas to prevent all illicit trade and to destroy her too. Yesterday a
new governor arrived at St. Eustatius and with him Mr. Phillips who comes out to
repossess himself of his government of the Dutch part of St. Martin's from whence he
was driven by the inhabitants. But these gentlemen come in very bad plight, having
been met with by the Spaniards who stripped them very bare, carried their vessel well-
laden to Havana, and left these two gentlemen to get to their governments as they could.
It is said they were even twice taken by the Spaniards. But a worse piece of news is that
Capt. Hinslow bound hence from this island full laden with sugars was taken by a
Spanish vessel very near to Bermuda and was carried to Havana: his chief and second
mate are now at St. Eustatius. There is likewise a Bristol ship bound to Jamaica carried
into Porto Rico; I can't learn the ship's or the master's name as yet.

Mr. Arbuthnot in his way up hither from Tortola touched at St. Eustatius in distress ;
he was in a schooner formerly one of the garde-cotes I fitted out to protect our trade.
Germa, the Venetian, and Sageran, the Frenchman, immediately got her seized in
reprisals for the French seizures she had made and they pretended some interest in. But
with much persuasion and out of regard to Mr. Arbuthnot, she was permitted to proceed
with him. But they took some of her guns out of her, so little did they wait for having
their pretensions, which they know to be false ones, supported at home. Mr. Arbuthnot
tells me that though I have called in my garde-cotes which pretty sufficiently broke through
the illicit trade between the French and Rhode Islanders at St. Eustatius, yet as their
supplies do not come as plentifully from Martinique and Guadeloupe as formerly, they
have thought it worth their while nevertheless to bring up great quantities of French
sugars even from St. Domingue, that the St. Eustatius bay is covered with them, and
persons of best distinction there without the least reserve averred to him that no fewer
than 6000 cask shifted into English hogsheads were designed through these islands for
the British markets. It is said a Spanish man-of-war took Hinslow. Signed. 3 small pp.
[CO. 152, 23,/<w. 36-38^.]

340 Governor Jonathan Belcher to Council of Trade and Plantations.

June 1 4- Since my last of 12 May, in answer to a proclamation I issued for that

end (as per enclosed print), I have received yours of 8 February last,

the purport whereof was answered by what I wrote you 10 May. I shall in all things

343] AMERICA AND WEST INDIES 1737 I 79

(within my power) pursue such orders as I may receive from time to time respecting the
settlement of the boundaries betwixt this province and New Hampshire. The assembly
here has been sitting three weeks but are hardly come to any results of a public nature.
I herewith send you their journal so far as it has got into print. Nothing shall be wanting
on my part to promote H.M.'s authority and honour with the welfare of his subjects.
Signed. i\ small pp. Endorsed, Reed, i August, Read 7 September 1737. Enclosed,

340. i. Journal of House of Representatives of Massachusetts, 25 to 28 May 1737.

Printed, upp-

340. ii. New England Weekly Journal, No. 529, Tuesday, 24 May 1737, containing

Governor Belcher's proclamation of 23 May requiring a packet, supposed to have

been secreted by evil-minded persons, to be sent immediately to him. Printed. 2 pp.

[CO. 5, 880, fos. 40-48 d.}

341 Council of Trade and Plantations to Committee of Privy Council. We
June 14. have considered the petition of Alexander Skene and James Aber-

whiteha . C rombey for payment for surveying the boundary between South and
North Carolina. [See No. 266 i.] In 1729 Lieut.-Governor Gooch of Virginia desired
our directions in a similar question, instancing payment in 1711 for the same service out
of the quitrents by warrant from the Treasury. We are informed a warrant was accord-
ingly directed to Mr. Gooch. We conceive the same method to be proper in this case.
Entry. Signatories, Fitzwalter, James Brudenell, Arthur Croft, R. Plumer. 3 pp. [C.O. 5,
401, pp. 216-219; draft in CO. 5, 381, fos. 246-247^.]

342 Minutes of meeting of Trustees for Georgia. The accountant acquainted
June 15. the Trustees that the following bank receipts came to his hands since

a ace Court. j agt meetm g an( j we re exchanged with the bank i3th inst. vizt. for
2 1/. 13^. ^d. for James Oglethorpe's subscription for botany and agriculture; for
1 1/. 13-f. Afd. for George Heathcote's subscription for the same; for ^l. i$s. lod. which,
with 41 2/. 13-r. 4*/. accounted for, makes 4i5/. 9-r. zd. received of Messrs. Peter Simond
& Co. for 7 cases of deerskins imported from Two Brothers weighing 3068 Ibs. sold to
them at zs. f>\d. a lb.; for 3527. 15^. ^d. paid in by George Heathcote to balance his
imprests. Received, receipt from the bank for 3o/. paid in by Duke of Richmond for
encouraging and improving botany and agriculture. \\ pp. [CO. 5, 687, pp. 22-23.]

343 Benjamin Martyn to Rev. John Wesley. Rev. Mr. Burton has this day
June ij. laid before the Trustees a letter from you to them dated at Savannah,

/""* * C\(ft

4 March 1737, wherein you express a concern that they should receive
an accusation of your embezzling any part of their goods and likewise a desire to know
the name of your accuser. The Trustees have ordered me to assure you that they are
very much surprised at any apprehension you have of such accusation being brought
before them. No complaint of any kind has been laid before them relating to you. They
have never as a board nor any of them privately heard of one, nor have they the least
suspicion of any ground for one. They would not (if they had received any) form a
judgement of you without acquainting you with the accusation and the name of your
accuser. At the same time they believe you will think it reasonable to let them know
who has informed you that any such accusation has been brought before them and that
for the future you will only regard what may be sent to you from them and that you will
not believe nor listen to any private informations or any insinuations that must make
you uneasy and may lead you to distrust the justice of the Trustees and the regard they
have for you. They are very sensible of the great importance of the work you are engaged

l8o STATE PAPERS COLONIAL [344

in and they hope God will prosper the undertaking and support you in it, for they have
much at heart not only the success of the colony in general but the promotion of piety
amongst the people as well as the conversion of the Indians. They are very glad to find
that Mr. Causton has seconded your endeavours to suppress vice and immorality and
that a reformation gains ground as you observe it does. Entry. PS. The Trustees will
consider your application in favour of Robert Hows, i p. [CO. 5, 66j,fos. 2id-22.}

344 Josiah Willard to [? Alured Popple]. By the New Cambridge, Capt.

June 15. Morris, I have sent the following public papers of Massachusetts:

on ' minutes of council, September 1736 - April 1737; minutes of assembly,

November 1736; the laws then made; treasurer-general's account for 1735. Signed. PS.

This letter should have gone with the public papers but was casually left behind. 17

September 1737. i small p. Endorsed, Read 21 September 1737. [CO. 5, 880, fos. 69, 69^,

72,

345 Capt. James Gascoigne to Benjamin Martyn. Your favour of 13
June 15. January reached me (at this place) the beginning of April which being

Frederica River a ^out the time of the height of the alarm of the Spaniards' intentions
prevented its being answered in due time, I being obliged to keep all
the colony boats employed (for intelligence) to the southward. I own the greatest
satisfaction to myself in the good opinion the Trustees have of my discharging my duty.
Signed. PS. I am lately come in from cruising between this place and St. Augustine where
everything seems quiet at present. Rose and Shark are returned to Carolina and the
people at Frederica returned to their work, i p. Endorsed, Reed. 14 September 1737.
[CO. 5, 639,/w. 365-366^.]

346 John Mathias Kramer to [Harman Verelst 1 ]. Immediately after my
[June 1 5 (O.S.)] arrival in this town I endeavoured to pick out from the great number

Rotterdam ^ Paynes now in town 60 able-bodied servants for Georgia according
to the orders given me, and I have employed Mr. Hope for the same
end. But I have not as yet been able fully to succeed therein by reason that everyone is
inclined to go to Pennsylvania and is in hopes that the captains of ships will take them
on board and carry them without paying for their passage. But since the number of such
poor as cannot pay for their passage is very great, it is doubtful whether they will be
all carried over. Consequently when they at last shall know not how to shift they might
possibly be persuaded to go to Georgia. I have thought it necessary to give the speediest
notice thereof to the Trustees that in case they should resolve upon my attendance on
this occasion they might send over their commands, upon which I shall remain here
till all ships for Pennsylvania shall be gone. But as it is not to be presumed that any
persons of substance shall be left behind by the captains for Pennsylvania but only such
as cannot pay for their passage, and as Messrs. Hope cannot send a ship to Georgia with
60 persons but require 140 to 150 at least, it will be necessary to have orders whether I
might increase the first required number of 60 to 140 or 150 servants in order to have a
full loading. But as this will require two months time or more, I hope the Trustees will
send without delay sufficient money towards my necessary expenses and subsistence
here. German. Signed. PS. Letters directed to me under cover of Mynheer De Heere
Peter de Kocker, Koopman, Rotterdam, will come to hand. 4 pp. [CO. 5, 639, fos.
277-278^. English translation, 2 pp., at/o. 274, 274^.]

1 See No. 366.

352] AMERICA AND WEST INDIES 1757 l % 1

347 The Case of the British Northern Colonies, representing the advan-

[June 16.] tages of the molasses trade between the British colonies and the

French and Dutch sugar islands. Printed. 3 pp. Endorsed, Reed, from Mr. Wilks. Reed.,

Read 16 June 1737. [CO. 323, io,fos.

348 Lieut. -Governor George Clarke to Council of Trade and Plantations.

June 17. On the i jth the assembly met and chose their speaker. I made a short
>r ' speech to them and yesterday they addressed me. The majority is of
those who opposed me before I was appointed lieut.-governor. But if appearances do
not deceive me I have reason to hope they will make good the deficiencies of the revenue
and give another. They will expect from me at the same time such laws for the good of
the province as I can pass. More than that, the speaker tells me, they will not insist on.
If they keep within those bounds, provide for the deficiences, and give a further revenue,
the province will soon raise its head and become a flourishing country. The house seems
to be in very good temper: we met and now part well satisfied with each other. The
speaker is very open with me and gives me room to think that I shall at their next meeting
be able to give you a very good account of them. The harvest drawing nigh, I have
directed the house to adjourn to the fourth Tuesday in August and am this day going
to Albany to meet the Six Nations. Signed, i p. Endorsed, Reed. 26 July, Read 7 Septem-
ber 1737. [CO. 5, 1059, fos. 28, 2&/, 31,

349 Same to Duke of Newcastle, enclosing copy of No. 348. I think I
June 17. have a fair prospect of getting this assembly to support government

and to make good the deficiencies of the revenue. Signed. \ small p.
Endorsed, Reed. 26 July. Enclosed,

i. Copy of No. 348. [CO. 5, 1094, fos. 30-32^.]

350 Duke of Newcastle to Council of Trade and Plantations, directing
June 17. that drafts of a commission and instructions be prepared for Sir

Orlando Bridgeman to be governor of Barbados. Signed. | p. Endorsed,
Reed., Read 17 June 1737. [CO. 28, 24, fos. 216-217^.]

351 Harman Verelst to Thomas Causton. The author of the benefaction
June 17. to the third transport of Salzburghers has extended it to supply a cow

lce> and calf to every five heads of the 5 5 . The Trustees desire you will
provide them. Entry. \p. [CO. 5, 66j,fo. 22</.]

352 John Brownfield to Trustees for Georgia enclosing the whole account
June 19. o f improvements in this township excepting what has been done on

the trustees' lots and that shall be sent very soon. It was not in my
power to mention the exact time when each person became possessed of his land, the
surveyor having kept no certain account and the people in general being unable to form
any near computation of the time their lands were showed to them. Several in Percival
and Heathcote ward but especially the latter do not yet know where their farms lie,
otherwise they would have made some improvements on them and more particularly
those whose garden lots consist of poor land. Many people who have cleared land com-
plain of their neighbours for not clearing because the vermin and insects bred in uncul-
tivated lands destroy the crop of those who have planted and the trees standing upon

l82 STATE PAPERS COLONIAL [352

unimproved lots overshade and prevent the corn from growing on such cleared lands
as are adjoining to them. Neglect of fencing is likewise an article of great consequence;
several lost their crop last year because those whose lands lay next them had either made
no fence at all or but imperfect ones, and it is very disheartening for a person to fence
the side of his neighbour's land as well as his own. If all were to join in fencing their
lots it would not lie so heavy upon particular men as it does now, for then each person
must bear his proportion in labour, whereas now several who have planted are obliged
to fence more than comes to their share in order to prevent cattle from devouring their
crop.

I have throughout this account of improvements mentioned the lots which belong
to such women who after their husband's death became possessed of lands and married
again under the name of those womens' last husbands. Sometime in May before Mr.
Jones went to mark out the town of Augusta I enquired of him concerning such lots
as have been exchanged, forfeited and elapsed. He acquainted me with most of the
alterations which have happened since the deed of conveyance from Christie and Calvert,
and those things that Mr. Jones could not satisfy me of I have learnt from the persons
now in possession of the lots where such alterations have been made and from the
constables of those wards to which the respective lots belong. But as to the circumstances
of time very few could set me right.

You will observe that several people have cleared and fenced but not planted their
lands. The reason which they give for it is the want of provisions, and some who have
hired men to work with them upon their lots were obliged to leave off and discharge
their hands, they not having victuals to support them whilst the planting season lasted.
Our fort took up a great deal of time and the reason we had daily to expect an attack
kept our men chiefly in town and was consequently a large stop to their improvements.
I am glad to find that the making out this account and the expectation of its being con-
tinued has already inclined some people to enlarge their improvements. I should have
finished and sent you the enclosed papers eight or ten days sooner but that a few who
were desirous of having their improvements set forth desired me to stay, one till his
garden lot was quite cleared, another till he had finished his fence, and a third told me
that if I could but stay a week he did not doubt being able to get his house raised. To
all these I gave assurances of my willingness to oblige them but yet seemed very uneasy
lest you should think me dilatory. What appeared most extraordinary was that upon
making a close enquiry of indifferent people concerning the accounts which had been
given me, I found scarce any overcharge.

It would be failing in my duty should I not acquaint you with the great hardships
which those people labour under who have only pine lands to employ their industry
upon. Such lots may indeed be soon cleared but then the crop they produce is so very
small that it discourages the most painstaking people amongst us and is a strong reason
why men do not cultivate those lands. For the timber growing upon them being sawed
out will yield a better maintenance than the land can do. I need not take up your
time by mentioning many instances since the following one may be sufficient. Count
Zinzendorff's people who live in Savannah have for two or three years past been en-
deavouring to improve the farm lot belonging to Mr. Spangenberg which consists of
pineland. They cleared and planted 30 acres the first year and it produced near 20
bushels of corn. Last year they planted 20 acres (leaving the rest to grow up again) and
their crop was not above 1 2 bushels. I could mention several besides but am persuaded
that you will judge this a sufficient instance since Count Zinzendorff's people are truly
industrious and a great many of them were employed upon Mr. Spangenberg's farm.

Several of the pine garden lots in this township being cleared makes the enclosed

353] AMERICA AND WEST INDIES 1737 183

account seem more considerable than it would otherwise do, but when the little difficulty
of clearing and smallness of the crop comes to be considered it will plainly appear that
half an acre of good land requires near as much labour to clear it and will yield more
grain than five acres of pine. Had the inhabitants of Savannah built less in town they
might have made large improvements in the country and would not at this time be in
want of bread. But a general error has prevailed amongst us, that of getting up houses
before we had anything in the ground. From thence proceeds our having a large town
without provision to support it and the people having been accustomed to live here
had but little inclination for the country. This evil at first sprung from their want of
lands and several still labour under the same necessity.

The Jew family named Nunes intend to plant vineyards if they can obtain leave from
you to exchange their swamp lots for such as are dry. I have in the references to Deckers
ward mentioned Isaac Nunes Henriques improvements more particularly than the rest
because he has expended more in attempting to drain a swamp lot than anyone here
besides. But all the family are equally desirous with him to plant vineyards and each has
made preparations for it, having vines ready to transplant and some in great forwardness.
Since the enclosed account was made up I have been informed that James Dormer's
garden lot in Vernon tithing and Heathcote ward stands leased to Austin Weddall who
took the same because he had no land of his own marked out. I am also told that Weddall
has since assigned the said lease unto Joseph Wardrop, but the papers cannot yet be
found. I perceive by Mr. Jones's book that the garden lot No. 54 lying southwest of the
town is Ed. Parkers's but neither a house lot nor farm is annexed to it, so that one of the
vacancies does certainly belong to him. I am not well assured whether one or two lots
in the Lower New ward mentioned to be granted by James Oglethorpe were so or not.

If any little omission should appear amongst the enclosed papers it has proceeded
from my not being able to get thorough information, but if there should happen to be
any mistake I hope you will order it to be amended. My utmost care has been used to
prevent errors in this account; the taking it first rough by going from house to house,
then writing the same fair, getting it signed and copying the leases has kept me in full
employ ever since the latter end of April till very lately. Some few people being out of
town have not signed to the enclosed account, which I am unwilling to lose this oppor-
tunity of sending and therefore hope you will excuse me ; for as those people have made
little or no improvements their signing could not be very material. I beg your acceptance
of this small trifle as an earnest of my gratitude and duty. Had not the bearer gone away
so soon I should have wrote more fully concerning the state of improvements here but
that must be done in my next letter. I am very thankful for your goodness in allowing
my sister to come over. Signed. 4pp. [C.O. 5, 639, fos. 367-368^.]

353 Lieut.-Governor William Gooch to Council of Trade and Plantations.

June 20. T ne inconsiderable progress made in any trade or manufactures in
this colony since the last time I wrote on this subject affords me very little new to trouble
you with.

Laws : none subsisting whereby the trade or manufactures of Great Britain can be
anyway injured.

Trade: our trade besides tobacco, lumber, pitch, tar, skins and fur to Great Britain,
is a little tobacco, beef, pork, wheat, Indian corn, lumber and candles made of myrtlewax
to the British West Indies, for which we have in exchange sugar, rum, molasses and
sometimes money. To Madeira we send wheat and Indian corn with some candles and
bring back their wine, but in this commerce the balance, much against us, is paid in
bills of exchange.

184 STATE PAPERS COLONIAL [354

Iron works : we have four furnaces in this colony for making what is called pig and
sow iron, all which till very lately has been sent to Great Britain. But the undertakers
have had such poor encouragement that I question whether they would continue their
fires if they could turn their hands to anything else.

Forge : we have one forge for making bar iron for our own use only. None of it has
been yet exported but what has been made more than the people want lies in hopes of a
suitable encouragement from the Parliament for shipping of it to Great Britain dis-
charged of the present duty ; and if that can be obtained a much greater advance may be
made therein for it is found to be very good and equal in toughness to the best Swedish
iron.

One Air Furnace: here they run pots, backs for chimneys, andirons and boxes for
cartwheels, sold about the colony and exported by the undertakers to other parts of the
continent and to the British Islands, who I believe have gained nothing considerable
by their trade.

Potter's work : the potter continues his business (at Yorktown) of making pots and
pans with very little advantage to himself and without any damage to trade.

Vineyards : as to our hopes of wine, notwithstanding the severity of the last winter
than which a longer and colder was never known here, there is at present a prospect of
a pretty plentiful vintage for the number of vines planted out, chiefly of the burgundy
and frontiniac grape. But as it is the moisture or drought in the season of July and
August that will determine their fate I must wait till then to inform you of this year's
success. The same gentleman, Col. Armistead, has attempted the making of Verina
tobacco of which he sent to London the last year about 5 cwt., and this year he tells me
he shall ship about 80 cwt. of it. As he manages it with great secrecy for fear of followers,
I am apt to suspect the complaint he makes of the poor price the 5 cwt. is sold for is
artifice; but whether it is so or was owing to the unskillfulness of his merchant or to the
difference of the climate is a point I cannot determine, though it is certain even here it
exceeds in fineness of scent any tobacco that has ever been made before, and the same
sort made in the Spanish West Indies, I am told, yields a pistole a pound in Holland.

I must now give you notice of a late discovery in the physical way which has made
some noise here. One Tennant, a surgeon, observing the effects of an herb called the
rattlesnake root in the cure of such as have been bitten by the snake of that name and
judging it might be as effectual in other maladies proceeding from coagulations of the
blood, has for some time used a tinctum thereof with great success in the pleurisy, an
epidemical distemper among the negroes every winter and what the white people are
very subject to. He goes this summer for London, and I have ventured to recommend
him to Dr. Mead for I make no question it will be serviceable not only here but
there.

The export of tobacco this year will be much larger than for some years past and the
season hitherto proving very favourable there is a very great crop on the ground. This
letter is committed to the care of Col. William Randolph, one of the council, who comes
home for the advice of physicians and the use of the Bath. I have desired him to inform
Mr. Popple where he may be found in town in case you should be willing to ask him
anything concerning this country. Signed. 3 pp. Endorsed, Reed. 16 August, Read 14
September 1737. [C.O. 5, 1324, fos. 59-60^.]

354 Commission to James Oglethorpe to be general and commander-in-

June 20. chief of all H.M.'s forces in South Carolina and Georgia. Entry. i\ pp.
t. James s. [C.O. 324, 37, pp. 71-73; another entry in C.O. 324, 49, pp. 126-128.]

362] AMERICA AND WEST INDIES 1737 185

355 Commission to the same to be captain of the independent company in

June 20. South Carolina. Entry. \\ pp. [CO. 324, 37, pp. 74-75.]
St. James s.

356 Duke of Newcastle to Council of Trade and Plantations, directing
June 20. that drafts of a commission and instructions be prepared for Edward

Trelawny, appointed governor of Jamaica. Signed, i p. Endorsed, Reed.,
Read 21 June 1737. [CO. 137, zz,fos. 129-130^.]

357 Same to same directing that drafts of commission and instructions be
June 20. prepared for Lord Delawarr to be governor of New York and New

Jersey. Signed. \p. Endorsed, Reed., Read 21 June 1737. [C.O. 5, 1058,
fos. 175-176^.]

358 Alured Popple to Attorney- and Solicitor-General. In 1735 H.M.
June 21. assented to an Act passed by the Trustees for Georgia for maintaining

peace with the Indians in Georgia, now enclosed. Such parts of this
Act as lay restraints on the Indian trade are become matter of contest between South
Carolina and Georgia which makes it necessary for the Council of Trade and Plantations
to have your opinion upon the following queries : whether an Act of the Trustees of
Georgia or of any assembly passed in the colonies abroad and confirmed by the crown
can grant to any of the said provinces an exclusive trade with the Indians dwelling within
their respective provinces ; does the Act above mentioned exclude all persons whatsoever
whether inhabitants of Georgia or not from trading with the Indians settled within the
bounds of Georgia as described by the charter except such as shall take out licences
according to the directions of the said Act. Entry. 2 pp. [CO. 5, 401, pp. 219-221.]

359 Minutes of meeting of Trustees for Georgia. Read, a memorial to the
June 22. Treasury for directions for the issuing of the 2o,ooo/. granted the last

Palace Court. sess j on o f Parliament towards securing and settling Georgia. Secretary
to sign the same. Received of Mr. L'Apostre, io/. subscription towards building two
churches in Georgia and other religious uses, i p. [CO. 5, 687, p. 24.]

360 Benjamin Martyn to Commissioners of the Treasury praying for
June 22. directions for the issue of the 2o,ooo/. granted by Parliament for

Georgia. Entry. \p. [CO. 5, 670, p. 310.]

361 Council of Trade and Plantations to President John Hamilton. We
June 22. should have answered your letters of 2 November 1736 and 25 March

1737 but H.M. has appointed Lord Delawarr governor of New York
and New Jersey. We desire that until his arrival you will do your utmost to preserve the
tranquillity of the province under your command. Entry. Signatories, T. Pelham, James
Brudenell, R. Plumer. i p. [CO. 5, 996,^. 399.]

362 Same to Lieut.-Governor George Clarke, informing him of the
June 22. appointment of Lord Delawarr as Governor of New York and New

Whitehall. Jersey. We desire that until his arrival you do your utmost to preserve

l86 STATE PAPERS COLONIAL [363

the tranquillity of the province. Entry, Signatories, T. Pelham, James Brudenell, R.
Plumer. i p. [CO. 5, nz6,/0. 21.]

363 Trustees for Georgia to Sir Robert Walpole. Having in April last

June 22. presented a memorial to you, and as there was then a great hurry of
business and this is a time of more leisure, we hope you will permit us
to remind you of it since every day's advices confirm the necessity of having a speedy
resolution taken thereupon. We therefore give you a copy of that memorial which is as
follows : The colony of Georgia being entrusted by H.M. to our care we think ourselves
obliged to inform you of the situation of it and that the zo,ooo/. granted by Parliament
this year will not maintain the colony farther than Lady Day 1738. The expense of the
colony at first looks large but if you consider that the Trustees have hitherto protected
as well as improved the colony out of the parliamentary and other money you will find
that it has not been so expensive as other colonies. The military defence of Nova Scotia
and Annapolis stands the king in i3,ooo/. yearly though there is no improvement made
in that province. Most of the American colonies are at least as expensive as Nova Scotia
and Annapolis, the charge of which is either paid by the king for troops, artillery etc.,
or by taxes raised upon the people of the colony or by both. Thus Jamaica stands the
public in i4,ooo/. a year upon the estimate besides the governor's salary out of the civil
list and the taxes raised by the country; so that the whole expenses of Jamaica are near
30,ooo/. yearly.

Seven thousand pounds a year will be necessary to defray the expense of the civil
government, maintaining persons newly arrived, preserving a good harmony with and
supporting the Indians and carrying on the other improvements of the province such as
raising of silk, wine, oil and other produces, the expense whereof private persons are
not able to bear and which the Trustees apprehend is the reason why English America
has not yet produced any quantity of them though their climate and soil are very proper
for them. It will be expedient also that the sum intended to be granted to the Trustees
be put into the estimate laid by the crown before the Parliament for it will be impossible
for the Trustees every year to take upon them to proceed by petition nor can they be
expected to hazard the making contracts for men, provisions etc. (which is necessary to
be done the year before) upon the precariousness of their petition's being received or a
sum voted upon it.

Carolina and Georgia are almost surrounded by the French and Spaniards (who lie
upon the same continent and can march into the former through the latter by land). The
many improvements there made and the harbours now discovered occasions those
powers to be covetous of them and the more those provinces improve the stronger
their desire will be of getting them, for Georgia is the key of all North America. And if
they possessed those ports they could by cruising from thence search all the Carolina
and Virginia homeward-bound ships and would probably confiscate many of them since
they generally bring Spanish silver home which is the only coin current in America.
For these reasons the Trustees humbly apprehend that it will be expedient for H.M. to
order a regiment of 700 men to be raised which being properly posted upon the islands
and along the river will protect both those provinces from the Spaniards ; which seems
to be more immediately necessary since the Trustees have information from eye-witnesses
and men worthy of faith that the Spaniards are fitting up barracks at St. Augustine for
a regiment of 500 men which they daily expect and which with those already there will
make up noo regular troops, and that the French have 2500 regular troops in their
province next adjoining to Georgia and Carolina. Signed, Robert Tracy, James Vernon.
T. Archer, Robert Cater, J. Page, Edward Digby, R. Holland, Stephen Hales, Henry

367] AMERICA AND WEST INDIES 1737 l %7

Lapostre, John Laroche, Robert Hucks, George Heathcote, William Sloper, Thomas
Tower, Christopher Tower, William Heathcote, Thomas Frederick, Shaftesbury,
Egmont, Talbot, Tyrconnel, Carpenter, James Oglethorpe, H. Archer, R. Chandler.
2 pp. [C.O. 5, 654, fos. 109-1 iod; entry in CO. 5, 66j,fos. 23^. 24.]

364 Lewis Morris to Duke of Newcastle. On 22 October 1736 I gave you
June 23. an account of my arrival in Jersey and the reception I there met with.

Mornsama. j haye nQt received H.M.'s directions. I send a print I published on
Mr. Hamilton's Reasons. Signed, i small p. Enclosed,

364. i. Observations on the Reasons given by Mr. Hamilton's advisers for detain-
ing the seals of the province of New Jersey. The substance of Mr. Morris's case is his
seniority in the council and a royal instruction to him as president of New Jersey
dated i June 1736. Printed, n pp. [C.O. 5, 983, fos. 83-90^.; another copy of the
'Observations' in C.O. 5, 980, fos. 114-119^.]

365 Thomas Hawkins to James Oglethorpe. By Capt. Symonds I had yours
June 24. with the commission. I return hearty thanks. We have lost no people

since my last at either settlement and have but few ill at present, most
of which are on the recovery. On nth instant Dr. Lassell's son was unfortunately
drowned being in the river with many other boys; he was found i4th and buried by his
father; there is about 4/. icxr. sterling lodged in my hands which shall be remitted his
brother or defray the charges of the funeral etc. as you shall advise. The account of the
public building is so bad that I dread mentioning it to you, there not having been a brick
made since your departure from Savannah or a board sawed. My house is yet unfinished
but hope in a month's time to do it on my own expense if they do not proceed. We have
a good assortment of drugs remaining in the chest and have occasion only for the
enclosed catalogue to Mr. Verelst. There is and has been for near two months since a
great want of provision and great complainings amongst the people so that we dread
the consequence. What can be done to pacify them will not be wanting from Mr. Horton
or town-magistrates. A more particular account of the present state of affairs is apparent
from Mr. Horton's advices. Signed, i p. [C.O. 5, 639, fos. 370-371.]

366 Harman Verelst to John Mathias Kramer at Rotterdam. I will lay
June 24. your letter of 26th inst. (N.S.) before the Trustees next Wednesday.

lce ' I believe they will not increase your instructions which are confined
to 60 servants ; and if that certain number cannot be complied with for Mr. Hope to
engage in to send a ship to Georgia, your solicitation will be at an end and therefore
improper for you to stay at Rotterdam at expense. I shall write to you again this day
sevennight which may be sent after you if you go from Rotterdam before. Entry. ^ p.
[CO. 5, 667,70. 23; draft in CO. 5, 639,70. 2 75-]

367 Samuel Eveleigh to Harman Verelst. Yours of 24 March came by
June 25. Capt. Dymond who arrived at Cockspur Island the jth current; thank

na> you for your promise to pass my certified accounts as soon as possible
which I hope will be this month and then some part of it will be 1 3 months after I had
paid for the same: the interest whereof is n/. whereas I charge but 5 commission and
besides I charge nothing for storage etc. by which you may see that I get nothing by it.
I have supplied Mr. Causton since Mr. Oglethorpe's departure with provisions and other
necessaries to a considerable sum; but he writes me he must keep the sola bills for others
and therefore cannot pay me so that I am weary of supplying him. I forwarded a packet

188 STATE PAPERS COLONIAL [368

from Georgia to you by Capt. Ayers and shall forward another by Capt. Paul now ready
to sail. Herewith you will receive the Carolina Gazettes to this day. I desire you will
acquaint Mr. Oglethorpe that Mr. Wood and several other traders are come down from
the Creeks who inform me that the Indians and others give them an account that the
French design to attack the Chickesaws about the middle of next month when the corn
is ripe, that the Chickesaws are strongly enforted, that the French design to bring up
great guns and mortars against them, and that the traders in general are afraid the
French will rout them. Here is no news of any moment stirring but a general complaint
throughout the province of the want of Indian corn which is now sold for 3 0-3 5 .f. per
bushel. Signed. \ p. Endorsed, Reed. 21 September 1737 [C.O. 5, 6$<),fos. 373-374^.]

368 Capt. William Thomson to Harman Verelst. After a tedious passage
June 25. and bad weather I arrived here 21 inst. and received your letters of 27,

28 May and 1 1 inst. I received on board yesterday 20 menservants for
the Trustees; about 17 more are to come next week which MacBean engaged some time
past. He goes to the country for them to-morrow. Provost Hossack and the other
magistrates say he has been very diligent and frugal and that the allowance you have
limited him to will not answer the expense of those servants already got; without the
assistance of the Trustees he will not be able to pay me the money laid out for him in
London by your order. Several gentlemen here are trying to get servants written for by
their friends in Georgia which I hope will facilitate our departure. My deck is already
raised and everything relating to it will soon be finished. I find it is more expensive and
troublesome to get servants here than I imagined. Whilst in London I remember to hear
you speak about servants for one Wheeler on which you have given me no instructions.
Signed, i p. [C.O. 5, 639, fo. 258, 25 8</.]

369 Philip George Frederick von Reck to James Vernon. All the time I have
June 28 (O.S.). been in Germany I waited for an opportunity of writing some news

Windhausen a bout another transport for Georgia. But the appointed time of bringing
the people in the river of Thames approaching I take the liberty to ac-
quaint you: (i) that it seems as if no more Salzburghers are to be expected out of their
country ; (2) that Count Zinzendorff is gone himself to England to treat about his people ;
(3) that since the peace is made with France and the people living on the Rhine and Neckar
who were expelled from their farms and vineyards being now re-established I do not hear
of any thereabouts that incline to go to Georgia; (4) that the preparations of war against
the Turk still continuing the levying of soldiers takes away men and boys; (5) that not
finding good people and fit for labour I would not engage any idle, lazy, criminal or
indebted persons who do more harm than good in a new colony. If therefore you
should be pleased to employ me otherwise any further in the service of the Trustees in
Georgia and to enable me to subsist there without land, having no family and which I
never shall have, I shall always be ready to show you that I am with so much zeal as
respect your most humble, obedient servant. Signed, Reck. PS. I wrote Mr. Oglethorpe
some time ago; pray, my humble respects to him. Direct any letters for me to Mr.
Urlsperger at Augsburg. The enclosed to Mr. Wesley 1 I recommend to your care. 2
small pp. [C.O. 5, 6^,fos. 308-309^.]

370 John Martin Bolzius and Israel Christian Gronau to James Vernon.
June 28. Mr. Ziegenhagen acquainted us in his last letter of your continued

favour to us and how zealous you are to remove all difficulties our

1 MS: Wesele.

374] AMERICA AND WEST INDIES 1737 189

people laboured under at the new settlement; we see already the good effects, in the
Trustees' orders to Mr. Causton for redressing some difficulties. Ten families are pro-
vided with cows, the others are destitute of them and unable to buy even a calf. The
people's corn is so damaged by worms that their crops will be lost if not prevented by
providence. The reduced allowance is ordered to be given the Salzburghers to September
next which we believe will be continued longer if the people should be disappointed by
losing their crops. The surveyor Ross will begin running out the farms in September
but the most part of the lands will happen to be barren, and if not, few acres could be
of better soil to gain their bread from but they shall be forced to make it good by dung
in the first time. It will be their ruin and they shall be constrained to hire themselves out
like servants to a great detriment of their souls and to a destroying of our congregation.
There was no order sent over for having leave to exchange the bad garden lots with
better grounds. As for the building of our houses there is no hope for the present seeing
the Trustees have allowed only i6/. sterling for three houses and hogs and poultry
should be bought for the third Salzburghers of the same i6/. We ask you to lay our
necessity to heart seeing that our living in huts not only hurts our health but is a very
great hindrance to the right performance of our ministerial office. May God reward you
thousand times for all the favours you heaped upon us and our flock. Signed, z pp. [CO.
5, 639,7^. 376-377^]

371 John Pye to Harman Verelst, notifying arrival in Georgia after a

June 29. voyage of 10 weeks and requesting an increase in wages, things being
avanna . gQ ^^ n ^ co i orl y < Signed. PS. Pray send the enclosed to my mother,
i small/). Endorsed, Reed. 21 September 1737. [CO. 5, 639, /or. 379-380.]

372 Minutes of meeting of Trustees for Georgia. Received, a receipt from

June 29. the bank for io/. paid in by Henry L'Apostre. [See No. 359.] Received

a ace ourt. ^ j-) r Hales, io/. iQS. the benefaction of a gentlewoman towards the

expenses of Rev. George Whitefield and the schoolmaster going to Frederica for the

service of the mission. Received by the same, 4!. 4*. the benefaction of Rev. Mr. Vallois,

Rector of East Tisted near Alton, Hampshire, towards the expenses of Mr. Whitefield

and the schoolmaster, i p. [CO. 5, 687,^. 25.]

373 Petition of Trustees for Georgia to Council of Trade and Plantations.

June 29. They understand that, following the hearing of a dispute between
Georgia and Carolina, certain queries have been put to the Attorney- and Solicitor-
General, one of whom has been employed and instructed at the said hearing as counsel
for Carolina. They have entered a caveat with the Attorney-General that no report may
be made until they have been heard by counsel before him, and they now petition for a
copy of the queries. Signed, Ferdinand John Paris, solicitor for the Trustees, f p.
Endorsed, Reed., Read 29 June 1737. [CO. 5, 366, fos. i-id.}

374 Harman Verelst to Rev. George Whitefield. I have received orders for

June 50. clothing for you and the schoolmaster. [Details given.] The Trustees

eorgia ce. j es j re t o k now if the schoolmaster expects a salary or only food and

raiment or if he can subsist himself. As to the countrymen, one of them may have a lot

190 STATE PAPERS COLONIAL [375

of 5 o acres at Frederica and the other may live with him ; they may make what arrangements
for sharing the crop as they think fit. Entry. \p. [CO. 5, 667, fo. zzd.}

375 Council of Trade and Plantations to Duke of Newcastle, enclosing

June 30. the following representation upon the new proposal from the French
Whitehall. ministers. Entry. Signatories, Monson, T. Pelham, M. Bladen, R. Plumer.
i p. Enclosed,

375. i. Same to the King. The French ministers pretend to desire nothing but a
perfect equality but we are of opinion that the abolishing the 3rd article of their edict
of 1727 and making the others, which they call explanations of the treaty of 1686,
together with that treaty, the rule of navigation will not answer that end; since,
though the 3rd article should be repealed, yet by the 4th, jth and loth articles the
French subjects are enjoined and commissions are directed to be given by the
Admiral of France to fall on, seize and reduce by force of arms all ships whatever
found within a league of any of the French islands or within any of their ports,
creeks or roads, and by the nth ships even in distress are confined to certain ports
specified by name and excluded under pain of confiscation all others.

We are also of opinion that the edict, in the i2th, i3th, i4th, ijth and i6th
articles all relating to the subject of the nth and in those beforementioned, takes
away the equality that subsists between the two crowns by virtue of the Treaty of
Neutrality of 1686 in the fifth article of which it is expressly stipulated that the
navigation for the subjects of both crowns ought in no manner to be disturbed
where nothing is committed against the genuine sense of that treaty, which is
explained by a prohibition clearly specified to drive any commerce or trade or to
fish in the havens, creeks, roads, shoals or places possessed or which shall be possessed
by each other in America; and in the 6th that in cases of distress either from weather,
pirates or enemies or any other urgent necessity, the ships of war or merchantmen
of either nation shall not only be permitted to enter into any of the rivers, creeks,
bays, havens, roads, ports and shores of cither's dominions in America, but shall be
received and treated there with all humanity and kindness - stipulations of a very
different nature from the regulations of the articles in the edict abovementioned ;
and particularly so in the case of ships in distress on which we observe that there is
no such thing as choice of ports and that a ship in any of the distresses specified
cannot consider what ports are open to them by virtue of the nth article of the edict
of 1727 but what are most immediately necessary for their preservation; and this
seems to have been the sense of the French ministers at their conference with Lord
Waldegrave although the words of the edict are express against it.

We cannot advise you to agree to the French proposal of repealing and abolishing
the 3rd article of the edict and letting the other articles which they call explanatory
of that treaty remain as a rule of navigation. As we are very apprehensive that any
new regulation may tend to enervate the treaty of 1686 which seems to us to have
been very maturely considered and wisely calculated to prevent all depredations and
causes of misunderstanding in America, we repeat what we said in the conclusion of
our report to you of 21 April last and are still of opinion: that all matters continue
upon the foundation of the said treaty with the addition only of a specification of
what shall be deemed sufficient proof of illegal trade and what shall be the form of
proceedings thereon, that the French should repeal their edict and that mutual
restitution should be made not only of the vessels named in the French proposals
but of all others on both sides taken since the French edict of 1727 where there has
not been substantial proof of illegal trade made against them. Entry. Signatories, as

379] AMERICA AND WEST INDIES 1737 I 9 l

covering letter. } pp. [CO. 153, i6,fos. 59-61^; originals of both documents in CO. 5,
j,/w. 137-141^.]

376 Council of Trade and Plantations to Duke of Newcastle transmitting

June 30. drafts of commissions to Lord Delawarr to be Governor of New
white a . York and New Jersey with representation thereon. Entry. Signatories,
Monson, T. Pelham, M. Bladen, R. Plumer. i p. Enclosed,

376. i. 30 June, Whitehall. Same to the King enclosing drafts mentioned in cover-
ing letter. They are in the usual form. The necessary instructions will be prepared
with all possible dispatch. Entry. Signatories, as covering letter, i p.

376. ii. Draft of the commissions to Lord Delawarr. Entry. zz\ pp. [CO. 5, 1126,
fos. zi

377 Same to same, enclosing draft of commission for Edward Trelawny
June 30. to be governor of Jamaica, with representation thereon. Entry,

Signatories, M. Bladen, Monson, R. Plumer, T. Pelham. \p. [CO. 138
i %,p. 108.]

378 Same to the King, transmitting draft of a commission for Edward
June 30. Trelawny to be governor of Jamaica, which is in the usual form. We

shall prepare the necessary instructions for him with all possible dis-
patch. Entry. Signatories, Monson, T. Pelham, M. Bladen, R. Plumer. i p. Enclosed,

378. i. Draft of the commission mentioned in covering letter. Entry. 19^ pp.
[CO. 138, 18, pp. 109-129; original of covering letter in CO. 5, 196, fos. zi8-ziyd.]

379 Edward Trelawny to Duke of Newcastle. What condition Jamaica
June 30. wa s in before H.M. sent to its relief six independent companies from

Gibralter appears by the address which the governor, council and
assembly transmitted to the king in February 1734. [SeeCW. ^.P. Col., 1734-35^0.55.]
What the present condition is will best appear from the last address of the president,
council and assembly transmitted in November last. [See No. 1 5 6 ii.] These two addresses
set forth the distressed condition of the island with regard to the rebellious blacks only.
But when I consider the situation of Jamaica, that it is a frontier place surrounded as
it were with the settlements of France and Spain, as also its importance to Great Britain
(the sugar-trade and indeed the whole trade of the West Indies chiefly depending upon
its preservation) I am fully persuaded that you will not be of opinion to take a step of
such consequence to Jamaica as the withdrawing half the forces from thence without
being moved to it by the legislature of the island, who you may be assured will be glad
to save the subsistence money they pay to the soldiers as soon as their safety will allow
them to do it. Signed. 4 pp. Enclosed,

379. i. Memorial of same to same. An application having been made for the
removal to Georgia of the forces now in Jamaica, the memorialist represents the
distressed condition of Jamaica resulting from the rebellious negroes. The negroes
were much emboldened by their success before the arrival of these troops, and the
government of the island being unable to send forces against the rebels was obliged
to put the colony under martial law with many inconveniences. Following the
address of the governor, council and assembly to H.M. in February 1734, six com-
panies of 100 men were sent, with consequent improvements in the condition of
Jamaica. Much, however, remains to be done, and to reduce the number of troops
now would be to deliver the island to the blacks. There is nowhere that wants troops

1^2 STATE PAPERS COLONIAL [380

more than Jamaica and no place of such importance to this kingdom. The negroes
in many of the British plantations have of late been possessed of a dangerous spirit
of liberty. They have actually risen in Antigua and have threatened to do it in the
rest of the sugar-plantations. Should the negroes in subjection at Jamaica fall into
the same way of thinking, Jamaica must instantly be lost to the whites if they have
not some forces upon whose assistance they can rely, there being no manner of pro-
portion between the blacks and whites in this island, there not being in the whole
island above 8000 whites of which not above 1000 are masters of families or have
any property; and the negroes in the exactest computation exceed 80,000 besides
those in rebellion whose numbers are not less than 2000. 8 pp.

379. ii. Anonymous, undated paper 'Reasons for continuing the companies at
Jamaica'. [In same hand as covering letter^ Even if the dangers from the rebels are not
as great as have been apprehended, the presence of the soldiers relieves the inhabitants
from going out against the negroes in parties and takes away the necessity of martial
law. The fact that the soldiers have committed insults on the inhabitants, which may
occasion two or three planters to be against them, is owing to the want of power of
holding courts-martial extending to death, without which it is impossible for the
officers to retain the soldiers as they ought to be. This may be remedied by making
the governor a field-officer. 2 \ pp. [This document is filed with the two preceding but may
not be an enclosure^ [CO. 137, i6,fos. 74-84^.]

380 Harman Verelst to John Mathias Kramer at Rotterdam. I should be
July i. glad to know what certainty you have of engaging any more than 60

orgia (Jfflce i n ca se the Trustees should increase your instructions for a number not
exceeding 100 heads; and if such a number became certain to Mr. Hope, sure others at
their own expense would complete a full loading to him. Your answer to this I shall lay
before the Trustees. Entry. % p. [CO. 5, 66j,fo. 23.]

381 Governor William Mathew to Alured Popple. I have delivered to the
July 4. care of Capt. Sommers a box containing the duplicate of the Mont-

>top er s. serrat ^ ct or res training slaves, of which I formerly sent you the
original, and two Acts of Nevis, one for the better government of negroes and the other
to oblige all vessels to perform quarantine that come from infected places. These I pray
you will lay before their lordships. I explained the Montserrat Act when I sent it first
home and have no observation to make on the two Nevis laws which are such as are in
other of these islands and sufficiently explain themselves. I also send minutes of council
of Montserrat for quarter ending 2 5 June last. I have no other public papers by me to
transmit to you. Signed, i small p. Endorsed, Reed. 16 August, Read 31 August 1737.
[CO. 152, 23,/oj. 40, 4o</, 45,

382 George Whitefield to Harman Verelst. I am well pleased with the

July 6. things the Trustees have ordered for me and the schoolmaster, for

which I desire they will accept my thanks. As for any salary being

allowed the schoolmaster, he neither expects or desires it but only depends on food and

raiment proper for a person of his station, which I suppose the Trustees will readily

allow him. Besides the things mentioned in my last I believe I shall stand in want of a gun,

a sea-chest and some other trifling particulars; but those being easy to be procured I

shall defer mentioning them till I come to town which will be as near as possible to the

time we are to embark. Signed, G.W. i small/). [CO. 5, 659, fo, 303, 303^.]

386] AMERICA AND WEST INDIES 1737 193

383 Minutes of Common Council of Georgia. The accountant acquainted
July 6. the Common Council that pursuant to order of 2 June 1736 a draft

Palace Court. ^ ^ een mac j e on ^ k an k f or JOO f or p a y ment o f so l a bjU s> jy[ r

L'Apostre acquainted the board that on 1 3 June last year's vouchers to 9th inst. included
were exchanged with the bank and that the balance of the Trustees' cash in the bank on
that day amounted to 35 19/. 13.?. n.d. ; and that the sola bills paid in last year that were
cancelled and affixed to their cheques amounted to 26677. The accountant acquainted
the board that of the said balance of 3 5 1 9/. 1 $s. i id., 1 3 3 3/. stands appropriated for pay-
ment of outstanding sola bills, residue of the 4000!. made out, 19207. i^s. 8J</. for
particular uses, and 26 5 7. 19^. i\d. for establishing the colony.

Resolved, that a committee of embarkation be appointed to consider what provisions
and tools may be necessary for Georgia for the year 1737 and that any three of the
Common Council be a committee for that purpose. Resolved, that Capt. Dunbar's
memorial be referred to committee of accounts. Read, a memorial of Mr. Vat desiring a
further gratuity ; he was acquainted that the Trustees could make him no further allow-
ance. Resolved, that Robert Howes's house be rebuilt as it was before it was burnt down
out of the fund for religious uses. Resolved, that when the 2o,ooo/. granted the last
session of Parliament shall be received from the exchequer, any five of the Common
Council be empowered to draw on the bank for 62887. 9^. ^\d. to make good the following
demands: 3897. %s. <)\d. to be paid over to make good the application of Sir Jacob
Bouverie's benefaction; 2oo7. to answer a bill drawn by Mr. Oglethorpe 27 April 1736
to Paul Jenys & Co. not yet come to hand; ioo7. for a bill drawn by Mr. Oglethorpe
20 September 1736 to Capt. Macpherson payable 7 July 1737; ioo7. for a credit on Caleb
Davis at St. Augustine in October 1736 not yet drawn for; 1057. $s. nd. paid by Mr.
Verelst for the Trust since 9 June 1737; 15007. for sola bills paid away by Mr. Causton
without Mr. Oglethorpe's endorsement for which the said sum was appropriated by
Common Council 29 April 1737; and for the following certified accounts: Samuel
Eveleigh, 9977. 6s. yd.; William Bellinger, 2347. 17^. $d.; Hugh Bryan, 5787. 2J-. 8*/.; Col.
William Hazard, 697. izs. ; Samuel Montaigut & Co., 2667. is. %d.; Messrs. Minis &
Salomons, 21 87. 7^. $d. ; Robert Ellis, 37 17. iSj-. nd. ; for half year's salary to secretary
and accountant due midsummer last, 757. each; quarter of a year's rent for the house,
77. loj 1 . ; for iooo7. for sola bills sent for the service of the colony since Lady Day 1737
ordered by the Common Council 21 March 1736/7. 5 pp. [C.O. 5, 690, pp. 89-93.]

384 Minutes of meeting of Trustees for Georgia. Received, receipts from
July 6. the bank for io7. los. and 47. 4*. paid in by Dr. Hales. [See No. 372.]

a ce ourt. Received, same for 2o7. paid in by George Wright, the benefaction of
a lady for the expenses of Mr. Whitefield and the schoolmaster going to Frederica. Read,
a letter of attorney empowering the accountant to receive at the Exchequer the 2O,ooo7.
granted by Parliament towards the further settling and securing Georgia. Seal affixed
thereto, secretary to countersign. Received of Earl of Egmont, io7. his subscription for
building two churches in Georgia and other religious uses. 2 pp. [C.O. 5, 68j,pp. 26-27.]

385 Letter of attorney by Benjamin Martyn to Harman Verelst empowering
July 6. him to receive 20,000!. from the Treasury granted by Parliament for

Georgia. Entry, i p. [C.O. 5, 670, p. 311.]

386 Memorial of John Ashley, one of the deputies of Horatio Walpole as
July [6]. Surveyor-General of H.M.'s Revenues in America, and late councillor

of Barbados, to Council of Trade and Plantations. To remedy the
1 3 XLIII

194 STATE PAPERS COLONIAL [387

decay of the sugar-trade, the memorialist proposes: (i) liberty to carry produce of
British sugar-islands to foreign markets for the reasons set forth in the annexed manu-
script entitled 'The Miserable Case of the British Sugar Planters Considered' ; (2) an
instruction to the governor of Barbados to pass an Act agreeable to the annexed bill to
preserve and manure such plantations as are largely indebted and for relief of insolvent
debtors; (3) the assembly of Barbados to lower interest on future contracts to a level
agreeable to the low price of the staple commodities of the island and the fall of interest
in Great Britain. Signed, i p. Endorsed, Reed., Read 6 July 1737. Enclosed,

386. i. The Settlement and Insolvency Bill as proposed for Barbados. This is
intended to reform the relations between creditors and insolvent debtors and to
preserve the plantations of debtors by the appointment of trustees. 10 pp.

386. ii. The Fall of Barbados since the French Edict of 1726 permitting direct
exportation from their sugar-plantations; statistically demonstrated by the yield of
the 4k P er cent - duty m Barbados, i p.

386. iii. Advantages attending the proposed debt-law, fy pp.
386. iv. 'The Miserable Case of the British Sugar-Planters Considered', n June
1737, by Brittanicus, with statistical appendix. 23 pp. [CO. 28, zi,fos. 3-17^, 3 1-44</.]

387 Lieut. -Governor Lawrence Armstrong to Council of Trade and

July 8. Plantations. In my letter of 22 November last I laid before you all our

Annapolis Royal. p rocee< ii n g S j n relation to the French priest. I acquainted you that a

petition of the inhabitants for Mr. St. Poncy's officiating this winter was under the

consideration of the board, who finding there was no convenient opportunity to send

him away, the winter being set in, were moved as well as myself by the earnest prayers

and entreaties of the people and his own submissive behaviour to grant their request

with some restrictions as per minute No. i.

No. 2 will inform you of the misfortune that happened to Lieut. Amhurst, an officer
of the regiment and a member of H.M.'s council for this province, whose house was
burnt to the ground on 19 April last in spite of all our endeavours to save it. All his
clothes, household goods and provisions were consumed, his loss amounting to a
considerable sum. You will perceive that this misfortune did not casually happen through
the usual neglect of servants but that the house was wilfully set on fire by Isaac Provender,
his bound servant, a boy betwixt 10 and n years but whose malice and villainy very
much exceed his age. He is now a prisoner, and as we have no gaol his confinement
grows very troublesome to the garrison. I sent to consult a lawyer in New England how
far we could proceed against him as he is within the years of discretion: his answer is
marked No. 4. But I am still at a loss what to do with him since the council is not em-
powered to try for capital crimes nor to inflict condign punishment upon such offenders.
They therefore desire that you will lay this affair before H.M. and signify to us his pleasure
therein by the first opportunity.

No. 3, the next minute, relates to a villainous robbery perpetrated by a few rascally
Indians at Piziquite upon an English sloop belonging to one Stephen Jones, whereof
No. 5 is an account. I have sent circular letters to all the Indians of the province to
require them to make him restitution as they have engaged to do by the last treaty of
peace. I have likewise wrote to the deputies of Minas 1 and Piziquite agreeable to the
foresaid minute which I hope you will approve of. Since the robbery was committed
within their precincts I think it is but reasonable that they should make satisfaction to
the merchant for his losses. Pursuant to H.M.'s intentions signified in your letter of 18
February 1736/7 such of H.M.'s five eldest councillors as are resident in this province

iMSiMenis.

391] AMERICA AND WEST INDIES 1737 195

are now embarking to meet the commissioners of the other provinces at Hampton in
order to settle the boundaries betwixt Massachusetts and New Hampshire. Signed. 3 pp.
Endorsed, Reed. 17 September, Read 21 September 1737. Enclosed,

387. i. Affidavit of Stephen Jones, master of Friend's Adventure, sworn 18 June
1737. While trading in the river of Piziquite in Nova Scotia on ist inst. his ship was
boarded by 6 or 7 Indians and plundered to the value of -jol. or more. Having
escaped, he met M. Manfils the priest of Piziquite and about 20 of the inhabitants,
all unarmed, and begged them to assist him. They went with him but they seemed
rather to joke and trifle with the Indians than to assist him. Copy, certified by Otho
Hamilton, secretary. 3^ pp. Endorsed, as covering letter.

387. ii. Abstract of minutes of council of Nova Scotia held at Annapolis Royal,
20 April 1737, concerning fire at Lieut. Amhurst's house. Copy, certified as preceding.
7 pp. Endorsed, as covering letter.

387. iii. Opinion of William Shirley, a New England lawyer, on the case of the
burning of Lieut. Amhurst's house by his servant. Boston, 20 June 1737. Copy. 2pp.
Endorsed, as covering letter. [CO. 217, 8,/o.r. 10-19^.]

388 Lieut.-Governor Lawrence Armstrong to Duke of Newcastle. [In

July 8. substance same as preceding but without last sentence.} Signed. 3 pp. Enclosed,

Annapolis Royal. ^ L Copy Qf NQ< ^ ~ ^ ^

388. ii. Abstract of minutes of council of Nova Scotia held at Annapolis Royal,
10 June 1737, relating to robbery at Piziquite. Signed, Otho Hamilton, secretary;
L. Armstrong. 4pp.

388. iii. Copy of No. 387 iii. 2 pp.

388. iv. Copy of No. 387 i. }%pp. [C.O. 217, 39, fos. 175-180^; CO. 217, 31, fos.
117-118^, 125-128^ for enclosures ii.-iv.]

389 Accounts of Jeremiah Allen, treasurer and receiver-general of H.M.'s
[Julys.] revenues in Massachusetts, 28 May 1735-18 June 1736. Payments

and disbursements: 37,7267. js. yd. Outstanding on 18 June 1736, of taxes: 69,3067.
I4J-. lod. Remaining in treasurer's hands, in bills: 31,2517. is. iod. Passed the house of
representatives, 28 December 1736; passed the council, 29 December 1736. Signatories,
J. Quincy, speaker, Simon Frost, deputy secretary, J. Belcher. Copy, certified by J.
Willard, secretary. 23^. Endorsed, Reed., Read 8 July 1737. [CO. 5, 879, fos. 174-185^.]

390 Archibald MacBean to Harman Verelst. Capt. Thomson wrote you
July 9. this day sennight when I was at a fair in Tain 1 8 miles north of this,

Inverness. tQ W j 1 j c j 1 re f er< i have got now on board for the Trustees 33 servants
and ashore 10 more. Besides I run a good chance next week in the two principal fairs
that stand in this and another place four miles distance from it to make several servants
and if possible a piper or two ; and will report my success by next post when I shall
transmit an account of my charges in levying the whole. Signed, A.M.B. i small p.
[CO. 5, 6)9, fos. 3i7-3 I 8.]

391 Governor William Mathew to Duke of Newcastle. I did not receive
July ii. ^ till yesterday by way of Montserrat your commands of 30 April last

"stop < r s. anc j j am unc j er so great concern for having so justly incurred H.M.'s
displeasure that I beg you will excuse what may be amiss in this, the ship sailing this day
or at furthest tomorrow giving me no time to recover myself from the disquiet I am now
under; and yet my ready obedience will not permit my letting this opportunity slip of
immediately begging your intercession on my behalf to obtain my being restored to his

196 STATE PAPERS COLONIAL [391

royal favour which I can pray for only on the merit of a hearty sorrow for what is past
and a steady resolution by my future exact obedience and diligence to do my best to
deserve his gracious pardon.

It is impossible for me by this opportunity to send you an exact list of all the French
seizures, but I am dispatching a vessel to the other islands for the accounts I want from
the several registers of the Admiralty to enable me to send to you a complete one, and
with it an account of all the transactions you order my sending and the names and values
of these vessels and their cargoes. Not a minute shall be lost in my obeying this command.
My own concern with the Fleuron and her cargo is that with the consent of the agent for
the freighters, her lading being chiefly sugar (which is a perishable commodity), it was
all shipped by Thomas Kerby of Antigua to Mr. William Gerrish of London, merchant,
and by him to Rotterdam; but what it sold for I have no account as yet and the whole
shall remain entire for H.M.'s orders. The ship itself lay several months at my expense
in Antigua : I thought it best to sell her, and she was sold at public outcry. Yet at last I
was forced to take her myself and the expense of keeping her increasing upon me daily,
I chose to get her a lading and send her to London ; and if she got there safe she or her
value shall also be wholly at H.M.'s disposal. And lest she might miscarry I ordered her
being insured. In every part where I have been concerned H.M.'s will shall be my sole
direction.

I heartily lament the errors of my judgment which misled me to think sending
accounts of all these proceedings to be laid before you as need should be by my agents
was doing my duty. But I now see my fault, that I ought to have accounted directly for
them to you as I with utmost speed will do. I will make no delay in getting the produce
of all seizures secured to be ready to be restored as H.M. shall direct. One-third of
every one seized by the Montserrat Act (except the Fleuron) was paid into the treasury
of that island, and there it shall be safely kept. What the captors had for their shares I
will do my best to secure there. I think I may with truth, without waiting for accounts
from other islands, inform you that no seizures have been made of foreign vessels other
than French. The bond for the Fortune I had no intention in taking but to bring the
French to see the unreasonableness of their edict. It shall be delivered on H.M.'s first
signification of his pleasure. The daily objects I had before me complaining of French
cruelties overcame my reason and judgment, for had either been right with me I had
never broke through an instruction to pass a law, though in my own apprehension ever
so salutary or necessary. I entreat you to believe my intention was for H.M.'s service
and the welfare of his people here in preventing illegal trade though I so inconsiderately
and indiscreetly endeavoured by an improper method to effect it.

However guilty I have been in giving my assent to this law, I pray I may not be
answerable for any erroneous judgments given in the Court of Admiralty and which
cannot be justified even by that law. I never was present on the island or interposed,
nor am I chargeable with giving any directions or otherwise endeavouring to influence
the judge in his sentences against the defendant. But when any seizure was made the
claimant or defendant had full liberty of defence by his counsel as he pleased and might
have appealed to any superior court. I observe from the representations of the Council
of Trade and Plantations to H.M. that if that judge of the Admiralty in Montserrat had
distinguished rightly the force and meaning of the two laws in question there would
have been few or none of these condemnations of French or Dutch cargoes, consequently
the occasion of this complaint against me greatly prevented. The weakness of the judge,
who was so many years ago, or ill defence of the claimants will not be imputed I hope
to me as my crime. I shall be very resigned under anything I shall suffer for my indis-
cretions if I can but at last be restored to H.M.'s favour, for which I again beg your

392] AMERICA AND WEST INDIES 1737 *97

kind intercession ; and this I will hope for if you in great goodness will vouchsafe to
continue your protection. Signed, 6 small />/>. Endorsed, Reed. 7 September. [C.O. 152, 44,
fos. 1 1 6-1 2 id.}

392 Governor Jonathan Belcher to Council of Trade and Plantations. I

July ii. wrote to you on 14 June, since which I have prorogued the assembly
of this province to 4th of next month, after their having passed the
usual bills for raising the necessary revenue in support of H.M.'s government as well as
several other bills of a public and private nature, all which will be duly transmitted to
you by H.M.'s secretary of the province. The assembly would by no means be prevailed
on to give any further pay or subsistence to the fort at Pemaquid and this they declined
for the reasons you will find in their journal herewith. Indeed it was a dishonour to H.M.
to have it called a fort, the dwelling-house and barracks being encompassed only with a
loose stone wall, little better than what is commonly made round a sheep pasture, and
even that is almost wholly tumbled down. To Fort George at Brunswick in Kennebec
River they have voted pay only for a sergeant and six men (which had before a captain
and fifteen men) ; and to Fort Richmond in same river only a captain and ten men (which
had before twenty men). Everything looking so much like a general peace, the assembly
are desirous to lessen their public charge, and when they established the fort at Pemaquid
it was for three years, which expired in November last. The governor has indeed the
power of erecting and demolishing forts etc. by the charter, but if the assembly will not
pay and subsist the men the forts must necessarily drop. I am glad that this assembly
(as well as the last) are so well inclined to bring their bills of credit to a better value,
which, when thoroughly effected, will be attended with happy consequences to the
trade of Great Britain as well as to H.M.'s subjects of this province. But the emissions
of bills made for above 20 years past have been a downright fraud to all persons that
have been obliged to take them in pay.

I think myself obliged in duty to H.M., who has honoured me with his royal com-
mission to be his governor and captain-general of his provinces of Massachusetts Bay
and of New Hampshire and is pleased in his instructions to style me the representative
of his royal person, to address myself to you on the method or channel into which the
affair of the settlement of the line between this province and New Hampshire is directed,
I mean as to the sending of the commission to Mr. Rindge, a pretended agent for New
Hampshire though he never was anything more than an agent for the house of repre-
sentatives only. I have received letters from several of the governors of the neighbouring
provinces, from whence the commissioners are to come, to desire I would acquaint
them so soon as I should receive H.M.'s commission appointing the commissioners in
this affair; to which I have been obliged to reply that I have not seen the commission
to this day although I have been informed it is in Mr. Rindge's hands. It lay (as I was
told) several days in this town and then was sent to New Hampshire; but it not being
possible for me to gain any knowledge of its being arrived or when it might arrive, I
prorogued the general assembly of this province to 4 August by advice of H.M.'s
council, so that if the commissioners meet on i August the demands and pretensions
on the side of this province cannot be laid before them, though they may be in some days
after. But had the commission been sent to me immediately (as I doubt not you will
think it ought), it had come in season for my conducting the matter exactly in time as
to the sitting of the assemblies of both provinces. Should any of H.M.'s affairs properly
belonging to the cognizance of your Board be directed to some mean and inferior person
to give him the respect in preference to you of the first knowledge of them and so to be
conveyed to you, it would certainly be thought a great indignity offered to the character

198 STATE PAPERS COLONIAL [393

of your Board. I think all the king's officers and servants must enjoy their just authority
and honour, otherwise the king's power and honour will of consequence be trampled
upon and H.M.'s service with the welfare of his people will be exposed to great incon-
veniences. I have been larger to you in this representation as depending the matter has
been managed in the manner it has by some of the servants of your office entirely without
your knowledge, who I am sure would not have suffered the doing of a thing that so
militates with all the good rules and orders of government and is of a piece with what
I complained of to you in mine of 10 May past respecting some packets directed to me
from you. Signed. 8 small/*/). Endorsed, Reed. 22 August, Read 24 August 1737. [CO. 5,
88o,/0.r. ij-zid.]

393 Same to Duke of Newcastle. [In substance same as No. 392.] Signed.

July ii. g small/)/). Endorsed, Reed. 28 August. [CO. 5, %<)<),fos. 270-273^.]
Boston.

394 John Mathias Kramer to Harman Verelst. Your letter of 24 June
[July 12 (O.S.).] leaving me so little hopes that the Trustees would augment the number

July 23 (N.S.). o f t^ 6 serva nts that they rather previously advised me not to solicit
further about them, I (having first left orders with a friend to take
care of such persons as might remain behind after the departure of the ships for Philadel-
phia and to dispose them to a voyage to Georgia) came here on affairs of my own. Since
my arrival here I received yours of i July in which you desire to know what number
of persons I have if the Trustees should extend my instructions to 100 and the rest
could be completed at the expense of Messrs. Hoops. To this I answer that the ships
were not departed for Philadelphia when I left Rotterdam and consequently I could not
know what number of persons remained behind though I expect an account of it from
my friend every post. But I very much doubt whether Messrs. Hoops will take a
sufficient number to complete a ship's loading at their expense. I shall therefore expect
the sooner the better the positive resolution of the Trustees what number of persons
they are willing to transport to Georgia because delays may be dangerous and these
poor people, not having wherewithal to subsist in Holland long, will be obliged to
return to Germany. As soon as I receive this I will return immediately to Rotterdam
and endeavour to get together such a number of persons. But it will be necessary that
you assign me money for my expenses without which nothing can be done. German.
Signed. PS. Send to me by Mr. Dupre, a merchant in Lawrence Pountney Lane, London,
who has dealings in Krefeld, or by way of Rotterdam. 3 pp. Seal. [CO. 5, 639, fos. 311-
; English translation at/0. 314, 314^.]

395 President John Gregory to Council of Trade and Plantations. Mr.

July 12. William Needham who was appointed of the council very lately
Jamaica. showed me his privy seal and desired leave to resign it. It was obtained
without any application from him; and as he has been very long speaker of the assembly
and given satisfaction in that post, he chooses to continue in it. Besides he had the offer
of a councillor's place in the Duke of Portland's time; as he then refused it and is a
gentleman advanced in years, he is better satisfied as he is than to come in youngest at
the board where he might have had earlier pretensions. I have been lately obliged to
require the attendance of the four absent councillors, being put to great difficulty to
make a quorum by the sickness and great distance of some of the members. (The number
consists of the six following, Mr. Campbell who lives at 100 miles distance, Mr. Mill
who is very sickly and infirm, Mr. Hals, Mr. Concanen, Mr. Philp, Mr. Garbrand.)

396] AMERICA AND WEST INDIES 1737 199

Those four gentlemen not having attended pursuant to the summons, the board advised
me to give them a further day and then suspend them if they do not come. H.M.'s
instruction is not to suspend without the consent of seven of the council : but as that
is impossible in the present case, there being but six, I hope I shall not be thought
guilty of a breach of the intention of the instruction in following their advice. I shall
not attempt it but upon the greatest necessity, and I assure you (without giving myself
any airs) I shall be glad to be freed from that difficulty by the coming of Mr. Trelawny
who has outstayed both my expectation and inclination. Signed. PS. You will observe
in the last minutes of the council the steps I have taken in relation to the gentlemen
who have withdrawn their attendance. I enclose the deposition of a caption made by the
Spaniards of one of our vessels, i p. Endorsed, Reed. 4 October, Read 5 October 1737.
Enclosed,

395. i. Affidavit sworn before Samuel Dicker at Kingston, Jamaica, 7 July 1737,
by John Curtis, late commander of the St James of about 100 tons belonging to
Bristol and bound from Bristol to Cork and Jamaica, George Reynolds, boatswain,
Silvester Plummer, Josia Gyles, James Painter, Richard Witts and Robert Durnell,
sailors, all of the said ship, of which the owner was Michael Atkins of Bristol,
merchant. They sailed from Cork for Jamaica about 9 March last. In the longitude
of Porto Rico and about 20 leagues south thereof and in latitude 16 50" north, on
12 May a i6-gun sloop with upwards of 60 men under Spanish colours came up.
They were afterwards informed the name of the ship was Crusier and the commander
a mulatto, Domonick Sanches. The St James was fired on and struck her colours,
was boarded, and carried to a bay at the west end of Porto Rico where she was
detained about ten days ; in that time part of her cargo was plundered and the ship's
papers seized. On order of the governor, the St. James was then removed to the
city of San Juan where the remainder of her cargo was taken out. Capt. Curtis
sought satisfaction of the governor but could get none. Part of the provisions of the
St. James was put aboard a 5o-ton Spanish royal ship, the San Juan. Deponents
escaped privately in the night and got to Jamaica. They had not traded anywhere
on the Spanish coast nor had any such intention nor had they sailed within 1 5 leagues
of any Spanish coast. Signed. Witnessed, by Isaac Haig, John Searle, Joseph Love.
Certified, by William Foster, notary public, that Samuel Dicker before whom the
foregoing was sworn is one of the judges of this island. 4 pp. [C.O. 137, 22, fos.
142-144^; duplicate of letter at/0. 145,

396 Minutes of meeting of Trustees for Georgia. Received, a receipt from

July 13. the bank for io/. paid in by Earl of Egmont. [See No. 384.] Received,
a ace ourt. same f or IO / t Iafm p a j(j by Philip Percival received by him from Thomas
Morse. [See Nos. 290 and 316.] Received by Rev. George Watts of Lincoln's Inn,
5/. 5-r. benefaction of a person who desires to be unknown for general purposes. Ordered,
that the secretary and accountant make an extract out of the books belonging to the
office of all orders and instructions sent to Georgia to which no returns appear to have
been made to the Trust; and that a copy of the said orders and instructions be delivered
to William Stephens, secretary for the Trust in Georgia, with an instruction that he
enquire into the reasons why no returns have been made and inform the Trustees of
the same with all convenient speed after his arrival there. Mr. Vernon laid before the
board Mr. De Reek's letter of 28 June 1737 [see No. 369]. Ordered, that a letter be sent
to Mr. De Reck to acquaint him that the Trustees do not propose to subsist any people
in the colony who do not intend to cultivate land and desiring him to let the Trustees
know whether he intends to return to Georgia and to inform him that the grant of land

200 STATE PAPERS COLONIAL [397

made him 7 October 1735 will be vacated if he does not return within six months.
Received, a receipt from the bank for 2o,ooo/. received by the accountant at the Exchequer
being so much granted by Parliament for the further securing and settling Georgia,
vizt. net money arising from the said issue, 19,4927. 9^. 6d. ; various fees remitted,
5077. IOJ-. 6d. 2.% pp. [CO. 5, 6%i,pp. 28-30.]

397 Lieut.-Governor Thomas Broughton to Council of Trade and Planta-

July 13. tions certifying that the five following affidavits 1 were taken before
him in the council and that Thomas Dale is a J.P. in Berkley county, South Carolina.
Signed, John Hammerton, secretary, Thomas Broughton. i large p. Enclosed,

397. i. Affidavit of Richard Wigg, late of Charleston, merchant, sworn before
Thomas Dale, 25 June 1737. In February 1734/5 Chaloner Jackson sent deponent
two bales of woollen goods. These were appraised on 1 1 February and sworn before
a J.P. to be worth 1237. is. Carolina money, at that time equal to ifl. us. %\d.
sterling. Signed, Richard Wigg, Thomas Dale. \ p.

397. ii. Affidavit of John Walker late of Providence in the Bahamas, mariner,
sworn before Thomas Dale, 16 June 1737. He and his brother Charles in passage
from South Carolina to Jamaica in November 1734 put in to Providence. They were
ordered to go before the governor. When they did not the governor sent a sloop
with soldiers for them but they escaped. They understand the governor thereupon
proclaimed them pirates. Deponent's land and house in Providence have been seized
and sold by the governor and the money converted to his own use. Signed, John
Walker, Thomas Dale, i p.

397. iii. Affidavit of Charles Jacob Pichard late of Providence, shopkeeper,
sworn before Thomas Dale, 14 June 1737. He was wrongfully arrested by Governor
Fitzwilliam on suspicion of harbouring Watson, a deserter from the garrison. The
governor has compelled the inhabitants to build him two lime kilns for which he
has not paid. He keeps a shop in Nassau and awes the inhabitants from dealing
elsewhere than with him. Deponent was refused permission to leave the island until
he had paid 40 pieces-of-eight to the governor which he was alleged to owe to John
Colebrooke; the sum he owed was really 15! pieces-of-eight and the governor had
no authority to demand the money. The governor obliges the soldiers belonging to
the independent company to perform very hard labour for his own private use
without satisfaction and compels them to take goods they do not want at a very
extravagant price for their pay. Signed, Jacob Pichard, Thomas Dale. i\ large pp.

397. iv. Affidavit of Samuel Eveleigh of Charleston, merchant, sworn before
Thomas Dale, 14 June 1737. Deponent has resided in Charleston nearly 34 years
and carried on a considerable trade to Providence. He has heard many accounts of
the barbarous treatment of the soldiers by the governor and of the frauds practised
on them, particularly from Mr. Sherley, late attorney-general of Providence and now
residing in North Carolina. Excessive port duties have been charged. The inhabitants
are too frightened to complain and are, deponent is informed, now being persuaded
to sign a false paper in favour of the governor. Signed, Samuel Eveleigh, Thomas
Dale, i large p.

397. v. Affidavit of Henry Mathews, late of Providence, cooper, sworn in council
before Thomas Broughton, 30 June 1737. Governor Fitzwilliam bought some flour
of Thomas Petty and Peter Goudet to send to Havana; some difference arising

1 i.e. Nos. v ix.

397] AMERICA AND WEST INDIES 1737 201

between them the governor prosecuted Petty and his security, Samuel Lawford, on
a plantation bond. While the cause was at issue the governor removed Nicholas
Rowland, chief justice, and put in his place James Scott. The governor being in-
debted to deponent paid the debt in overvalued cloth. It is publicly declared at
Providence that the governor struck Chaloner Jackson several times because Jackson
would not give a certificate for some goods of the governor's. Jackson was arrested
and his negroes sold publicly for less than their value and were bought for the
governor's use. Deponent has seen a proclamation that debts owed to Jackson
should be paid to Edward Knight, provost marshal. This, together with other ill
treatment by the governor, shortened Mrs. Jackson's days. Deponent has often
heard the soldiers complain of hard and barbarous usage by the governor; one John
Hogg, a soldier, drowned himself. On 17 March 1735/6 42 soldiers mutinied and
got away from the island in a vessel, but were captured; they were all sentenced to
death for piracy, 12 being hanged. A French sailor who, according to the soldiers'
evidence, had been forced to help them to navigate the sloop they intended to sail
in was most barbarously executed. It was the general complaint of the inhabitants
that the arbitrary and illegal administration of the governor would drive the greater
part of them to some other colony. Signed, Henry Mathews, Thomas Broughton.
i\ large pp.

397. vi. Affidavit of Abraham Astin, late of Providence, blacksmith, sworn as
preceding, 30 June 1737. The governor engrosses cargoes coming to the island.
James Scott began a suit against Samuel Lawford and Thomas Petty on a plantation
bond. While the case was being heard Mr. Rowland, the chief justice, was removed
and the said Scott put in his place. When Lawford objected to Scott as chief justice,
he being prosecutor in that cause, he (Lawford) was fined and committed to prison
for contempt of court. Regarding Chaloner Jackson's treatment, the treatment of
the soldiers and the barbarous execution of the Frenchman, this affidavit substantially
agrees with preceding. Deponent was not paid for work he did for the governor who
arbitrarily took from him his working tools so that he was obliged to leave the
island. Signed, Abraham Astin, Thomas Broughton. 1 1 large pp.

397. vii. Affidavit of Thomas Allan, late surgeon of H.M.S. Shark, now surgeon
of H.M.S. Rose on South Carolina station, sworn as preceding, 4 July 1737. On
21 October 1734 he treated Chaloner Jackson for severe wounds which Jackson said
(and deponent believes) were caused by Governor Fitzwilliam. Signed, Thomas
Allan, Thomas Broughton. i p.

397. viii. Affidavit of Thomas Wright of Charleston, merchant, sworn as preced-
ing, 4 July 1737. Deponent was at Providence in September 1734 when he heard a
great clamour of the inhabitants against Governor Fitzwilliam for interference in
elections to the assembly. The soldiers told him they were ill treated and starving.
The governor then engaged in trade to Havana and tried to sell naval stores there,
though unsuccessfully. The governor was plaintiff in many actions in the Court of
Common Pleas; if the jury did not find a verdict agreeable to him the case was
brought before him as chancellor on appeal and heavy costs given against the
defendants. The prosecution against Samuel Lawford and Thomas Petty on a bond
for enumerated goods was carried on despite written evidence from Customs officers
in London that the condition of the bond had been complied with. James Scott was
prosecutor, informer and chief judge in this case. He is also speaker of the assembly,
naval officer, secretary of the island, searcher of the port and the governor's shop-
keeper. At the beginning of November 1734 the governor told deponent that he
had well beaten Chaloner Jackson a few days before for pinching his hat at him and

202 STATE PAPERS COLONIAL [398

looking impertinently in his face or words to that effect. Signed, Thomas Wright,
Thomas Broughton. i large/).

397. ix. Affidavit of Richard Thompson of New Providence, pilot of H.M.S.
Shark, sworn as preceding, 13 July 1737. Deponent tried to obtain from Governor
Fitzwilliam a certificate that his father was entitled to a salary as president of the
council between Governor Rogers's death on 15 July 1732 and 9 June 1733. This,
the governor refused to give. When deponent disposed of the salary the governor
flew in a great passion and made threats, as deponent is informed. Signed, Richard
Thompson, Thomas Broughton. i large p. Endorsed, These papers were all under
the seal of South Carolina but that seal was taken off for the convenience of binding,
8 May 1738. Reed. 20 January, Read 23 January 1737/8. [C.O. 23, 4,fos. 22-31^.]

398 Thomas Hyem to Harman Verelst, sending instructions for planting
July 13. a nd tending caper plants just received from Marseilles. They may go

with the box of plants, and if no ship is likely to go for Georgia soon
1 think they should be sent via Carolina per Capt. Shubrick. [The instructions are given in
detail.} Signed, i p. [C.O. 5, 63 9, fo. 320, 320^.]

399 Benjamin Marty n to Philip George Frederick von Reck. In reply to
July 13. your letter to James Vernon of 28 June (N.S.) 1737, the Trustees have

.orgia ce. or j ere( j me to ac q ua i n t you that it is an established rule with them to
subsist none who do not intend to cultivate lands for their own subsistence. They
therefore desire to know whether you intend to return to Georgia, because if you do
not within six months the grant of land made to you on 7 October 1735 will be vacated.
Entry. \p. [C.O. 5, 667, >. 24^.]

400 Alured Popple to Francis Fane, enclosing an Act passed in Virginia
July 13. i n September 1736 to dock the entail of certain lands whereof Lewis

Burwell is seised, and desiring his opinion thereon in point of law.
Entry. \p. [C.O. 5, 1366, />. 146.]

401 Petition of David Dunbar to Council of Trade and Plantations. In six
[July 13.] years as lieut.-governor of New Hampshire (four years residing there)

petitioner has been refused any power by the governor except in minor matters; the
king's fort has been shut against him; councils have been called without notice given
to him; he has received no salary; the king's orders have been disobeyed; there has
been great delay in justice; the assemblies have not been suffered to do business; the
public seal was refused to petitioner by the secretary; the records of council and court
of appeals were destroyed by fire in the secretary's house; the militia was neglected.
The governor has called Acts of Parliament iniquitous and intercepted petitioner's
private letters. Prays for relief. Signed. 2 pp. Endorsed, Reed., Read 13 July 1737. [C.O. 5,
88o,/<w. 8, %<t, n, lid.]

402 Memorial of David Dunbar, surveyor-general of H.M.'s woods in
[July 13.] America, to Council of Trade and Plantations, complaining of ob-
structions in the performance of his office. Governor Belcher countenances the destruc-
tion of woods and protects offenders. Memorialist was commanded to lay out 300,000
acres of woodland in Nova Scotia for the use of the Navy; what he laid out happened
to be in the Massachusetts charter and therefore not in H.M.'s disposal. But as the
boundary between Massachusetts and New Hampshire is now near being settled,

404] AMERICA AND WEST INDIES 1737 iOJ

memorialist acquaints the Council that a large tract of land now deemed part of the
county of York, whereon grow many large white pine trees, will then fall into New
Hampshire if the line from Newichawannock river be settled as is understood by the
charter, and may then be reserved for the Navy. Wherefore memorialist proposes that
orders be sent to the governor of New Hampshire not to make any grant of land within
that province until the report of the boundary commissioners is approved by H.M.,
and to the governor of Massachusetts not to consent to grants of land near the place of
controversy between the two provinces nor to any act for settling grants made since the
dispute has been lately revived. Signed, i p. Endorsed, Reed., Read 13 July 1737. [CO.
323, io,fos. 112, nzd, 115, ii5</.]

403 Memorial of David Dunbar in behalf of himself and Samuel Waldo of
[July 13.] Boston in New England, merchant, and a great many of H.M.'s

Protestant subjects from Ireland now in New England, to the Council of Trade and
Plantations. Memorialist with above 300 people settled under the encouragement of
H.M.'s government in lands between the rivers Kennebec and St. Croix then deemed in
the westernmost part of Nova Scotia. Six towns were settled, called Frederick Fort,
Newcastle, Walpole, Townshend, Harrington and Torrington. Subsequently the
government of the settlement was claimed by and awarded to the governor of Massachu-
setts, and under this and other discouragements the greater part of the settlers abandoned
the place. Another settlement made eight leagues further east was abandoned through
hostility of the Indians. Prays that the Council will remove the obstacles to this settle-
ment. Signed, David Dunbar. 2 pp. Endorsed, Reed., Read 13 July 1737. [CO. 5, 880,
fos. 5-6</.]

404 Certificate by Lieut.-Governor Thomas Broughton that the following
July 14. are duly attested copies. Signed, i p. Enclosed,

404. i. Representation to the King by Robert Wright, Chief Justice
and Chief Baron of South Carolina, John Hammerton, Secretary and Receiver-
General, James St. John, Surveyor-General, Deputy Auditor, Comptroller and
Inspector of H.M.'s Revenues, and James Wright, Attorney-General. Following the
constitution of a Court of Exchequer in this province and the issue of writs of venire
facias to the provost marshal, the jury summoned to attend the court absolutely
refused to serve. Whereupon a bill was prepared, defining the power and jurisdiction
of the court; this was approved by the governor and council, but the lower house
of assembly, after a long time without any notice, have ordered it to lie on the table.
Such proceedings are highly prejudicial to H.M.'s revenues. Copies of relevant
documents are enclosed. Signed, Robert Wright, J. Hammerton, James St. John,
James Wright. 2 large pp. Endorsed, Read 19 October 1738.

404. ii. Commission by Governor Robert Johnson to Robert Wright, 23 Novem-
ber 1732, appointing him Chief Baron of the Court of Exchequer in South Carolina.
Copy, certified by J. Hammerton and James Michie, Deputy Secretary, i large p.

404. iii. Commission out of the Court of Exchequer of South Carolina to James
Wright, Attorney-General, to enquire into the lands of John Dutartre, felon, 25
June 1736. Copy, certified by James Wright. i large pp.

404. iv. Return by James Wright to the above commission, certifying that
twelve jurors were summoned to attend the enquiry, whereof two did not attend
and of the ten who appeared nine refused to serve. 12 October 1736. Copy, certified
as preceding. z l&tgepp.

204 STATE PAPERS COLONIAL [405

404. v. Bill for limiting the power and jurisdiction of the Court of Exchequer of
South Carolina and for settling the procedure thereof. Copy, certified as preceding.
5 \ large/)/).

404. vi. Message from Council of South Carolina desiring the Commons House
of Assembly to give dispatch to the above bill. 25 February 1736/7. Copy, certified
by J. Badenhop, Clerk to the Council. Signatory, Arthur Middleton. \p,

404. vii. Message from same to same to the same purpose, 2 March 1736/7. Copy,
certified by Isaac Amyard, Deputy Clerk. Signatory, Alexander Skene. i p. [C.O. 5,
366, fos. i 3 1-147^ 152,

405 John Hossack to Harman Verelst. Since my last to you I have received
July 15. yours of 21 May accompanying Capt. Thomson, 18 and 25 June, and

ist current. As Capt. Thomson advised his arrival on 2ist past it was
not necessary for me to have done it: he lost no time in raising his ship's deck and
preparing conveniences for his passengers, how many there shall be cannot yet be
concluded. The friends of John Mackintosh of Leniwilg upon the river Altamaha are
advised that he is much distressed by the death of the servants he carried over and his
inability to purchase any in Georgia. They have therefore provided two or three to be
sent him but doubt they can be useful to him if he must pay for their passage. And as
they have solicited me for this end, pray represent the gentleman's condition to the
Trustees, particularly to Mr. Oglethorpe to whom he may be known, that they may give
direction therein. Signed, i small/). [C.O. 5, 639, fos. 322-323^.]

406 Lieut. -Governor Thomas Broughton to Council of Trade and Planta-
July 15. tions acknowledging letter of 10 December from Mr. Popple, con-

on ' cerning grants of land between the Altamaha river and the northern
boundary of Spanish Florida. [See Cal. S.P. Co!. 1735-36, No. 484.] In answer to which,
I beg to inform you that if any application had been made to me for land in that district,
I should not have granted it, though I had not received your commands thereon, to
which I shall always pay the greatest deference and respect. I received about the end of
March last advices that the French designed to attack the Chickasaws again in April
with a body of about 4000 whites and Indians. Such a force I apprehend might possibly
be an overmatch for those Indians, and should the French destroy them or drive them
out of their possessions it must inevitably be of very ill consequence to these parts of
H.M.'s dominions. I therefore sent an account of this news by express to the traders in
that nation, that they might inform those Indians thereof and advise them to be on their
guard, which they seem to be determined upon. But by later advices I hear the French
have laid aside that undertaking till the fall, expecting that then they shall meet with the
corn planted by the Chickasaws to support their men. Your orders in relation to Mr.
Jackson shall be obeyed, and nothing keeps me in town this sickly and violent hot
season but the examining the evidences he shall bring before me; and a testimonial shall
be annexed to the depositions under the seal of the province as usual on such occasions.
The apprehensions we have been under for some months past of the Spaniards' designs
on Georgia being now over, all the forces raised and kept in pay by this province to be
in a readiness to assist that colony in case of need are now discharged. Signed. 3 small/)/).
Endorsed, Reed. 20 September, Read 21 September 1737. [C.O. 5, 366, fos. 18-19^.]

407 Same to Duke of Newcastle. Notwithstanding the apprehensions we
July 15. have been under for some months past of the Spaniards' designs on

the colony of Georgia last spring are now over and all the forces

408] AMERICA AND WEST INDIES 1737 2OJ

raised and kept in pay by this province to be in a readiness to assist that colony in case
of need are discharged, we are going on with all possible application and dispatch in
repairing the old and finishing the new fortifications erected on that occasion. A new
battery has been raised in such a situation as to command the entrance of Ashley and
Cooper river, which when completed will mount 39 guns; and Johnson's Fort which is
about four miles below Charleston is repairing and will be of great service in case of
attempts from an enemy. I will as soon as possible send you a regular plan of all the
fortifications which will give you a more perfect idea of the usefulness of them than
anything I can write on that matter, which should have been done before now had the
past emergency permitted. When you have perused the intended plan I question not
but you will be convinced that this province cannot bear the burthen of a yearly expense
for keeping a sufficient number of men in pay, provisions and other incident charges
which must necessarily arise on that service and therefore hope you will continue to
show your good and generous disposition for the prosperity and welfare of the province
in using your powerful interest with H.M. that an independent company may be sent
over to be distributed in the several fortifications. Signed. 2. small pp. Endorsed, Reed.
24 September. [CO. 5, 388,/o. 162, i6zd.]

408 Governor William Mathew to Alured Popple. I have delivered to

July 1 8. ^ Capt. Griffiths to be forwarded to you a box containing duplicates of
>top ers. t j ie N ev j s ]sj e g ro anc i Quarantine Acts, the originals went 5th inst. in
Capt. Tobin recommended to the care of Capt. Sommers. Duplicate minutes of council
of Montserrat to 25 June last are enclosed, the originals went also by Tobin. I also send
minutes of assembly of Montserrat for quarter ending 25 June last. The Spaniards have
begun again their depredations and cruelties within this government from Porto Rico,
as by the enclosed affidavit of John Harris which I desire you will present to their
lordships with the other papers. I am honoured with H.M.'s commands from the Duke
of Newcastle and their lordships' two reports on the French and Dutch memorials : I
find my friends had taken a false alarm in imagining that relating to the Dutch was less
favourable to me than the other. I think myself under the greatest obligations to their
lordships for both, as I find my fault represented without the character severe justice
might have given it. My not accounting directly to their lordships but only instructing
my friends in all these matters I find now with sorrow was justly blameable. I shall hardly
trespass that way again. Signed, z small/*/). Endorsed, Reed. 29 August, Read 31 August
1737. Enclosed,

408. i. Affidavit of John Harris, senior, of St. Christopher's, sworn before the
governor in St. Christopher's, n July 1737. Being at Crab Island with his schooner
the Hopewell lading with fustick, deponent's ship was seized by a Spanish privateer.
Deponent and crew travelled to another part of Crab Island to await rescue. On
1 8 June a Spanish periagua landed there and sent a party ashore which attacked and
severely used deponent and his crew, who were left for eight days in great extremity.
Then an English ship took them off and brought them to Spanish Town. Deponent's
son was shot in the back by the Spaniards and continues dangerously ill. The
lieutenant of the periagua told deponent there were two ships at Porto Rico to
execute the driving the Danes off Sta. Cruz, for which purpose there were 300
cowkillers, 200 negroes, 18 pilots and 2500 other Spaniards already mustered and
provisions ready, the whole armament to consist of three large ships and six sloops.
Copy, examined by William Mathew. i^ pp. Endorsed, as covering letter. [C.O. 152,

2C>6 STATE PAPERS COLONIAL [409

409 Council of Trade and Plantations to Duke of Newcastle. In obedience
July 20. to the king's commands signified in your letter of 8th inst. to consider

whether some new agreement might be made with France for prevent-
ing contraband trade in America, we have already tried to show by our representations
of 21 April and 30 June last that the French proposals were chiefly to the French advan-
tage. We cannot recommend any scheme that can more effectually prevent the contraband
trade than a due observation of the Treaty of Neutrality of 1686 with a specification of
what shall be deemed sufficient proof of illegal trade. Entry. Signatories, Monson, Thomas
Pelham, R. Plumer. 2 pp. [C.O. 153, 16, fo. 62, 6zd\ original in CO. 5, 5, fos. 142-144^.]

410 Same to same, enclosing the following. As we have already laid this
July 20. whole complaint before you, we shall not trouble you further than to

desire you would receive H.M.'s directions thereon. Signed, R. Plumer,
Monson, T. Pelham. i p. Enclosed,

410. i. Petition of Lieut. -Governor David Dunbar to Council of Trade and
Plantations. Copy, of No. 401. 4^ pp. [C.O. 5, 752, fos. 300-305^; entry of covering
letter in CO. 5, 917, fos. ioc*/, 101; draft of same in CO. 5, 897, fos. 147-148^.]

41 1 Minutes of meeting of Trustees for Georgia. Received, a receipt from

July 20. the bank for 5/. jj-. by Mr. Watts paid in at the last board. Received, a

box of caper plants from Marseilles the benefaction of Thomas Hyem.

Received of Robert Eyre, io/. his subscription for building two churches in Georgia

and other religious uses. Received of James Vernon, ioo/. the subscription of a person

who desires to remain unknown for the same purposes. Received of James Vernon, io/.

his subscription for the same purposes, i p. [CO. 5, 687,^. 31.]

412 Second memorial of John Ashley to Council of Trade and Plantations.

[July 20.] The following are the heads of what is desired for Barbados, (i)
Direct exportation to foreign markets, subject to the limitations proposed in petition to
Parliament in 1735. (2) Bill for relief of encumbered planters. (3) Reduction in rate of
interest in Barbados to 6 per cent. It is now io per cent, on old debts and 8 per cent, on
debts since 1729. It may be alleged that the lowering of interest may be done by the
inhabitants without any such recommendation. But the prevailing interest of a few
dealers in money may probably prevent it. i p. Endorsed, Mr. Ashley's second memorial.
Reed., Read 20 July 1737. Enclosed,

412. i. Some Observations on a Direct Exportation of Sugar from the British Islands,
by John Ashley. Printed. London, 1735. 23 pp. [CO. 28, 25, fos. 18-30^, 45,

413 Petition of John Thomlinson, merchant, agent for the assembly of
[July 20.] New Hampshire, to Council of Trade and Plantations, complaining of

conduct of governor of Massachusetts and praying for consideration of the necessity of
dividing New Hampshire from Massachusetts. Signed. i pp. Endorsed, Reed., Read 20
July 1737. [CO. 5, 88o,/w. 9-1 od.]

414 Order of King in Council approving draft of commission to Edward

July 21. Trelawny to be governor of Jamaica, and directing a warrant to be
Hampton Court. j r- j T w c / ^ T? / j

prepared. Signed, James Vernon. Seal, i p. Enclosed,

414. i. Commission for Edward Trelawny to be governor of Jamaica. Draft.
zopp. [C.O. 5, 196, fos. 220-233^; copy of order, endorsed, Reed. 12 September,
Read 14 September 1737, in CO. 137, 22, fos. 138-139^.]

418] AMERICA AND WEST INDIES 1737 207

415 Same, disallowing an Act passed in North Carolina during the govern-

July 21. ment of the Lords Proprietors entitled an Act relating to biennial and

Hampton Court. Qther assemblieSi Co p y> cert ifi e d by James Vernon. i \ pp. Endorsed,

Reed. 12 September, Read 14 September 1737. [C.O. 5, 295, fos. 96, 96^!, 99,

416 Same, approving drafts of commissions to John, Lord Delawarr, to be

July 21. governor of New York and New Jersey, and directing warrants to be

n ourt. p re p arec j Signed, James Vernon. Seal, i p. Enclosed,
416. i. Commission to Lord Delawarr to be governor of New York. Draft. \%pp.
416. ii. Commission to Lord Delawarr to be governor of New Jersey. Draft.
15 pp. [C.O. 5, 196, fos. 130-149^; copy of order, endorsed, Reed. 12 September,
Read 14 September 1737, in C.O. 5, io^,fos. 29-30^.]

417 Same, on a report from the Committee for Plantation Affairs upon

July 21. two Acts of St. Christopher's, one passed in 1732 for granting to H.M.

a Court. a j ut y Q gj . p er p Q jj Qn a jj ne g roes an( j ot h er slaves in the island and

also of 5 per cent, on the rents of town property etc., and the other passed in 1734 for
reducing the fee of $s. per sheet taken by the secretary as clerk in chancery for copies
of bills and answers etc., and petitions of Wa veil Smith and Savile Cust against the same.
[See A.P.C., (Colonial Series) 1720-45, pp. 540-541.] The first is disallowed and the
second is approved. Copy, certified by James Vernon. 6 pp. Endorsed, Reed. 1 2 Septem-
ber, Read 14 September 1737. [C.O. 152, 23, fos. 46-49^.]

418 Memorial of David Dunbar, lieut.-governor of New Hampshire and

[July 21.] surveyor-general of H.M.'s woods in America, Jeremiah Allen,
member of assembly of Massachusetts, and John Thomlinson of London, merchant,
agent for New Hampshire, in behalf of themselves and great numbers in Massachusetts
and New Hampshire, to Duke of Newcastle. Governor Belcher has held the government
of Massachusetts and New Hampshire for eight years. The people of Massachusetts
were surprised to see a person of such low rank as governor; long trial has not brought
any better understanding. Mr. Belcher has repeatedly broken H.M.'s instruction by
agreeing to pass Acts for the emission of paper bills of credit in excess of the sum
permitted. The woods reserved for the Royal Navy have been continually destroyed
and Mr. Belcher does little or nothing to prevent it. Through his pusillanimity the
government of Boston is usurped by the mob who have pulled down the chief markets.
He has denied any authority to Lieut.-Governor Dunbar in New Hampshire. He has
suffered the fort at the entrance of Piscataway river to remain in a ruinous condition. The
militia of New Hampshire have been neglected. He has prevented the assemblies of
New Hampshire from doing business by dissolving them six times in four years. He
has adjourned the courts of New Hampshire, not suffering the lieut.-governor to preside
in his absence. He has prevented the settlement of the boundaries between Massachusetts
and New Hampshire and passed Acts to settle and grant away great parcels of land in
New Hampshire. Mr. Waldo's new settlement called the Eastern Settlement, Governor
Belcher has discountenanced. Memorialists pray that some person more regardful of
the honour and interest of H.M.'s service and the rights and privileges of his subjects
may be appointed to the chief command over Massachusetts and New Hampshire. Signed.
$ pp. Endorsed, 21 July 1737. [C.O. 5, 899, fos. 205-206^.]

2O8 STATE PAPERS COLONIAL [419

419 President John Gregory to Council of Trade and Plantations. The

July 22. assembly met lately: I send you two bills they passed, also the journals
of the council and such part of those of the assembly which are yet
come to my hands. I had not the same success in this session I formerly met with; some
things in my speech were not relished. I meant well, though it proved otherwise. You
will be able to distinguish by the resolves in their journals the exceptionable parts. I still
insist upon it, the laying a restraint upon negro tradesmen and boatmen will be of the
greatest service imaginable to this country, and it can neither flourish nor be secure
without it. I confess I have little hopes to see it done here: the present interest will
always prevail against the future. As the assembly did not seem inclined to business and
applied for a recess, I readily granted it. This will probably be the last meeting during
my administration as the annual laws do not expire till March. I hope there will be no
occasion for meeting sooner. Signed. ij small pp. Endorsed, Reed. 6 October, Read 12
October 1737. [CO. 137, Z2,fos. 145^-146^.]

420 John Adams to Council of Trade and Plantations. Your letter of 1 8

July 22. February last directed to this government arrived here in April and
^ a ' was read the same day in council; and although we came to no resolu-
tion at that time, hoping to hear soon of the arrival of the royal commission, yet it
seemed clear to the board that none of the members of the council here was excepted but
Major Paul Mascarene. In June Lieut. -Governor Armstrong read to the board from the
chair a paragraph of a letter he had received from Governor Belcher acquainting him
that by the last vessels arrived there from London there was no news of the commission
being out but thought it would be his safest way to send five of the eldest councillors
to be upon the spot at the time appointed. Whereupon as I had given my constant atten-
dance at the council board (eleven years past I have been blind) as I had done before
ever since the council was established, I resolved to go and employed all the money
and credit I had to equip myself for that service. In the beginning of July inst. Lieut. -
Governor Armstrong put a warrant into my hands (copy enclosed) together with a
duplicate of your letter to him to be our credentials at Hampton in case H.M.'s com-
mission was not arrived (copy of which I gave to the other members) and were all
ready to depart on i2th when a vessel arrived here with a letter from the government of
New Hampshire which informed us that the commission was arrived but my name was
not therein. I acknowledge H.M.'s great wisdom and goodness in excusing a person of
my age and infirmity from giving my voice in deciding that controversy.

The other paper enclosed is a proposal to build a parish church in this town of
Annapolis Royal which the committee pray you would recommend to our good aged
Governor Philipps in London, hoping he and others will encourage our undertaking
and when he or they have signed to so good a work to send the paper hither again.

In 1732 Lieut.-Governor Armstrong enclosed a petition of mine to H.M. amongst
the public papers of this government and recommended me to you ; but I have heard
nothing of it since. I pray that in compassion to a poor, helpless, blind man in his 65th
year, you will lay that petition before H.M. and procure me some relief. Signed. z\ pp.
Endorsed, Reed., Read 16 November 1737. Enclosed,

420. i. Warrant by Lieut.-Governor Armstrong requiring John Adams, William
Skene, William Shirreff, Erasmus James Philipps and Otho Hamilton to proceed to
Hampton to attend H.M.'s service in the matter of settling the boundaries between
Massachusetts and New Hampshire. 2 July 1737. Copy, i p. Endorsed, as covering
letter.

425] AMERICA AND WEST INDIES 1737 209

420. ii. Form of covenant for promising subscription towards building a parish
church at Annapolis Royal, payment to be made to a committee appointed by Lieut.-
Governor Armstrong consisting of John Adams, Rev. Richard Watts and John
Dyson, storekeeper. 25 April 1733. Signatory, L. Armstrong, for the divine work,
4o/. i p. Endorsed, as covering letter. [C.O. 217, 8,fos. 20-24^".]

421 Robert Millar to [? Trustees for Georgia]. I have at last received a
July 22. recommendatory letter from Count Montijo to the Viceroy of Mexico,

if which prove effectual in procuring me liberty of travelling into that
country I hope the tours I shall make there will prove of greater consequence than
any I have as yet made. The ipecacuanha that I have already got here, of which I
acquainted you in my last of the success I had in them, I have now also the pleasure of
confirming it that they succeed here equally with that of their native climate from where
I brought them, though as yet they are not come to that perfection to flower and seed
but I expect they will in two or three months hence which is the proper time for them.
I thought it not proper to transplant or transport any of them as yet as there are but a
few that are come to this perfection out of the many I brought with me especially as 1
propose myself immediately to go to Georgia upon my return here from Mexico; and
in that time I also expect to have the seed of them. If I have done amiss in this particular
by not complying with your last orders I hope you will forgive me as I have intended it
for the best and hope it will prove so. There has as yet no opportunity offered of going
to Campeche or Vera Cruz since the receipt of that letter. The first that does I certainly
will accept of and hope to give you a better account in six or seven months after I set
out of this tour than I did of my last. Signed, i pp. [C.O. 5, 639, fo. 382, 382^.]

422 Harman Verelst to John Mathias Kramer at Krefeld. I received yours
July 22. of 23 July (N.S.) and should be glad to know what numbers of people

ce ' are left behind and their ages and sexes and if Mr. Hopes will send
them to Georgia on a contract for a certain number and if possible not exceeding 60
heads. When I have your answer in particulars as to numbers left, their ages and sexes,
you shall hear further. Entry. ^ p. [C.O. 5, 66j,fo. 24^.]

423 Minutes of meeting of Trustees for Georgia. Received of Dr. Hales,
July 27. io/. his subscription towards building two churches in Georgia and

a ace ourt. ot h er religious uses. Received of William Belitha, io/. his subscription
towards the same purposes. Received, receipts from the bank for io/. paid by James
Vernon, ioo/. paid by the same, io/. paid by Robert Eyre. [See No. 411.] Received, same
for io/. loj 1 . the subscription of John Temple towards the same purposes. Received, a
benefaction of a person who desires to be unknown of a seal for the town-court of
Savannah with an engine or press affixed on a frame and table, the whole amounting to
the value of 22/. i$s. Resolved, that the town-courts of Savannah and Frederica be the
courts of law for trying offences against the Act for preventing the importation and use
of rum in Georgia, i^ pp. [C.O. 5, 687, pp. 32-33.]

424 Benjamin Martyn to Bailiffs and Recorder of Frederica. The trustees
July 27. named in the trust-grant are to put the bearer, John Woolley, in

*>rgia Office. possession of a town lot in Frederica. Entry. \ p. [C.O. 5, 667, fo. 25.]

425 Letter of John Kineslagh, master of Prince William. This is to give an
July 28. account of my being brought here by a Spanish guarda-costas as they

avana. ^j ^^ a fi as pj rates; w ho, had it been the greatest war that ever

14 XLIII

210 STATE PAPERS COLONIAL [426

was, could not have used us much worse, not only taking all we had but plundering
the cargo and robbing the ship of her stores which they pretend is on account of Braziletta
wood Mr. Richard Rowland shipped that came from Providence. They dispute whether
any such grows, which we have proved. Now they dispute our king's title to that island.
How it will end I cannot tell but am in hopes to acquaint you by the next opportunity.
I beg you will forward the enclosed and give Mr. Rowland an account of the affair if he
is in England or Ireland. They took us in lat. 31 30" and long. 5 5 or thereabouts from
London on 24 March, having been but 10 days from St. Kitts. Please to put it in the
news that they detained seven of my people, vizt. Robert Merchie, chief mate, and
Samuel Herbert, second, Owen Tudor, Richard Ing and Benjamin Thompson, men
before the mast, Thomas Harwood and Benjamin Percival, apprentices, in their ship;
and sent me, my carpenter and four more guarded by 23 Spaniards and an Irishman for
a pilot. Had it not been for one of them, the rest had agreed to throw the pilot and us
six overboard; but they two used us as well as was in their power. How long we shall
be detained here I cannot tell, but as soon as this affair is over I shall send or carry the
proofs to you in order to recover insurance by the first opportunity. They have my
books or else I would have sent a manifest of my cargo in order for you to acquaint
the shippers and receivers of these affairs. However, I desire you will make it as public
as possible. Signed. PS. It was a ship of 24 guns, 340 men, and a sloop of 10 guns and
1 20 men, who took us. I have nothing more to add only it is a public talk I am to be
cleared. Illiterate. if pp. Endorsed, Reed, n October from Mr. Trelawny. [CO. 137, 56,
fos.

426 Attorney-General and Solicitor-General to Council of Trade and
July 28. Plantations. We have considered the queries sent in Mr. Popple's

letter of 21 June last, the first of which is whether the Act of the Trustees of Georgia or
of any assembly can grant to any of the provinces an exclusive trade with the Indians
in that province. We are of opinion that such an Act would be destructive of the
general right of trading which all H.M.'s subjects are entitled to and therefore repugnant
to the laws of Great Britain, and that no Act of the Trustees of Georgia or of any
assembly can grant such an exclusive trade, though the method of trading within each
province may be regulated by the laws thereof. As to the second query, whether the Act
above-mentioned excludes all persons whatsoever whether inhabitants of Georgia or
not from trading with the Indians of Georgia except such as take out licences, we are
of opinion it does, such taking out of licences being no more than a proper regulation
of trade within the said province. Signed, D. Ryder, J. Strange. \\ pp. Endorsed, Reed.
28 July, Read 3 August 1737. [CO. 5, 366, fos. 3-4^.]

427 John Martin Bobzius to [Harman Verelst 1 ], gratefully acknowledging
July 28. letter of 17 March last and the redressing by the Trustees of several

difficulties; we hope they will show us their further care in redressing
the others by the arrival of James Oglethorpe. It is my duty to return the Trustees
thanks that they have resolved the full allowance of provisions to the third, and the
reduced allowance to the first and second, Salzburghers without expecting any repay-
ment; and that they have sent orders to Mr. Causton to pay our new boat, of which we
have made use hitherto with good success. The Salzburghers have endeavoured last
winter and spring to the utmost of their strength to clear grounds more than for every
family was at this time laid out for their own possession and have planted them with
all manner of care and industry, expecting now a good crop. They would have done

1 See No. 149.

429] AMERICA AND WEST INDIES 1737 211

more but for sickness : more than half of our people are now taken by a bad fever and
disabled. Those who are in better health assist them as much as they can, though their
own businesses want them in their own field. Worms damage so much the young corn
that they must lose, if not the whole, the most part of the crop. The surveyor, Ross, has
engaged to begin running out our farms in September. The people will be very well
satisfied if they can have but few acres of good ground and so they will be enabled by
and by to improve the barren; but without good ground at all they never think to get
their livelihood. It was but a little crop which some of the first, and two or three persons
of the second Salzburghers, have got at Old Ebenezer at our removal and was much
damaged by horses and deer. I beseech the Trustees to allow them that crop. If it should
be accounted as a part of the reduced allowance it would redound to a great discourage-
ment to that people. As to the tools, hogs and poultry of the third Salzburghers, we
hope they will be supplied with as soon as Mr. Causton is able to do it. He told me some
of the i6/. sterling which should be laid out for building our houses and a schoolhouse
should be applied for buying the said hogs and poultry. This money being not sufficient
for one house, I entreat the Trustees to give orders for building our houses. Some of
the ten cows Mr. Oglethorpe gave the third transport are dead or run away. The said
people crave the Trustees for a cow and a calf for every family. Mr. Causton has paid
our salary almost by goods and provisions of the store. Signed. PS. Present my service
to Mr. Martyn and tell him that I have sent to Mr. Ziegenhagen an account of the
effects which some Salzburghers of my congregation have left behind them. For the
stones for a handmill the Trustees have sent to the use of the Salzburghers, I return
thanks. 4pp. [CO. 5, 6^,fos. 384-385^.]

428 Order of Committee of Privy Council for Plantation Affairs referring
July 29. back to Council of Trade and Plantations their report of 5 May on

e a ' petition of Sebastian Zouberbuhler to reconsider the same and ex-
amine the allegations in the enclosed memorial. Signed, James Vernon. Seal, z pp.
Endorsed, Reed. 8 August, Read n August 1737. Enclosed,

428. i. Memorial of Sebastian Zouberbuhler to Committee of Privy Council;
London, 13 July 1737. The Council of Trade and Plantations has reported favourably
on his scheme for settling Swiss Protestants in South Carolina except in regard to
the 28oo/. Carolina currency he prays for. This is the same Col. Purry had: memoria-
list's grant of 48,000 acres is a great deal less valuable than Col. Purry's and his
expenses very great. Prays reconsideration. Copy. z\ pp.

428. ii. Report of Council of Trade and Plantations to Committee of Privy
Council; Whitehall, 5 May 1737. C PJ> of No. 268. 3^ pp. [CO. 5, 366, fos. -j-izd.}

'. . ': \ :'.''-

429 Same, referring the enclosed to Council of Trade and Plantations.
July 29. Signed, James Vernon. Seal, z pp. Endorsed, Reed. 1 5 August, Read

17 August 1737. Enclosed,

429. i. Petition of John Hamilton to the King. There are great tracts of land in
South Carolina lying unsettled and uncultivated to the prejudice of both England
and that province. The soil is well suited to the culture of vineyards for wine and
fruit, for coffee, coconuts, olives for oil, hemp, flax and several other commodities
very advantageous to the trade of England. Petitioner has long studied how to pro-
pagate these commodities and desires to make a considerable settlement in that
province. He has been at great pains and expense to procure and agree with about
140 Protestant families skilled in the cultivation of such commodities to settle there,
who are all ready to embark as soon as he is ready to receive them. He is able to

212 STATE PAPERS COLONIAL [430

procure many hundreds more upon proper encouragement. He prays for a grant of
200,000 acres of land in South Carolina for this purpose which he will oblige himself
to take up in one, two or four parcels in the most convenient places for such com-
modities where it has not been already set out to other persons. He prays that part
of this land may be taken up in some of those townships which were set out by the
governor but not yet settled, and that quitrents may be remitted for the first ten
years. Copy, z pp. [CO. 5, $66,fos. 13-15^.]

430 Francis Fane to Council of Trade and Plantations. I have no objection
August i. in point of law to an Act passed in Virginia in 1736 to dock the entail

of certain lands whereof Lewis Burwell is seised and for settling other lands and slaves
of greater value to the same uses. Signed. \ p. Endorsed, Reed. 3 August 1737, Read
24 January 1737/8. [CO. 5, 1 324,7^. 99, 99^ 104, 104^.]

431 Minutes of meeting of Trustees for Georgia. Received, receipts from
August 3. the bank for io/. paid in by Dr. Hales and for io/. paid in by William

Belitha. [See No. 423.] Read, an appointment of the town-courts of
Savannah and Frederica to be the courts of law for trying offences against the Act for
preventing the importation and use of rum in Georgia. The seal was affixed thereto,
secretary to countersign, i p. [CO. 5, 687, p. 34.]

432 Benjamin Martyn to Thomas Causton, by Capt. Shubrick. The
August 5. Trustees have received the packet of letters which you forwarded to

Mr. Eveleigh and in this packet your diary, with which they are well
pleased and expect you will continue and send it every opportunity, especially since you
have received (as they hope) John Pye. They have sent you another clerk, Samuel Hurst,
with whom likewise comes Samuel Smallwood to be sent to Frederica for the service of
the storekeeper there. The Trustees approve of your care in managing the stores and
your striking off the idle persons who have not performed their covenant of cultivating
their lands according to the time expressed in their grants ; which, had they done, they
would by this time have been able to subsist themselves and for want of this ability
they have put the Trustees to a very great expense who are determined not to support
any longer in idleness those who have so little regard to the Trust and themselves. The
Trustees desire that you will see that the arms be kept clean and in good repair and you
must tell the constables that they expect this from them. They hope that the officers in
Savannah (as they expect any favour from them) will co-operate in their respective
stations with friendship and unanimity to maintain the peace of the colony and give
good example to the inhabitants. If ever there is any attempt to introduce martial law,
the Trustees order you always to oppose it for no martial law can be declared without
an express order from the Trustees or some persons authorized by them for that purpose.
In relation to the Moravians taking up arms, the Trustees think you should only
have called upon them for two men, that is to say, one for each lot of Mr. Spangenberg's
and Mr. Nitschman's, and on their sending two men, whether Moravians or others
provided they are not servants, it will be a discharge of them from that duty. As to their
request of the Trustees giving them leave to remove from the colony, you must acquaint
them that no such application has been made to them from Count Zinzendorff through
whom the Trustees have always treated with them. And till they receive such an applica-
tion from the count they can say nothing to it. But the enclosed articles have been
settled with Count Zinzendorff which you must put in execution in the most favourable
manner to them you can and treat them on every occasion with a brotherly love and
tenderness.

435] AMERICA AND WEST INDIES 1737 213

The Trustees have observed with satisfaction that Mr. Jones, the surveyor, has
provided himself with hands for carrying on the necessary work of surveying the great
lots towards the west and they hope he will go on to finish the surveying and running
out the whole that those who have made his neglect of doing it a pretence for their
idleness may be left without excuse if they continue in it. Mr. Stephens, who goes over
by this ship, is appointed secretary for the affairs of the Trust within the province of
Georgia. You must on all occasions give him what assistance you can to enable him to
discharge the trust reposed in him. You will see by Mr. Verelst's letter what allowance
is to be made him. Entry. PS. The Trustees have ordered that Robert Hows's house be
rebuilt (as it was before it was burnt down) out of the fund for religious uses in con-
sideration of his services. ^\pp- [C.O. 5, 66j,fo. 26, z6d.]

433 Same to Thomas Hawkins at Frederica. The Trustees have with great

August 3. concern heard of some differences at Frederica among the persons in
Georgia ice. comm j ss i oni They expect that you inform them as soon as possible
how the same began and what has happened thereupon, and they hope you will continue
keeping a regular account of all occurrences and send it by every opportunity that
offers. As you are sensible the Trustees can govern themselves in their care and provision
for the province only by the accounts which they receive from thence you must know
that the readiest way to gain and keep their favour is to be punctual and very particular
in writing to them. As the people must not depend upon the Trustees subsisting them
beyond the time allotted in their grants (unless very good reason shall appear to them for
doing otherwise) they must know that they cannot be too early in the cultivation of
their lands. You must therefore omit no opportunity to press and solicit them to this and
assure them that as industry will prove their greatest happiness so it will be the surest
recommendation of them to the Trustees. As the Trustees have passed some laws
which have been approved by H.M. in Council and as they are preparing others for the
better regulation of the colony, they expect a due obedience be paid to the same and
that the magistrates will do their utmost to support them and preserve good order among
the people. Entry, i p. [C.O. 5, 66j,fo. 25,

434 Same to Bailiffs and Recorder of Savannah. There being reason to
August 3. believe that in course of time some neglects may happen in putting in

Georgia ce. execu tj on fa e i aws that were made here and approved of by H.M. for
the peace and welfare of the colony, and as the Trustees are determined to see the same
be punctually obeyed, they do hereby repeat their orders that you do in your several
stations use your utmost endeavours to make the said laws effectual. And in particular
the Trustees expect and require that the constables and tithingmen upon duty do never
fail giving their assistance in staving what rum may be brought into the province, and
they do farther hope and expect that as you will set an example to the people by a strict
obedience to their orders and their laws and by a vigorous maintenance of them, so the
people will likewise pay a dutiful regard to the same and that all the inferior officers will
be assistant to you in supporting and executing them on every occasion. Entry. \ p.
[C.O. 5, 667, fe. 25*]

435 Alured Popple to Francis Fane enclosing three Acts passed in Mont-
August 4. serrat and Nevis in February and March 1736/7 for his opinion in

point of law, vizt. Acts for further restriction of slaves ; for raising a
levy or poll-tax; for regulating the militia of Nevis. Entry, i p. [C.O. 153, i6,fo. 63.]

214 STATE PAPERS COLONIAL [436

436 Francis Fane to Council of Trade and Plantations. 1 have no objection
August 5. in point of law to an Ordinance for asserting and maintaining the

rights and privileges of H.M.'s subjects of South Carolina to a free trade with the
Creek, Cherokee and other nations of Indians. Signed. \ p. Endorsed, Reed. 5 August,
Read 10 August 1737. [CO. 5, 366, fos. 5-6^.]

437 Governor Jonathan Belcher to Council of Trade and Plantations. Since
August 8. l as t letter of n July, a quorum of H.M.'s commissioners for settling

the boundaries betwixt this province and New Hampshire have met
at Hampton and adjourned to this day to receive the demands of this province; which
adjournment they need not have made had the king's commission been directed to my
care, for it arrived some time before the General Court rose at their last session, but
neither the governor nor the assembly knowing anything of it the demands of this
province were not prepared as they might have been, but they will this day be given in
to the commissioners. And to-morrow I set out for New Hampshire to meet that
assembly at Hampton, having adjourned the assembly of this province to the town of
Salisbury, so the assemblies will be within five miles of each other, the better to facilitate
what may be necessary on their parts to bring this long depending controversy to a
happy conclusion. Signed. 2.\ small pp. Endorsed, Reed. 26 September, Read 5 October
1737. [CO. 5,-88o,/ftf.

438 Lieut.-Governor David Dunbar to Alured Popple. I have yet heard

August 9. nothing of Mr. Wilks but that he and young Mr. Belcher make great
rejoicing at my distresses as I am disabled from soliciting my complaints against the
governor. I presume now my Lords Commissioners will have new matter against him.
I saw yesterday a letter of 7 July from Boston that Frederick's Fort was abandoned, the
next news will be that the Indians have razed it and burnt the houses in it, and then the
governor and Massachusetts people will have their ends in preventing the settlement of
that country because their lands in their new townships would be depreciated thereby;
this is the true reason of their opposition. I earnestly beg you will present my humble
duty to their lordships and beseech them to make a report upon the dispute between the
governor and me and upon the behaviour of the council there in disobeying H.M. and
their lordships' orders, of which there are very many proofs, but the two papers here-
with sent you are the most flagrant. If their lordships are of opinion that I have a right
to a moiety of the salary it would more than pay Mr. Wilks's demand on me, which is
for one of Mr. Kingsmill Eyre's notes endorsed by me. I hope their lordships will be
moved with compassion at my misfortunes, all which are owing to my too forward
zeal in carrying on the new settlements by which I flattered myself I should powerfully
be recommended to the favour of H.M. and ministers. I had no other view in it and if I
had met with no opposition I should there have done more than ever man did before
me in founding and settling a fine colony without any expense to the crown. I beg you
will recommend my request to their lordships' consideration. My licence of absence is
now expired and I am persuaded my lords would not desire my return to have my
commission from H.M. so treated as it has been hitherto by the gentlemen of the council
and those in employment there; if they go without resentment for despising H.M.'s
orders and their lordships', what may they not be encouraged to do ? Signed. 2 small pp.
Endorsed, Reed. 10 August, Read 7 September 1737. Enclosed,

438. i. Minutes of Council of New Hampshire, 27 April 1737, recording with-
drawal of four members of the council on the discovery that the meeting had not
been ordered by Governor Belcher. The remaining members advised that the papers

439] AMERICA AND WEST INDIES 1737 21 5

concerning the boundary question should be left with the committee appointed by
the general assembly to attend the boundary commissioners. Copy, certified by David
Dunbar, 6 May 1737. Signatory, Theodore Atkinson. 2 pp.

438. ii. Minutes of the same, u June 1735, recording a resolution taken by 7
votes to 3 that it is not sufficient notice to deliver an attested copy of the king's
order disallowing an Act of the province for changing the situation of three of the
courts of Quarter Sessions to the judges or justices concerned. The order to be sent
to the governor at Boston. Copy, certified by David Dunbar. Signatory, Richard
Waldron, Secretary. 2 pp. [CO. 5, 880, fos. 63-68^.]

439 Minutes of Common Council of Georgia. The accountant acquainted

August 10. the Common Council that pursuant to order of 6 July last the following

Palace Court. ^ ^^ had ben made Qn ^ g ank of Eng i an( j ^d I4 j u i y . ^ld.

Heathcote to pay outstanding orders, joot. ; Messrs. Samuel and William Baker in full
of two certified accounts from Georgia, 997/. 6s. yd. ; Messrs. William Pomeroy and Sons
in full of two certified accounts from Georgia, 8i2/. ijs. nd.; Simson Levy in full of a
certified account from Georgia, 2i8/. js. 5^.; Lawrence Williams in full of three certified
accounts from Georgia, 3717. i8.r. nd.; Messrs. Peter and I. C. Simond in full of four
certified accounts, 3 3o/. 1 $s. 8</. ; and for sola bills of the 1 5oo/. sent by Capt. Keat, 10177.
A certified account being brought for payment dated 4 May 1737 whereon Mr. Causton
has stated 75/. 9^. nd. sterling due to Messrs. Minis and Salomons, and Mr. Causton
having certified 2 May 1737 to have received jo/, per their account current for 507. in
sola bills, and no other account appearing, so that it is reasonable to conclude the said
5o/. were paid them in part of the said 7J/. 9-f. nd.; resolved, that 2j/. 9^. lid. be paid
to the order of Messrs. Minis and Salomons in full of the said account unless any other
account shall be produced for the said 5o/.

Resolved, that to each servant out of time before Christmas next 50 acres of land be
granted (the land to be set out in villages) on proper certificates of good behaviour; and
that a cow and a sow be given to each. Resolved, that Mr. Oglethorpe be desired to issue
to Francis Moore now in England 6 5 o/. sterling value in sola bills of 5 /. each, being the
residue of 3 1 5 o/. value in sola bills made out by order of Common Council 4 August
1736 which remain locked up; and that the said issue be dated on a day in November
last before Mr. Oglethorpe and Francis Moore left Georgia; and that the said bills be
sent by the Mary Ann, Capt. Thomas Shubrick, to Paul Jenys at Charleston to be for-
warded to Mr. Causton as cash for the supply of the colony; and that any five of the
Common Council be empowered to draw on the Bank of England from time to time
for payment of the said 65 o/. in sola bills as they shall become payable on their return to
England in the same manner as for the payment of the 4ooo/. sola bills already issued in
Georgia. Resolved, that sola bills to the value of 48 5 o/. be made out, whereof iSjo/. to
be in bills of i/. each, ijoo/. in bills of 5/. each, and i^ool. in bills of io/. each, making
2300 bills. Resolved, that the plates for printing the said bills be altered in such manner
as James Oglethorpe may sign them whether in England or in Georgia, and that the
said bills be issued in Georgia by him or his order to defray the established expenses in
Georgia to Lady Day 1738. Seal to be affixed to the said bills and the accountant to sign
them.

A certified account from Georgia being laid before the Common Council whereon
368/. 5J-. lod. South Carolina currency appears to be due to Jemmet Cobley, and a letter
of attorney being produced empowering Thomas Bishop to receive the same; ordered,
that 49/. 2.s. id. be paid to Thomas Bishop in discharge thereof being at the rate of 7jo/.
currency for ioo/. sterling. An account being received of delivery of 70 pipes of Madeira

2l6 STATE PAPERS COLONIAL [440

wine at Frederica at i$l. sterling a pipe and of 5/. $s. for pilotage amounting to 91 j/. )s.
demanded by Capt. James Pearse as due to Robert Ellis for the same; but it appearing
that ioo/. sterling having been paid to Lawrence Williams for a bill drawn on James
Oglethorpe 8 December last by Robert Ellis on account of his contract for said wine ;
ordered, that 81 5/. $s. be paid to Capt. Pearse and a draft be made on Bank of England
for payment thereof. Signed the said draft.

The accountant acquainted the Common Council that pursuant to order of Common
Council of 29 April last a draft had been made on the Bank for 5o/. to David Salomons
for payment of sola bills and was signed zoth of last month. Resolved, that as the town
of Savannah is very much increased gowns be sent over for the magistrates to wear in
court, purple edged with fur for the bailiffs and black tufted for the recorder. Resolved,
that 3 1/. ioj. be paid to William Stephens for his expenses. Ordered that the following
certified accounts be paid: i8i/. js. ^d, for provisions delivered by Thomas Ware;
2i5/. i8j-. <)d. for provisions and necessaries delivered by Lawrence Wessels. Ordered
that z6L be paid to Daniel Booth for charges of making silk. Resolved, that 3<x>o/. be
paid to Aid. Heathcote for the use of the Trust; signed a draft on the Bank of England
for the same. ~i\pp. [C.O. 5, 690, pp. 94-101.]

440 Minutes of meeting of Trustees for Georgia. Received by Henry Jewel,
August 10. I0 /. subscription of Viscount Tyrconncl towards building two

art ' churches in Georgia and other religious uses. Received, a receipt from
the bank for io/. the subscription of Rev. John Burton towards the same purposes.
Read, a memorial to H.M. concerning the defence of Georgia. [See No. 443.] Seal
affixed thereto, secretary to countersign. 2 pp. [C.O. 5, 687, pp. 35-36.]

441 Thomas Causton to James Oglethorpe. I have drawn bills of exchange
August io. on y OU o f this date in favour of Messrs. Abraham Minis and Co. or

order for 2o/. sterling having received of him the like value in cash
which with bills dated io January, io February and 18 May all last past make together
the sum of zoo/, which you agreed to, the better to enable me to settle my farm. Signed.
i small p. [C.O. 5, 659, fos. 392-393^.]

442 Captain James Gascoigne to [Benjamin Martyn 1 ]. Since my last of
August io. !j June, letters have been sent by the governor of St. Augustine

Frederka River complaining the Creeks have killed some of their people, desiring all
possible means might be used to prevent such things hereafter. The
letter was directed to Mr. Horton who wrote a suitable answer. A few days since a
letter came directed to me, of which I enclose copy with my answer; the three men were
taken on Amelia and delivered to the Spanish officer whose rank was a lieutenant of
horse. As I find the occasion of the alarm lately in this colony and Carolina has just
reached St. Augustine from Havana, therefore imagine the Spaniards will be frequently
sending trifling messages in order to see our improvements and increase in numbers;
and as it would be a great disappointment and hindrance to the town of Frederica to
have the men always on their guard to receive the Spaniards, or the bad consequences
might attend their being surprised, I shall lay here to attend such messages; which will
prevent any discourse between the Spaniards and the inhabitants. As to my ship's
company they never speak together because I always entertain the officer at my house
and the crew belonging to the launch are lodged by themselves ; and that they may not
put ashore at Cumberland or Amelia in their return I always send my officer to command

1 See No. 625.

445] AMERICA AND WEST INDIES 1737 117

the boats which conduct them back. Nothing in my power shall be wanting to contribute
to the improvement of the place and am sorry the season has been so very dry as to burn
up all that has been planted but it has been the fate of the whole continent, corn being
sold now in Charleston for 5-r. a bushel. I have given my reasons to the Admiralty for
continuing here instead of going to Carolina to refit. My ship's company continue in
health having lost only one man by sickness in 22 months. Signed. ij pp. Enclosed,

442. i. Florida, n August (N.S.) 1737. Don Manoel Joseph de Justis to Capt.
James Gascoigne. Three transport men have run away from this town and amongst
them there is one that is not a Spaniard whose name is Bastandin: he is a man that
nobody can trust anything to for he has behaved very vilely all his life, and therefore
I advise you to let all your boats and small vessels be on their guard for they will
slip no opportunity to take any boat they can make themselves masters of. Copy,
certified by James Gascoigne. i p.

442. ii. Georgia, 2 August 1737. Capt. James Gascoigne to Don Manoel Joseph
de Justis, Governor of St. Augustine and Capt.-General of Florida. I have your
letter and assure you no means shall be wanting to discover the men mentioned
therein. I believe they are not yet got our length but lest they may have passed by
undiscovered I shall this day send a copy of your letter to the governor of Carolina
by express. I assure you the men should have been sent back in confinement had
they come hither not having your pass, without which no man will be suffered to go
through this colony as on the contrary no person shall be detained one moment that
produces it. And if they shall be taken you may certainly depend on my immediate
returning them to the look-out at St. Juan's. The early example you gave of maintain-
ing a good understanding between the subjects of Spain under your care and this
colony will ever meet the strictest endeavours to the same purpose. Copy, certified
by James Gascoigne. i p. [C.O. 5, 659, fos. 387, 388, 389, 389^.]

443 Memorial of Trustees for Georgia to the King. Georgia being very
August 10. much exposed to the power of the Spaniards and become an object of

their envy by having valuable ports upon the homeward passage from the Spanish West
Indies and the Spaniards having increased their forces in the neighbourhood thereof,
memorialists find themselves obliged to lay before H.M. their inability sufficiently to
protect Georgia and therefore pray that the province be protected by a necessary supply
offerees. Entry. Signatory, Benjamin Martyn. i p. [C.O. 5, 711, p. 67; another entry in
CO. 5, 670, p. 329.]

444 Hugh Anderson to Earl of Egmont, acknowledging kindness in
August 10. procuring credit on the stores of Savannah. It has pleased God at last

to land me in safety at this place with 1 5 of family and servants. The
state of the public garden with my opinion of what steps may render it fitter for the
intended design I have committed to a memorial which I have enclosed to Mr. Anderson.
I have written Mr. Anderson to request some favours of the Trustees in relation to a
lot for one of my younger sons. What time can be spared from the necessary affairs of
life will be spent in the study of nature; what discoveries I can make I shall communicate
to you. Signed, i p. [C.O. 5, 659, fos. 395-396^.]

445 Alured Popple to Francis Fane enclosing two Acts passed in Antigua
* n -^P r ^ X 737 f r his opinion in point of law, vizt. Acts for attainting
slaves who abscond and for banishing others concerned in the late

conspiracy; for trial of John Coteen and Thomas Winthorp. En fry. i| pp. [C.O. 153, 16,
fos. 63^, 64.]

Zl8 STATE PAPERS COLONIAL [446

446 Francis Fane to Council of Trade and Plantations. I have no objection

August 10. in point of law to an Act passed in Virginia in August 1734 for docking

the entail of certain lands in the counties of Gloucester and Elizabeth and vesting the

same in Henry Willis in fee simple. Signed. \p. indorsed, Reed., Read 10 August 1737.

[CO. 5, i324,/w. 57, 57</, 62,

447 Council of Trade and Plantations to the King. Neither we nor Mr.
August ii. Fane have any objection against an Act passed in Virginia in October

1734 for docking the entail of certain lands in the counties of Glouces-
ter and Elizabeth City and vesting the same in Henry Willis in fee simple. Entry.
Signatories, Monson, T. Pelham, James Brudenell, R. Plumer. i p. [C.O. 5, 1366, pp.
146-147.]

448 Charles Carter, William Fairfax and William Beverley, deputed by
August ii. Lord Fairfax to be his commissioners agreeable to H.M.'s Order in

ec ' Council of 29 November 1733, to Duke of Newcastle. In conjunction
with a like number of commissioners appointed by the lieut.-governor on the part of
H.M., we gave the necessary instructions to qualified surveyors to trace up and measure
the river Potomac and the two main branches of Rappahannock river to their respective
first heads or springs, which the surveyors performed and delivered in their plots. We
have from them caused a correct map of all that tract or territory of land lying and being
between the said two rivers of Potomac and Rappahannock, which with our observa-
tions we have transmitted to the Lords Commissioners for Trade for H.M.'s information.
Memorial enclosed to be presented to H.M. Signed, i p. Endorsed, Reed. 7 December.
Enclosed,

448. i. ii August 1737. Memorial of same to the King reporting the conclusion
of the survey of the bounds of Lord Fairfax's claim and asking for royal approval of
the report sent to the Commissioners for Trade. Signed, i p. [C.O. 5, 1337, fos.
191-194^.]

449 Report of commissioners appointed by Lord Fairfax to survey the
August ii. boundaries of his grant of land in Virginia, to Council of Trade and

Northern Nee . pi antat j onSi i^g c hj e f disputes are whether the south or north branch
is the main river of Rappahannock and which is the first head or spring of Potomac.
These rivers being surveyed, Lord Fairfax's commissioners and the king's were unable
to agree upon a general plan and report. The former employed John Warner, a noted
surveyor, to form the map now enclosed. They are of opinion that a line drawn from
the first head or spring of the south or main branch of the Rappahannock to the first
head or spring of the Potomac, as returned by the said surveyors, is and ought to be the
boundary line determining the said tract or territory of land commonly called the
Northern Neck. The name Rapidan was first given to the south branch by Col. Spots-
wood. Lord Fairfax's commissioners have now the report of the surveyors attesting the
south branch of the Rappahannock to be more than 2 1 miles longer than the north.

In H.M.'s order-in-council of 29 November 1733 the lieut.-governor here was strictly
enjoined from granting lands within the disputed boundary till settled. For many
years past the proprietor's agent has been obliged to enter caveats against such grants ;
and although actual patents may not have issued since the king's order was delivered
to the lieut.-governor, yet very many surveys have been made. Lord Fairfax's commis-
sioners engaged on his behalf to bear equal expenses of the survey with the king's
commissioners, but the latter have paid some very extraordinary salaries and allowed

449] AMERICA AND WEST INDIES 1737 119

several accounts to which objection is made. Signed, Charles Carter, W. Beverley, W.

Fairfax. 4^ pp. Endorsed, Reed, from John Sharpe, with a large map and four papers,

1 6 March, Read 24 March 1737/8. Enclosed,

449. i. Order of Governor Edward Nott and Council of Virginia, 2 May 1 706.
Robert Carter, agent for the proprietors of the Northern Neck, having objected to a
patent pending for a grant of land to Edward Barrow and others, the council are of
opinion that as it is not yet known which branch of the Rappahannock river is really
the main river, the two branches be therefore viewed by a surveyor on behalf of
H.M. and another on behalf of the proprietors and the breadth and courses of the
said branches measured that it may appear which is the larger; and in case the
difference be so small that no determination can be made, a representation be made
to H.M. for directions therein. Meanwhile no patents are to issue either from the
crown or the proprietors. Col. William Churchill, Capt. John Taliaferro and Richard
Buckner with Henry Beverly, surveyor, are appointed on H.M.'s behalf to meet
such persons as shall be appointed by the proprietors, to view the branches of the
rivers and to report. Copy, certified by signatories of covering letter, i p. Endorsed,
as covering letter.

449. ii. Report of the commissioners for H.M. and the proprietors, 28 September
1706. Having viewed the branches of the Rappahannock, they were unable to
determine which is the larger; both seemed of equal magnitude. Copy, certified as
preceding. Signatories, John Taliaferro, Richard Buckner, Francis Taliaferro, Ed.
Mountjoy, Thomas Jeas, Hancock Lee, John Waugh, Giles Traverse, Thomas
Gregg, surveyor. ^ p.

449. iii. Certificate of hunters in the woods above Rappahannock falls that both
branches of the river continue fair streams ; they can give no account of the compara-
tive sizes. 28 September 1706. Copy, certified as preceding. Signatories, Ed. Mountjoy
Giles Traverse, Thomas Jaes. ^ p.

449. iv. Certificate of John Taliaferro that about 24 years ago he went up the
south and north branches of the Rappahannock river with Col. Cadwallader Jones.
Their judgement was that the south river was the bigger and they were so informed
by the Indians. 28 September 1706. Copy, certified as preceding. ^ p. Endorsed, as
covering letter.

449. v. Affidavit of Francis Thornton. See No. 467. vi. Copy, certified as preceding.

449. vi. Affidavit of Thomas Harrison. See No. 467. viii. Copy, certified as preced-
ing, i p.

449. vii. Affidavit of John Taliaferro. See No. 467. v. Copy, certified as preceding.
\p.

449. viii. Affidavit of William Russell. See No. 467. vii. Copy, certified as preced-
ing. \ p. Endorsed, as covering letter.

449. ix. List of patents for land westward of Sherrando river and in the forks of
Rappahannock granted since October 1735. Total: 80 patents, with names of
patentees, number of acres of land granted, date of survey and date of patent.
Certificate by Matthew Kemp, clerk of the secretary's office, that the preceding is
accurate and that no patents have passed the colony's seal for any lands claimed by
Lord Fairfax since his lordship's order from the king was produced to the governor,
except where the same had been entered for, surveyed, and rights purchased before
the producing the said order. Williamsburg, 12 July 1737. Copy, certified as preceding.
2 large pp.

449. x. List of all surveys made in the forks of Rappahannock river, 3 1 January

110 STATE PAPERS COLONIAL [449

1734/5-1 April 1737. Total: 140 surveys, with names of persons for whom the surveys
were made and the acreage of land surveyed. Copy, certified as preceding. Signatory,
J. Wood, surveyor of Orange County. 2 large pp. Endorsed, as covering letter.

449. xi. W. Fairfax to William Byrd, John Robinson and John Grymes, com-
missioners for settling the boundary disputes, proposing that a start be made.
Williamsburg, 27 April 1736. Copy, i p.

449. xii. William Byrd, John Robinson and John Grymes to William Fairfax,
stating that the fall is the appropriate time for the survey; 30 April 1736. Copy, i p.

449. xiii. Same to Charles Carter, William Beverley and William Fairfax, com-
missioners for Lord Fairfax; Williamsburg, 16 December 1736. We have received
Wood's survey of north branch of Rappahannock; it is absolutely necessary that
the north branch of the little fork should be measured up to the head spring, other-
wise it will not appear by the general map how far the crown has granted. We
have ordered Wood to measure this branch. We are surprised at an artifice which
Lord Fairfax's surveyors have used in taking the breadth of the two rivers ; we are
informed that Thomas the elder insisted upon measuring the south river from bank
to bank and his son upon the north river only from the water's edge, thereby to
make the south river appear to be the larger. We have ordered Wood to measure
the north branch again below the little fork from bank to bank. Copy, i p.

449. xiv. Reply to preceding; Northern Neck, 5 February 1736/7. We agree to
proposal to survey the north branch of the little fork; we must insist that the south
branch of the last fork of the south river, called Conaway river, be surveyed, and
have ordered Thomas the elder to measure it. Thomas the elder says that he measured
the south river from bank to bank to satisfy himself how much broader the stream
could be by any great freshes. Lord Fairfax directs that the Rappahannock be surveyed
and measured on the south side to the outermost banks of which he also claims. We
propose a meeting of the two sets of commissioners at Rappahannock. Copy.

449. xv. John Robinson to William Beverley; Piscataway, 2 April 1737. The
king's commissioners do not object to Conway river being measured. They think
it best to meet Lord Fairfax's commissioners at Williamsburg: any time during the
court will do. Copy. \ p.

449. xvi. King's commissioners to Lord Fairfax's commissioners; Williamsburg,
3 May 1737. A survey of the south side of the Rappahannock would be attended with
great delay and expense; we hope Lord Fairfax will not insist upon it. We hope the
surveys will all be returned by 1 5 June and will then be glad to meet in Williamsburg.
Copy. \\pp.

449. xvii. 10 May 1737. Reply to preceding, complaining of withholding assent
to survey of south side of Rappahannock. We propose a meeting near the Northern
Neck for preparation of fit matter for the general map and report to be finally agreed
on. We shall gladly meet you when we can have any assurance that you will proceed
with all becoming dispatch as our undivided powers require, which the little you
did towards preparing a report when last at Williamsburg gives us cause to mention.
Copy. \\pp.

449. xviii. King's commissioners to Lord Fairfax's commissioners; 15 June 1737.
Having been informed that you are all in town we should be glad to see you that
you may explain some dark passages in your last letter. Copy. \ p.

449. xix. Same to same; 16 June 1737, repeating objections to survey of south
side of Rappahannock, denying charges of injustice and delay, and making counter-
charges of delay. Copy, z pp.

453] AMERICA AND WEST INDIES 1737 221

449. xx. Reply to preceding; 1 6 June 1737. We will not enter into endless disputes
but request a time and place of meeting. Copy. \ p.

449. xxi. Reply to preceding; 16 June 1737. You have used us ill. We shall make
the best representation we can without your assistance. Copy. \p. Endorsed, as covering
letter. [CO. 5, 1324, fos. 105-121^.]

450 Alured Popple to John Basket, requesting 100 copies of each of the
August ii. following Acts of Parliament: 10 and n Wm. Ill, Act to encourage

trade to Newfoundland; 13 Geo. I, Act for importing salt from
Europe into Pennsylvania; 3 1 Geo. II, Act for importing salt from Europe into New
York; 3 Geo. II, Act for granting liberty to carry rice from Carolina to Europe south
of Cape Finisterre; 5 Geo. II 2 , Act for reviving Act for better securing trade of H.M.'s
subjects to and from East Indies; 8 Geo. II, Act for extending to Georgia the liberty
of carrying rice to Europe south of Cape Finisterre ; 9 Geo. II, Act for further encourag-
ing manufacture of sailcloth. Entry, i^ pp. [C.O. 324, 12, pp. 231-232.]

451 Same to Governor William Mathew. The Council of Trade and
August ii. Plantations have received your letters of 17 January, 5 February, n

and 26 May and the papers therein referred to, and have also seen your
letters to me of i June, 3 July, 16 September 1736, 17 January, 5 February, ii and 26
May 1737. As you have sent the bill for attainting of high treason two free negro men
named Ben Johnson and William alias Billy Johnson for the Council to represent their
opinion thereon to the king, you should have sent at the same time the evidence at
large that was given against them, without which the Council cannot advise the king.
An exact and authentic copy of all evidence that was before the council and assembly
should be sent by the first opportunity. Entry, i^ pp. [C.O. 153, i6,/o. 64,

452 Commission to Edward Trelawny to be major of all H.M.'s forces in

August ii. Jamaica. Entry, i p. [C.O. 324, 37, p. 77.]
Hampton Court. '

453 Harman Verelst to Thomas Causton, by Mr. Stephens per Capt.
August ii. Shubrick, copy by Capt. Reid. Your letter with the accounts of the

orgia ce. rema j n o f stores at 22 November 1736, your receipts of stores since
that time to 3 1 December following, your general issues thereof for the same time with
your particular issues from 22 November 1736 to 31 January following, and the several
persons' accounts taken from the ledger from February 1735/6 to 23 November 1736,
were received by the Trustees. It would have been more satisfactory had your general
issues shown what part thereof went to the southward, you having been directed by
Mr. Oglethorpe to supply the people there according to the quantities stated 5 November
1736 which would be wanting to complete their establishment of provisions for a year
and a quarter from November 1736 to February 1737/8, and a copy of the said establish-
ment and quantities of provisions was left with you for that purpose. The Trustees
desire you will continue the copies of your day-books of receipts and issues of stores,
and they direct you that at the end of every month a copy of the day-book of your
receipts during the said month and a copy of the day-book of your issues in such month
be made out and that you will send such copies enclosed to them by every opportunity,

1 MS: '13'.
* MS: blank,

222 STATE PAPERS COLONIAL [453

taking receipts from the boatmen for the delivering them to the merchant at Charleston
you send them to, to be forwarded to England, that the Trustees may know what
merchant they are to ask after their letters if not received.

In your letter of 24 February last you mention that the queries on your accounts
before February 1735/6 should be answered as soon as possible. To be sure, your want
of proper assistance was the real occasion of those defects ; but as a re-examination will
set everything right I hope from your answers to state the expenses of the colony
abroad under their proper heads. I have enclosed you the accounts current of persons
abroad taken from the Trustees' ledger here to compare with their accounts in the
ledger you keep in order that such accounts may be balanced (except Mr. Bradley's
whose account at present is to be kept open) or what is due thereon when it is a proper
time to demand the same may be received ; and if any of the persons are dead or have
left the colony please examine if they accounted for or discharged their balances at all.
But the Trustees would have no hardships put upon industrious men by oppressing
them for their debts, for they direct you to be kind to the industrious, at the same time
that you take care that the idle do not impose upon the Trust. Mr. Cookesey's account
is come to hand and the Trustees are willing to give him 1 2 months' time for payment
of the balance due from him and they would not have you lay any hardship on him no
more than on other industrious men nor to take away such men's effects to be an
hindrance to their improvements.

The expenses of the colony being by establishments limited, the one made up by
Mr. Oglethorpe and yourself for the northern division (a copy of which has been
formerly sent you and another now) and the other for the southern division herewith
sent, the Trustees hope that no exceeding has been made and they direct that no exceed-
ing shall be of the said establishments. They have extracted from that made up at
Savannah the enclosed annual expense of the northward, and the southern establishment
is the annual expense of the southward which at those rates are to be continued from
the receipt of this letter to Lady Day 1738; and there is no addition or exceeding to be
made on any account whatsoever. But as unforeseen accidents may happen by which
whole families may be ruined for want of some small assistance or that strange Indians
may come in and require a welcome or strangers or other unforeseen incidental charges
may arise, the Trustees therefore confiding in you, you may expend in such contin-
gencies not mentioned in the establishments a sum not exceeding 2o/. sterling a month
in the northern division of the province; but they recommend you not to exceed 5/. a
month in such contingencies unless in cases of very urgent necessity as above, and you
must take care to give a particular account of such contingencies and in your diary which
you send the Trustees (and which they desire you will continue to do monthly) you are
to give your reasons for such contingent expenses. And you are to furnish as far as 2o/.
sterling a month to Mr. Horton for contingencies in the southern division upon his
certifying to you the occasions. The Trustees are resolved to bring the expenses of the
colony to a certainty and to send over cash in sola bills sufficient to pay those expenses.
If that certainty is exceeded there will always be a want which they can make no pro-
vision for and it must end in the destruction of the whole. To prevent which they have
pursued Mr. Oglethorpe's method of the before-mentioned establishments. But if these
are not perfect, as nothing can be expected to be so at first, you may apprise the Trustees
of such articles as there may be savings upon and of such other expenses if any shall be
as you shall see necessary. Yet you must not make any expenses or alteration in the
establishments until the Trustees return you an answer to such proposals as you shall
make. But you must go on until those answers are received upon the rules of the establish-
ments; for should expenses arise in Georgia larger than what the Trustees expect and

453] AMERICA AND WEST INDIES 1737 223

what they have calculated for, it will create the greatest confusion since it may exceed
what they have appropriated for that purpose.

In the northern establishment there is a provision of 3oo/. sterling to be advanced
in provisions on credit to freeholders for clearing their lands, but not exceeding 4/.
sterling to any one freeholder, which you are to use in the application thereof in such
manner as to keep the industrious people from dispersing, and you are to have a particular
regard to those who cultivate lands in the villages. The Trustees think it is better not to
advance above the value of zos. sterling per acre fenced and planted in corn, which
credit is to be repaid in corn in two years after.

The Trustees have sent you 6$o/. sterling in sola bills, C. 201-330 of 5/. each, which
are to be applied for three months' pay to the persons in the enclosed list if so much is
due to them at the receipt of this letter; and what is more than due will be cash in your
hands for the service of the colony. The said sola bills are in the box hereafter mentioned
which contains also a seal for the town-court of Savannah, and the Trustees will send
by the next ship more sola bills to supply the colony with according to the expenses
they have allowed to be made by the establishments before-mentioned. And they direct
you to encourage those inhabitants who raise Indian corn, pease or potatoes, by buying
from them for supplying the colony to Lady Day 1738 and to allow them the premium
of is. a bushel if they have raised sufficient before you buy of others. The Trustees
desire to know whether you took from Mr. Stirling's and Mr. Baillie at the Ogeechee
the corn that grew there, and if you did not the reasons for not doing it.

The Trustees desire to know whether the house is built at Cooanoochi Ferry and
the boat bought for it, whether Thomas Mouses's house is built, and how much has
been advanced to Andrew Duche and whether Walter Augustine and his assistants have
been supplied with provisions while repairing the sawmill and to what value. They
desire you will send them an account of persons on the store pursuant to former orders
whose year or time for being supplied is not expired and who are not provided for by
the establishments, with the times when they will be off the store ; and they direct that
the maintenance of such persons should be continued until their time of maintenance is
expired or until such account is received and the Trustees' orders thereupon. I have
enclosed you a copy of Mr. Bradley's agreement with the Trustees, and they desire you
to keep his account open; for at Mr. Oglethorpe's instance they intend to take into
consideration the damage that may have arisen by his not having the 30 servants to
cultivate the land according to their agreement, and I have written to him a letter to
that purpose. The credits to John Brown and the other families who want such credits,
though sent at their friends' expenses whereof the widow Polhill's is one, must be further
carried on by subsisting them at the freeholder's allowance per whole head and their
servants at the servant's allowance; and their accounts must be made up and signed by
each master or mistress of the family to produce to their friends here that they have
been so supplied with subsistence and to be a demand upon them if exceeding the
money they have already contributed.

When Capt. Thomson arrives from Scotland the servants (over and above the 40
for the Trust) which he shall bring and dispose of to masters in Georgia may be supplied
on credit to the masters of such servants who shall really want it with a bushel of corn
per month for each servant for the first year, the servants' indentures to be security for
the repayment thereof in corn in two years ; and you must send the Trustees an account
thereof. Capt. Thomson will bring you a bale of tartan for plaids and short coats and
short hose and will bring you 150 pairs of Highland shoes, and each of the servants
which remain to the Trust and are to be sent to Lieut. Moore Mackintosh at the Dafien
(as mentioned in my letter by Capt. Thomson) are to be furnished with a plaid, a short

224 STATE PAPERS COLONIAL [453

coat and short hose, two shirts and two pairs of shoes a year, which must be sent to
Lieut. Moore Mackintosh for that purpose, and the same for the other Highland servants
belonging to the Trust under Mr. Hugh Mackay. Please acquaint Lieut. Mackintosh
that one of the 40 servants sent at the expense of the Trust whose indenture will be
particularly assigned is to be delivered to John Mackintosh of Leniwilg in lieu of a
servant he lost in the Trustees' service. You are to supply Tomo Chachi and his Indians
and the Savannah Indians and the Indian school with provisions, which the Trustees
cannot now bring to a certainty for want of sufficient information; but they desire that
you would bring it to a monthly certainty in such manner as the Indians may be entirely
satisfied and the Trustees know their expense and that you would by the next ship give
them an account thereof. You are to give the Indians that come to Savannah, when sent
for and not otherwise, while they stay, such wine and beer as shall be absolutely necessary
but not exceeding a pint of wine or a quart of beer a day to each person, and the same
proportion you may send to Tomo Chachi in case he should send for it upon account
of sickness among his Indians.

In my letter by Capt. Dymond you were desired to supply the southward with gun-
powder and were acquainted that 49 kegs were on board consigned to Johnny Brown-
field. If you have not bought and supplied the southward with that quantity, you are
again desired to send so many kegs to them. The Trustees hope that all demands of
expenses abroad to Lady Day 1737 are come to hand and by the certified accounts
received since that time they observe that you and Mr. White have received in store as
follows, vizt. provisions and necessaries bought at Savannah of Lawrence Wessells,
17 April 1737, 21 5/. i8j. 5^.; 70 pipes of wine bought of Robert Ellis and delivered at
Frederica, 21 April 1737, 91 5/. 5-f. ; orders due from Dr. Nuness and Adrian Loyer
certified at Savannah to Messrs. Minis and Salomons, 4 May 1737, 67. 19^. yd. ; provisions
bought of Thomas Ware at Savannah, 27 May 1737, i8i7. js. $d. Total, I3i9/. IQJ-. )d.
And the Trustees now know you have received the sola bills they sent in March last by
Capt. Dymond to the amount of iooo/. (two of them having come back). Total, 23197.
loj. j*/.

I have by the Trustees' orders written to Mr. White at Frederica, that if he has not
sent 40 of the 70 pipes of Madeira wine to you at Savannah for the store there, that he
would send so many, and have acquainted him as I now acquaint you that the said 70
pipes were not designed for the daily consumption of the inhabitants on the store but
were intended and must be given out as pay due or to grow due to the officers, soldiers
and labourers in the Trustees' service and therefore as money, and to be at prime cost
which is at the rate of i3/. is. 6d. sterling a pipe, or given out as an allowance of a pint
a day to those that work for the Trust when there is no strong beer. But the lying-in
women are to be supplied with the usual allowance of wine out of this wine and also
the sick persons with what shall be prescribed by the doctor.

All the 1 5oo/. sola bills are come back and paid except the 40!. you paid Capt. Barnes,
and several certified accounts have been received and paid after deducting of errors in
computation. Those now under reference for payment which have errors in them are
as follows: Jemmet Cobley's account certified 28 March 1737 to be 3697. 15^. icd.
currency due to balance is but 3687. j-f. icd. which in sterling at 7507. per cent, is
497. 2S. \d. to be paid his attorney here, the difference in currency is i7. IQJ-. ; the 4th May
1737 you certified 7 5 7. 9^. \\d. sterling due to Messrs. Minis and Salomons on their
account current, and two days before you certified your receiving 507. of them in their
account current for 507. in sola bills and, no other account current being produced, the
said jo7. will be deducted from the 7 5 7. ys. nd. and will reduce the same to 2 5 7. 9.?. nd.
which should have been taken notice of in the said certified account that on the payment

453] AMERICA AND WEST INDIES 1737 225

of the said 5o/. bills no more than 2j/. 9^. nd. was due to them, without there is any
other account current for the said 5 o/. not yet arrived ; Thomas Ware's certified account
of provisions you bought 27 May 1737 amounting to i8i/. 7-r. 3^. sterling is overcom-
puted 30J-. and thereby reduced to 1797. ijs. $d., but the other copy come to hand is
right and therefore the whole will be paid; and Lawrence Wessells's account of pro-
visions and necessaries you bought 17 April 1737 amounting to 2i6/. us. ^d. sterling is
over-computed 13^. and thereby reduced to 21 5/. i%s. }d.

The Trustees are apprehensive that the expenses which have been run into upon
account of the fort will exceed their establishments, and as such the people were very
much in the wrong for thinking of putting them to expenses which they think improper.
You were in the wrong to comply at all in the beginning but what makes it something
excusable in you was the terror the people might have been under; and you were much
in the right to insist upon not going farther in it. The cutting down the wood was a
great folly, for that wood was a better defence than any fort that they could erect by
the garden. Such a fort would be of no use but by commanding the river which might
have been better defended from the guardhouse, battery and guns in the wood. The
town would be as open to an enemy overland as if no such fort had been. The real
defence of the town is the woods and the swamps, and a few men who know the country
assisted by the Indians might have made a much better defence in the woods than in the
fort, since thereby they could have prevented an enemy from coming to the town which
they could not by defending the fort. And Savannah is as strong by the swamps and
river which surround it as any town in America though fortified. For fortifications
without a garrison are no defence and the same garrison as would defend a fort can
keep the passes of the swamps. Capt. Macpherson judged extremely right; and the whole
scheme of the fort seems more to be a design to draw money from the public store than
any defence against an enemy. For the cutting down the wood which commanded the
river and where cannon and men under the shelter of the trees might have been con-
veniently posted is a real weakening of the place. The Trustees therefore find themselves
obliged to give you positive orders not to make any expense beyond the establishments
nor to be ruled by other people to expend the Trust money contrary to their orders;
and they direct you not to suffer any trees to be cut down by the spring.

The town of Savannah being now grown considerable and having withstood the
attempts of their open and private enemies, the Trustees have thought proper that in
order to give more weight and distinction to the court and to show their favour to the
town to send gowns for the magistrates and recorder to wear in court, and the same are
to be kept in a proper press locked up in the court; and they have sent a seal for the
town-court of Savannah to authenticate the proceedings of the court sent over to
England and all affidavits, certificates and other material papers which require a testi-
mony to them; and they have sent an engine for the seal which affixes to the wooden
table sent for its use and fastens with a bar of iron underneath, the nut on the top of the
engine unscrews to let in the fly and then must be screwed on again. The four screws
at the bottom of the table are to screw the table to the floor whereon the seal is used to
keep it firm. The seal is put into a small bag being first covered with mutton-suet to
keep it from rust, and before it is used it must be wiped with a cloth very clean before
a fire or in the sun, and after it is used must be covered with the like suet or sweet oil
to prevent its rusting. The seal will put into the socket of the engine either way for being
affixed either at the top or bottom of papers as occasion shall be, and there is a small
pin which goes through the socket and neck of the seal to keep it tight and there are
proper wafers sent to put under square pieces of paper to impress the seal upon ; but
before impressed a quire of brown paper or something of a plying substance must be

IJ XLIII

226 STATE PAPERS COLONIAL [453

laid upon the plate the engine falls on and under the paper to be sealed to strengthen
the impression. If at any time you have papers to annex to what the seal is affixed to,
some green ribband (of which the Trustees have sent you a piece and a needle to use it)
will be proper to annex such papers with, and the ribband which goes through the
papers so to be annexed being also put through the paper to be sealed the two ends of
that ribband must be put between two of the wafers and then covered with a square
piece of paper, whereon the seal being impressed will authenticate the papers annexed
as well as the papers sealed; and as a specimen you have enclosed an impression on the
top and at the bottom of a sheet of paper.

Mr. Stephens who brings you this comes over to settle in Georgia and is appointed
by the Trustees secretary for the affairs of the Trust within the province of Georgia.
His constitution and instructions he will show you. Himself and two others including
his third son are to be supplied for the first year with 6 Ibs. of beef a week each, 2 Ibs.
of rice, 2 Ibs. of pease and 2 quarts of flour a week each, a pint of strong beer a day
each, a quart of molasses a week each, 4 Ibs. of cheese, 2 Ibs. of butter, 2 oz. of spice,
2 Ibs. of sugar, a gallon of vinegar, 6 Ibs. of salt, 3 quarts of lamp oil and 3 Ibs. of soap
a quarter each, and i Ib. of spun cotton each. His woman servant and each of his ten
menservants are to be supplied for the first year with 200 Ibs. of meat and 342 Ibs. of
rice, pease or Indian corn, together with contingent food for the said eleven servants
to the value of Ss. sterling each. You are to supply Mr. Stephens with 5o/. sterling in
the first year after his arrival in Georgia at such times and in such manner as he shall
find occasion for it with part of the sola bills that will be sent you by the next ship. Mr.
Stephens comes over in the Mary Ann, Capt. Thomas Shubrick, for Charleston and
brings with him one woman servant and four menservants. Mr. Jenys is written to to
defray the charge of sending him and the passengers and goods with him from Charleston
to Georgia, and Mr. Jenys is to draw upon the Trustees for that expense. The passengers
which come with him besides his own servants are : Mary Smallwood, wife of Samuel
Smallwood, sent on Two Brothers to be a clerk at Frederica, the agreement with him is
enclosed, his wife must be provided with a year's provision as a first settler; Samuel
Lander, indenture sent herewith, and another manservant, indenture with Mr. Stephens,
both to be sent to Cooper, the millwright, to be employed in the Trustees' service under
him; Richard and Elizabeth Warrin, two orphan children, to be maintained out of the
rents and profits of their late father's house and jo-acre lot; five recruits, and the wives
of two of them, for the independent company now under Mr. Oglethorpe's command
who must be sent to the southward with the other things hereafter mentioned;
Mr. Woolley and a manservant who at his father's expense is going to settle at
Frederica.

The parcels shipped are consigned to Paul Jenys at Charleston to be forwarded to
you and consist of the following: case containing engine for town seal and parts; case
containing table and frame for the same; box containing the three purple gowns for the
three bailiffs and a black gown for the recorder of Savannah; the Daily Advertisers,
13 September 1736-17 June 1737, both inclusive; 50 of the printed Act for maintaining
the peace with the Indians, 5 o of the printed Act for preventing the use of rum, and 5 o
of the printed Act for preventing the use of negroes, some of which Acts are to be sent
to Frederica; a small case directed for Tomo Chachi containing a piece of red cloth which
the Trustees have sent him a present of, and you must acquaint him it was made at Mr.
Oglethorpe's order for him at Godalming in Surrey; a box directed to yourself containing
the town seal, 400 wafers for sealing, green ribband, needle, 6jo/. in sterling sola bills
and several letters for persons in Georgia; a box with caper plants and herewith you
receive directions how the gardener is to manage them; a trunk directed to Richard

453] AMERICA AND WEST INDIES 1737 227

White at Frederica; a box directed to John Welch at Frederica; 14 half-barrels of gun-
powder whereof eight are for cannon and six for small arms, the cannon powder and
two of the half-barrels for small arms are for the independent company and must be sent
with the recruits, and the other four half-barrels must be put into the Trustees' store for
small arms ; two bundles and a scane containing i cwt. of match, half for the independent
company, half for the store; cask containing union flag for the independent company;
100 cannon balls of 2 pounds each and 50 cannon balls of 3 pounds each, for the in-
dependent company ; five pigs of lead containing about 6 cwt. whereof 2 cwt. must be
sent to the independent company to make bullets with and the rest must lie in the store
at Savannah; and three casks containing about 5 cwt. of Cheshire cheese whereof i cwt.
must be sent to Lieut. Moore Mackintosh at the Darien to be divided by him among the
people there, i cwt. to Frederica to be divided by Mr. Morton's order among the people
there, 2 cwt. to be equally divided among the magistrates, constables and tithingmen at
Savannah, and the other i cwt. to be sent to the store at Frederica to be disposed of
according to Mr. Horton's orders for the boat's crew's company's service.

The Trustees observing in your diary that John Vanderplank, John Penrose and
John Lyndall had endeavoured to convict sailors of selling rum, to encourage them for
such endeavours they have directed you to pay them the moiety of the penalty by the
Act provided as if the sailors had been convicted, to be divided equally between them.
The Trustees, having taken into consideration that menservants who serve faithfully in
the colony all the time of their several indentures deserve encouragement at the end of
their service on proof that they behaved well, have agreed to grant to each of such
menservants who are or shall be out of their time before Christmas 1737, 50 acres of
land instead of the 20 first agreed for, and to give him a cow and a sow, and that their
land be set out in the villages as soon as they are out of their service and proof given of
their behaviour. If Rosse the surveyor has not surveyed at Ebenezer, you must vacate
his demands and put his agreement in force. I am to exhort you to take all the care you
can to manage the Trust store with the greatest frugality and to have at the same time a
care not to discourage the industrious and not to be imposed upon by the idle who are
drones eating upon the public and at the same time evil mouthed even to their bene-
factors. There are great numbers of very honest and industrious people in the colony
who are silent and easily contented and these the Trustees hear little of; these should
meet with the greatest countenance and not to stretch anything so as to make them
uneasy but rather to interpret all orders in their favour as far as the words will bear it.
You are farther to encourage the villages. Those who live upon their lands and raise
corn and provisions will be useful members to the colony and also serviceable to them-
selves. Consider how much money has been laid out in provisions, and if there was
raised within the colony so much as to sell to the store what was wanted, what an
advantage it would be to the whole and to the particular man who had produce to sell,
since that besides the Trustees' bounty of is. per bushel he would have the advantage of
carriage over strangers. I must conclude by recommending to you to be careful and
tender of the poor and sick and to take care that the clerks of the store behave with
decency and submission to the people who come for their allowances, for they are paid
by the Trustees for attending upon the people; and as they are not to injure the public
by giving petulant people above their allowances, they are to give with civility and
dispatch that which is allowed.

The Board of Trade have consulted the Attorney-General upon the Act for maintain-
ing the peace with the Indians in Georgia and his opinion is entirely in favour of the
proceedings of Georgia under that Act, and the determination of that matter will be in
their favour. The Trustees desire you will send over some acorns of the evergreen oak

228 STATE PAPERS COLONIAL [454

from Georgia and let them know what soil is best for them. You are desired to send
a certificate of the life of Elizabeth, wife of Joseph Smith in the new ward and first
tithing thereof at Savannah, lot 202, in case her maiden name was Parker, it being
necessary here to prove her living on account of some estate held for her life. Mr.
Stephens has seen the contents of this letter and will explain any article you may want
any enquiry upon. Entry. 1 1 pp. Enclosed,

453. i. The Annual Expense of the Northern Division of Georgia. Capt. Macpher-
son and 25 rangers at Fort Argyll, 6297. 14^. 4^. (Note: If a supply has been voted at
Charleston for Macpherson's rangers, there will be a saving on this article); John
Cuthbert and 6 rangers, i68/.; Mr. Willy and 3 rangers, 967.; the storekeeper at
Savannah, 5 o/. ; 3 clerks, 1 2O/. (Note : This by the 2 clerks sent will be reduced lower
and will answer for the advanced pay of Cuthbert and Willy above that of the rangers) ;
provisions for 4 magistrates, 4 constables, 1 5 tithingmen at Savannah, constable and
6 tithingmen at Ebenezer, 7 peace-officers at Hampstead, Highgate, Skidoway,
Tybee, Abercorn, Thunderbolt and Fort Argyll, 2777. icxr. ; Capt. Mackintosh and
10 men at Fort Prince George, 2417. 7^.; capt., lieutenant and 15 men at the fort at
Augusta, 3247.; the Italian silkwinders, 787. iys. in/. ; hire of 10 men making the
western road, 1627.; other items [particulars given], 8037. is. lod. Total, 29507. izs. \d.
sterling. Additional items not included in total : provisions on credit to freeholders,
3oo7. ; Mr. Stephens's extraordinary expenses, 5o7. The cost of other items concerning
Indians, Mr. Stephens, etc. is not given. Entry. 2 pp.

453. ii. Expense of the Southern Division of Georgia. Establishment at Frederica,
747. I7J-. sterling and 1375 7. Carolina currency per annum plus provisions for year
and a quarter: meat 30,670^ Ibs.; rice, 23,289! Ibs.; corn, 928 bushels; flour, 25 54^
Ibs.; beer, 3666 pints; molasses, 3608 quarts; cheese, 391 Ibs.; spice, 585 oz.; sugar,
292^ Ibs.; vinegar, 390 quarts; salt, 585 Ibs.; oil, 214 quarts ; soap, 292^ Ibs.; butter,
292^ Ibs. Establishment of St. Andrew, 527. los. sterling and 16327. Carolina currency
per annum plus provisions for year and a quarter: meat, 10,296 Ibs.; rice, 5148 Ibs.;
corn, 103 bushels; flour, 400 Ibs.; beer, 1600 pints; molasses, 320 quarts; cheese.
200 Ibs.; spice, 64 oz.; sugar, 150 Ibs.; butter, 200 Ibs. Establishment of Darien, 267.
a year plus provisions for year and a quarter: meat, 4678 Ibs.; corn, 282 bushels;
cheese, 129 Ibs.; butter, 2672 Ibs.; plus provisions for as many of the 40 servants by
the Two Brothers as remain to the Trust. Carolina and Georgia scoutboats establish-
ment, 288o7. currency a year, plus provisions for year and a quarter. Entry. \\ pp.

453. iii. List of persons to be paid 3 months pay with the sola bills sent by the
Mary Ann, Capt. Shubrick, n August 1737. Entry. \ p. [CO. 5, 66j,fos. 26^-34.]

454 Harman Verelst to Lieut. Moore Mackintosh. The Trustees have by

August 12. the Two Brothers sent over 40 menservants to be sent to the Darien.
One is for John Mackintosh at Leniwilg in lieu of a servant he lost in
the Trustees' service, the others for freeholders at the Darien upon credit, one to each
who shall desire it. Those that remain to the Trust you are to employ in sawing boards
for the public use. Mr. Causton will send you clothing and shoes for each of them and
for the other Highland servants under Hugh Mackay. He will also send you i cwt.
Cheshire cheese to divide among the people at the Darien. The muskets ordered to be
sent you for the Darien could not be finished in time but by the next ship they will be
sent, which is expected to sail next month. But Mr. Causton will send you some guns
that went by the Two Brothers. Entry. % p. [CO. 5, 667, fo.

AMERICA AND WEST INDIES 1737 229

455 Same to Paul Jenys. The Trustees received your letter of 20 May and

August 12. a l s o one from Robert Ellis with his account of the delivery of 70 pipes
eorgia ce. o f Madeira wine and charge of pilotage amounting to 91 j/. 5^., whereof
ioo/. was paid by the discharge of a draft from him on Mr. Oglethorpe 8 December last
and the residue the Trustees have paid to Capt. Pearce. The Trustees are very much
obliged to you for supplying Mr. Ellis with the South Carolina currency he stood in
need of upon the credit of their storekeeper's certificate, which is a fresh instance of your
friendship to Georgia and the Trustees. And to prevent any distress happening in that
colony the Trustees sent Mr. Causton in March last iooo/. sterling in their sola bills
which arrived safe the beginning of June; and they will continue to send their sola bills
sufficient to supply the colony under the limited expenses they have directed should be
made. Your kind concern for the late disputes between South Carolina and Georgia
and your zeal to effect a reconciliation was very obliging and agreeable to that behaviour
you have always shown both in public and private capacity.

Mr. Stephens the bearer is going to settle in Georgia with his servants. The Trustees
desire you will send them and the others by this ship, 1 8 in all, to Georgia as soon as
possible; Mr. Woolley and his manservant may go with them. Draw on the Trustees
for transport and other charges. Entry, i p. [C.O. 5, 667, fo. 34, 34^.]

456 Same to William Horton at Frederica. The Trustees have sent Mr.

August 12. Causton establishments for the expenses of the northern and southern
eorgia ce. divisions o f Georgia which he cannot exceed. But on your certificate

he will furnish you with ability to defray contingent expenses up to 2o/. sterling a month.

He has directions to send to the southward 2 cwt. of Cheshire cheese, i cwt. to be divided

at Frederica, the other to remain in store at Frederica for the boat-crew's company.

The Trustees are much obliged to you for your good services. Entry. \p. [C.O. 5, 667,

fos. 344 35.]

457 Same to Richard White at Frederica. The Trustees not having had any

August 12. account from you of the issuing the remain of stores under your care
lce ' for the southern division of the province which was settled 5 November
1736, nor of your receipts and issues since that time, they desire you will by the first
opportunity send them such accounts; and by the Two brothers they have sent Samuel
Smallwood to be employed as a clerk in the store. Your receipt for the 70 pipes of
Madeira wine is arrived and the Trustees direct you will send 40 pipes of it to Mr.
Causton at Savannah for the store there; the said wine was not designed for the daily
consumption of the inhabitants on the store but was intended and must be given out as
pay due or to grow due to the officers, soldiers and labourers in the Trustees' service
and therefore as money, and to be at prime cost which is i3/. is. 6d. sterling a pipe, or
must be given out as an allowance of a pint a day to those that work for the Trust when
there is not strong beer. But the lying-in women are to be supplied with the usual
allowance of wine out of this wine, and also the sick persons with what shall be pre-
scribed by the doctor. Mr. Oglethorpe desires you will deliver to Lieut. Delegal a
hogshead of Madeira wine containing 60 gallons which he is to distribute to the indepen-
dent company according to the directions Mr. Oglethorpe has sent him, it being Mr.
Oglethorpe's gift to drink H.M.'s health upon his having the command of that company.
Entry. PS. Mr. Causton will send 2 cwt. of Cheshire cheese, i p. [C.O. 5, 66j,fo. 35,35^.]

2JO STATE PAPERS COLONIAL [458

458 Francis Wilks to Duke of Newcastle enclosing the following. It is
August 12. evidence they consider themselves an easy and happy people. I have

ryars< been informed some complaints have been lately made for the removal
of the governor. I have not seen them but in general I am persuaded they will on ex-
amination prove groundless. Nothing could more sensibly afflict the province than
having their present governor taken from them. Signed. 1 1 pp. Enclosed,

458. i. Address of congratulation by the governor, council and representatives of
Massachusetts to the King on the preservation of his person when in such danger
by the furious tempest in his late return to Britain and on his restoration to health.
25 May 1737. Signed, Jonathan Belcher, Governor, Josiah Willard, Secretary, John
Quincy, Speaker, i large p. Endorsed, Reed. August 1737. [C.O. 5, io,fos. 334-336^.]

459 William Stephens to Harman Verelst, enclosing the following list.
August 13. We ar e now preparing to sail, the ship being unmoored. Signed.

^^ p. Enclosed,

459. i. Passengers on board Mary Ann, Capt. Thomas Shubrick,
shipped by order of Mr. Verelst: Mr. William Stephens in the cabin; Elizabeth
Gilbert, his woman servant; Timothy Randolph aged 19, Anthony Binks aged 22,
Robert Fox aged 31, Thomas Lucas aged 21, his four menservants; Mary, wife of
Samuel Smallwood; Richard Warrin aged 9, Elizabeth Warrin aged 8, children of
late John Warrin; Samuel Lander aged 25, John Ewing aged 34, two menservants
of the Trust; Alexander Macdonald, John Grimshaw, Andrew Robertson, James
Hodgkin, William Dodds, five recruits for the independent company; Mary, wife of
above Alexander Macdonald, Judith, wife of John Grimshaw; John Woolly at his
own expense; and James Wigmore aged 21, his manservant. In all 20 persons
making 19 heads. Signed, William Stephens, 13 August 1737. i p. [C.O. 5, 639, fos.
325-327.]

460 Minutes of meeting of Trustees for Georgia. Received, receipt from
August 17. the bank for io/. subscription of Viscount Tyrconnel. [See No. 440.]

Received of John Laroche, io/. his subscription towards building two
churches in Georgia and other religious uses. \p. [C.O. 5, 6%j,p. 37.]

461 Peter Leheup to Andrew Stone enclosing the following papers and
August 17. asking that the necessary steps may be taken. Signed. \p. Enclosed,

4^ T * * Extract of letter dated Virginia, 22 June 1737, from Lieut.-
Governor William Gooch [to Peter Leheup], enclosing copy of the
record of conviction of Mary Thornton for the murder of her bastard child. All the
judges were of opinion that there appeared circumstances sufficient on her trial to
induce them to believe the child was still-born and have therefore unanimously
desired me to obtain for her H.M.'s pardon by getting her name as usual in the
Newgate list. She is a very poor woman, must lie in prison till it comes over at the
country's charge, so I hope to have it by one of the first ships. Copy. \ p.

461. ii. Record of the conviction of Mary Thornton in the General Court of
Virginia at Williamsburg, 19 April 1737. Copy, i sheet. [C.O. 5, i$$j,fos. 195-199^.]

462 Memorandum of British title to Carolina and Georgia, based on the
[August 1 8.] discoveries of the Cabots, the capture of St. Augustine by Sir Francis

Drake and Charles IPs grant of 1665 to the Lords Proprietors of Carolina. Georgia is,
with respect to foreign princes, part of Carolina; and Carolina is comprehended in the

465] AMERICA AND WEST INDIES 1737 231

treaty of 1670 as part of the dominions of the crown of Great Britain. There can be no
pretence for the Spaniards to dispute possession since besides the inhabitants and the
Indians who have submitted to the king of Great Britain an independent company
belonging to H.M. was in garrison upon the Altamaha river and detachments from them
possessed as far as 30 2" [sic] till after the year 1720 when they changed quarters and
went to Port Royal. With respect to insults or hostilities, none has been committed by
any British inhabitant of Georgia; far from it, for the officers of Georgia restrained
the Indians from taking revenge upon the Spaniards for a cruel murder lately committed
by a party from St. Augustine, and the kind treatment given to the Spaniards on all
occasions appears by the late governor of St. Augustine's letters to Mr. Oglethorpe.
From the above undoubted evidence it is manifest that the king's dominions in North
America extend as far as the 29th degree north and that the Parliament of Great Britain
was well satisfied that they did since they purchased so far from the Proprietors. The
only dispute which can remain is whether the 29th degree belongs to the king of Great
Britain or to Spain. 2 pp. Endorsed, Reed, from Mr. Oglethorpe, 18 August 1737. [C.O.
5, 65 4, /w. 113-1140

463 Order of King in Council referring seventeen Acts passed in Massachu-
August 1 8. setts in February last to Council of Trade and Plantations for their

Hampton Court. opinion t h ere on. Signed, W. Sharpe. Seal, i p. Endorsed, Reed. 30
August, Read 31 August 1737. Sent to Mr. Fane 31 August, Reed, back 16 January
1737/8: no objection. Enclosed,

463. i. Certificate that the following Acts were passed: Acts for supplying the
Treasury with i8,ooo/. in bills of credit of present form and 90007. in bills of a new
form; to prevent tearing and defacing bills of credit; for regular appointment of
petty jurors; for regulating porters in Boston; for making more effectual provision
for service of summons ; for relief of poor prisoners for debt ; in addition to Act for
highways; for payment of town and precinct rates; in addition to Act directing
admissions of town inhabitants; to prevent gaming; to prevent theft; for regulating
service of executions by sheriffs and coroners ; for altering times for holding courts ;
for better regulating swine; obliging coroners to give security for due performance
of office; in addition to Act for killing wolves; for killing wildcats. Signed, J. Belcher.
J. Willard, secretary. Seal. i\pp> Endorsed, Reed, from Agent Wilks, 28 July 1737.

463. ii. Copies of the above Acts. Printed. 28 pp. [C.O. 5, 880, fos. 22-39^.]

464 Same directing the governors of Maryland and Pennsylvania to permit
August 1 8. no riots or tumults such as that complained of in which the house of

Hampton Court. Qne Cresap was attac k e d an d a man killed. Until H.M.'s pleasure be
further signified, the said governors are enjoined to make no grants of land and to permit
no settlement in the contested lands and in the three lower counties of Newcastle, Kent
and Sussex. Copy, certified by W. Sharpe. 2^ pp. Endorsed, Reed. 1 2 September, Read
14 September 1737. [C.O. 5, 1269, fos. 3-4^.]

465 Memorandum of defence of Georgia. By a memorial letter dated
[August 1 8.] 2I September 1736 the Spaniards demanded as far as 33 50" latitude,

which is all Georgia and South Carolina. They have since increased their garrison in the
neighbourhood. They have sent over a man who himself confesses that he is to guide
them in the invasion of those provinces. They now by a second memorial demand that
the king would send over no forces to defend his frontiers though they have sent
sufficient to conquer them. The safety of several thousand British subjects there and of

i$l STATE PAPERS COLONIAL [466

30,000 slaves will depend upon the Spanish pleasure; for if there are no forces there
they can at will destroy the one and take the other. And it is submitted whether their
honour will be sufficient to prevent them from taking the advantage of the defenceless
condition of that country and resist the temptation of 6oo,ooo/. sterling which will be
the benefit by taking the slaves, besides the advantages from the conquest of those
valuable provinces. If they should choose the profitable rather than the honourable
part, what method can be taken for satisfaction? Have they not shown in the seizures
of the South Sea Company's effects and of the merchant ships how difficult or impossible
it is to recover anything from them ? What planters will stay, much less improve, under
these circumstances, a Spanish claim made to all their lands backed by regular forces
and none to protect them? If the measures proposed before the presenting the last
memorial are pursued (vizt. to send a regiment of 600 men besides officers to protect a
province purchased by Parliament and settled under royal and parliamentary encourage-
ment), they can give no just umbrage to the Spaniards since the number of men is too
small to hurt them and hardly sufficient to protect the king's subjects. i pp. Endorsed,
Reed, from Mr. Oglethorpe, 18 August 1737. [C.O. 5, 654, fos. ui-iiid.]

466 Louis, Count of Zinzendorf, to [Trustees for Georgia 1 ]. I gratefully

August 19. accept the grant you have made for my servants in Georgia: I hope
errn ut . ^^ w ^j meet a y their obligations properly. But the principal point,
which to my great surprise does not seem to have merited your notice, is that which I
thought to have insisted on most and which our people have most at heart: they will
not bear arms or use force against anyone, and if any attempt is made to compel them
they will withdraw. I beg you to give definite orders either to leave them in peace in
this respect or to permit them to make other arrangements. I think the honour of the
British nation, always a good mother of her citizens and tender to preserve the liberty
of their consciences, requires that they be dispensed. French. Signed. 4pp. [C.O. 5, 639,
fos. 3 98-

467 Lieut.-Governor William Gooch to Council of Trade and Plantations,

August 19. enclosing report of the commissioners appointed on behalf of the
king to settle the boundaries of Lord Fairfax's grant of the Northern Neck, together
with a map of the territory claimed by Lord Fairfax and a description of the limits
challenged by him, as also those to which H.M.'s commissioners apprehend his lordship
ought to be confined. It is very unfortunate that this controversy could not be determined
here according to H.M.'s intentions, to which it appeared Lord Fairfax was consenting
until the commissioners were ready to go out upon that service; then and not before it
was that Lord Fairfax first declared he would not submit the determination of his bounds
to any man or men in this country. How he came to change his mind after he had been
six months in this country is what he must account for. As I hope what the king's
commissioners have done and reported, though separately, will be approved of by H.M.,
I shall not trouble you with anything more upon this subject than only to acquaint you
that notwithstanding the charge of surveyors, chain-carriers etc. has been reduced as low
as the nature of the service could admit, it amounts to about 8oo/. currency, though the
commissioners have received no satisfaction for their trouble, which they humbly hope
will be 2oo/. each.

Such has been the inclemency of the weather during this summer that the crops both
of tobacco and corn, for want of rain, are like to prove very deficient insomuch that it
has been thought fit to prohibit the export of all sorts of grain and it is to be feared the

1 See No. 504.

467] AMERICA AND WEST INDIES 1737 133

poorer people will suffer extremely, having little corn of their own produce and many
of them no tobacco to raise money to purchase it if it be to be had.

About the middle of last April there arrived here from London two gentlemen,
Huber, a native of Geneva, and Mackercher, a native of North Britain, and after a few
days stay they proceeded to Maryland where they were recommended by Lord Baltimore
and where they were engaged to make the first discovery of their errand, which is to
enter into contract with the planters to purchase there and in this colony 1 5 ,000 hogs-
heads of Oronoco tobacco for the account of the French farmers of that commodity.
Mr. Huber is still in Maryland but about ten days since Mr. Mackercher returned hither
and has communicated his scheme in the public papers, and in conversation has heard
the objections to it, and designs back to London in a little time to consult his principals
upon them. As they propose no other method of carrying on this trade but what is
strictly agreeable to the Laws of Navigation I can foresee no inconvenience in the
project except the loss it will be to the British merchants in the profit they now make
by commissions and other perquisites on the sales of such tobacco which by this method
will fall into other hands. But if instead of the planters running the risk of the tobacco
home and receiving their price as it weighs upon its delivery at the king's scales, as the
gentlemen at first proposed, these farmers will consent to purchase and pay the price
here in money or bills of exchange and run the hazard themselves of the voyage, the
planters (I will answer for them) will come into it; for it would turn not only to their
advantage but to the benefit of the trade in general by being disburthened of that load
of mean tobacco which now lies heavy on the merchants' hands and lessens the value of
the sweet-scented as well as the better kind of Oronoco, besides a relief to them from
the necessity they are now under of hurrying away to foreign markets the old tobacco
on purpose to discharge their bonds when they are uncertain whether there be any
demand for it. Enclosed are accounts of revenues of quitrents and zs. per hogshead.
Signed. 3 pp. Endorsed, Reed. 28 November, Read 30 November 1737. Enclosed,

467. i. Williamsburg, 10 August 1737. Report to Lieut. -Governor Gooch by the
commissioners appointed in obedience to H.M.'s order-in-council of 29 November
1733 for surveying and settling the boundaries of the knd granted by the crown to
the ancestors of Thomas, Lord Fairfax, with the reasons why the commissioners
have not been able finally to determine the said boundaries. Lord Fairfax, having
first agreed to accept the king's commissioners as his own, later refused to give
them any power other than to survey the boundaries claimed and report the facts;
which they would not consent to. Lord Fairfax thereupon appointed commissioners
of his own, Charles Carter, William Beverley and William Fairfax, but with no power
to determine any boundaries. These commissioners claimed for Lord Fairfax all the
land contained within the south branch of the Rappahannock river and the main
branch of the Potomac as high as the headsprings thereof. The two sets of commis-
sioners agreed to survey the whole of this territory. To survey the main branch of the
Potomac, called the Cohongarouton, Mr. Mayo and Mr. Brookes were appointed
on the king's behalf and Mr. Winslow and Mr. Savage for Lord Fairfax : their orders
were to begin at the confluence of that river with Sharando and from thence to run
the courses and measure the distance to its first spring, and of all this to return an
exact plat together with a fair copy of their field notes. They were also directed to take
the latitude and observe particularly where the said river intersects the 4oth degree.
In like manner Mr. Graeme and Mr. Thomas the elder were appointed to survey the
south branch of the Rappahannock, now called the Rapidan, from the fork to the
headspring; and Mr. Wood and Mr. Thomas the younger to survey the north branch,
called the Rappahannock. At the same time the surveyors of the several counties in

STATE PAPERS COLONIAL [467

the Northern Neck were empowered to survey the boundaries of their counties
adjoining the Potomac and Rappahannock rivers and the Bay of Chesapeake.

These surveys were made and a map completed in a masterly manner. The king's
commissioners report separately from those of Lord Fairfax because the latter were
not directed to report in conjunction with the king's and because no agreement
could be reached about naming a fit person to form the general map. As to Lord
Fairfax's claim, the commissioners can find no evidence that the fork of the Rappa-
hannock river had been discovered at the time of Lord Colepeper's grant. From the
surveys made they cannot say which of the two branches is the larger. As Lord
Fairfax has produced no evidence to support his claim to the southern branch, the
commissioners offer the proofs for restraining his bounds to the northern branch in
case it be allowed that he has any right beyond the fork.

The northern branch has from first discovery been called the Rappahannock
whereas the southern branch about 20 years ago obtained the name of Rapidan; the
northern branch has been a settled boundary to the counties in the Northern Neck;
and in 1720 an Act of Assembly erected the county of Spotsylvania which is par-
ticularly bounded on the north by the Rappahannock, that is the northern branch. The
land between the two branches was settled under the encouragement of exemption
from purchasing rights and quitrents. Lord Colepeper in 1686 made a grant to Brent
and others of a tract of land to be laid off" in such manner as not to come within six
miles of the rivers Rappahannock or Potomac; accordingly that distance was ob-
served from the northern branch, which seems a confession that it is taken by the
patentee himself from the beginning to be the main branch of the Rappahannock.
In several grants of the proprietor's lands which bounded on the northern branch,
the river is called the main run of the Rappahannock.

As for the Potomac, it appears that about the time of Lord Colepeper's grant
there were no settlements higher than Hunting Creek. Just beyond the Blue Moun-
tains this river divides into two branches, the Cohongorouton and the Sharando;
at this fork the name of Potomac ceases so that the fork may not improperly be called
the head. In 1730 a good number of foreign Protestants were settled beyond the
mountains but no discovery extended very far until this present survey revealed
that the Cohongorouton extends 200 miles above the fork. The Rappahannock does
not reach higher than the mountains ; it could never have been the intention of the
grant to bound the territory by streams one of which runs 200 miles higher than the
others.

If it shall be thought just to bound Lord Fairfax's claim by a line drawn from the
Potomac fork to the Rappahannock fork, his territory will contain at least 1,476,000
acres; if by a line from the head of Hedgman river to the Potomac fork, 2,033,000
acres ; if by a line from the head of Hedgman river to the headspring of Cohon-
gorouton, 3,872,000 acres; if by a line from the head of Conway river to the head
of Cohongorouton, including the great and little fork of Rappahannock, 5,282,000
acres, which is about as much land as at present pays quitrent to H.M. in all the rest
of Virginia. If Lord Fairfax should be so fortunate as to have these extensive bounds
adjudged to him, the commissioners beg that the case of all those persons possessed
by grant from the crown of lands within those bounds should be recommended to
the king. Signed, William Byrd, John Robinson, John Grymes. 8| pp. Endorsed, as
covering letter.

467. ii. Williamsburg, 7 September 1736. Commission by Lieut.-Governor Gooch
to William Byrd, John Robinson and John Grymes, members of H.M.'s council of
Virginia, to examine and determine all matters concerning the claim of Thomas,

467] AMERICA AND WEST INDIES 1737 235

Lord Fairfax, to the land between the Rappahannock and Potomac rivers. Copy.
i\ pp. Endorsed, as covering letter.

467. iii. 9 September 1736. Commission by Thomas, Lord Fairfax, to William
Byrd, John Robinson and John Grymes, to make a survey of the land between the
Rappahannock and Potomac rivers and to report the facts to the governor of the
province to be laid before H.M. Sealed in the presence of W. Fairfax and Edward
Barradall. Copy, i^ pp. Endorsed, as covering letter.

467. iv. 13 September 1736. Commission by the same to Charles Carter, William
Beverley and William Fairfax, to survey the lands between the Rappahannock and
Potomac rivers and to report the facts. Attested as preceding. Copy, certified by
Charles Carter, William Beverley, William Fairfax. 2 pp. Endorsed, as covering letter.

467. v. Affidavit sworn by John Taliaferro before William Byrd and in the presence
of the commissioners of H.M. and Lord Fairfax, 29 September 1736. In 1707 there
were but three settlements on the south side of the Rappahannock above Snow
Creek which is 9 miles below the falls. On the northern side the highest plantation
deponent knew at that time was about three miles below the falls. The forks were
known as the north fork and the south fork until 20 years ago when Col. Spotswood
named the south fork Rapidan, the other fork being called Rappahannock or the
north river. Copy. ^ p.

467. vi. Affidavit sworn as preceding by Francis Thornton, 2 October 1736.
34 years ago there were only two settlements on the south side of the Rappahannock
above Snow Creek, the uppermost of which was about four miles below the falls.
On the north side the uppermost plantation was about two or three miles below the
falls. Deponent has been acquainted with the fork for 26 years, one fork being
commonly called the south branch and the other the north branch. Copy. \ p.

467. vii. Affidavit sworn as preceding by William Russell, i October 1736.
Deponent testifies to same effect as No. 467 v. with regard to the names of the forks.
Thirty odd years ago the uppermost settlement was a tobacco house built by Capt.
Mountjoy now Col. Carter's quarter on the north side a little below the fork. There
was a plantation at Scales, about two miles below the falls. Copy. \ p.

467. viii. Affidavit sworn as preceding by Thomas Harrison, 17 June 1737.
About 63 years ago the uppermost settlement on the Potomac was no higher than
Hunting Creek, about 1 5 miles below the falls ; in the Susquehannah war the people
there were obliged to retire. About 50 years ago sundry families settled there again,
at which time the falls of Potomac were not known. Copy. \ p.

467. ix. Bargain and sale indented by Thomas, Lord Colepeper of the one part
and George Brent of Virginia, Richard Foote of London, Nicholas Hayward of
London and Robert Bristow of London, of the other part, 10 January 1686/7. Lord
Colepeper grants to Brent and the others 30,000 acres of land in Stafford county
between the Rappahannock and Potomac rivers backwards at least six miles distant
from the said main rivers. Copy. 3 J pp. Endorsed, as covering letter.

467. x. Grant by Marguerite, Lady Culpeper and others to Philip Ludwell of
2020 acres of land in Richmond county on the main river of the Rappahannock,
i June 1709. Copy, certified by W. Fairfax, i p.

467. xi. Grant by same to same of 3 840 acres of land in Richmond county, 2 June
1709. Copy, certified as preceding, i p. Endorsed, as covering letter.

467. xii. Grant by Governor Nott to Harry Beverly of 1920 acres of land in
Essex county, 2 November 1705. Copy, certified by Matthew Kemp. p.

467. xiii. Grant by the Crown to Robert Carter of 392 acres of land in Essex
county, 22 January 1717/8. Copy, certified as preceding. \ p.

236 STATE PAPERS COLONIAL [468

467. xiv. Grant by same to same of 3640 acres of land in Essex county, 22 January
1718/9. Copy, certified as preceding, i p.

467. xv. Grant by same to Henry Willis of 3000 acres of land in Spotsylvania
county, i February 1726/7. Copy, certified as preceding, i p. indorsed, as covering
letter.

467. xvi. Letters patent of Charles II to Thomas, Lord Colepeper, granting all
that land bounded by and within the head of the rivers Rappahannock and Potomac,
8 May 1669. Copy, certified as preceding. 6 pp. Endorsed, as covering letter.

467. xvii. Letters patent of James II to Thomas, Lord Fairfax, confirming the
preceding, 27 September 1688. Copy, certified as preceding. $pp. Endorsed, as covering
letter.

467. xviii. Account of H.M.'s revenue of 2S. per hogshead arising within the
colony of Virginia, 25 October 1736-25 April 1737. Balance brought forward,
545 8/. js. 6d. Receipts, ii37/. js. nd. Disbursements, 23 5 2/. izs. 6d. Balance remain-
ing, 42447. zs. i id. Signed, John Grymes, Receiver-General. Audited by John Blair,
Deputy- Auditor, 5 August 1737. Passed by William Gooch. 2 pp. Endorsed, as
covering letter.

457. xix. Account of H.M.'s revenues of quitrents arising within the colony of
Virginia, 25 April 1736-25 April 1737. Balance brought forward, 83637. us. Receipts,
38857. 14^. %d. Disbursements, 77137. %s. 6d. Balance remaining, 45357. i8.r. zd.
Signed, audited and passed as preceding. 4pp. Endorsed, as covering letter. [C.O. 5,
i$z4,fos. 64-6 jd, 69-98^.]

468 President James Dottin to Council of Trade and Plantations, enclosing

August 20. public papers. By H.M.'s 46th instruction the commander-in-chief is
directed for the prevention of long imprisonment to appoint two courts
of oyer and terminer to be held yearly, vizt. on second Tuesday in December and second
Tuesday in June, the charge whereof not exceeding ioo7. each sessions is thereby men-
tioned to be paid by the public treasury of this island. I presume this instruction, which
is renewed to every governor, was first made before a law of this island dated 1 1 May
1708, which has been confirmed at home, and which appoints the holding of such courts
in the manner mentioned in the instruction; but by one of the clauses enacts that the
incident charges of each sessions as to the entertainment of the court and jurors, not
exceeding in any session ioo7. sterling, shall be paid out of H.M.'s casual revenue arising
in this island, such payment to be made by the casual receiver for the time being on an
order from the governor or commander-in-chief by and with the assent of the council.
But the casual receivers having often alleged that they had not sufficient in their hands
to defray these expenses, our legislature has made provision for payment out of the
treasury, expecting that when the casual receiver has enough in his hands to answer this
demand he will pay the same and save that charge to the country, whose credit at present
is at the lowest ebb. There has of late been many large sums come into the casual re-
ceiver's hands arising by fines and other forfeitures incurred at the sessions, so that he
has more than sufficient to defray the expenses of the court, the doing whereof would
save a considerable sum to this sinking island. But as this instruction expressly directs
it should be paid out of the treasury and is dated long after the passing the law (though
probably first conceived before it) I will not give an order on the casual receiver before
I know your sentiments hereon, which I am desired by the council earnestly to entreat
you to give, that this expense may be saved to the country and paid according to the
Act. For otherwise, it is imagined these courts of grand sessions cannot be continued,
as no person will undertake to provide for the entertainment of them to be paid by the

47 1 ] AMERICA AND WEST INDIES 1737 *37

public; and as this provision for the payment of it out of the treasury is made by an
annual Excise Act it may possibly be discontinued when it is found that the casual
receiver is not to pay it. John Maycock, pursuant to H.M.'s directions, has been sworn
a councillor. Signed. \\ pp. Endorsed, Reed. 17 October 1737, Read 21 April 1738.
Enclosed,

468. i. List of papers sent to Council of Trade and Plantations: Acts to prevent

exportation of clay; to prevent hardships by forestallers, ingrossers and regrators;

to enable assignees of debts to commence suits; for ascertaining the price of meat;

minutes of council, i September 1736-5 July 1737; minutes of general assembly,

28 October 1736-28 June 1737. i p. [CO. 28, 25, fos. 58-61^.]

469 Same to Duke of Newcastle. I have not been honoured with any of

20. your commands for a long time. If H.M. had thought proper to have
given any further directions concerning those islands stipulated to be
evacuated by the English and French, it would have given me much pleasure and I
should most cheerfully have endeavoured to pursue all proper measures to remove the
French, who greatly increase in their settlements on these islands, therefrom, as it gives
the inhabitants here much concern which you will observe by the council and assembly's
addresses to me in the minutes of council of 10 May and 5 July last. This letter accom-
panies the public papers. By H.M.'s 46th instruction the commander-in-chief is directed
for the prevention of long imprisonment to appoint two courts of oyer and terminer
to be held yearly. [Continues, as preceding} I return thanks for H.M.'s approbation of the
two gentlemen I recommended to be of the council here. Signed, z pp. [CO. 28, 45, fos.
405-406^.]

470 Thomas Causton to [Trustees for Georgia 1 ], enclosing receipts for
August 22. cas h paid and the particular issues at the store to 24 June last. The

several accounts current explaining the reasons for each of these will
be finished with very shortly and sent by the next conveyance to Charleston. The people
are generally in good health, both here and at the southward, and have the happiness
now to be well provided with food. As my diary contains the most material occurrences
I hope my reference thereto will excuse me from saying anything further at present.
Signed, i small p. Endorsed, Reed, i December 1737. [CO. 5, 639,/oj-. 401-402^.]

471 Harman Verelst to Thomas Causton, by the Charles, Capt. James Reid.
August 22. iooo/. in sola bills of 5/. each, C. 331-530, are sent herewith. As Mr.

lce ' Oglethorpe is in England and his name is necessary to the bills, these
are made out issuable in Georgia for value there to be received either by himself or his
order; and Mr. Oglethorpe on the back of these bills has directed you to issue them for
the value thereof. Therefore you are to fill up the days of issuing and the person to
whom, and sign the issue yourself, filling up the cheques also that you may know here-
after to whom each bill was respectively issued, for which purpose you are to keep the
cheques after the bills are indented from them when issued. The Trustees desire you will
send them an account by the first opportunity what demands remain unsatisfied that
they may know the state of their cash and provide for answering the establishments to
Lady Day 1738 by sending sufficient sola bills. And they again repeat their directions
for your conforming to the rules of their establishments without making any other
expense whatsoever. I have sent Mr. Eveleigh the Daily Advertisers, 18 June 1737-20
August 1737, which I have desired he will forward to you. I have sent you two locks

1 See No. 626.

238 STATE PAPERS COLONIAL [472

and keys fastened upon the small box to put to a chest to be made in Georgia for keeping
the seal for the town-court in and the books and papers of record, which keys are to be
kept by two of the magistrates. Entry, i p. [C.O. 5, 667, fos. $jd, 36.]

472 Same to Samuel Eveleigh, enclosing Daily Advertisers, 18 June 1737-
August 22. 20 August 1737, to be forwarded to Mr. Causton. Entry. 1 p. [C.O. 5

Georgia Office. 66?> ^. 36 j

473 William Stephens to Harman Verelst, enclosing the following. Please

August 22. impart it to my friend at Whitehall and to my son. Signed, i p.
On Mary Ann in p*./ .
Studland Bay. ^closed,

473. i. Journal of Mary Ann, 13 August-2o August 1737, Gravesend
to Studland Bay. Signed, William Stephens, i p. [CO. 5, 639, fos. 329-331.]

474 Alured Popple to John Hamilton, sending circular queries relating to

August 24. New Jersey. Entry. \p. [CO. 5, 996, p. 400.]
Whitehall.

475 Same to Lieut.-Governor George Clarke, enclosing circular queries

August 24. relating to New York. Entry. \ p. [CO. 5, i ii6,fo. 34.]
Whitehall. 5 J 2 F L

476 Minutes of meeting of Trustees for Georgia. Received, receipts from
August 24. the bank for io/. paid in by John Laroche and io/., the subscription

Palace Court. of Hon Edwar{ j Digby, both towards building two churches in
Georgia and other religious uses, f p. [CO. 5, 687, p. 38.]

477 Council of Trade and Plantations to Duke of Newcastle, transmitting
August 24. the following. Having lately sent you some papers on the same subject

we have nothing further to add. Signed, Monson, R. Plumer, T.
Pelham. i p. Enclosed,

477. i. Memorial of John Thomlinson to Council of Trade and Plantations. Copy,
of No. 478. 8| pp. [CO. 5, 752, fos. 306-313^; entry of covering letter in CO. 5,
917, /0. io\d; draft of same in CO. 5, 896, /0. 91,

478 Petition of John Thomlinson, agent for the Assembly of New Hamp-

[August 24.] shire, to Council of Trade and Plantations, protesting against the
proclamation of Governor Belcher of 23 May for the detection of persons concerned in
the secretion of a packet directed to him. The packet was directed to the governor of
New Hampshire or in his absence the lieut. -governor, to be delivered to whoever had
the supreme command at the time. If the instructions for New Hampshire had been
sent to Governor Belcher in Massachusetts, New Hampshire might have been left
ignorant of H.M.'s instructions with regard to the boundary commission. Petitioner
complains further of Governor Belcher and hopes that the Council of Trade and Planta-
tions are truly sensible of the cruel oppression and tyranny under which New Hampshire
has laboured and must continue to labour so long as they are governed by a native of
Massachusetts. Signed. 4\ pp. Endorsed, Reed., Read 24 August 1737. [CO. 5, 880, fos.

482] AMERICA AND WEST INDIES 1737 239

479 Duke of Newcastle to Lieut. -Governor William Gooch. H.M. has
August 25. pardoned Mary Thornton, found guilty of murder of her bastard

Hampton Court. ^^ Attested copy of warrant enclosed. Entry, i p. [CO. 324, 37,

pp. 80-8 1.]

480 Alured Popple to Francis Fane enclosing 17 Acts passed in Massachu-
August 31. setts in 1736 for his opinion in point of law, vizt. Acts for supplying
Whitehall. ^ treas ury with i8,ooo/. in bills of credit of the present form and

9ooo/. in bills of credit of a new form for discharging the public debts; to prevent
defacing bills of credit; for regular appointment of petty juries; for regulating porters
in Boston; for providing for service of summons; for relief of poor prisoners for debt;
concerning highways ; for securing seasonable payment of rates ; concerning admission
of town-inhabitants; to prevent gaming; for preventing and punishing theft; for
regulating the service of executions by sheriffs and coroners ; to oblige coroners to give
security for due performance of their office; for altering times of holding courts; for
regulating swine; concerning killing wolves; for encouraging killing of wildcats. Entry.
4pp. [CO. 5, 917, fos. 102-104.]

481 Council of Trade and Plantations to Duke of Newcastle, enclosing the
August 31. following papers. By which you will see that the Spaniards continue
whiteha . ^ e [ t depredations on H.M.'s subjects in America. Signed, Monson,

T. Pelham, R. Plumer. i p. Endorsed, Copy of this and the three enclosures sent to Mr.
Keene, 12 September. Enclosed,

481. i. Governor Mathew to Council of Trade and Plantations, St. Christopher's,
14 June 1737. Copy, of No. 339 i. 3 pp.

481. ii. Extract of letter from the same to Alured Popple, 18 July 1737. The
Spaniards have begun again their depredations and cruelties within this government,
from Porto Rico as by enclosed affidavit. Copy. p.

481. iii. Affidavit of John Harris, sworn before William Mathew, n July 1737.
Copy, of No. 408 i. 3 pp. [CO. 152, 40, fos. 303-311^; entry of covering letter in
CO. 153, 1 6,70.65.]

482 The General Plan of Mr. Hamilton's intended settlement in South
I August 31] Carolina, (i) I propose to give every family, one with another, 200

acres of land in fee for ever, free for the first five or six years ; after the expiration of
which term they oblige themselves to render me one-fifth part of everything their land
produces or in lieu thereof a certain rent not exceeding u 1 . per acre, and to be obliged
to make their option within 1 5 years. (2) The things I oblige the people to propagate
are wine, currants and raisins, oil, coffee, cocoa, hemp, flax, wax, honey, saffron, together
with all kinds of corn and cattle for provisions ; and I oblige myself to furnish every
family with the first species of these commodities within 12 months after their arrival in
Carolina and likewise to furnish them with people skilled to instruct them, under penalty
of receiving no consideration for the land I let them. (3) I oblige myself to furnish every
family with a certain quantity of provisions when they arrive, which they oblige them-
selves to repay me in kind or the value thereof in other commodities at the expiration
of two years from their arrival.

On these terms I have already agreed with about 140 families who are ready to enter
into writings as soon as I am prepared so to do. And in order to make my settlement
effectual and extensive I have agreed upon terms with several gentlemen who will
oblige themselves to procure me as many people (such as I would have) as will be
sufficient to settle twice this quantity of land in the manner and on the terms I propose.

240 STATE PAPERS COLONIAL [483

Wherefore I can with safety oblige myself to settle this or any other tract of land H.M.
will be pleased to grant me in the space of 10 years, which if I do not I submit to forfeit
what I do not settle. My design is more particularly adapted to the interest of Great
Britain than any settlement ever attempted in America; and still more so as I am resolved
to let no one thing be manufactured by the people I settle which is manufactured in any
part of Great Britain, which I conceive is the true way to make the colonies easy and
happy in themselves and truly useful to their mother country. The only indulgence
asked for is liberty to take up land in any convenient place where it has not already
been taken up by anyone else. NB. 1000 families will settle 200,000 acres at 200 acres
to each family, one with another ; and if I could accommodate them I am able to bring
10,000 families to that province upon the preliminaries I have mentioned and within
the space of time. z\ pp. Endorsed, Mr. Hamilton's General Plan, received from him.
Reed., Read 31 August 1737. [CO. 5, $66,fos. i6-ijd.]

483 Gotthilf Augustus Francke to Henry Newman recommending Dr.

[August 31 (O.S.)] Thielow, appointed physician to the colony of Ebenezer. Latin. Copy.
September xi(N.S.) ^ ^ [C Q ^ ^j^ ^^j

484 Council of Trade and Plantations to Committee of Privy Council.
September i. w e have considered the petition of Mr. Zouberbuhler pursuant to

your order of 29 July last, wherein he prays that in view of the very
great charge of his proposed settlement at New Windsor he may be allowed the reward
of 28oo/. Carolina currency. We see no reason to alter our opinion which we gave you
in our report of 5 May last. Entry. Signatories, Monson, Thomas Pelham, Richard
Plumer, R. Herbert. z\ pp. [CO. 5, 401, pp. 221-223; draft in CO. 5, 381, /<w. 248-249^.]

485 Minutes of meeting of Trustees for Georgia. Received, a receipt from
September 7. the bank for io/. paid in by Rogers Holland, his subscription towards

a ace ourt. kmlcl m g two churches in Georgia and other religious uses. \ p. [CO.
5, 687, A 39.]

486 Benjamin Martyn to Thomas Causton. The trustees named in the trust-
September 7. grant are to put the bearer, Isaac Gibs, in possession of a 5o-acre lot

Georgia Office. ^ Abercom . Entr ^ ^ [ C .O. 5, 667, fo. 36.]

487 Same to Bailiffs and Recorder of Frederica. The trustees named in the
September 7. trust-grant are to put the bearer, Samuel Wathey, in possession of a

fice> lot in the town of Frederica. Entry. \ p. [CO. 5, 667, fo.

488 Affidavit of Owen Tudor, late mariner on Prince William, John

September 8. Kinselagh master, sworn before Richard Brocas. The said ship sailed
from St. Christopher's 14 March last, laden with 302 hogsheads sugar,
io pipes Madeira wine, io tons Braziletta wood, bound directly for London. On 24
March about 150 leagues east of the Bermudas they met two Spanish vessels, a ship of
24 guns and a sloop of 8 carriage and 8 swivel guns, which fired on and stopped the
Prince William. Deponent, with Capt. Kinselagh and three others, went aboard the
Spanish ship. Capt. Kinselagh produced his bills of lading and other papers proving his
ship and cargo to belong to subjects of Great Britain. The Spaniards detained Capt.
Kinselagh and searched his ship, finding a parcel of Braziletta wood. This they supposed
to be Spanish and accordingly seized the ship and cargo, put 70 Spaniards aboard, and

49*] AMERICA AND WEST INDIES 1737 2 4 J

took her to Havana. Deponent, with six other English sailors, was landed at San
Domingo and thence made his way to London; while he was aboard the Spanish ship,
a Dutch vessel carrying the governor of St. Eustatius was seized. Signed, Owen Tudor,
his mark, i p. [C.O. 137, j6,/o. 64, 64^.]

489 John Brownfield to [Trustees for Georgia]. My illness will permit me
September 9. to say but little concerning the enclosed representation. The grand

jury was discharged on 2nd inst. notwithstanding they acquainted the
court with their having a great deal of other necessary business to proceed upon in order
to lay before the court. Mr. Causton has used many threatening speeches against several
members of the said grand jury and hath endeavoured to corrupt the servants of some
to confess their masters' private discourse to him. Should not those ill proceedings meet
with some check from you I am afraid juries will be quite useless. The grand jury having
reason to suspect that one of their members had perjured himself by revealing the
secrets of the said grand jury, they did fully purpose to present the said person to this
court but being discharged in manner above-mentioned they were prevented from so
doing. Therefore the members of the said grand jury do intend with all possible dispatch
to lay before you by a further representation these and several other matters of importance
touching the peace of the king and the welfare of this colony. I shall when my illness a
little more abates write to you concerning my behaviour throughout this affair. Signed.
i p. Endorsed, Reed. 7 December 1737. [C.O. 5, 639, fos. 404-405^.]

490 Duke of Newcastle to Council of Trade and Plantations, directing that
September 9. an instruction be prepared for Edward Trelawny, governor of Jamaica,

Hampton Court, agreeable to that prepared for Henry Cunningham according to the
Duke's letter of 12 June 1734. Signed, i p. Endorsed, Reed. 10 September, Read 14
September 1737. [C.O. 137, zz,fos. 137, 137^, 140, 140^.]

491 Robert Wright to Council of Trade and Plantations. As chief justice

September i2. o f this province I have too often been obliged to trouble you with
bouth Carolina. j. ,. 1T 111 TTHJ-.

some proceedings which I apprehended were contrary to H.M. s

instructions, repugnant to the laws and statutes of Great Britain, and highly prejudicial
to H.M.'s crown and revenues, all which I protested against before they passed into
laws, which protests together with the proceedings of the general assembly have been
transmitted to you; and most of those pretended laws have been since disapproved by
you and repealed by H.M. This makes me with more cheerfulness presume once more
to apprise you of some objections I made to the Jury Law ratified on 20 August 1731,
which law (as I am informed) some members of the present assembly are pressing Mr.
Fury, their agent, to lay before you for your approbation in order to be confirmed by
H.M. It is but a few days since this design came to my knowledge, therefore I could not
sooner nor in so regular a manner as I ought apprise you of the objections I make to that
law. I apprehend the reason of their pressing for the confirmation to be that (there
being several considerable tracts of land within this province which by reason of the
parties being attainted or dying intestate without heirs as well as by other ways and
means are become forfeited and escheated to H.M.) process was issued to the provost-
marshal commanding him to summons a jury of the neighbourhood to enquire into the
several facts and find an inquest of office, being the only means to entitle H.M. to the
said forfeited and escheated lands; and when the jurors appeared, a member of the
present assembly went to each juror and openly declared that there was no law in this
province to compel jurors to serve on such inquests, and that all who should serve on
1 6 XLIII

242 STATE PAPERS COLONIAL [492

the same were enemies to their country. Should this law be confirmed, there would be
some colourable pretence for their refusing to serve on such inquests for the crown,
and many people would wrongfully hold large possessions which are devolved and
become the rights of the crown and, by some clauses in this law contained, screen
themselves from rendering any account of the same.

My objections to the first paragraph of this law are because therein it is said that the
several persons therein named in the schedule thereunto annexed, and no other person
whatsoever, shall be obliged to serve as jurymen; this is an infringement of the king's
prerogative and contrary to law, for the king's escheator may summons a jury to take
an inquest of office for the king, which power of the escheator I conceive is superseded
by this law; and to limit a certain set or number of people to be jurymen, as by this
clause is directed, I apprehend to be contrary to the fundamental constitution of the
realm, for jurors are to be free, honest, lawful and indifferent men, without any restric-
tion or limitation to any place, shire or county save only that they be of the vicinage and
within that place, shire or county where the fact to be tried was committed and done;
and though the latter part of the paragraph seems to provide a jury for an inquest of
office, yet it is very deficient and impracticable and contrary to the ist of Henry VIII,
ch. 8, which directs that inquests of office are to be found by 12 free and lawful men of
the neighbourhood and not by strangers; and to carry such from their habitations 100
or 200 miles is not only unreasonable and impracticable but repugnant to Magna Charta
and the aforesaid statute. The 23rd paragraph likewise seems to provide for juries on
special occasions and for inquests of office but clogs the method with so many formalities
and delays that it can scarce be complied with, which are likewise encroachments on
the crown and repugnant to the laws of Britain as is before-mentioned. I cannot conceive
for what purpose this perplexed method of summoning juries could be prescribed, but
to deprive or make it difficult for H.M. to recover his just rights and revenues and to
make the laws and constitution of Great Britain subservient to the by-laws of Carolina.

The 28th paragraph allows the Presbyterians to make a solemn and conscientious
declaration and affirmation, instead of an oath, which is contrary to law and the approved
practice and usage of the courts of justice in Westminster Hall, and I apprehend con-
tributes too much to continue and encourage divisions which otherwise might subside.
The 3oth paragraph empowers the governor to appoint assistant judges, which is a
bold attack upon the crown and a usurpation of the king's authority and repugnant
to law, it being the king's undoubted right to appoint his judges. The 43rd paragraph
allows counsel to felons and a copy of their indictments three days before trial, which
prolongs the sessions and makes the attendance of juries and others very burthensome
and expensive and encourages roguery in hopes that some flaw may be found in the
indictment or other proceedings. This clause might be well intended, but is contrary
to law and has hitherto proved inconvenient. It is probable when Mr. Fury, the Carolina
agent, lays the law before you, many other objections may be made, but I conceive
those I have mentioned relating to the crown and the revenues thereof may be sufficient
to postpone its confirmation till some amendments are made thereto conformable to
the laws and statutes of Great Britain, which will preserve both the rights of the king
and of all his subjects. Signed. i\ pp. Endorsed, Reed. 28 November, Read i December
1737. [CO. 5, 366, fos. 22-2 3 <|

492 Council of Trade and Plantations to Duke of Newcastle, enclosing

September 14. draft of general instructions and instructions relating to the Acts of

Trade and Navigation for Edward Trelawny, govenor of Jamaica,

AMERICA AND WEST INDIES 1737 2 43

with representation thereon. Entry. Signatories, Monson, T. Pelham, James Brudenell,

R. Plumer. i p. Enclosed,

492. i. Same to the King. In the draft instructions we have made no alterations or
omissions from the general instructions given to other governors except in the
following articles. In the first article we have inserted the names of the twelve
councillors; but Edward Charlton, Henry Dawkins, William Gordon and Temple
Lawes, upon a disagreement with President Gregory, have withdrawn from the
council. When we had this affair under consideration we reported to the Committee
of the Privy Council that we thought them persons not proper to be continued
councillors. We submit it to you whether the said four gentlemen be continued or
whether others should be appointed in their room. The 2 8th article forbidding the
governor to pass any act which shall restrain the officers of your forces from recruiting
their companies in that island, and the 3oth, 3ist and 32nd articles relating to the
better peopling the island by encouraging white people to go and settle thereon which
were given to Mr. Cunningham as additional instructions are here made part of the
general instructions. We have likewise inserted the 84th and 8jth articles relating to
laying duties on negroes which were given to Mr. Cunningham because it has been
represented to us that the same exigencies which induced you then to give it subsist
still, and that unless this duty be continued the island will be in the greatest distress.
We have united the 28th and 29th articles of Mr. Cunningham's instructions relating
to subsisting your eight independent companies now there and made one general
article of them. We have also inserted the 34th instruction empowering Mr. Trelawny
to receive an additional salary in the same words it was given to Mr. Cunningham
pursuant to your orders signified to us by the Duke of Newcastle's letter of 9th inst.
The Commissioners of Customs having proposed that an instruction should be
given to your governors in America for the better securing the duties on foreign
sugar, molasses etc. in the Plantations, we have inserted the i3th article for that
purpose in the draft of Mr. Trelawny's instructions which relate to the Acts of Trade
and Navigation. Entry. Signatories, as covering letter. 4^ pp.

492. ii. Draft of instructions for Edward Trelawny, governor of Jamaica. Entry.
134 pp. [CO. 138, 1 8, pp. 129-268; original of covering letter in CO. 137, 48, fos.
27-29^.]

493 Same, to Committee of Privy Council. Pursuant to your orders of

September 14. g December 1736 and 4 February last, we have considered the petition

of the council and assembly of South Carolina [Cal. S.P. Col., 1735-36,

No. 483 i.] and the petition of the Trustees of Georgia complaining against the lieut.-

governor, council and assembly of South Carolina for opposing the execution of an Act

for maintaining the peace with the Indians in Georgia.

Upon this occasion, having been attended by the agent for South Carolina and
several of the Trustees for Georgia and heard counsel as well for and against the petition
of South Carolina as for and against the petition of Georgia, we acquaint you that the
counsel for Carolina in support of their petition insisted that they and all H.M.'s subjects
had a right to trade with all Indians in amity with the crown of Great Britain, that there
was a law then in force in Carolina by which all persons going from that province to
trade with the Indians were obliged in order to preserve the peace with them to take
licences and give security for observing certain rules laid down for regulating the said
trade. They likewise insisted that the navigation of the river Savannah ought to be free
to all H.M.'s subjects and then produced affidavits to show that several persons who

244 STATE PAPERS COLONIAL [493

were regularly licenced in Carolina to trade with the Indians had been disturbed m
their trade and driven by force from the places where they were trading, and some had
their goods seized under pretence that they were within the province of Georgia and
were not to trade there without taking out licences at New Savannah in Georgia from
the commissioners appointed for that purpose. They likewise gave evidence that some
rum has been seized and staved on board a vessel at New Savannah town in Georgia
that stopped, as they alleged, only to deliver letters and was proceeding up the river to
Old Savannah town in Carolina; and that a boat had been obliged to bring to as it was
passing up the Savannah river on pretence that it was importing rum into Georgia
contrary to the laws of that province.

In answer to which the counsel for Georgia insisted that by virtue of the afore-
mentioned Georgia Act no persons whatsoever were to trade with the Indians within
the province of Georgia without first taking out a licence at Savannah in Georgia; and
that by virtue of another Act passed by the Georgia Trustees and confirmed by H.M.
to prevent importation of rum and brandies, no person was to import rum into the said
province. They then proceeded to examine some witnesses and read some affidavits to
prove that some of the places (mentioned by the counsel on the other side) from whence
the traders of Carolina had been removed were within the limits of Georgia between
the rivers Savannah and Altamaha, the north and south boundaries thereof, as described
in their charter. They likewise produced other evidence to show that some of the said
places were on the south side of the Savannah river and they concluded from thence
that they were in the province of Georgia, at least if they were not it would be incumbent
on the complainants to prove the contrary. They admitted that rum had been seized at
New Savannah and likewise insisted that they had a right to stop all vessels going on
the south side of Hutchinson's Island in the river of Savannah to search for rum, it being
in the province of Georgia and therefore liable to be seized by virtue of the aforesaid
Act.

We observe that the trade that is carried on with the Indians is of great importance
and advantage to H.M.'s subjects, that the trade has increased annually since Carolina
has been in H.M.'s hands, that it is of great consequence to all H.M.'s settlements in
those parts to preserve the friendship of the Indians ; and therefore it is with concern
we see these disputes between H.M.'s subjects, and unless care be taken to quiet them
we fear they may endanger the loss of this trade and the French or Spaniards may
thereby gain the Indians into their interest, for laws made in either of these provinces
cannot bind the Indians and if they are put under difficulties in obtaining such European
goods as they have occasion for from H.M.'s subjects they will easily be tempted to
trade with the French or Spaniards. We are of opinion that this trade with these Indians
should be free to all H.M.'s subjects and that, if the Act passed in Georgia for maintain-
ing the peace with the Indians is to be taken in the strict sense that is put upon it, it may
be highly prejudicial to the trade of Great Britain and be attended with inconveniences
which we think could not be intended at the time of passing the same; and instead of
being an Act for regulating their trade it may give them an exclusive trade and be of
dangerous consequence. And to show you what the opinion of this board was on a case
of a like nature we annex a copy of a representation to the late queen, dated 6 September
1709, relating to the seizure of goods in Carolina belonging to some Indian traders of
Virginia; and we must observe that as yet the heads of the rivers that are given for the
boundaries of Georgia are unknown and no western lines can therefore be settled. It is
likewise certain great part of the Indians lie on the south side of the Altamaha river,
the most southern bound of Georgia, and are still within the province of Carolina
which extends southward to 29 degrees north; so that were H.M.'s subjects residing in

AMERICA AND WEST INDIES 1737 245

Carolina obliged to go to New Savannah in Georgia to take out a licence under that
government for leave to trade not only with the Indians that are said to be in Georgia
but also for crossing one part of H.M.'s dominions to trade with the Indians actually
within the province of Carolina, it would be a hardship could not possibly be intended
by that Act and yet we find it is expected that every person that goes to the southward
of the Savannah should take a licence agreeable to the Act of Georgia.

If that rule is to take place there will be no obligation on the government of Georgia
to grant licences to any persons they please to object to and then the inconveniences may
soon happen which are mentioned in the former report to which we refer. For which
reasons we are of opinion that all H.M.'s subjects in Carolina as well as in Georgia should
be at liberty to trade with all Indians in amity with the crown of Great Britain and that
those traders which go from Carolina should take their licences at Charleston and give
the security there agreeable to the law of that province and those traders that go from
Georgia should take their licences at New Savannah and give the security there agreeable
to the law of that province. As to the navigation of the river Savannah we think that
the northern branch of it ought to be free and no vessels should be stopped going up
either side of Hutchinson's Island (a little island in the said northern branch opposite to
New Savannah) on account of having rum on board unless offering to trade at any of
the settlements in Georgia. For with respect to the Indians we are apprehensive that if
we do not supply them with rum they will get it from the French. With respect to the
complaint of the ordinance passed in Carolina, we do not find that it is against law or
against the governor's instructions or goes further than a resolution to raise a sum of
money to indemnify the traders who took out licences there in case they should suffer
for acting under those licences whilst this dispute was depending. Nor do we find that
Thomas Wright, the person mentioned in the complaint of the Georgia Trustees, was a
transported felon or that he was employed to animate the Indians in Georgia against
H.M.'s subjects. Entry. Signatories, Monson, T. Pelham, James Brudenell, R. Plumer.
10 pp. [CO. 5, 401, pp. 224-233; draft in CO. 5, 381, fos. 250-255^.]

494 Governor William Mathew to Alured Popple. I have delivered to
September 14. Capt. Main an Act of Montserrat appointing John Yeamans agent for

that island. In the same box I have put an affidavit of Mr. Attorney-
General here relating to Mr. Wavell Smith's complaints against me, which I had not in
time to transmit to Mr. Yeamans with other papers for my justification. I pray you give
him this. Signed, i small p. Endorsed, Reed. 8 December 1737, Read 15 February 1737/8,
Annotated, N.B. That affidavit was delivered to Mr. Yeamans by Mr. Popple. [CO. 1 5 2,
^Jos. 73, 73 </, 76, 7 6</.]

495 Commission to John Stewart to be lieut.-governor of Jamaica. Entry.

September 15. i^ pp. [CO. 324, )j t pp. 78-79; another entry in CO. 324, 50, p. 142.]
Hampton Court.

496 Governor Jonathan Belcher to Council of Trade and Plantations
September 17. acknowledging H.M.'s additional instruction of 30 April last respecting

issue of bills of credit. By which I find that the emissions made here
in 1733 and 1734 seem to have been represented as so much issued for those years only;
whereas it will be found on examination that no bills were emitted from December 173 1
till October 1733, and then was issued 76,5007. to extend to May following (being 2
years and 4 months), the assembly contending all that time as to the way and manner
of supplying the treasury, so the debts of the province kept increasing, for it was

246 STATE PAPERS COLONIAL [497

necessary the government should be supported by money or credit, and the longer
before the debts were paid off the larger must the sum be when it was done ; and this
made the emission in 1733 about 6o,ooo/. more than it would have otherwise been just
at that time. And yet the emission upon the whole was not an exceeding of H.M.'s i6th.
instruction which allows 3o,ooo/. a year to be issued for the annual support and service
of the government. As to the bills of credit that were issued in the government before
I came into it, they have been mostly called in and sunk according to the several periods
and provisions of the respective Acts by which they were issued, and what are not have
been lately specially ordered so to be by the whole legislature by prosecutions in the
law. I say they are of course sunk when they are paid into the treasury and the reissuing
any bills is just the same with making new ones, and if at any time there lie old bills with
the treasurer that are not too much defaced or worn to pass again by their reissuing it
saves the government the charge of new paper, new stamping and new signing (which
is considerable) and the bills answer the end as well as so many new ones: nor is the
emission one shilling the more when old bills are reissued than if new ones were made
every time the treasury is supplied. I therefore cannot apprehend, with deference to you,
that I have made any infraction on H.M.'s i8th instruction. I shall strictly conform to
the additional instruction by not issuing more than 3o,ooo/. for the annual support of
the government. Nor shall I continue any bills current beyond the time limited by the
Acts for emitting them without a suspending clause to wait H.M.'s pleasure therein.
And as the assembly for about a year past have got into a method of emitting bills of a
much better value than heretofore, I hope the charge of the government will be fully
comprised in the annual sum of 30,0007. Signed. 6\ small pp. Endorsed, Reed., Read
1 6 November 1737. Enclosed,

496. i. Abstract of above, with comment : 'He gives no account of the real state
of the bills so that we are kept entirely in the dark here and can have no judgement
of their quantity or current value but by the exchange they bear at present'. Unsigned.
zpp.[C.O. j, 880,/w. 73-78^.]

497 Same, to Duke of Newcastle. [In substance same as No. 496.] Signed.
September 17. y small/)/). Endorsed, Reed. 30 October. [CO. 5, 899, fos. 274-277^;

duplicate, endorsed, Reed. 6 November, inC.O. 5, j$2.,fos. 314-317^.]

498 Harman Verelst to Thomas Causton by Three Sisters, Capt. Hewitt.
September 17. Several German families having indented themselves at Cowes as

servants to the Trustees, Capt. Dunbar who went down on that
occasion will enclose you the indenture which they all sign and a list of each family and
the heads contained therein. These families are to be delivered at Tybee by the Three
Sisters, Capt. Hewitt, who will send you notice of his arrival that you may go and receive
them in such craft as is proper to bring them from thence to Savannah. You are to call
over the families by the list computing the number of heads the whole amount to, and
then you will find if they are all arrived or if any shall have died at sea. Those that arrive
and are delivered to you are the heads the Trustees are to pay for and you are to give
the captain a receipt for the number of heads you receive. If the passengers have no just
complaints against the captain in the voyage, the Trustees would have you be very civil
to him whereby he may be encouraged and like to bring passengers for Georgia. And
you are to be very kind to these German families, to get dry lodgings for them, to furnish
them with such pots as shall be necessary, and to let each family be kept together, and
let them have the liberty of working for themselves on Saturdays ; and what baggage or
necessaries they have belonging to them are to remain their own. If there are two

501] AMERICA AND WEST INDIES 1737 247

families in which there are four or five young men, you are to send them to Capt.
Gascoigne to serve him, and the rest are to be employed in going on with the farm for
the Trust under Mr. Bradley's directions if he is in the colony and in health so as to be
willing to take the charge upon him. But if not, then Henry Parker, the third bailiff, is
to oversee them and they must be employed for the Trustees' service in clearing and
cultivating some of their farms until Mr. Oglethorpe's arrival. Each head of these German
families is to be supplied with 5 Ibs. of meat, \ Ib. of butter and 6 Ibs. of bread kind of
Indian corn, rice and flour a week ; and you are to take care that their victuals are regularly
given them and that neither they nor any other of the inhabitants of Georgia have any
disobliging behaviour shown to them to make them uneasy.

The Trustees have heard that Camuse's family are at Charleston, and if it is true they
desire to know the reason of their going from Georgia. They have also heard that there
is a scarcity of provisions at the southward which they are surprised at by reason of the
orders you have had for supplying them from Mr. Oglethorpe and by the Trustees'
letters ; and they again repeat their directions that they should be supplied according to
those orders and to be sure that you do not let them want bread kinds at the Darien
nor anywhere else to the southward. If Indian corn is not to be had at a reasonable
price, rice which is the product of Carolina sure cannot be wanting now the harvest is
coming in. And as great quantities of provisions have been bought, how came the
southward settlers not to have their full supply? The Trustees are sending the Georgia
pink, Capt. Daubuz, this month to Ireland for a cargo of beef and butter, and they have
shipped 60 barrels of beer and 20 casks of flour on board the said ship here. They have
sent you in a small box by this ship 100 sola bills of i/. each, A. 1501-1600, towards
defraying the expense of these German families and they will send 4oo/. more by the
Minerva, Capt. Nicholson. Entry. PS. Capt. Hewitt will deliver you what provisions he
can spare and you want, on your receipt. The Trustees again repeat in relation to the
Moravians taking up arms that they think you should only have called upon them for
two men, that is to say, one for each lot of Mr. Spangenberg's and Mr. Nitschman's,
and on their sending two men, whether Moravians or others provided they are not
servants, it will be a discharge of them from that duty. z pp. [C.O. 5, 66j,fos.

499 Instructions by Trustees for Georgia to Capt. George Dunbar relating
September 17. to German passengers on the Three Sisters, Capt. Hewitt. If 90 or 100

heads of the German families will bind themselves to the Trustees you are to engage so
many, but not more than 100 nor less than 90. You are to have three originals of their
agreement written and to make a list of each family. Every person of 14 years is computed
a whole head; 4-14 half; under 4 not computed. Capt. Hewitt is to land at Tybee, send
the small box and letters to Mr. Causton and take his receipt both for the passengers and
for any provisions that can be spared. Entry, i p. [C.O. 5, 6jo,p. 371.]

500 Minutes of meeting of Trustees for Georgia. Received of Henry
September 21. Newman, io/. benefaction of a clergyman in the deanery of Stow,

Gloucestershire, towards building a church at Savannah. Received of
Thomas Tower, io/. his subscription towards building two churches in Georgia and
other religious uses. \p. [C.O. 5, 6%j,p. 40.]

501 Council of Trade and Plantations to Duke of Newcastle enclosing

September 21. extract from Lieut.-Governor Armstrong's letter of 8 July last wherein

he desires H.M.'s directions on the subject of a boy of ten years who

set fire to a house there, together with copies of relevant papers. There being no power

24 8 STATE PAPERS COLONIAL [502

given to the governor of Nova Scotia to grant commissions of oyer and terminer, the
governor cannot take any step with regard to this boy before you transmit to him H.M.'s
directions. Signed, Monson, T. Pelham, R. Plumer. i p. Enclosed,

501. i. Abstract of minutes of council of Nova Scotia held at Annapolis Royal,

20 April 1737. Copy, of No. 387 ii. -j pp. [C.O. 217, 31, fos. 119-1244 134-135^;

entry of covering letter in C.O. 218, 2, pp. 342-3.]

502 Alured Popple to John Hamilton. The Council of Trade and Plantations

Se P* e ? ll ? er ,, 21 - have considered your petition for land in South Carolina and are of
Whitehall. . . , TT ., ,

opinion your propositions are too general. Until they are better

satisfied that your proposals will be carried into execution they cannot think of recom-
mending your petition. Entry, i p. [C.O. 5, 401,^. 234.]

503 Captain Fitzroy Henry Lee to Council of Trade and Plantations. The

T- ?P* e P$ e *, a f > ti me f m Y sailing from Newfoundland being near, I have herewith
Falkland, St. Johns, i jr r i i r i /- i r i

Newfoundland. enc osed for your information the scheme of the fishery for this year

collected in the several harbours in the best manner I am able by myself
and the commanders of H.M.'s other two ships of war employed with me on that
station. 1 The fishery for this year, being in a manner ended, has been carried on very
quietly and orderly. Enclosed also is a general remain of the stores in garrison at Placentia
together with last year's expense signed by the proper officers and a return of Capt.
Gledhill's company in the said garrison as he has transmitted it to me.

I have, pursuant to the 7th article of H.M.'s instructions to me, made seizure this
year of a small vessel importing some wine, oil and brandy from Lisbon to this port
contrary to the intent and meaning of the Act of Parliament of 1 5 Car. II, and I hope
by the Court of Admiralty now established here there will be a stop to the clandestine
trade which has been very much carried on in these parts. I have this year no other
observations to the several queries of H.M.'s instructions than what I have already
transmitted to you the two last years. I shall only mention one thing, that as there has
been and may be hereafter some disputes between the officers of the garrison of Placentia
and the justices of the peace of the said town in the absence of the men-of-war I believe
it would be for H.M.'s service that his pleasure was more fully signified how far the
said officers and justices are to interfere with each other. Signed, i p. Endorsed, Reed.
9 January, Read 12 January 1737/8. Enclosed,

503. i. Bonds dated August 1737 by the following: Solomon Lombard, Henry
Atkins, Bartholomew Penrose, Solomon Davis, John Gorham, Daniel Gorham,
Elisha Mayo, Henry Atkins, Obediah Hussey, Silvanus Allin, Bethnal Gardner,
Thomas Howes, Reuben Kiley, not to carry men from Newfoundland but those
belonging to their own vessels. Endorsed, as covering letter. 9 pp.

503. ii. Return of Capt. Joseph Gledhill's company of foot at Fort Frederick,
Placentia, 5 August 1737: 3 officers, 2 sergeants, 2 corporals, i drummer, 27 privates,
4 recruits not yet arrived. Total: 36. Signed, Joseph Gledhill. i p. Endorsed, as covering
letter.

503. iii. Account of stores expended at the garrison of Placentia, i August 1736-1
August 1737. Signed, Daniel Campbell, Robert Bradford, Abraham Lake, i p.
Endorsed, as covering letter.

503. iv. Account of powder etc. expended at same in same period. Signed, Joseph
Gledhill, Henry Cope. 1 1 pp. Endorsed, as covering letter.

1 This document has not been found.

507] AMERICA AND WEST INDIES 1737 2 49

503. v. Remain of ordnance and stores under charge of William Sanderson,
storekeeper, at Placentia, i August 1737. xoj pp. Endorsed, as covering letter. [C.O.
194, 10, fos. 53-54^ 56-84^.]

504 Benjamin Martyn to Count of Zinzendorff. The Trustees for Georgia
September 23. have received your letter of 19 August from Herrenhut, occasioned by

lce * complaints sent from your domestics in Georgia. Enclosed is an
extract from orders sent to Georgia some time before receipt of your letter, whereby it
will appear that it never was in the intention of the Trustees that the Moravian Brethren
should be obliged to bear arms for it is a fundamental maxim with them to preserve the
rights of conscience inviolable within their jurisdiction. Only one man is required for
each lot who may be any person fit to bear arms provided he is not a servant. As the
Trustees look upon themselves as obliged to defend the province, so they will never
attempt to deprive anyone of the liberty of withdrawing from or continuing in it. The
colony being under an apprehension of a Spanish invasion, the people were put under
arms; the Moravians were required to appear in arms; they justly replied that they were
not freeholders but your servants. The Trustees hope that since they have given direc-
tions to their officers there will be no occasion of complaint for the future. The privilege
of going among the Indians was allowed your people out of regard to you; if they
cease to be inhabitants there, it cannot be continued. Upon the whole the Trustees hope
that their directions are agreeable to their conversation with you. If you have altered
your mind so as not to admit of the freeholder's duty to be done for the two lots (which
may be done by any two persons, though they are not Moravians, provided they are
freeholders) the Trustees will give your people leave to depart. Entry, i\ pp. [C.O. 5,
667, fos. 37^,38.]

505 Governor Jonathan Belcher to Council of Trade and Plantations. The
September 24. commissioners for settling the boundaries of Massachusetts and New

Hampshire met at Hampton, New Hampshire, on i August; and after
opening their commission adjourned to the 8th of that month, and from thence sat on
the affair from time to time till they made out their judgement on 2nd inst. And as I now
send you the journal of the house of representatives of Massachusetts, you will there
find the specific demands of Massachusetts and New Hampshire, the judgement of
H.M.'s commissioners, the resolution of Massachusetts to appeal from the judgement.
The assemblies sat at Salisbury and Hampton about five miles from each other; they
are to meet again i3th of next month. The commissioners, according to their adjourn-
ment, will be at Hampton on i4th when either party will have opportunity to enter
their appeal if they finally so determine. Signed. 3^ small pp. Endorsed, Reed., Read
16 November 1737. [CO. 5, 880, fos. 79-81^.]

506 Same, to Duke of Newcastle. [In substance, same as No. 505.] Signed.
September 24. 4 small pp. Endorsed, Reed. 16 December. [CO. 5, 899, /0J-. 278-279^.]

507 Duke of Newcastle to Council of Trade and Plantations. H.M. having

September 25. appointed William Anne, Earl of Albemarle, to be Governor of
Hampton Court. TT- j CA _ c j

Virginia, you are to prepare drafts of a commission and instructions.

Signed, Holies Newcastle. \ p. Endorsed, Reed. 27 September, Read 28 September 1737.
[CO. 5, 1 324, fos. 63, 6}d, 68, 68</.]

2JO STATE PAPERS COLONIAL [508

508 Council of Trade and Plantations to Duke of Newcastle, transmitting
September 28. draft of commission for Earl of Albemarle to be governor of Virginia,

\Y7V * * V 11 O *

with representation thereon, to be laid before H.M. Entry. Signatories,
Monson, T. Pelham, R. Plumer, James Brudenell. \ p. Enclosed,

508. i. Same to the King transmitting the said commission. We are preparing the
necessary instructions. Entry. Signatories, as covering letter, i p.

508. ii. Draft of the commission. Entry. 19 pp. [CO. 5, 1366, pp. 147-168; original
of covering letter in CO. 5, 1344, fos. 37-38^.]

509 Minutes of meeting of Trustees for Georgia. Received, a bank sola
September 28. bill of exchange at three days' sight for 5o/. from the Earl of Derby by
Palace Court. Ro b ert whittle for the late Earl of Derby's last payment for encourag-
ing botany and agriculture in Georgia. Received from the bank, receipts for io/. paid in
by Henry Newman and io/. paid in by Thomas Tower. [See No. 500.] i p. [CO. 5, 687,
A 4I-]

510 Alured Popple to Lieut. -Governor Thomas Broughton, transmitting
September 30. copy of opinion of Attorney- and Solicitor-General on two queries

white a . relating to the validity of some laws passed in Carolina between the
surrender of the charter and the arrival of Col. Johnson. Entry, i p. [CO. 5, 401, p. 235.]

511 Same, to Governor Gabriel Johnston, enclosing copy of opinion of
September 30. Attorney- and Solicitor-General on two queries relating to validity of

some laws passed in Carolina between the surrender of the charter by
the Lords Proprietors and the arrival of Capt. Burrington, late governor. Entry, i p.
[CO. 5, 323,70. 131.]

512 Harman Verelst to Rev. Mr. Zeigenhagen, German Chaplain to H.M.
October 3. a t Kensington. The Trustees will defray the charge of passage and

lce> bedding for Mr. Thielow who is going to the Sakburghers to assist
them in his profession. They will also subsist him with provisions for three years, in
consideration whereof they hope he will assist all other settlers in the neighbourhood
of Ebenezer that may want his help. Entry. \ p. [CO. 5, 66j,fo. 38^.]

513 Minutes of Common Council of Georgia. Approved report from corn-
October 5. mittee that Peter Gordon should be paid i3/. 7-r. id. for arrears of one
a ace ourt. y ear ' s provisions for himself and his wife while in Georgia and have

leave to dispose of his house and land to such person as should be approved by the
Trustees. The accountant acquainted the Common Council that a draft had been made
on the Bank of England for iooo/. 21 September 1737 to Aid. Heathcote; and that the
43 3/. imprest to James Oglethorpe to answer the like sum in the payment of sola bills
paid away by Mr. Causton as cash received of Mr. Oglethorpe, part of the i^ool. sola
bills paid away without Mr. Oglethorpe's endorsement, has been applied in discharge
of the said sola bills to that amount. Ordered, that 15007. of the 48507. sola bills directed
to be made out io August last be immediately sent to Georgia, any five of the Common
Council to draw for their payment on return. Ordered, that the residue of the sola bills

513] AMERICA AND WEST INDIES 1737 25!

directed to be made out for the service of the colony be sent to Georgia from time to
time as any five of the Common Council shall think fit, and any five of the Common
Council may draw on the Bank of England for payment thereof on their return.

The accountant made the following report of the state of the Trustees' cash as it
stood 30 September last. The sola bills ordered to be made out and yet unsent to Georgia
will provide for an exceeding of the established allowance to Lady Day 1738 as far as
7oo/., and after appropriating money for all the sola bills sent and to be sent and for all
particular uses besides, the balance in the bank for the colony this 30 September 1737
amounts to 5977/. 6s. of<^., and in Aid. Heathcote's hands, 145 2/. 6s. ~jd. Total to be
applied for the colony: 74297. I2J. ~i\d. Outstanding demands {particulars given}:
54267. i6j-. %d. Balance remaining, 2002/. 15-1-. nf-*/. whereout the expense of the Carolina
and Georgia disputes must be defrayed whereof TOO/, has been paid.

Resolved, that any five of the Common Council be empowered to draw on the Bank
of England for any sum not exceeding 4000!. as occasion shall require for payment of
provisions from England and Scotland, servants from Cowes, and other charges in
pursuance of the orders of the committee for providing necessaries for this year's
service in Georgia. Ordered, that i2/. be repaid to John Venables which he paid in
1 5 February last for subsistence of his son then going to Georgia, he staying only four
days in Georgia and being now returned to England. Ordered, that 1 5 barrels of herrings
from Scotland, each barrel containing 1000, at i6.r. each barrel be bought and sent to
Georgia.

Sealed grant of 5 oo acres of land to Robert Hay late of Edinburgh, cooper, recom-
mended by Patrick Lindesay, Provost of Edinburgh; and grant of 150 acres of land to
John Amory of Boston, Lincolnshire, yeoman; secretary to countersign, memorials to
be registered with auditor of plantations. Ordered, that i/. iij-. 6d. consideration money
and charge of registering Mr. Hay's grant be paid by the accountant to be repaid by
Mr. Hay in Georgia on executing the counterpart and receiving the grant.

Mr. Oglethorpe acquainted the Common Council that in pursuance of the Trustees'
memorial to H.M. dated 10 August 1737 [see No. 443] H.M. had ordered a regiment of
600 effective men to be raised for the defence of the colony and to be sent thither, and
that H.M. had appointed him colonel, James Cochran lieut. -colonel and William Cook
major of the said regiment. Resolved, that grants of 500 acres of land to Lieut. -Col.
Cochran and 500 acres of land to Major Cook be made and sealed; secretary to counter-
sign and sign memorials to be registered with the auditor of the plantations. Mr. Ogle-
thorpe moved that a trust grant might be ordered to be made out for 3000 acres of land
to be parcelled out in five-acre lots to the soldiers of his regiment during their con-
tinuance in H.M.'s service in Georgia. Ordered, that a grant be made out accordingly
for 3000 acres of land to three trustees who shall be named by Mr. Oglethorpe; seal to
be affixed, secretary to countersign.

Ordered, that a copper gilt mace be provided for the court of the town of Savannah.
Ordered, that a bill of exchange drawn by Mr. Causton 18 May 1737 on Mr. Oglethorpe
for 507. be accepted and paid, it being part of recompense to him for his four years and
upwards as storekeeper and magistrate and part of 20o/. to enable him to settle his new
farm. Resolved, that the memorial of John Vat for further recompense be rejected.
Ordered, that an indenture to Samuel Landers be sealed; secretary to countersign. Read,
letter from Rev. Charles Wesley desiring his salary for last year; ordered, that 5o7. be
paid him as missionary and for a year's salary due Michaelmas last. Certified accounts
were laid before the board as follows: Robert Ferryman's for 1327. ^s. ^d. for steers and
cows; Samuel Montaigut & Co.'s for 1737. i8j. )d. for necessaries; Messrs. Pitt &
Tuckwell's for 2237. 9^. tyd. for tools and necessaries delivered by John Brownfield,

2J2 STATE PAPERS COLONIAL [514

their factor; Robert Williams & Co.'s for y6/. $s. $\d. for provisions and necessaries.
Accounts were laid before the board as follows : for 49/. 1 8 s. 6d. for flour and beer which
Capt. Dymond delivered to Mr. Causton 24 June 1737; for i6/. i$s. \\d. for molasses
delivered by John Crokatt in Georgia by Mr. Oglethorpe's order. Ordered, that the said
accounts be paid.

Resolved, that 750/. be paid to Aid. Heathcote on account; signed a draft on Bank
of England for the same. Read, petition of John and Sarah Amory for a credit of 5O/.
in Georgia; resolved, to give the same on proper security for payment out of their
estate in Lincolnshire, u pp. [C.O. 5, 6yo,pp. 102-112.]

514 Minutes of meeting of Trustees for Georgia. Received from the bank

October 5. a receipt for so/, paid in by Robert Whittle. \See No. 509.! i p. fC.O. 5,
Palace Court. f ~ . r -,
687, p. 42.]

515 Grant by Trustees for Georgia to John Amory of Boston, Lines.,
October 5. yeoman, of 150 acres of land in Georgia. Entry, ^p. [C.O. 5, 6jo,p. 331.]

516 Same, to Robert Hay late of Edinburgh and now of Georgia, cooper,
October 5. o f 500 acres of land in Georgia. Entry. \p. [C.O. 5, 6jo,p. 331.]

517 Richard Coope to Andrew Stone. I am ready with all the vouchers
October 5. which may be necessary in Mr. Mathew's case except a few in the hands

of Mr. Yeamans who comes to town the middle of this month. Signed.
PS. I beg your perusal of the enclosed extract of minutes of council at St. Christopher's
to convince of the sentiments thereof in 1729, but more particularly to evince that
Mr. W. Smith (who has been too free in representing Mr. Mathew as acting upon his
own head) was early of a contrary opinion himself, i p. Enclosed,

517. i. Extract from minutes of Council of St. Christopher's, 19 December 1729.
Present, President Joseph Estridge, Sir Charles Payne, Wavell Smith, John Douglas,
Abraham Payne, Joseph Phipps. The Council declared on the facts before them that
the French had been guilty of unwarrantable violence on H.M.'s subjects, that the
French were not justified in seizing Col. Phipps's sloop, that the French carrying the
said sloop to St. Domingue was an injurious proceeding and that the burning of
two sloops of the Island of Santa Cruz, an uninhabited place, was contrary to the
law of nations and treaties. Copy, certified by Mansell Frank, Deputy Secretary. i\pp.
[C.O. 152, 44, fos. 122-125^.]

518 Council of Trade and Plantations to Duke of Newcastle transmitting
October 5. copy of deposition of master and company of St. James of Bristol

relating to the taking, plundering and detaining of that ship by the
Spaniards, received from President Gregory of Jamaica. Entry. Signatories, James
Brudenell, R. Plumer, Monson, T. Pelham. | p. [C.O. 138, i8,/>. 268.]

519 Governor Gabriel Johnston to Alured Popple. It is impossible to go
October 6. O n with public business until the fate of the blank patents is determined.

I dare not give up so much of the only revenue the king has here and
the fund from whence the officers' salaries are paid, without orders or at least a per-
mission from home. If the Attorney's opinion should not come these seven years (this

519] AMERICA AND WEST INDIES 1737 2 55

is now the third year that it has been lying before him and the fifth year that the other
question relating to our laws) all our affairs must remain in suspense till then.

I would thank you heartily for the copy of Mr. Burrington's answer if I had not
seen it in print above 16 months ago when it was dispersed through the province as a
masterpiece infinitely esteemed by the Board of Trade and by them referred to the
Attorney-General; which last I never did believe until you informed me of it. I am sure
that paper with some others sent over by the said person have done a vast deal of
mischief and emboldened the lower house of assembly to order the officers who were
collecting the quitrents into custody during the time of collection, for which attempt I
was obliged to dissolve them as I wrote you from Newbern last March. Mr. Burrington
holds upwards of 50,000 acres of land by these patents and, by what I can find since my
arrival here, never gave himself the trouble to consider the validity of them or anything
else relating to the revenue. I have no remarks to make upon his paper for I don't find
anything in it which invalidates any proposition advanced in my representation. There
are indeed some low jokes and personal reflections scattered up and down but as I find
that gentleman has upon another occasion made at least equally free with the Lords of
Trade themselves I think I have no occasion to complain.

The only thing I shall take notice of in Mr. Burrington's paper is of the patents
which were issued for the payment of those gentlemen who run the boundary line
betwixt this province and Virginia. The lands claimed by these patents do not in all
amount to 100,000 acres, but upon this pretence there have been patents sold for upwards
of 400,000 acres and every day's experience convinces me that some people have still a
good stock of them in their custody which they can fill up as they please and lay upon
anybody's land they think proper, which I am afraid will be a fresh occasion of per-
petuating the disorders of this unhappy country if they are confirmed. Though my
opinion does not seem to be much approved by their lordships, I can't help proposing
one expedient more which appears to me exceedingly fair, and that is to allow all those
patents which were issued for payment of the charges in running the line, amounting
to betwixt 90 and 100,000 acres at the rents reserved in the said patents, and the attorney-
general here have orders to vacate all those I proposed to be declared null and void in
my letter of last November in H.M.'s Court of Exchequer. By this there will be no
occasion to trouble H.M. in Council, the revenue will not suffer a great deal, and every-
one who possesses these patents will have a fair opportunity of defending them or, if
they please to resign them, they may hold the same lands at 4.1-. per 100 acres. If this
won't do I despair of being able to offer anything which will less hurt the crown and
at the same time be favourable to these people ; and I think it may be put in execution
without waiting for any opinion of the Attorney-General, there not being the least
pretence for issuing any other patents before H.M.'s purchase. Upon the whole all I
beg is only directions about this troublesome affair, which I shall most punctually obey.

I look on that part of your answer relating to quitrents as an absolute prohibition
to receive them in any commodities, and shall observe it accordingly. What has been
already paid of the arrears was received mostly in current bills of this province at the
exchange of 7 for i sterling money, though indeed in Virginia and other places where
they trade they pass generally at 9 or 10 for i ; but as there was a great arrear due it was
thought proper for the ease of the people to take it at 7, which was a great loss to me
and all the officers whose salaries are paid out of the quitrents. For with -jl. currency
which we received for i/. sterling we cannot purchase goods to the value of 14^. sterling.
But we cheerfully submitted to this loss (about 30 per cent, of our salaries) in order to
reconcile the people to the payment of their rents, a thing quite new to them by the
negligence of former governors. By the law which establishes the currency these bills

2J4 STATE PAPERS COLONIAL [j2O

were ordered to pass, as they pretend, at 5 to i sterling ; but as they have in reality always
passed at 10 and it was a favour to receive H.M.'s rents in current bills at all, we declared
we would not receive them at less than 7 for i, and as their value is not advanced I am
of opinion it will be necessary to fix the exchange higher for the future.

At last general court at Edenton a man was imprisoned for insulting the marshal in
the execution of his office during the sitting of the court. The people of the precincts of
Bertie and Edgecombe which lie next Virginia, believing he was called in question about
his quitrents, rose in arms to the number of 5 oo and came within five miles of the town
in order to rescue him by violence, cursing H.M. and uttering a great many rebellious
speeches. The fellow thought proper to pay his fine and beg pardon of the court before
they came so near the town, and by this means no mischief ensued. But they threatened
the most cruel usage to such persons as durst come to demand any quitrents of them for
the future. It is only in these two precincts that the people have dared to get together
in a body, and how to quell them I cannot tell if they should attempt an insurrection
against next collection. I have suggested something to Mr. McCulloh which without
much trouble might do great service in this case, if my lords please to pay any regard to
it and it be done speedily. I shall take care in all events to do my duty.

I have sent Mr. McCulloh for their lordships' inspection part of a crop of silk I made
truly and bona fide on my own plantation this year. I was obliged to feed the worms
mostly with wild mulberries, but next year some hundreds of my Italian mulberries will
be in bearing, and I do not doubt to make finer, though this is reckoned not at all amiss
for a beginning. I have at last got from the commissioners an account of their charges
in running the boundary line, with a draft of so much of it as is already done, which I
send to you for their lordships' use by this conveyance. {Marginal note: not received] I
hope my Lords of Trade will take the other points in mine of 1 5 October and 29 Novem-
ber 1736 into their consideration very soon. I have often suggested that this province
has never been regukrly settled and that a few vigorous declarations from the Board of
Trade would have a very great effect. The people seem here to be persuaded that they
may do what they please and that they are below the notice of the king and his ministers,
which makes them highly insolent. They never were of any service to the Lords Pro-
prietors, and if something is not speedily done to convince them that H.M. will not be
so used they will be of as little profit to the crown. Signed. PS. I have been lately informed
that Mr. Moseley has several of the accounts of Mr. Little, the receiver-general under
the Lords Proprietors, in his custody; upon which I ordered Mr. Allen to demand them
of him, but he positively refused to give them up, though they are office papers, alleging
that he was accountable for them to Little's executors. Endorsed, Reed. 9 January, Read
8 February 1737/8. 5^ pp. [CO. 5, 295, fos. 105-107^.]

520 Order of King in Council approving draft commission for Earl of

October 6. Albemarle to be governor of Virginia. Signed, W. Sharpe. Seal, i p.
Hampton Court. Enclosed>

520. i. Commission to Earl of Albemarle to be governor of Virginia. Draft. 19 pp.
[CO. 5, 196, fos. 150-161^; copy of order, endorsed, Reed. 28 March, Read 13 April
1738 in CO. 5, 1324, fos. 122, izid, 125,

521 Harman Verelst to Thomas Causton. The Trustees desire you to let

October 6. John Amory and Sarah, his wife, going to settle in Georgia, have
eorgia ce. crec jj t u p to ^ Q ^ ster ii n g ) t h e y having signed a security for payment
thereof out of their estate in England. Entry. \p. [CO. 5, 66j,fo. 38^.]

J22] AMERICA AND WEST INDIES 1737 2 55

522 Same to Thomas Causton by Minerva, Capt. Nicholson. The Trustees'

October 10. letter by Capt. Hewitt mentioned their surprise to hear of a scarcity
Georgia Office, of provisions at the southward when by the enclosed accounts of the
remains at November last and receipts since taken from the certified accounts such
quantities appear. You had a list left with you in November last of the inhabitants at
the southward and the proportion of provisions to be delivered to each, copy of which
is now sent you; which inhabitants being those that Mr. Oglethorpe left or provided
for coming who amounted in the whole to 221 heads, whereof at Frederica 153 and at
the Darien 68. And the Trustees fearing that the proportion of bread kinds established
for them in the said list is not sufficient, they have ordered that from the receipt of this
letter to Lady Day next each head of the said inhabitants both at Frederica and the
Darien is to be supplied after the rate of 24 Ibs. of flour or rice or a bushel of Indian
corn per month so as to make the whole bread kinds 6 Ibs. a week to each head, whether
all of one kind or part of one kind and part of another; whereby a month's flour or rice
or a proportion of each be 24 Ibs. together, or a bushel of corn in lieu thereof. Capt.
Daubuz will sail next week to Cork and from thence to Georgia with 600 barrels of
beef, 200 firkins of butter, 60 barrels of beer, 20 casks of flour, 60 firkins of tallow, 516
pairs of shoes and another sawmill.

Mr. Stephens's son who brings you this is accompanied with the following new
settlers at their own expense: John Amory, his wife, three children and two men-
servants (he has a grant of 1 50 acres and is recommended to the Trustees as understand-
ing surveying in case there should be any occasion for his assistance, he brings over a
circumferenter and case of instruments; if he should be found useful and fit to be
employed, he has a copy of the terms made with Rosse, and if he is at all employed it
must be under proper agreements from time to time as he shall be used. The memorial
of his grant to be registered with the auditor will be sent by the next ship. He has an
estate in England of 53/. a year, the rents of which are engaged for near four years to
pay some remaining debts of his, and he and his wife have executed a deed to the Trustees
for the payment of jo/, sterling after his creditors are paid in case they should want
assistance in the meantime with either provisions or necessaries in Georgia to that
amount, for which they have a particular letter of credit); Isaac Gibbs, his wife, two
children and a manservant, to settle on a 5o-acre lot; and Samuel Wathey to settle on a
jo-acre lot; for which they have particular letters.

You will receive by this ship forwarded from Charleston two cases of muskets, two
caggs of bullets and two half-barrels of gunpowder which must be sent to Lieut. Moore
Mackintosh for the use of the Darien; 1 5 barrels of herrings (five for Frederica, five for
the Darien, five for Savannah) to be distributed to the people; and a box containing 4oo/.
in sola bills, A. 1601-2000, the Trustees will send more by Capt. Ayers who sails this
month.

The Three Sisters was to sail from Cowes last Saturday with 109^ heads of foreign
servants. In the letter by that ship you were directed that after Capt. Gascoigne had two
families, the rest were to be employed on the Trust's farm under Mr. Bradley. But the
Trustees have written to him that you are now directed to employ of those servants
men and boys sufficient to supply two for the store, such labourers for the millwrights
as they may want, eight for the crane and garden and loading and unloading. And the
families belonging to them are not to be separated from them but to be with them and
employed in such manner as you shall find most convenient for the service of the Trust.
The rest are to be employed on the Trust's farm [particulars as in No. 498]. The employ-
ing of these servants in such labour which is now paid for will be a saving in that article
of expense; and the Trustees desire that every saving may be made where there is any

2j6 STATE PAPERS COLONIAL [523

room for it. And you cannot recommend yourself more to them than by acting in that
manner and at the same time having a regard not to permit any real want among the
industrious people.

Notwithstanding any rumours concerning Spanish claims and intentions against
Georgia, the colony is to be supported, for the king has made Mr. Oglethorpe captain-
general and commander-in-chief of all H.M.'s forces in Carolina and Georgia and has
ordered a regiment of 600 men besides officers for protecting his subjects in Georgia
and his possession thereof and given the command of the said regiment to Mr. Ogle-
thorpe, 300 men whereof will soon arrive with the lieut.-colonel. These troops will not
in any manner interfere with the civil affairs but the power of the militia and guardhouses
will remain as they are and all privileges and liberties will be preserved. Wherefore you
are to be assistive in everything to make your protectors easy and to remember the great
obligations you have to the king for his care of you.

In the small box sent herewith you receive a grant and counterpart of 500 acres of
land to Robert Hay who sailed from Scotland for Georgia with Mr. Anderson. The
i/. is. consideration money and los. 6d. more for registering the memorial of the grant
with the auditor have been advanced for Mr. Hay by the Trustees, which you are to
receive of him on his executing the counterpart of the grant and charge yourself there-
with; and when received and the counterpart executed, you are to deliver the grant to
him and send the counterpart to the Trustees, and the memorial thereof registered will
be sent Mr. Hay by the next ship. The Trustees have also sent you their part of Samuel
Lander's indenture who went by the Mary Anne and was ordered to the millwrights,
which please let him have. John Crokatt having agreed to deliver you at Savannah for
the use of the Trustees' servants 1000 yards of the best osnabrigs at 8*/. sterling a yard,
he has written to George Seaman for that purpose, and you are to give your receipt for
them to be paid for in England. The Trustees have paid Mr. Crokatt for the two hogs-
heads of molasses delivered in Georgia by Mr. Oglethorpe's order in August 1736.
Mr. Jenys being dead, the parcels by this ship are consigned to Joseph Wragg at Charles-
ton to be forwarded to you; he is to draw on the Trustees for the expense. I have sent
Mr. Eveleigh the Daily Advertisers 22 August 1737-8 October to forward to you.
Entry. ^ pp. [CO. 5, 66j,fos. 39-40^.]

523 Harman Verelst to George Seaman at Charleston. The Trustees having
October 10. agreed with John Crokatt for your delivering Thomas Causton at

lce< Savannah 1000 yards of the best osnabrigs at 8d. a yard, Mr. Crokatt
has written to you for that purpose and directed you to take Mr. Causton's receipt for
the delivery thereof; which will entitle your correspondent to payment for the same here.
Entry. \ p. [CO. 5, 667, fo. tod.}

524 Same to William Bradley at Savannah, communicating orders concern-
October 10. jng the employment of the German families sailing to Georgia by the

Georgia Office. ^^ ^^ contained in Nos> ^g and J22> Enf ^ ^ > { C Q ^ 66j>

fo. 41.]

525 Same to Capt. James Gascoigne. Several German families having
October 10. indented themselves for servants to the Trustees and sailed to Georgia

Georgia ce. Qn b oarc j tne j^]j ree Sisters from Cowes, Mr. Causton has directions to
let you have two of these families wherein are four or five young men to serve you.
Entry. \p. [CO. 5, 667, fo. 40^.]

530] AMERICA AND WEST INDIES 1737 2 57

526 Same to William Stephens. Your son who brings this will let you know

October 10. how your complement of servants has been made up, there having

Georgia Office. been Qnly threg shipped from Scotland, for which a bill has been

drawn and will be paid next Thursday. I hope you had a good voyage. The Trustees for
the conveniency of a safe correspondence between the inhabitants in Georgia and their
friends in England have directed you to give notice to the inhabitants that they may
bring or send their letters to you once a fortnight to be forwarded to England by every
opportunity that next offers, which you are to forward accordingly to the care of the
Trustees with a list of the said letters, keeping a copy of each list to send by the next
opportunity after them with an account how they were forwarded. You are further to
acquaint the Trustees what horses, cattle and stock are in the colony belonging to them
and what quantity of trees there are in the Trustees' garden. [Orders relating to the pro-
visioning of the inhabitants at Frederica and the Darien in No. 522 here repeated,} The king
has ordered a regiment for Georgia of 600 men besides officers and made Mr. Ogle-
thorpe colonel, Captain Cochran lieut.-colonel and Captain Cooke major. Lieut.-Col.
Cochran will soon be with you with part of the regiment, he going to Gibralter for men
from thence. [Orders concerning employment of the German families sailing for Georgia in
Nos. 498 and 522 here repeated.] Entry. i\pp. [C.O. 5, 66j,fo. 41,

527 Same to William Horton, communicating directions contained in
October 10. No. 522 concerning the provisioning of inhabitants at Frederica and
eorgia ce. ^ Darien. ^he Trustees have sent by this ship five barrels of herrings

to be divided to the people at Frederica. Entry. \p. [C.O. 5, 66j,fo. 42.]

528 Same to Lieut. Moore Mackintosh at the Darien. By this ship the
October 10. Trustees have sent 50 muskets in two cases, 5 cwt. of bullets in two

ice ' caggs and two half-barrels of gunpowder for smallarms, which they
have directed Mr. Causton to send to you for service at the Darien. They have also
directed him to send you five barrels of herrings to be divided to the people at the
Darien. Entry. \p. [CO. 5, 66j,fo. 42.]

529 Same to Samuel Eveleigh at Charleston. The Trustees have regularly
October 10. received the South Carolina Gazettes which you have sent them. And I

Georgia Office, have herewith sent you the Daily Advertisers from 22 August 1737 to
8 October, which please forward to Mr. Causton. The Trustees have paid Messrs.
Bakers the certified accounts you sent them to receive, and are much obliged to you for
your favours and kind correspondences. Entry. \p. [CO. 5, 667, fo. 43.]

530 Same to Joseph Wragg, merchant, at Charleston. Mr. Jenys being
October 10. dead, to whom the Trustees used to consign passengers and parcels to

lce ' be forwarded to Georgia, your brother applied to Mr. Oglethorpe that
you might be assistive to the Trust. Whereupon I received directions to consign to you
the parcels in the enclosed bill of lading shipped for the Trust on the Minerva to be
forwarded to Mr. Causton in Georgia. There is some gunpowder and shot in another
bill of lading enclosed and consigned to you which was shipped for one Mr. Tuckwell
and which please forward, with the parcels for the Trust, to John Brownfield at Savannah.
Mr. Thomas Stephens comes over a passenger with a servant or two to go to his father
at Savannah, who with John Amory and family, Isaac Gibbs and family, and Samuel
Wathey, other passengers for Georgia, may with their baggage be sent with the goods
above-mentioned. Draw upon the Trustees for the expense thereof. Entry. % p. [C.O. 5,
667, fo. 43.]
17 xuii

258 STATE PAPERS COLONIAL [53!

531 Alured Popple to Francis Fane, enclosing two Acts passed in Nevis in
October 10. June 1737 for his opinion in point of law, vizt. Acts to amend an Act

for good government of slaves; to oblige vessels having contagious
distempers on board to perform due quarantine. Entry, i p. [CO. 153, 16, fo. 65^.]

532 Same to same, enclosing three Acts passed in the Bahama Islands in
October 10. 1736/7 for his opinion thereon in point of law, vizt. Acts confirming

agreement of 7 September 1736 between Governor and Council and
James Scott for a house for the governor; for settling the militia; to prevent vexatious
lawsuits for small debts. Entry. i\ pp. [CO. 24, i,fo. 162, 162^.]

533 Same to same, enclosing sixteen Acts passed in South Carolina in 1736
October 10. a nd 1736/7 for his opinion thereupon in point of law, vizt. Acts to

supply defects in execution of Act to raise 30,3877. 3^. -jd. for charges of
government; for settling a ferry on Santee river; ordinance appointing Capt. John Hext
comptroller of duties granted to H.M.; Acts for taking off certain duties on Indian
traders; for founding a chapel of ease at Beech Hill; for establishing patrols; for con-
tinuing Broad-street in Charleston to Ashley river; for enforcing part of an Act made
in England in 5 and 6 Edward VI against buying and selling offices, part of a like Act
made in 2 George I for preventing forgery, and part of a like Act made in 7 George I
to prevent the forging acceptance of bills of exchange ; for establishing a road to Orange-
burg; for building a bridge over Ashepoo river; for raising 34,1087. i6s. 6d. current
money for charges of government; to enable commissioners to sign orders to the
amount of 35,oio/. current money for defence of the province; for making a road from
Savannah to Capt. Tyler's plantation; to empower commissioners of highroads and to
alter the bounds of the parishes of St. John in Berkley County, St. Thomas and St.
Dennis ; additional to an Act for keeping a watch; for better regulating Court of Common
Pleas. Entry. 5 pp. [CO. 5, 401, pp. 236-240.]

534 Same to same, enclosing twelve Acts passed in New Hampshire in
October 10. jyjj anc j \-j^-] for his opinion in point of law, vizt. Acts to encourage

sowing and manufacture of hemp; to enable Governor and Council to
take cognizance of the case of John Goff junior of Londonderry; for supplying the
treasury with 6joo/. in bills of credit for discharge of public debts; additional to an Act
for emitting 15,0007. in bills of credit; to enable the Treasurer of New Hampshire to
recover money due on bonds ; for a tax of 6oo/. for payment of the growing charge of
the province; to take off an entail in a deed of gift from John Header junior of Dover,
New Hampshire, to hi